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HomeMy WebLinkAboutOrdinance 08- 1734 Pawnbrokers and Secondhand Dealers amending chapter 5.32 ORDINANCE NO. 1734 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 5.32, PAWNBROKERS AND SECONDHAND DEALERS. WHEREAS, the City of Bozeman provides licenses to individuals and entities allowing them to do business as pawnbrokers with the City of Bozeman; and WHEREAS, staff has recommended that changes be made to the prOVIsIons of Chapter 5.32 to set forth more complete and necessary recordkeeping requirements of licensed pawnbrokers; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 5.32.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: 5.32.040 Register Required Required Records Every person licensed under the provisions of this chapter shall keep a book in which shall be entered, in legible writing, the name of all articles, and the description of each (when practicable), purchased or taken as a pledge, pawn, or security for money paid, advanced, or loaned thereon, and such register and the property so purchased or taken, together with the names and residences of the person from whom such property was purchased or taken, shall at all times be subject to examination as required in Section 5.32.050. 1. Every pawnbroker shall keep a database of records sufficient to identify each pledge. contract for purchase or purchase transaction. and each forfeiture of property pursuant to the terms of a contract for purchase. Every customer shall provide to the pawnbroker the following information for such records: (a) The customer's name and date of birth; (b) The current street address. city. state and zip code of the customer's residence; (c) The customer's identification from which will be of one or more of the following: · A valid state identification card; · A valid state driver's license; · A military identification card; · A valid passport; · An alien rel!istration card; · An official identification document lawfully issued by a state or federal I!ovemment 2. All transactions shall be kept in a numerical rel!ister in the order in which they occur. which rel!ister shall show the printed name and written or electronic signature of the pawnbroker or al!ent. the purchase price or other monetary amount of the transaction. the date. time and place of the transaction. and an accurate and detailed account and description of each item oftanl!ible personal property involved. including. but not limited to. any and all trademarks. identification numbers. serial numbers. model numbers. owner-applied numbers. brand names or other identifying marks on such property. Section 2 That Section 5.32.050 of the Bozeman Municipal Code be amended so that such section shall read as follows: 5.32.050 RegisteF Records - Examination by Police No person keeping a register Records as required in Section 5.32.040 shall fail, neglect, or refuse to exhibit the same to the Chief of Police, or any policeman, or any third party accompanied by such officer, or any person brought as a friend to redeem property pledged by another, when requested to do so, or refuse to permit the Chief of Police, or any policeman, or any third party brought by a pledge or to redeem the property pledged, to inspect any such article purchased or received. Section 3 That Section 5.32.060 of the Bozeman Municipal Code be amended so that such section shall read as follows: 5.32.060 PUFehases from Minors Persons From Whom Articles Shall Not Be Taken. No person lieensed to do business under the provisions of this ehapter shall pl:H'ehase or 2 reeeive any article from a minor, withom the \\l"itten consent of a parent or guardian of such minor. Such written consent shall be kept f-or inspection of EIfl-y person who ma)' desire to see the same. It shall be unlawful for any pawnbroker. secondhand dealer or valuable article dealer to receive. purchase or trade any article from a person who is under the influence of alcohol. under the influence of drugs. or under the age of eighteen (18) vears. Section 4 That Section 5.32.070 of the Bozeman Municipal Code be amended so that such section shall read as follows: 5.32.070 Duration Articles must be held No property or article purchased or received by any pawnbroker or secondhand dealer shall be sold or taken frem the plaee of busiaess of such pawnbroker or seeondhand dealer f-or one \veck after the date of its receipt and entry of its description in the register, except upon written authority of the Chief of Poliee and '.vhen same is sold, the name of the person to whom sold shall be entered into the register opposite the article sold. A pawnbroker shall hold all purchases made through a purchase transaction for a period of ten (10) days. during which time the prepertv shall not be disposed of or altered frem the form in which it was received. The holding period shall begin on the day the purchase transaction is uploaded into the Bozeman Police Department designated database. Section 5 That the Bozeman Municipal Code be amended by adding a new section to be numbered 5.32.080, to read as follows: 5.32.080 Internet Subscription Requirements Every pawnbroker shall own. maintain and operate a computer system with internet access. Every pawn shop or pawnbreker shall file all records electronically on a daily basis directly to the Bozeman Police Department and/or to an internet subscription service designated as an agent of the police department as prescribed bv the Chief of Police. The pawn shop or pawn breker shall enter and upload all information frem its database of records regarding contract for purchase. pledges. and purchase transactions. 3 Section 6 That the Bozeman Municipal Code be amended by adding a new section to be numbered 5.32.090, to read as follows: 5.32.90 Requirement for Records 1. All records required to be kept under this chapter must be kept in the Enlr1ish lanlruaae. in a leaible manner and shall be preserved and made accessible for inspection for a period of three (3) years after the date of redemption or forfeiture and sale of the property. 2. Upon demand of any Bozeman Police Department or agent, the pawnbroker shall produce and show any tanaible personal property given to the pawnbroker in connection with any contract for purchase or purchase transaction. The pawnbroker's database shall list the date on which each contract for purchase was canceled. whether it was redeemed. or forfeited or sold. and. upon demand. such records shall be made available to any Bozeman Police Department officer or aaent. Section 7 That the Bozeman Municipal Code be amended by adding a new section to be numbered 5.32.100, to read as follows: 5.32.100 Declaration of Ownership 1. The pawnbroker shall at the time of makina the loan contract for purchase or purchase transaction obtain a written declaration of ownership from the customer statina whether the property that is the subiect of the transaction is solely owned by the customer and. if not solely owned by the customer. the customer shall attach a power of attorney from all co-owners of the property authorizing the customer to sell or otherwise dispose of the property; 2. The pawnbroker shall require the customer to sign his or her name. in the presence of the pawnbroker on the declaration of ownership. Section 8 That the Bozeman Municipal Code be amended by adding a new section to be numbered 5.32.110, to read as follows: 4 5.32.110 Penalty Any person violating or failing to comply with any of the provisions of this article shall be guilty of a misdemeanor. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 10 Severability . If any provlSlons of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions ofthis ordinance are declared to be severable. Section 11 Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage on second reading. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10lh day of December 2007. ~f~~ Ma 5 ATTEST: ~~ STACY E~ City Cler ..... PASSED, ADOPTED AND FIN ALL Y APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of January, 2008. v~~ ~REN JACO ON "- Mayor ATTEST: ~ S AC MEN - City Clerk . 6