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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/20/2004 - SECOND READING OF ORDINANCE NO. 111, 2004, AMENDIN ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: July20, 2004 FORT COLLINS CITY COUNCIL STAFF: Hal Dean SUBJECT Second Reading of Ordinance No. 111, 2004, Amending Chapter 15, Article VIII of the City Code Relating to Pawnbrokers. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Chapter 15, Article VIII of the City Code contains various provisions regulating the operation of pawnbrokers in the City in the interest of the public health, safety and welfare. In the most recent legislative session,the General Assembly amended the state statutes pertaining to the regulation of pawnbrokers by deleting the maximum"fixed period of time"for contracts for purchase and imposed a minimum period of time. The City may enact ordinances more restrictive than state law regulating pawnbrokers. However,to eliminate potential confusion among pawnbrokers regarding their legal obligations, Ordinance No. 111, 2004, was adopted 5-0 (Councilmembers Hamrick and Roy were absent), on First Reading on July 6, 2004, amending Sections 15-261 and 15-269 to be consistent with state law. ORDINANCE NO. 111, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE VIII OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PAWNBROKERS WHEREAS,Chapter 15,Article VIII of the City Code contains various provisions regulating the operation of pawnbrokers in the City in the interest of the public health, safety and welfare; and WHEREAS, pawnbroker establishments in the City report a large number of purchase transactions and contracts for purchase to the Fort Collins Police Services on a weekly basis; and WHEREAS, a uniform and clear record keeping process needs to be established for consistent use by all such businesses to promote compliance with both state and local regulations. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition 'fixed period of time" as contained in Section 15-261 of the Code of the City of Fort Collins is hereby amended to read as follows: Fixed period of time shall mean that period of time,to be no less than thirty (30) days, set forth in a contract for purchase within which the customer has the option to cancel the contract. Section 2. That Section 15-268(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-268. Requirements for records. (b) A copy of any record required to be kept under this Article, together with a copy of the record of each contract for purchase or a receipt of the purchase transaction, shall be made available to Police Services each day so that said Service may maintain a complete record of all business transactions of the pawnbroker. It shall be the responsibility of Police Services to pick up the copies from the pawnbroker. Section 3. That Section 15-269 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-269. Minimum fixed period of time; maximum fixed price. (a) No contract for purchase be for a fixed period of time of less than thirty (30) days. (b) No pawnbroker shall ask, demand or receive any fixed price that exceeds one-fifth (1/5) of the original purchase price for each month plus the amount of the original purchase price. Introduced and considered favorably on first reading and ordered published this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: July6, 2004 FORT COLLINS CITY COUNCIL STAFF: Hal Dean SUBJECT First Reading of Ordinance No. 111, 2004, Amending Chapter 15, Article VIII of the City Code Relating to Pawnbrokers. C OpYr RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Chapter 15, Article VIII of the y o ns s ovi ns regulating the operation of pawnbrokers in the City in th nterest the p li s and welfare. In the most recent legislative session,the Gener ssemb ame d e state st tes pertaining to the regulation of pawnbrokers by deleting the max "fix erio time"f ntracts for purchase and imposed a minimum period of time. The City may enact ordinances more restrictive than state law regulating pawnbrokers. However,to eliminate potential confusion among pawnbrokers regarding their legal obligations, staff recommends that Sections 15-261 and 15-269 be amended to be consistent with state law.