HomeMy WebLinkAbout008 - 02/03/1966 - PROVIDING FOR THE REGULATION OF THE BUSINESS OF PAWNBROKING AND REQUIRING A LICENSE FOR SUCH BUSINES w
ORDINANCE NO 8 , 1966
BEING AN ORDINANCE PROVIDING FOR THE REGULATION OF THE
BUSINESS OF PAWNBROKING AND REQUIRING A LICENSE FOR SUCH
BUSINESS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 DEFINITIONS
(a) Pawnbroker A pawnbroker is any person firm, or corporation
who (1) engages in the business of Lending money on the deposit or pledge of personal
property or (2) purchases personal property with an expressed or implied agreement
or understanding to sell it back at a stipulated price (Any pawnbroker may effect
the purchase of second-hand personal property for resale purposes under the terms
of this chapter by acquiring any pawn ticket of his own issue by transfer ) A
pawnbroker may supplement his business of pawnbroking by engaging in the sale of
new or used merchandise purchased through ordinary channels of trade
(b) Pledge Pledge means any article or articles deposited
with a pawnbroker as security for a loan in the course of his business as defined
in the preceding paragraph
(c) Pledgor Pledgor means the person who delivers a pledge
into the possession of a pawnbroker If such person discloses that he is or
was acting for another Pledgor means the disclosed principal
(d) Pawnbroking Pawnbroking means the business of a pawnbroker
as defined in this chapter
Section 2 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
chapter and without first having obtained a license from the city clerk of the
City of Fort Collins
Section 3 LICENSE FEE
The annual license fee for carrying on the business of pawnbroking
shall be fifty ($50 00) dollars, submitted together with application to the city
clerk
Section 4 BOND REQUIRED
The licensee or applicant shall furnish a good and sufficient
bond with a surety to be approved by the city clerk in the sum of two thousand
five hundred dollars ($2,500 00) conditioned for the faithful observance of
the city ordinances on pawnbrokers and for the safekeeping or return of all
articles held in pledge by such pawnbroker
Section 5 GENERAL LICENSING PROVISIONS
No license shall be issued by the city clerk until such application
for license shall have been approved by the City Council upon recommendation of
the Chief of Police No license shall be approved unless the City Council
after investigation 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 chapter Licenses shall
be limited to use at the premises specified in the application Such license
shall not be transferable
Section 6 BOORS AND RECORDS
Every pawnbroker shall keep books and records sufficient to
identify each pledge together with the pledgor s name age current address,
sex or any other pertinent information as may be deemed necessary by the police
department to properly identify such pledgor All transactions shall be entered
in a book of numerical sequence in the order in which they occur together with
the date of each transaction, the amount length and terms of/the loan, the
article or articles pledged, the serial number name make or model or other
specific information as to make identification of the pledge readily ascertainable
Such books and records shall be open to the inspection of any law enforcement agent
of the city county or state during regular business hours and upon demand of
such agent the pawnbroker shall produce and show any article pledged in connection
with any loan The books and records of a licensee shall also reveal the date
on which each loan was terminated, and whether it was redeemed, renewed, or
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forfeited and sold Further all entries must be made in the English language in
a legible manner and shall be preserved and made accessible for inspection for a
period of two years after the redemption or forfeiture and sale of the pledge
Section 7 SIGNATURE OF PLEDGOR
The pawnbroker shall at the time of making the loan require the
pledgor or his agent to write his signature in a pawnbook of duplicate pages
bearing the serial number of the loan, and the pledgor shall then receive a
copy of such transaction in its entirety as outlined in Section 6
Section 8 RELEASE OF PLEDGES
The holder of the pawn ticket shall be presumed to be the person
entitled to redeem the pledge and except as provided otherwise in this chapter
the pawnbroker shall deliver the pledge to the person presenting the pawn ticket
on payment of principal and charges and upon surrender of the pawn ticket
—Section 9 LOSS OF TICKET
If a pawn ticket is lost, destroyed or stolen the pledgor or
holder thereof shall so notify the issuing pawnbroker in writing immediately
upon discovery of such loss Before permitting the redemption of the pledge
or issuing a duplicate ticket the pawnbroker may in addition to satisfying
himself of the validity of the claim require the pledgor to make an affidavit
of the alleged loss in writing, witnessed by two reputable residents of the
community in the presence of a notary public Upon receipt of such affidavit
in writing the pawnbroker shall permit the holder of the pawn ticket to redeem
the pledge or the pawnbroker shall deliver to the pledgor or holder a aluplicate
ticket and the pawnbroker shall incur no liability for so doing unless he has
previously received written notice of an adverse claim
Section 10 ADVERSE CLAIMS
If more than one person shall claim the right to redeem a pledge
the pawnbroker shall incur no liability for refusing to deliver the pledge until
the respective rights of the claimants shall have been adjudicated If no action
is brought against the pawnbroker by either party prior to the expiration of the
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period for which he is required to hold the pledge, he may proceed to sell the
pledge in accordance with the provisions of this chapter
Section 11 INTEREST RATE -- COMMISSION
No pawnbroker shall ask demand or receive any greater rate of
interest, commission and compensation than the total rate of three per cent
(37) per month or fractional part thereof computed upon the amount of money
actually advanced provided, however that upon the first fifty dollars ($SO 00)
or any part thereof, there may be made a charge of not to exceed ten per cent
(107) per month or fractional part thereof, provided further that no loan of
any amount less than ten dollars ($10 00) shall be made for less than the
minimum compensation of one dollar ($1 00) per month or fraction thereof 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 the loan on personal property shall be null and void
v Section 12 INTERMEDIATE PAYMENTS -- RECEIPTS
Pawnbrokers shall accept intermediate payments upon loans which
have not matured when presented with the pawn ticket, provided that no payment
need be accepted which is less than ten per cent (107) of the unpaid principal
balance, together with accrued charges The pawnbroker may elect to treat the
amount tendered as a payment upon the existing loan or the pawnbroker may
elect to renew the loan in which event a new pawn ticket in the lreduced amount
shall be issued A receipt showing the date of the payment and the amount
thereof shall be given for all moneys received on account of or in payment of
pledged loans
Section 13 NOTIFICATION OF IMPENDING SALE OF UNREDEEMED PAWNED
ARTICLES
The pawnbroker shall retain the pledge in his possession thirty
(30) days after maturity of said loan If the pledgor shall fail or neglect for
thirty (30) days after the maturity of said loan to redeem the pledge by repayment
of the balance of the principal and payment of all accrued interest charges the
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pawnbroker shall immediately thereafter mail a notice of the impending sale of
the pledged article to the address shown on the pawn ticket Ten (10) days
shall be allowed from date of notification for pledgor or his agent to appear
with the pawn ticket and reclaim the article or make satisfactory payments upon
same If the person who obtained the loan shall fail to redeem said pawned and
pledged property within the ten (10) days designated in said notice, all right
and title and interest of in and to such pawned and pledged property shall
be forfeited to the pawnbroker who shall thereby acquire absolute title to the
same, and the debt thereof become completely satisfied
Section 14 EFFECT OF HOLD ORDER
Any authorized police officer or law enforcement agent may order
a pawnbroker to hold any article or articles deposited with or in custody of
any pawnbroker for purposes of further investigation by the police department
No sale or other desposition may be made of any article held by any pawnbroker
while 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 or articles within such thirty (30) day period
in which event the hold order shall be effective until said prosecution shall
have been completed or dismissed
Section 15 NO DEFICIENCIES OR SETOFFS PERMITTED
The pawnbroker shall look to the property pledged for payment
of the debt and in no event to the personal credit of the pledgor No setoff
shall be allowed against a surplus or a deficit arising out of another loan
transaction between the parties
Section 16 UNLAWFUL TRANSACTIONS
It shall be unlawful for any pawnbroker to accept any articles
in pawn or purchase any second-hand personal property by acquiring aIpawn ticket
by transference from the following
(a) Any person under twenty-one (21) years of age,
(b) Any person under the influence of alcohol, or any
narcotic drug or stimulant,
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(c) Any person known to such pawnbroker to be a
thief, or to have been convicted of larceny
or burglary, withoutfirst notifying the police
department
Section 17 HOURS AND HOLIDAYS
It shall be unlawful for any pawnbroker to be open for business
or to operate the establishment wherein the business of pawnbroking is carried
on during the following hours and on the following days
(a) After 6 00 P M or before 8 00 A M
(b) On Sunday,
(c) On January 1, commonly called New Year s Day
on May 30 commonly called Decoration Day on
July 4 commonly called Independence Day on
the first Monday of September commonly called
Labor Day on Thanksgiving Day, and on December
25, Christmas Day
Section 18 RETURN OF STOLEN OR LOST PROPERTY
A pawnbroker who accepts in pledge any article or articles as
security for a loan from a pledgor who is not the owner thereof obtains no
ownership in the article or articles either by reason of the maturation of
the loan or by the nonredemption of the pledge Ignorance of the fact that
the pledged article or articles were lost or stolen shall not be construed
to affect the question of title, and if the pawnbroker shall sell such article
to a third person he shall remain liable to the actual owner
Section 19 LIABILITY FOR PLEDGED PROPERTY
A licensee shall be liable for the Loss of a pledge or part
thereof or for injury thereto whether caused by fire theft, burglary or
otherwise resulting from his failure to exercise reasonable care in regard to
it, but he shall not be liable in the absence of an express agreement to the
contrary, for the loss of a pledge or part thereof, or for injury thereto
which could not have been avoided by the exercise of such care
Section 20 INVESTIGATION
For the purpose of discovering violations of this chapter, the
Chief of Fbhce or his duly authorized representatives may at any time investigate
the business and examine the books accounts papers and records used therein, of
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(a) Any licensed pawnbroker in respect to such
books, accounts papers and records required
to be kept hereunder,
(b) Any other person who engages in the business
of a pawnbroker as defined in Section 1 of
this chapter or who participates in such
business as principal agent broker or otherwise
and,
(c) Any person whom the Chief of Police has reasonable
cause to believe is violating or is about to
violate any provision of this chapter whether
or not such person shall claim to be within the
authority or beyond the scope of this chapter
Section 21 PENALTY CLAUSE
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 chapter shall be guilty of a misdemeanor
punishable in accordance with the ordinances of the City of Fort Collins
Introduced considered favorably upon first reading and ordered
published this 6th day of January, A D 1966, and to be presented for final
passage on the 23rt day of Februa7 A D 1966
C)-E 'Y
fa
ATTEST
Ci y Cler
Passed and adopted on final reading this ardi day of Fbbld&ry,
A D 1966
a or
ATTEST
City Cler�
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