CHAPTER 10-03
PAWNBROKERS SECTIONS:
10-0301. "Pawnbroker" Defined.
10-0302. License Required.
10-0303. Licenses - Fees For.
10-0304. Bond - Conditions Of.
10-0305. Licenses - Expiration Of.
10-0306. Licenses - Revocation Of.
10-0307. City Auditor to Keep Register of Licenses.
10-0308. Record of Goods Pawned or Consigned -- Duty of Licensee.
10-0309. Record of Goods Pawned or Consigned -- Copy to Chief of Police.
10-0310. Description of Property When Necessary.
10-0311. Licensees Not to Sell Property Within Forty-eight Hours.
10-0312. Licensees -- Notice Not to Sell Property -- Sale or Redemption of Property Not Allowed.
10-0313. Transactions with Minors -- Consent of Parents Required.
10-0314. Severability Clause.
10-0315. Penalty.
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10-0301. "PAWNBROKER" DEFINED. As used in this chapter, unless the context or subject matter otherwise requires, the term "pawnbroker" shall mean any person who:
1. Loans money on deposit or pledge of personal property, or other valuable thing;
2. Deals in the purchasing of personal property or other valuable thing, on condition of selling the same back again at a stipulated price; or
3. Loans money, secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged.
10-0302. LICENSE REQUIRED. Every person before engaging in the business of pawnbroker, as defined in Section 10-0301, or dealer in secondhand goods in the city shall obtain from the City
a license so to do.
10-0303. LICENSES - FEES FOR. Every pawnbroker, and every dealer in secondhand goods, before commencing business shall pay into the City treasury the required fee which shall be established by resolution of the City Council.
10-0304. BOND - CONDITIONS OF. Before the issuance of a license by the City Auditor to any person as a pawnbroker or dealer in secondhand goods, the person applying for said license shall
execute a bond to the City of Harwood in a sum set by the City Council by resolution with sufficient sureties, to be approved by the City Attorney, conditioned that the said applicant will, in every particular, conform to the requirements of this chapter and with the requirements of any law or ordinance which may hereafter be passed concerning pawnbrokers and secondhand dealers.
10-0305. LICENSES - EXPIRATION OF. Each license granted and issued under this chapter shall expire at the expiration of one year next following the granting and issuing of the same, unless
sooner revoked as hereinafter provided.
10-0306. LICENSES - REVOCATION OF. Every license issued under the provisions of this chapter shall be issued upon the distinct understanding that such license may be revoked by the City Council at any time, or by the court upon the conviction of the holder of a violation of this chapter. If the person so convicted shall have a license under the provisions of this chapter and said license is revoked, a new license shall not be issued to the same person within six months thereafter, except by consent of four-fifths of the City Council.
10-0307. CITY AUDITOR TO KEEP REGISTER OF LICENSES. The City Auditor shall keep a register of all the licenses granted under this chapter in which he shall record the name of the person
licensed, the time of issuing the license, and the place of business of such person.
10-0308. RECORD OF GOODS PAWNED OR CONSIGNED -- DUTY OF LICENSEE. Every person who shall be engaged in the business of pawnbroker as defined in Section 10-0301 or dealer in secondhand goods shall keep a book in which shall be clearly written in ink at the time of each loan, purchase, or consignment an accurate account or description, in the English language, of the goods, articles, or other things pawned, pledged, received, deposited, purchased, or placed on consignment, the amount of money loaned or paid therefor, the time of the receipt of the same, the name, residence, and description of the person pawning, pledging, selling, or consigning the same, which book, as well as the article pawned, purchased, or consigned, shall, at all reasonable times, be open to the inspection of the City Council, the police commissioner, the city attorney, City Auditor, or any member of the police force.
10-0309. RECORD OF GOODS PAWNED OR CONSIGNED -- COPY TO CITY. It shall be the duty of every pawnbroker or dealer in secondhand goods to make out and deliver to the City Auditor or Agent designated by the City Council by resolution, every day before the hour of 12:00 Noon, a legible and correct copy from the book required to be kept in Section 10-0308 of all personal property or other valuable things received, deposited, purchased, or placed on consignment during the preceding day, together with the time when received, deposited, purchased, or consigned, a description of the person or persons and an impression of the right thumbprint of the person or persons by whom such articles were left in pledge or from whom the same were purchased or taken on consignment. Should the right thumb be amputated or crippled then the left thumb may be used and the copy of the print should be so marked.
10-0310. DESCRIPTION OF PROPERTY WHEN NECESSARY. No person shall be required to furnish the description of any property purchased from private residences, manufacturers, or wholesale dealers having an established place of business or of goods purchased at open sale from any bankrupt stock or from any other person doing business and having an established place of business in the City. Such goods, however, must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the City Council, the police commissioner, the city attorney, City Auditor, or any member of the police force when demanded.
10-0311. LICENSEES NOT TO SELL PROPERTY WITHIN FORTY-EIGHT HOURS. No personal property received on deposit or purchased by any pawnbroker or dealer in secondhand goods shall be sold or permitted to be redeemed from the place of business of such person for the space of forty-eight hours after the copy and statement required to be delivered to the City Auditor or Agent designated by the City Council by resolution shall have been received as required by Section 10-0309.
10-0312. LICENSEES--NOTICE NOT TO SELL PROPERTY--SALE OR REDEMPTION OF PROPERTY NOT ALLOWED. Whenever the City Auditor or Agent designated by the City Council by resolution shall notify any dealer or dealers not to sell any property received on deposit or purchased by them or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed until such time as may be determined by the City Agent who required them to be held.
10-0313. TRANSACTIONS WITH MINORS -- CONSENT OF PARENTS REQUIRED. No person granted a license under the provisions of this chapter shall purchase or receive any article or thing of value from, or transact any business as provided herein with, any person who has not reached the age of eighteen years, without the written consent of such minor's parent or guardian.
10-0314. SEVERABILITY CLAUSE. The invalidity of any section, clause, sentence or any provisions of this ordinance shall not affect the validity of any part of this ordinance which can be given effect without such invalid part or parts.
10-0315. SEVERABILITY CLAUSE. Any person violating any section of this chapter shall be guilty of an infraction and shall be subject to the penalties set forth in Section 1-0211. Each day such violation continues shall be considered a separate offense.