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Ordinance 1749 - FAILED - Pawnshops and Secondhand Stores01/20/15 FAILED UNANIMOUSLY ORDINANCE NO. 1749 AN ORDINANCE AMENDING CHAPTER 20 OF THE KALISPELL MUNICIPAL CODES RELATING TO PAWNBROKERS, JUNK AND SECONDHAND DEALERS, RESCINDING KMC 20-1 THROUGH 2O-10 AND REPLACING THE RESCINDED PARTS AS SET FORTH, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, pursuant to Kalispell Municipal Code Chapter 20, the City of Kalispell regulates the business of Pawnbrokers, Junk and Secondhand Dealers, primarily for the purposes of preventing such businesses from being utilized by third parties to sell stolen goods, to assist in the recovery of stolen goods conveyed thereto and to obtain evidence in the investigation of thefts; and WHEREAS, the current code is found to be inadequate to serve the above stated purposes; and WHEREAS, the Kalispell City Council therefore finds that it is in the best interest of the safety and welfare of the City and its residents that Chapter 20 of the Kalispell Municipal Code be amended to update the regulation of Pawnbrokers and Secondhand Dealers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF JANUARY, 2015. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" Chapter 20 PAWNBROKERS, jUN AND SECONDHAND DEALERS INI A. .. i• rw• 'i � i,oiv_i�Ativ.:r�� �.i7i�A.inaAvia�Aia.��w�z...•. a.i..a��w_.io�.iAR.wiw ME i• 1 I I l � /\n1 %��t99 %�•�)t•�l!•lt\`��t99 %�•�O L•�7 �!l�ll Alll9•fAlll9� %�� %•199t•�1i�91•�Ol %�Ar 1 I \1I i a91 t•! i9•! [! f !i! i9! 1 I �• 11 1. - �M 1 11 0 . I �• I Al 20-1 Definitions A. "Pawnbroker" means anv person or entity who. within the Citv_ loans monev on deposit or pledize of Personal Property or any valuable thing, or who deals in the Purchasing of Personal Property or valuable things on condition of selling the same back at a stipulated price, whether he does the same for himself or as an agent of some person or firm or corporation, who by any means, method or device loans money for personal property when the same is deposited for security or is deposited for any other purpose. B. "Secondhand Dealer" means any person or entity, who, within the City, as a business, engages in the purchase, sale, trade, barter, recycling or exchange of secondhand goods, wares or merchandise; or any person who keeps any store, shop, room or place where secondhand goods, wares or merchandise of any kind or description, are bought, sold, traded, bartered, recycled or exchanged is defined as a secondhand dealer within the meaning of this chapter; provided however, that this chapter shall not apply to bona fide trade or turn -ins of secondhand goods, wares or merchandise or other goods where no cash is transferred or paid by the merchant, or to auction houses or to the transaction of any property that is titled and of record with a state or the federal government. C. "Customer" means any person or entity who, within the City, deposits, pledges, sells, trades, barters or exchanizes personal property secondhand szood_ wares. merchandise or other valuable things to an operator as set forth in this chapter 20-2 Exceptions and Exclusions A. Pawnbrokers and secondhand dealers are excluded from uploading items into the selected database per 20-3 of this ordinance if the item meets one or more of the following criteria: 1. The item purchased by the dealer is under $50.00 in value except if the items are purchased in a quantity of 25 items or more, such as 25 or more DVDs, CD's etc. 2. The seller is a known customer of the dealer and had contracted with the business prior to the property being presented for sale such as estate sale purchase. The exception does not include over-the-counter contracted purchases. 3. The property was obtained through a bidding process through a reputable, licensed auction house. 4. The property is brokered with the business. 5. The acquisition for resale of any goods by a nonprofit corporation or nonprofit association recognized as such by the Internal Revenue Service or by a bona fide fraternal or bona fide religious organization or association. 6. The acquisition for resale or trade of coins or of monetized bullion, or commercial grade ingots of gold, silver or other precious metals including, but not limited to, gold, silver, platinum, which ingot bears a stamp or other marking indicating or reflecting the government, governmental agency, private corporation, or banking institution issuing or producing the ingot. "Commercial grade ingots" is defined herein as 0.99 fine ingots of gold, silver or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars and medallions are marked by the refiner or fabricators as to their assay fineness. 20-3 Register A. Any operator who engages in the activities set forth in Section 20-1 shall keep a legible register or record of all property purchased or taken under that section, along with; 1. A description of each article, including, but not limited to, identification number, serial number, model number, brand name or other identification marks on such article; and a description by weight and design of precious and semi-precious metals or stones. Jewelry shall be photographed and the photographs maintained by the purchaser for a period of one year and/or the photo uploaded to the database. 2. The customer's name and date of birth and documentation from 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 registration card; An official identification document lawfully issued by a state or federal government. 3. The current street address, city, state and zip code of the customer's residence. B. All transactions shall be kept in a numerical register in the order in which thev occur. which register shall clearly document the pawnbroker, secondhand dealer or agent conducting the transaction, 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 of tan ig ble personal property involved, including, but not limited to, any and all trademarks, identification numbers. serial numbers. model numbers. owner-annlied numbers. brand names or other identifvint marks on such nronerty. C. Violations . A violation of this section or of any violation of state law regardingthe he regulation of Pawn Shops at 31-1-401 and 31-1-402 MCA shall be deemed a misdemeanor and punishable in accordance to state law at 31-1-407 MCA. 20-4 Examination All persons keeping records as required in Section 20-3 shall comply with state law at 31-1-402 MCA in regard to the examination of records. All records required to be kept under this article must be kept in the English language, in a legible manner and shall be Preserved and made accessible for inspection for a period of three years after the date of redemption or forfeiture and sale of the property. 20-5 Persons from whom articles shall not be taken It shall be unlawful for any pawnbroker or secondhand dealer to receive, purchase or trade any article from a person who is under the influence of alcohol, under the influence of drug, or under the age of 18 years. 20-6 Duration articles must be held A pawnbroker or secondhand dealer shall hold all purchases made through a purchase transaction for a period of seven (7) days, during which time the property shall not be disposed of or altered from the form in which it was received. The holding period shall begin on the day the purchase transaction is uploaded into the law enforcement designated database. 20-7 Internet subscription requirements Every pawnbroker and secondhand dealer shall own, maintain and operate a computer system with internet access. Every pawnbroker or secondhand dealer shall electronically file all records identified in Section 20-3 directly to an internet subscription service designated as an agent of the police department as prescribed by the Chief of Police. The pawnbroker or secondhand dealer shall enter and upload such information from its records by no later than 5:00 PM on Friday of each week. If the transactions have not been entered into an electronic database accordingto o this section, the Police Department shall serve a cease and desist order upon the business from any further transactions by the operator, until the operator is in compliance. The Chief of Police may for good cause shown grant an operator a written extension to any deadline given. The operator may seek relief from this order through petition to the Kalispell Municipal Court upon a showing that the operator is, in fact, in compliance with this ordinance or is otherwise exempt from its requirements. 20-8 Requirement for inspection of property Upon demand of any law enforcement officer or agent, the pawnbroker or secondhand dealer shall produce and show any tangible personal property given to the pawnbroker or secondhand dealer in connection with any contract for purchase or purchase transaction for the purposes of any criminal investigation pursuant to MCA 46-5-212 and the requirements of an administrative warrant. 20-9 Declaration of owners A. The pawnbroker and secondhand dealer shall, at the time of making the loan contract for purchase or purchase transaction, obtain a written declaration of ownership from the customer stating whether the property that is the subject 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. B. The pawnbroker or secondhand dealer shall require the customer to sign, in their presence, the customer's name on the declaration of ownership.