HomeMy WebLinkAbout053 - 05/20/1986 - REPEALING AND REENACTING CITY CODE RELATING TO LICENSING AND REGULATION OF PAWNBROKERS ORDINANCE NO. 53 , 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING ARTICLE XIII OF CHAPTER 73
OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, Article XIII of Chapter 73 of the Code of the City of Fort
Collins deals with the licensing and regulation of pawnbrokers doing
business within the City of Fort Collins; and
WHEREAS, the laws of the State of Colorado dealing with this same
subject were previously amended by the State Legislature, so that certain
inconsistencies presently existing between the above mentioned provisions
of the City Code and the provisions of C.R.S. , 12-56-101, et sec . ; and
WHEREAS, it is in the best interests of the community that the
above-mentioned ordinance of the City be made consistent with and, in some
respects, more restrictive than, the State statute.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Article XIII of Chapter 73 of the Code of the City of Fort
Collins, be and the same hereby is, repealed and reenacted as follows:
§73-67. Definitions.
For the purposes of this Article, the terms defined shall have the
meanings indicated:
CONTRACT FOR PURCHASE - A CONTRACT ENTERED INTO BETWEEN A
PAWNBROKER AND A CUSTOMER PURSUANT TO WHICH MONEY IS ADVANCED TO
THE CUSTOMER BY THE PAWNBROKER ON THE DELIVERY OF TANGIBLE PERSONAL
PROPERTY BY THE CUSTOMER ON THE CONDITION THAT THE CUSTOMER, FOR A
FIXED PRICE AND WITHIN A FIXED PERIOD OF TIME, NOT TO EXCEED NINETY
(90) DAYS, HAS THE OPTION TO CANCEL SAID CONTRACT.
-PL-EBGBI- CUSTOMER - €he- A person who delivers a— }edge PERSONAL
PROPERTY into the possession of a pawnbroker. FOR THE PURPOSE OF
ENTERING INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION. If
�+fek—�e�ser►--�i scaeses—bk►a�—Ne--}s—e�—ivas—aei;}ng--€ee•—ano-t#rew,
—"�rl edWO—means—the-44 90osed-gr4-ne 4e1-
FIXED PRICE - THE AMOUNT AGREED UPON TO CANCEL A CONTRACT FOR
PURCHASE DURING THE OPTION PERIOD. SAID FIXED PRICE SHALL NOT
EXCEED:
(1) ONE-TENTH OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH,
PLUS THE ORIGINAL PURCHASE, ON AMOUNTS OF FIFTY DOLLARS
(E50.) OR OVER; OR
(2) ONE-FIFTH OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH,
PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFTY
DOLLARS (E50.) .
FIXED TIME - THAT PERIOD OF TIME, NOT TO EXCEED NINETY (90) DAYS,
AS SET FORTH IN A CONTRACT FOR PURCHASE, FOR AN OPTION TO CANCEL
SAID CONTRACT.
OPTION - THE FIXED TIME AND THE FIXED PRICE AGREED UPON BY THE
PLEDGOR AND THE PAWNBROKER IN WHICH A CONTRACT FOR PURCHASE MAY BE
BUT DOES NOT HAVE TO BE RESCINDED BY THE CUSTOMER.
PAWNBROKER - AP)L-per"nr4-14vror-eepporati-en--who--engages-An--the
bus�aess �f--lend4a9 -monejr--0a-the-deposii;-ep-pledge-s€-persoaal-
W-0Par-�y,-�+'-who--puxchases-par-soaal•-pr-0pe�=�,�avitb-are�,c$xessed-ep
implied--agxesmeo-t-ep�u�dexstafld�ng�aa>•1_ax-bacJF-at-a a#�pu-bated
pryee.---fAny--"wnbreker--mej--effeef-the-iarehase--rf--see endhan4
persenal--properly--€er`-resale--purposes-4Mer-the--ferms-o€--th4 s
Art#e}e--by-acquiring-any-pawn-tric-keE-of-h#9--0wn-i-satae-by-traRsfer. )
A-1pawnbrokepquay-&uWement-hi-s--ba6€Hess-&f pawnbroking- y-enga94ng
in-the-sale-e€-new-or-ased--merehand#se-pureteased- through-ard-ifrary
ctrar♦aelf of-tpade, A PERSON REGULARLY ENGAGED IN THE BUSINESS OF
MAKING CONTRACTS FOR PURCHASE OR PURCHASE TRANSACTIONS IN THE
COURSE OF HIS BUSINESS.
PL-EDGE---Any--artie}e--(n--ert}e}es-depa9ited-wr1 h--&y pow nbroker-as
seearfty #er�tean �fl-the eaarse of-
his-basimessa-s-defrned-ifrthe
preeed+nt de +n4turn
PURCHASE TRANSACTION - THE PURCHASE BY A PAWNBROKER, IN THE COURSE
OF HIS BUSINESS, OF TANGIBLE PERSONAL PROPERTY FOR RESALE, OTHER
THAN NEWLY MANUFACTURED TANGIBLE PERSONAL PROPERTY WHICH HAS NOT
PREVIOUSLY BEEN SOLD AT RETAIL, WHEN SUCH PURCHASE DOES NOT
CONSTITUTE A CONTRACT FOR PURCHASE.
TANGIBLE PERSONAL PROPERTY - ALL PERSONAL PROPERTY OTHER THAN
CHOSES IN ACTION, SECURITIES, OR PRINTED EVIDENCE OF INDEBTEDNESS,
WHICH PROPERTY IS DEPOSITED WITH OR OTHERWISE ACTUALLY DELIVERED
INTO THE POSSESSION OF A PAWNBROKER IN THE COURSE OF HIS BUSINESS
IN CONNECTION WITH A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION.
§73-68. License required.
It shall be unlawful for any person, firm or corporation to engage
in the business of pawnbroking except as provided in and authorized by
this Article and without first having obtained a license from the -E4ty
C:-epk- DIRECTOR OF FINANCE of the City of Fort Collins. SUCH LICENSE
SHALL BE KEPT CURRENT AT ALL TIMES, AND FAILURE TO MAINTAIN A CURRENT
LICENSE SHALL CONSTITUTE A VIOLATION OF THIS SECTION.
§73-69. Annual license fee. The annual license fee for carrying on
the business of pawnbroking shall be fifty-five dollars ($55.) ,
submitted together with an application to the -E#ty-Crlerk DIRECTOR
OF FINANCE.
-2-
§73-70. Surety bond required.
The licensee or applicant shall furnish a good and sufficient bond
with a surety to be approved by the-CAy-6l-erk DIRECTOR OF FINANCE, in
the sum of two thousand five hundred dollars ($2,500.) , conditioned for
UPON the PAWNBROKER'S COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE
44-thf-u•1--o4ser-µaase-a�-the-si-t 4rdieaeees-otr flawnkaokews--and-for-4k
sa€ekeepiAg- or=--return--a€-Ala--aeiri-c4es-4w�4-4fl--p:�4ge--by--such
pawabro.ker.
§73-71. Investigation and approval of applicants required.
No license shall be issued by the -C4t,_-r,1er4( DIRECTOR OF FINANCE
until the application for a license shall have been approved by t-he
Gity-Go*ne41--L"fi-wecemmendatfen--of the Chief of Police FOR THE CITY OF
FORT COLLINS. No license shall be approved BY THE CHIEF OF POLICE
unless, -t-he-Cr4ty-GewK41-, after investigation, HE shall have found that
the applicant possesses financial responsibility, character and general
fitness so as to command the confidence of the public and to warrant
belief that the business will be operated lawfully, honestly, fairly
and efficiently for the purpose of this Article. Within forty-five
(45) days of receipt of an application to renew a license issued
hereunder the -&i-ity-Cl•Grk DIRECTOR OF FINANCE shall renew such license,
provided that the Chief of Police, after investigation, shall have
determined that the applicant has operated the business in such a
manner as to fully effectuate the purposes of this Article. Licenses
shall be limited to use at the premises specified in the application.
Such license shall not be transferable. DENIAL OF THE ISSUANCE OR
RENEWAL OF A LICENSE HEREUNDER MAY BE APPEALED TO THE CITY COUNCIL
THROUGH THE SAME PROCEDURES PROVIDED FOR APPEALS FROM THE FINAL
DECISIONS OF BOARDS AND COMMISSIONS CONTAINED IN CHAPTER 3A OF THIS
CODE.
§73-72. Required books and records; inspections.
A. Every pawnbroker shall keep books and records sufficient to
identify each pledge CONTRACT FOR PURCHASE OR PURCHASE
TRANSACTION, together--with INCLUDING the -piedgorLs CUSTOMER'S
name, age, current address, seu-er-other-pert#rent-+wFomatriom
saeh-es.-make--and--1i,cense-wmnber-ef--h+s-aatom b+K- DATE OF
BIRTH, and driver's license number -i€-efvy;- as snry-4)e-deemed
eeaessery-by-i;he-Pool 4 ee-Bepai-tmertt--te-.pweperl y-4dent-4,Fy-such
tr4edgor OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF
IDENTIFICATION WHICH IS OBTAINED DURING THE COURSE OF THE
TRANSACTION. All transactions shall be entered in a book of
numerical sequence in the order in which they occur, - egetiter
Britt+ AND SHALL INCLUDE the date a€-each transaetion, TIME AND
PLACE of THE TRANSACTION, tameant�-4engt4rar+d-terms-ee
a e aR,--0 a-art-4 a le--0r-&44 e 4 es-p 4 edged-;-the-se w W-fl amb er-,-Rame,
inakee and-medal-or-other-spee-i-f4e-i•Rformai=ion--as-may-tre-deemed
-neeessary-by--t-he-pal-ke-Department--4e-ewder-t-a-cHstiega4sh-ff�d
-ass s-t 4R-the +4ent#ficet4 ore ef-the--art i-e-l-eerart4e}es-i 4edged
AND AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPTION OF EACH
-3-
ITEM OF TANGIBLE PERSONAL PROPERTY INVOLVED , INCLUDING BUT NOT
LIMITED TO, ANY TRADEMARK, IDENTIFICATION NUMBER, SERIAL
NUMBER, MODEL NUMBER, BRAND NAME, OR OTHER IDENTIFYING MARKS ON
SUCH PROPERTY. The books and records of the licensee shall
also reveal the date on which each -I*" EXTENSION OF CREDIT
UNDER A CONTRACT FOR PURCHASE was terminated and whether tm� THE
TANGIBLE PERSONAL PROPERTY OF THE CUSTOMER was redeemed,
renewed or forfeited and sold UPON EXPIRATION OF THE CONTRACT
FOR PURCHASE .
§-73 7�--BECtARA4H-0N-AF-0WNER&RHi-s+gnatare-f-frle4g(H-en-pawn-t-k-ket-
required;-ceppef a€-recew4s%
B. The pawnbroker shall at the time of making the loan CONTRACT
FOR PURCHASE OR PURCHASE TRANSACTION, OBTAIN A WRITTEN
DECLARATION OF THE CUSTOMER'S OWNERSHIP OF THE TANGIBLE
PERSONAL PROPERTY WHICH SHALL STATE THAT SUCH PROPERTY IS
TOTALLY OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO SUCH
DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER OF THE
PROPERTY IN FAVOR OF THE CUSTOMER, HOW LONG THE CUSTOMER HAS
OWNED THE PROPERTY, WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND
THE PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF
THE FINDING. THE PAWNBROKER SHALL require the p+edgor-oa—his-
agent CUSTOMER to -write-his--signature- SIGN HIS NAME ON THE
DECLARATION OF OWNERSHIP AND IN THE REGISTER TO BE KEPT UNDER
SECTION 73-72 AND THE CUSTOMER SHALL BE GIVEN A COPY OF THE
CONTRACT FOR PURCHASE OR A RECEIPT FOR THE PURCHASE
TRANSACTION, WHICH 4-n-a-pawnbeek-►f-4upl-ieate-pa9es bear€ngtke
espy-a€-sueJ�-1:ransastri-0n-€�its-ent�a�elry-as-sate-i ned-�fl--7�-72.
The•-c-0py-of eaek-recorded pawn-kic-ket-er-pw^ehase -0€-personal-
proWt:y-ea=-aaerehandi3e shall correspond with the original in
every detail . If the same does not so correspond, the article
or articles referred to or described in such conflicting entry
shall thereupon be surrendered by the pawnbroker to the Police
Department of the City of Fort Collins.
C. FWVAhea=T (A)ll eatr4 s RECORDS REQUIRED TO BE KEPT UNDER THIS
SECTION must be -made KEPT in the English language, in a legible
manner, and shall be preserved and made accessible for
inspection for a period of twe• (2) THREE (3) years after the
DATE OF redemption or forfeiture and sale of the p-l-edge
PROPERTY.
(1) A copy of any -pawn record required TO BE KEPT under this
Article, together with a copy of the record of each
jRrt4ki&e--o€ -p►rop-Ga-t*-o-r-ane har+disa-by--a-
-pawnbbrrokex CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION,
shall be made available to the Fort Collins Police
Department each day so that the Police Department may
maintain a complete record of all business transactions of
the pawnbroker. No charge shall be made to the city for
-4-
furnishing such records, and it shall be the responsibility
of the city to pick up the copies from the pawnbroker.
(2) Such books and records shall -be REMAIN open to the
inspection of any 4aw-en#ereement-agent POLICE OFFICER of
the city dw^4ng-regt4ar-6us-inese--toure AT ANY REASONABLE
TIME. Upon demand of any such agent OFFICER, the pawnbroker
shall ALSO exhibit for inspection -by--suc4r-agent, any
TANGIBLE personal property or-merehandi-se- that may-be HAVE
BEEN in DELIVERED INTO his possession t14at--has-4ieeR
care4esed-by-4i4m-o�pawned-to•4r4m BY REASON OF ANY CONTRACT
FOR PURCHASE OR PURCHASE TRANSACTION.
§�3-�t-FFll4 ed y�rreha-sec-e€�repewty
A44--property-,--Rates-f--bonds--4w- seeuri•t-4es-ivh4& are-pureed
eit1="t-by-a--iawRbroker-sham-be-so-c#rewo--or--the-records-kept-by--the
pawRbreke�,- wit# -atl -i�rfer�nat�-on-eeneerRing--the-tr"saetieR-sei-*&rtlr
4R-suelr-recerds.
(Included under definition of Purchase Transaction. )
§;E3-a-4,--Reaeasa-of-pl edges.
Tore-helder-a€-tom-pawn--t4ekeb s#aT143e--pre swned-to-b-the-WseR
eR6i tied-to- redeex�-the-pledge-aadf-exeept-as-przov4ded-otherw4-se-ie-4444-s-
Art-ic4eT-the- paw RhrGker--sW4--de14vex=-the-ialedge--to--the--WseR
present}Rg-the-pawn--tieket:-on-payment-a tke-i�rafle4a4-and-c-hap9es-and-
mpen--wr-rendex-of-the paw n-t icket.
§7545,--W acement-af-a est;-t4sket,
I-f-.a--paws- ick4t-is-lost,-dgstxoyed-ax-staleR,-tha-Pled9en-a�=
Balder -thereof-shah--so--rto-tH-fy--ttre-ri-sza4ng-pawrtbreker--im-w-iting
i mmecH-at-e}y_--upert--&i.scevery--ef--sucii-floss--before--pernritt;img--the
redemptien--of-the-p}edge-er-+ssai-rg$-duplieate•t#eket;-t he--pawnbroker
inay,,--iir--mddit-ton--Le--sati-sfy-ing-h4insel-f-of--the-veli d}ty-e#-the-el$im,
regiti-re--tote--pledger-t-o--make- an--*ft#da+rit-erF--t-he--a4l eged-cress>--trt
tirri-1=ing;-witnessed--by-twa-(-2j-reputeb}e-resident�ef-t;he--ceinmwri-ty-#rt
-the-presenee-ef--a--twtary-pW4 e---Upen-reeei frt-of-9ae4r-*#f}4avit-}R
wri-t-" -the-"wnbroker-shal4-permit-thefi+0 der--of-the-pawn-t€eket-te
redeem -the-p}edge;-er-the--pawnbroker-shaa4-del4ver-t�-thrptedger-el,
holder-a-dWl-katee t4-eket-i-and-theirawnbr-0ker--ha4l--ieear-*o-4*abi448y
fer-so--do4-rg-aRless-Ore-#has•-prev4 9es4y--reseijied-wh=4•tten--hettGe-e€-aR
adverse-elai*-.
§�3aEr:--Adverse ca a� far�lt�ges-.
I#-ixore-than-one-FI} �eraeR-sha44-c4ai -khe-x4gh�-to redeem-a
p4edge-the-pawnbroker-shall--iiveep--ne-I-"W44t y-#er-ref-us#Rg•te-del4ver
the-pledge tRt4-1--t4he-respeetive-rtc}hts-ef-tlhe-cla4 marts-shah-have-been
adjud4eated.--4€-no- e4tker-
par�prior-te-thc-e*p-i-ratlerta€-the red to.
-5-
hood-the d4 edge-,--he-may-pre eeed-to-seN--the-pledge-rr-ece erdene a writfi
tfie-provisions-of t#ris-Artie}e.
§73-t73. Maximum interest rates; commissions prohibited.
No pawnbroker shall ask, demand or receive any greater rate of
interest, commission and compensation than the--t-ot&l--ete-af-three
pereeat-We)-per-mortW-er-froth&nel--part-thereof,--eoffMtited-brr tfie
amount-ef-money--aet;ael-ly-adrartced;-provided-,-troweaer,-tfiflt:-aporrthe
fyrsf-fifty-do}}ars--('b50•.a-ror-bny-part tirereoi`,-tfiere-mey-fie-made-a
charge--of--not-to--eceeed--ten-percent-{39%}per-month-ertraetiona+-pert
tfiereof-,-and-ptrovided-turt`her�tfiai`-no-i eatr trF-any-amamt-less th aR ten
de4:}ars than-+fie-fti mum-compermet+orr-of
pet THE "FIXED PRICE" AS
DEFINED IN 73-67 OF THIS ARTICLE. No other charge shall be made by
said pawnbroker upon renewal of any loan or at any other time. Any
contract for the payment of a commission by-the-borrower for procuring
tfie-}oa or personal-property A CONTRACT FOR PURCHASE shall be null and
void.
§73-784. Intermediate payments upon loans.
Pawnbrokers shall accept intermediate payments upon loans MADE
UNDER A CONTRACT FOR PURCHASE which have not matured, wherr presented
with-tire-pawrr t+c-ket, provided that no payment need be accepted which
is less than ten percent (10%) of the unpaid principal balance,
together with accrued charges. Tito--pawnbroker-mar-eiect`to-treat--the
amount-tendered-as-a peymeRi`titport-fife existing}o-an- thepawrtbrnker
may-elect-to-renew-t:he�aart,--itriA +e-h- event-,--a--brew-perm-ticket-rrtfie
reduced- ameani -shale--be---4s9ued: A receipt showing the date of the
payment and the amount thereof shall be given TO THE CUSTOMER for all
moneys received on account of or in payment of p:}Mge4 loans MADE UNDER
A CONTRACT FOR PURCHASE.
§73-795. HOLDING PERIOD AND Sale of uRr-edeemed--aptAe-Tes TANGIBLE
PERSONAL PROPERTY.
A. PROPERTY RECEIVED THROUGH PURCHASE TRANSACTION - A PAWNBROKER
SHALL HOLD ALL PROPERTY PURCHASED BY HIM THROUGH A PURCHASE
TRANSACTION FOR THIRTY (30) DAYS FOLLOWING THE DATE OF
PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD
SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY
AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY.
B. PROPERTY RECEIVED THROUGH CONTRACT FOR PURCHASE - -The
pawnbroker--shall-xQtain--the--1Qdge.-ice_►4s-{pecsess49w-t-h-trty
430.)--Jags-after-4utur-ity-c£-said-loaa. A PAWNBROKER SHALL HOLD
ALL CONTRACTED GOODS WITHIN HIS JURISDICTION FOR A PERIOD OF
TEN (10) DAYS FOLLOWING THE MATURITY DATE OF THE CONTRACT FOR
PURCHASE, DURING WHICH TIME SUCH GOODS SHALL BE HELD SEPARATE
AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY AND SHALL
NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY. If the pledgor
CUSTOMER shall fail or neglect forte tk}rty 3G}ways-after TO
-6-
REDEEM SUCH PROPERTY UPON the maturity of said loa& CONTRACT to
redeem-tie-1>1edge by repayment of the balance of the principal
and payment of all accrued interest charges, the pawnbroker
shall immediately, tdereafter- UPON THE MATURITY OF SAID
CONTRACT, mail WITH SUFFICIENT POSTAGE a notice of the
impending sale of the pledged-artrie�e PROPERTY DELIVERED UNDER
THE CONTRACT; SUCH NOTICE SHALL BE MAILED to the address shown
on the pawn-tic-ket CONTRACT PERTAINING TO THE TRANSACTION. Ten
(10) days shall be allowed from the date of MAILING OF THE
notification for the 0e4gor-or-#9-agent-CUSTOMER to appear
wA-h--the-pawn-€}c(et and reclaim the art-ic3e PROPERTY or make
satisfactory payments upon same. THE PAWNBROKER SHALL NOT SELL
OR OTHERWISE DISPOSE OF SAID PROPERTY PRIOR TO THE EXPIRATION
OF SAID TEN (10) DAY PERIOD. lf--the-pers a-who--obtained--the
1oan--Frha4-€a}l--iso--Medeem-said_-pawn ed-aed-pledged-propert)�
and-4A44e.-aid--interest--of,-i•R and-#e-such-$awned-aid-pledged
property---ahal_1--be--f4wf%ited-4o--the--pawpbpeker,--whe- sk�at�
thecaby-asgw re-absolute-4-4Ae-4a--thhe--same,-aid--the-4ebt
theme€-sha41•Tema completel y-sat#stied.
§73-8076. Hold orders AND SURRENDER OF PROPERTY.
A. Any cutMrrzed- police officer or-4aw-enforcement-agent may
order a pawnbroker to hold any ert-irle-or-articles TANGIBLE
PERSONAL PROPERTY deposited with or in custody of any
pawnbroker for purposes of further investigation h the Police
Department. No sale or other disposition may be de of any
article SUCH PROPERTY held by any pawnbroker whiia said hold
order remains outstanding. Any such hold order shall be
effective for thirty (30) days only, unless a criminal
prosecution is undertaken in reference to any such article-er-
artie: es PROPERTY within such thirty-day period, in which event
the hold order shall be effective until said prosecution shall
have been completed or dismissed.
B. In the event that any law enforcement officer of the city
determines that any article of personal property held by a
pawnbroker is stolen or illegally obtained property, such
officer shad MAY take such PROPERTY into his custody after
giving the pawnbroker a receipt for the same which sets forth
the reason for the confiscation.
P3-84:-Bef e4enc4es and-set&ffs-pr"4Hied.
The-pawnbrekei sWa -Teolf-to--tbe-property--pledged--fer-payment-e1=
the-debt-an d-}R-no-ewer t-t e-the.-pe r sena7-e pedi-t-e€-the-*4 edgor---No-
seto#-sba-U-be-al-lowed-agaiflst a_aurple5- or-a-de•�icit-ape Rg out-ei=
anGthev-loan-transaetien-between-the-parties.
§73-8-277. PROHIBITED transactions. with-certaim persom-protHb+ted.
-7-
A. It shall be unlawful for any pawnbroker to accept any erticles
}R•-pawR--"-p"c4vase,any-seeondkand- TANGIBLE personal property
UNDER A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION by
aGquiri-Rg-a-pawn-t#eket-by- raRsfereRee from the following:
I . Any person under twenty-eRe -(244 EIGHTEEN (18) years of
age.
2. Any person under the influence of alcohol or any narcotic
drug or stimulant.
3. Any person known to such pawnbroker -ta-ba-.a-#hiaf--or to
have been convicted of larceny THEFT or burglary, without
first notifying the Police Department.
B. WITH RESPECT TO A CONTRACT FOR PURCHASE, NO PAWNBROKER MAY
PERMIT ANY CUSTOMER TO BE OBLIGATED ON THE SAME DAY IN ANY WAY
UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT WITH THE
PAWNBROKER WHICH WOULD RESULT IN THE PAWNBROKER OBTAINING A
GREATER AMOUNT OF MONEY THAN WOULD BE PERMITTED IF THE
PAWNBROKER AND CUSTOMER HAD ENTERED INTO ONLY ONE CONTRACT FOR
PURCHASE COVERING THE SAME TANGIBLE PERSONAL PROPERTY.
C. NO PAWNBROKER SHALL VIOLATE THE TERMS OF A CONTRACT FOR
PURCHASE.
§73-z8,-RespoRsi�14 ty-f�-staleR-0r-q estr-preperty.
A. -or-a�rtk4es-as
sec{rrit,�-€or-dean•#-tern-a�ledQerlvhe-�s-Rot##�e-ewnew-t�rereef
ebtaiRs-4ie--owner-ship-4+r-t4ve-antic-k--or--&A4ek-s--ei#keYL-by
�=eases-o-�#ke-rnata�=at,�eR-e�-tke-loan-e�-by-tMti�eRredeR�p�ioR-e€
the--0edge,--49mw-aase-0•f--the-€ac-t-that--the-pledged-a ti-0-e-er
ar4 ;esavere-test-er-sto4-"-sW4-nett-be-eeastpued-te-a##eet
the--questi44�-of-#4tle,--and-#€-the--pawR4rekep-steal4-sed4--s j&
ar-tic;e-to-a-t h4-rd-per-seRf4�e-&W4-pemaia-l-iable-to--theac#aal-
ewner.
It -> ieeRsee -shad- -tiabae-#ep-the-tess--of-,a-pledge-sf--papt
#beree€T-0r-#epa4,jwr)L- hepeto-,-whethep caasedby-€im e -tW-t-;-btu}ary-
epnthapwi -pesa14ieg-ffem•4As-€a444ipe•#a-exere4se•4leasenab3e-c-ere-4i+
pegar�-to-ib; bat-Me s#a�l awt-be a iablt�- �+ the-abse ee-of-an-eWess-
agpee*ent:#,e-thhe-feRtparyT-for-the•aess-of-a-pledge-o=parzt:#bepeofi-,-ep-
#ep i4njapy--theret:o,-a4*Gh--,oatd-r►at-have•-been-avoi4ed-by-the-exere*se
of-sash-Fare.
§73.-5-13-78. Business limited to one location.
A pawnbroker shall conduct his pawnshop business from only one (1)
business location, which shall be the location listed on the
-8-
pawnbroker's license. This provision shall not prohibit a pawnbroker
from using warehouses or other storage locations away from the licensed
place of business, but such other location shall be used only if the
pawnbroker submits notice to the-tity-tterk DIRECTOR OF FINANCE in
writing of such off-site locations, and in such event such off-site
locations shall be open to any law enforcement officer of the city for
inspection during regular business hours.
§�3 86 -€raves igative-aut+rerit e€-GHe€�#-del ice.
For--t-e--purpose
- of-�iseevering-v#a}at�arr�-e1`-t�ris-,4ri 1�-the
£h}ef vf-Pe}ice-er-his-e}dl•y-esrtheri3ed-represent-ai;7ves-mey-at-sny ti me
-in"Arigat�—_ the--besiiress--and-exam•ine-the-books,--aceearrtr,-paperr-and
-reeords-used-therein;-of
A:--Any-1 censed--pawnbreker-im-respect`to-much-books,-aeeourrts,
Papers-and-reeords-regtti red-te-be--kept-here ander.
B.--Amr-other person-whe-engager i n-t-re- -of -a-pawn brekeras
defined-iir-�3-6� of-th i-s-- fiele- oi^-whe•-pai^4#ei�rates-iir-seek
bas4-Tess_ as principal ,-agent,-broiler-er otherwise.
C-.--Any--perserr-whom--the-Gh-W -rf--Pel-ke--has-reaeonable--eeuse-Ee
be-}ieve-if-vieTat�g--er i-s-abeat te-v-i�rla€e,-$nyy»�ev}gion-e€
i lhisr-4rt#e}e-,--wlhether--er-not-weir-perso*- - 1*4fn-te-be
wit-h4 n-t-he-a trthor i 8y�-ot—beyofld-t-he-s eepe-a€-#H-S-Artie{e.
§73-879. Violations and penalties.
In addition to the revocation or suspension of any license issued
under the provisions hereof, any person, firm or corporation who shall
violate any of the provisions of this Article shall be guilty of a
misdemeanor punishable in accordance with the ordinances of the City of
Fort Collins.
Introduced, considered favorably on first reading, and ordered
published in summary form this 6th day of May, A.D. 1986 and to be
presented for final passage on the 20th day of May A . 1986.
Mayor
ATTEST:
" e
City clerk
-9-
Passed and adopted on final reading this 20th ay of May, A.D. 1986.
Mayor
ATTEST:
City
-10-