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Ordinance 1325ORDINANCE NO. / ,?;'Z' AN ORDINANCE OF THE CITY OF EDMONDS.* WASHINGTON.* RELATING TO PAWNSHOPS AND PAWNBROKERS9 PROVIDING FOR THE ISSUANCE AND REVOCATION OF LICENSES THEREOF, CREATING A.NEK CHAPTER TO THE EDMONDS CITY CODED - CHAPTER 4.75, AND PRESCRIBING PENALTIES FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF EDMONDS* WASHINGTON DO ORDAIN AS FOLLOWS: Section 4.75.010 Definitions The term "Pawnbroker" as used in this chapter, shall mean and include every person who takes or receives by way of pledge, pawn or exchanger goods., wares or merchandise, or any kind of personal property whatever, for the repayment or security of any moneyloaned thereon, or to loan money on deposit of personal property. The term "Pawnshop" shall mean and include every place at which the business of pawn broker is being carried on. Section 4.75.020 Licenses required - fee. It shall be unlawful for anyone to engage in the business of pawnbroker or paw-nship without first having obtained a license therefor. The fee for such license shall be $ Z 6Q. O 0 per annum and will expire the 31st day of December of the year issued. Said license shall not be assignable or transferable. Said license shall also act in lieu of the City of Edmonds busi- ness licenseand all licenses are subject to revocation by the City Councill,, for cause, or for any violation of the laws of the State of Washington, or ordinances of the City of Edmonds., and upon revocation any unearned portion of said fee shall be forfeited to the City of Edmonds All renewals shall be sub- ject to approval by the City Council. Section 4.75.030 Location No license for a pawnbroker or pawnshop shall be issued to conduct said business in any area of the city outside those areas zoned BC, CG and IP, as set forth in the Official Zoning Code and Official Zoning Maps of the City of Edmonds. Section 4.75.040 Applications for License. Application for pawnbroker or pawnshop license shall be in writing filed with the City Clerk and shall be accompanied by the required fee. The application shall be referred to the Police Depart- ment for recommendation to the City Council, which may there- after direct issuance. Section 4.75.050 Records to be Kept. It shall be the duty of every pawnbroker and pawnshop doing business in the City of Edmonds to maintain at his place of business, a book or other permanent record in which shall be legibly written in the English language, at the time of each loan,; purchase or sale, a record containing: (1) the date of the transaction; (2) the name of the person or employee conducting the same; (3) the name, age, street and house number,, and a general description of the complexion, color of hair and height and weight of the person with whom the transaction was had; (4) the name and street and house number of the owner of the property bought or received in pledge; (5) the street and house number of the place from which the property bought or received in pledge was last removed; (6) a description of the property bought or received in pledge, which in the case of -2- watches, clocks, bicycles, motorcycles, automobiles, guns, revolvers, cameras, tires, and any other kind of property having a number or numbers shall contain the name of the maker and the number of both the works&, case,, engine or motor number, or such other number or numbers as may serve to identify it, together with the description of all letters, and marks inscribed thereon whereby the same may be identified, provided that, when the article purchased is furniture or the contents of any house or room actually inspected on the prem- ises, a general record of the transaction shall be sufficient; (7) the price paid or the amount loaned; (8) the names and streets and house numbers of all persons witnessing the trans- action, if any; and (9) the number of any pawn ticket issued therefor. It shall be unlawful for any pawnbroker or pawn- shop and every clerk, agent or employee of such to fail, neglect or refuse to make entry in any material matter in his record, as required by this Section&, or to make any false entry therein, or to obliterate, destroy or remove from his place of business such record. Section 4.75.060 Customer Reguired to Sign Records. Anyone who pledges, sells or consigns any property to or with a pawnbroker or pawnshQp shall sign the records required to be kept by such broker or shop with his true name and shall include his correct residence address. Section 4.75.070 Transcript of records to be furnished to police. It shall be the duty of every pawnbroker or pawn- shop before 12:00 o'clock noon, of every business day to -3 - report to the Police Department, a full, true and correct record of all transactions Ya d on the preceding day. The Police Department may provide the forms to be used. It shall also be the duty of any pawnbroker or pawnshop having good cause to believe any property in his possession has been previously lost or stolen, to report such fact to the Chief of Police, together with the name of the owner, if known., and the date of and name of the person from whom the same was received by such pawnbroker or pawnshop. Every pawnbroker or pawnshop and every clerk, agent or employee of such pawnbroker or pawnshop who shall fail` neglect or refuse to make such report, or shall report any material matter falsely to the Chief of Police, shall be guilty of a violation of this Section. Section 4.75.080 Records to be Open for Inspection. All books and other records of any pawnbroker or pawnshop relating to the purchase, pledge, exchange, barter or receipt of any goods, warest merchandise or other articles or things of value, shall, during the ordinary hours of business, be open to inspection by any city officer,. including police offi- cers, detailed for that purposer and all articles or things received, purchased or left in pledge with said pawnbroker or pawnshop shall, during the ordinary hours of business, be open to a like inspection. Section 4.75.090 Interest Rates. All pawnbrokers, pu�u,;ehops shall not charge interest rates in excess of those allowable under the laws of the State of Washington. RCw chapter 19.60, as now in effect and as they may, from time IM to time, be amended., and every person who shall ask or receive a higher rate of interest or discount on any such loan., or any actual or pretended sale or redemption of personal property, or who shall sell any property held for redemption, within ninety (90) days after therperiod for redemption shall have expired, shall be deemed guilty of violation of this title. Section 4.75.100 Time of Sale It shall be unlawful for any pawnbroker or pawnshop to remove any goods, articles, or thing purchased by him, or left with him, in pledge, from his store or place of business until the expiration of ten (10) days after the same has been reported to the Chief of Police as herein provided, unless the said goods, articles or things have within the time specified, been inspected as provided in this chapter. Section 4.75.110 Transactions with Prohibited Persons. It shall be unlawful for any pawnbroker or pawnshop, his clerk or employee, to receive in pledge, or purchase, any article or thing from any person under twenty-one years of age, or from any person who is at the time, intoxicated, or from any habitual drunkard, or from any person known to be addicted to the use of narcotic drugs, or from any person who is known to be a convicted thief, or a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such. The effect of loaning money upon or purchasing goods from any of the classes of persons enumerated in this Section shall be prima facie evidence of an intent on the part of -5- such pawnbroker or pawnshop or their agent or employee, to violate this title. Section 4.75.1 0 Ammunition. Sales - Storage. It shall be unlawful for anyl�pawnbroker or pawnshop to purchase, store or offer for sale or trade, any firearms ammunition. Section 4.75.130 Penalties for Violation Any person violating or failing to comply with any of the provisions of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof,; shall be punished by a fine in any sum not exceeding $500.00,: or by imprisonment in the City Jail not exceeding ninety (90) days, or by both such fine and im- prisonment. Every person aiding or abetting in any act or omission in violation of this title, whether he directly performs or omits to perform any act in violation of this Ordinance,. whether present or absent, and every person` directly or indirectly, who counsels, encourages,, hires,; commandsr, in- duces or otherwise procures another to commit such violations, is, and shall be, a principal under the terms of this chapter and in violation thereof. Section 4.75.140 Severability. If any portion whatso- ever of this chapter is for any reason held invalids such invalidity shall not affect the validity of the remaining portions of this chapter, it being expressly declared that all portions of this chapter would have been adopted irres- pective of the fact that any portion be declared invalid. APPROVED: r GORDON MAXWELL* MAYOR -5- ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: SEP 5 - 19S7 FILED WITH TIDE ,CITTY. CLERK:_ 5 fL7 PUBLISHED: ' � orc