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Location: cityofbardstown.org > Ordinances

Pawnbrokers

 

Section

110.01  Definition
110.02  License required
110.03  Criteria for granting license
110.04  Pawn ticket and receipt required
110.05  Register of loans or purchases
110.06  Examination and inspection of books
110.07  Daily reports
110.08  Receipts

110.99  Penalty

§ 110.01  DEFINITION.

For the purposes of this chapter the following words and phrases shall have the following meanings ascribed them respectively.

"PAWNBROKER."  Any person who loans money on deposit of personal property, or who deals in the purchase of personal property on condition of selling the property back again at a stipulated price, or who makes a public display at his place of business of the sign generally used by pawnbrokers to denote their business, or who publicly exhibits a sign advertising money to loan on personal property or deposit.
(Ord. passed 5‑13‑58)

§ 110.02  LICENSE REQUIRED.

No persons, firm or corporation shall engage in the business of pawnbroker in the city, without first having obtained a license permitting them to engage in such business, which license shall be granted only by the City Council at a regular meeting of the Council. 
(Ord. passed 5‑13‑58)  Penalty, see § 110.99

§ 110.03  CRITERIA FOR GRANTING LICENSE.

No license shall be granted by the City Council to any person to operate the business of a pawnbroker unless such person has, in the opinion of the Council, a good general reputation in the city from what people generally say about him, for honesty and fair dealing.  No license shall be granted to a person who has been convicted of a felony or convicted of a misdemeanor dealing with the subject of larceny or obtaining money under false pretense.
(Ord. passed 5‑13‑58)

§ 110.04  PAWN TICKET AND RECEIPT REQUIRED.

(A)       Every pawnbroker shall give a plain written or printed ticket for the loan to the person negotiating or selling, and a plain written or printed receipt of the articles that have been purchased, or upon which money is loaned, having on each a copy of the entries required by § 110.05 of this chapter.  He shall not make any charge for the ticket or receipt.

(B)  A pawnbroker may sell any article pawned after the expiration of 90 days from the maturity of the loan, provided that, not less than 10 days before making the sale, the pawnbroker shall give notice to the person by whom the article was pawned, by mail addressed to the post office address of such persons as shown on the pawnbroker's register, notifying such person that, unless he redeems the article within 10 days of the date of mailing the notice, the article will be sold.
(Ord. passed 5‑13‑58)  Penalty, see § 110.99

§ 110.05  REGISTER OF LOANS OR PURCHASE.

Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him.  The register shall show the date of all loans or purchases, the names of all persons who have left any property on deposit as collateral security, or as a delivery or sale.  Opposite the names and date shall be written in plain hand a full description of all property purchased, or received on deposit as collateral security, the time when the loan falls due, the amount of purchase money, the amount loaned and the interest charged.  The register shall at all times be opened to the inspection of the chief of police of the city in the discharge of his official duty or to any one designated by him.
(Ord. passed 5‑13‑58)  Penalty, see  § 110.99

§ 110.06  EXAMINATION AND INSPECTION OF BOOKS.

The chief of police of the city and any persons acting by his orders or by the order of any elected official of the city may examine the books of any pawnbroker or his clerk, if they deem it necessary, when in search of stolen property.  Any person who has in his possession a pawnbroker's ticket issued by a pawnbroker in the city shall when accompanied by a policeman of the city, be permitted to examine the property purporting to be pawned by that ticket.  No property shall be removed from the possession of any pawnbroker without the process of law required by the existing law of the state or the ordinances of the city regulating pawnbrokers.
(Ord. passed 5‑13‑58)

§ 110.07  DAILY REPORTS.

Every pawnbroker in the city shall, by 11:00 a.m. of each day, make available to the chief of police of the city a true and correct written report of all goods received by him, whether by pawn or purchase, during the 24 hours  preceding each report; the report shall describe the goods as accurately as practicable.  The chief of police shall furnish blanks to the pawnbroker for the report required by this section.
(Ord. passed 5‑13‑58)  Penalty, see § 110.99

 

§ 110.08  RECEIPTS.

Every pawnbroker, upon receiving any payment of money from a borrower, shall give to such person a plain and complete receipt for such payment, specifying separately the amount applied to principal and the amount applied to interest.  In a case where a pawnbroker has purchased personal property under an agreement to sell it back at a stipulated price, the pawnbroker shall, upon receiving any payment of money from the person from whom the property was purchased, give such person a receipt stating the original purchase price, the stipulated resale price, and the amount received.
(Ord. passed 5‑13‑58)  Penalty, see § 110.99

 

§ 110.99  PENALTY.

Any person who violates any provisions of this chapter shall be guilty of a misdemeanor and shall be fined not less than $10 nor more than $500 for each violation and upon his conviction his license, if any, to engage in the business of a pawnbroker, shall be revoked.
(Ord. passed 5‑13‑58)