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AGENDA
Public Safety Committee Regular Meeting
4:00 PM - Monday, December 12, 2016
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. ALCOHOL IMPACT AREA ORDINANCE
a) AB - 1788 Police Department recommends approval of an ordinance enacting an Alcohol
Impact Area within the downtown area of the City of Renton.
2. INTERLOCAL AGREEMENT FOR THE VALLEY NARCOTICS ENFORCEMENT
TEAM
a) AB - 1811 Police Department recommends approval of an Interlocal Cooperative
Agreement with the cities of Auburn, Federal Way, Kent, Seattle, Tukwila, and the Port of
Seattle for the Valley Narcotics Enforcement Team (VNET).
3. PAWN ORDINANCE
a) AB - 1798 Police Department recommends approval of an ordinance implementing a "No
Buy From" list requiring pawn shop owners to check a list of stolen property prior to
entering into agreement with sellers.
b) CashAmerica Correspondence
4. EMERGING ISSUES IN PUBLIC SAFETY
AB - 1788
City Council Regular Meeting - 14 Nov 2016
SUBJECT/TITLE: Alcohol Impact Area Ordinance
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Jon Schuldt, Police Commander
EXT.: 7555
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
BACKGROUND/ISSUE: Create an Alcohol Impact Area within the downtown area of the City of Renton. An
Alcohol Impact Area is enacted to mitigate the negative impacts on a community that result from the presence
of chronic public inebriation and the anti-social behaviors that are associated. These impacts include quality
of life, safety, and the financial impact to the community, residents, businesses, and visitors. The area will
have clearly defined geographical boundaries within the City, which through statistical analysis, have shown to
have a disproportionately higher number of calls for service (Police and Fire) for nuisance related activity. This
will be a collaborative effort involving local businesses, social services, and other local, county, and state
agencies.
This ordinance would affect the off premise sales of inexpensive, high alcohol content beverages in a defined
geographic area of the City. The ordinance would put into effect a six month voluntary prohibition of the sale
of identified high alcohol content, low price beers and wines, from the stores in the affected area. During that
time we would collect data on the effectiveness of the voluntary prohibition of those sales. If voluntary
measures are not reducing issues associated with chronic public inebriation, then the City can petition the
Washington State Liquor and Cannabis Board to recognize the Alcohol Impact Area, putting mandatory
restrictions on businesses in that area.
EXHIBITS:
A. Draft Ordinance
STAFF RECOMMENDATION:
Approve the proposed ordinance, enacting an Alcohol Impact Area within the downtown area of the City of
Renton.
AGENDA ITEM #1. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CREATING AN
ALCOHOL IMPACT AREA WITHIN THE DOWNTOWN AREA OF THE CITY OF
RENTON.
WHEREAS, the Renton Police Department has compiled crime statistics of liquor
related violations. Those statistics show that liquor related violations occur in higher numbers
in the downtown area in comparison to other areas of the City; and
WHEREAS, chronic public inebriation is associated with an inordinately high demand
on social services and public safety resources and contributes to the deterioration of the
general quality of life in the downtown core/city center and negatively impacts the welfare,
health, peace, or safety of those who live or visit the area; and
WHEREAS, the Renton Police Department desires to implement a plan to address
these chronic and costly demands; and
WHEREAS, an important element in the plan to reduce chronic public inebriation is to
restrict the availability of alcohol sold to chronic public inebriates in areas where such sales
threaten the health, safety, and welfare of the public and that of the chronic public inebriates;
and
WHEREAS, the first application of such a plan in the Alcohol Impact Area is to seek
voluntary compliance by licensees to refrain from the sale of certain alcohol for “off‐
premises” consumption; and
WHEREAS, pursuant to Washington Administrative Code (WAC) §314‐12‐215, the
Washington State Liquor and Cannabis Board may impose additional restrictions on off‐
AGENDA ITEM #1. a)
ORDINANCE NO. ________
2
premises alcohol sales within an area of the City that is adversely affected by chronic public
inebriation or illegal activity associated with alcohol sales or consumption; and
WHEREAS, WAC §314‐12‐215 provides that, as a condition precedent to the City
requesting that the Washington State Liquor and Cannabis Board enact additional restrictions
on off‐premises alcohol sales within an area of the City adversely affected by chronic public
inebriation or illegal activity associated with alcohol sales or consumption, the City Council
must enact an ordinance that designates such an area as an Alcohol Impact Area; and
WHEREAS, over the past two years, there have been meetings between police officials
and the following business groups and social service providers within the downtown area of
the City:
City of Renton Community Services
City of Renton Community and Economic Development
REACH
Renton Chamber of Commerce; and
WHEREAS, the Renton Police Department will work with the licensees in the Alcohol
Impact Area to obtain voluntary compliance with the plan to eliminate the sale of alcohol
products described in Exhibit A; and
WHEREAS, this ordinance is adopted pursuant to the authority granted to political
subdivisions of the state in Article 11, §11, of the Washington State Constitution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. Alcohol Impact Area
AGENDA ITEM #1. a)
ORDINANCE NO. ________
3
A. The geographical area in the City of Renton described below and depicted on
Exhibit B, attached hereto and incorporated herein, is declared to be an Alcohol Impact Area
(“AIA”) as defined by WAC §314‐12‐215:
The boundaries of the AIA are as follows:
North:
East from the intersection of Hardie Avenue South and Renton Avenue Extension to
Rainier Avenue; east from Rainier Avenue on Airport Way to Logan Avenue North; North on
Logan Avenue to North 3rd Street; east on North 3rd Street to Sunset Boulevard North.
East:
South from the intersection of North 3rd Street and Sunset Boulevard North to Bronson
Way North; southwest on Bronson Way North, continue southwest onto Bronson Way South
to Main Avenue South; continue southbound on Main Avenue South to South Grady Way.
South:
Southwest on South Grady Way from Main Avenue South to Talbot Road South; north
on Talbot Road South to South 7th Street; west on South 7th Street to Hardie Avenue South.
West:
North on Hardie Avenue South from South 7th Street to the point of origin on Renton
Avenue Extension.
B. Six (6) months following the effective date of this ordinance, the Chief of Police
(or his designee), on behalf of the organizations listed above, shall provide a report to the City
Council on the voluntary efforts to address chronic public inebriation issues in the Alcohol
Impact Area. This report shall include relevant crime statistics, policy reports, emergency
AGENDA ITEM #1. a)
ORDINANCE NO. ________
4
response data detoxification reports, sanitation reports, public health records, and other
information that document the success or failure of the voluntary efforts to address chronic
public inebriation in the Alcohol Impact Area. Based upon the information contained in the
report, the City Council may consider the adoption of legislation directing the Chief of Police
to request the Washington State Liquor and Cannabis Board to impose further restrictions on
liquor licensees, pursuant to WAC §314‐12‐215, in the Alcohol Impact Area. Such legislation
must be adopted by the City Council before any representative of the. City requests the
Washington State Liquor and Cannabis Board to impose such restrictions.
SECTION III. Product Restrictions. The list of product restrictions set forth in Exhibit
A, attached hereto and incorporated herein, will be in effect for the duration of this
ordinance.
SECTION IV. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION V. Effective Date. This ordinance shall be in full force and effect five (5)
days after publication of a summary of this ordinance in the City’s official newspaper. The
summary shall consist of this ordinance’s title.
SECTION VI. Severability. The provisions of this ordinance are declared separate and
severable. If any provision of this ordinance or its application to any person or circumstance is
held invalid, the remainder of this ordinance or application of the provision to other persons
or circumstances shall be unaffected.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
5
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1939:9/22/16:scr
AGENDA ITEM #1. a)
AB - 1811
City Council Regular Meeting - 05 Dec 2016
SUBJECT/TITLE: Interlocal Cooperative Agreement for the Valley Narcotics
Enforcement Team (VNET)
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Kevin Milosevich, Police Chief
EXT.: 7503
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The parties to this Agreement are the cities of Auburn, Federal Way, Kent, Renton, Seattle, and Tukwila, and
the Port of Seattle. The Valley Narcotics Enforcement Team (VNET) is assigned to the Drug Enforcement
Administration (DEA) Task Force. The parties desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the criminal laws relating to controlled substances.
Municipalities within the Puget Sound region have experienced an increase in urbanization and population
densities. The ability to address crimes associated with controlled substances may stretch the resources of
individual police department specialty units. A multi-jurisdictional effort to handle specific and complicated
narcotic investigations has resulted in more effective pooling of personnel, the improved utilization of scarce
funds, a reduction in the duplication of equipment, improved training, and a development of specialized
expertise. The formation of VNET has resulted in improved services for all of the participating entities,
increased safety for officers and the community, and improved cost effectiveness.
EXHIBITS:
A. Interlocal Agreement
B. Draft Resolution
STAFF RECOMMENDATION:
Approve the recommended Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 1
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, SEATTLE, TUKWILA,
AND THE PORT OF SEATTLE FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
I.PARTIES
The parties to this Agreement are the cities of Auburn, Federal Way, Kent,
Renton, Seattle, and Tukwila, and the Port of Seattle.
The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement
Administration (“DEA”) Task Force.
II.AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08
of the Revised Code of Washington.
III.PURPOSE
The parties desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the criminal laws relating to controlled
substances.
IV.FORMATION
There is hereby established a multi-jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team (“VNET”), the members of which
shall be the cities of Auburn, Federal Way, Kent, Renton, Seattle, and
Tukwila, and the Port of Seattle. The future admission or elimination of a
jurisdiction as a member of VNET may be accomplished by an addendum to
this Agreement.
V.STATEMENT OF PURPOSE
Municipalities within the Puget Sound region have experienced an increase in
urbanization and population densities. The ability to address crimes
associated with controlled substances may stretch the resources of individual
police department specialty units.
Prior to the formation of VNET, law enforcement efforts directed at dealing
with controlled substances crimes were, for the most part, conducted by law
enforcement agencies working independently. A multi-jurisdictional effort to
handle specific and complicated narcotic investigations has resulted in more
effective pooling of personnel, the improved utilization of scarce funds, a
reduction in the duplication of equipment, improved training, and a
development of specialized expertise. The formation of VNET has resulted in
improved services for all of the participating entities, increased safety for
officers and the community, and improved cost effectiveness.
VI.TEAM OBJECTIVES
Personnel from each participating jurisdiction who are assigned to VNET will
form a combined investigation team (“Team”). Each police officer is assigned
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 2
to the Team via this Agreement, and to the DEA through individual
jurisdiction agreements with DEA.
The objective of the VNET shall be to provide enhanced and more efficient
use of personnel, equipment, budgeted funds, and training. The combined
Team or individual detectives shall respond as able and as approved by the
DEA Supervisor when requested by any of the participating agencies. VNET
may be available to outside law enforcement agencies as permitted by laws
relating to mutual aid and as approved by the DEA.
VII.DURATION/TERMINATION
The minimum term of this Agreement shall be one year, effective upon its
adoption. This Agreement shall automatically renew, and VNET shall
automatically continue in existence, for consecutive one year terms without
action of the legislative bodies of the participating jurisdictions, and unless
and until terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in VNET by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective 90 days after service of the notice on all participating members.
The withdrawal of an individual jurisdiction from VNET shall not result in the
termination of VNET.
In the event that VNET withdraws its participation in the DEA Task Force, this
Agreement, and thus VNET, shall remain in effect unless terminated as
provided herein.
VNET may be terminated by a majority vote of the Executive Board or by
action of the legislative bodies of the participating jurisdictions. Any vote for
termination by the Executive Board shall occur only when the police chief of
each participating jurisdiction is present at the meeting in which such vote is
taken.
VIII.TASK FORCE AGREEMENT
Unless VNET is terminated, on an annual basis, each Board member shall
affirm its jurisdiction’s continued participation in VNET for the following year.
Upon affirmation of the participation of each jurisdiction, VNET shall execute
a task force agreement affirming the continuation of agency participation in
VNET, and such task force agreement shall, on an annual basis, be forwarded
to the US Department of Justice, Asset Forfeiture Money Laundering Section.
IX.GOVERNANCE
The affairs of the VNET shall be governed by an Executive Board (“Board,”)
whose members are composed of the police chief, or his/her designee, from
each participating jurisdiction. One member of the Board shall be elected by
the Board to serve as Chair. Each member of the Board shall have an equal
vote on all Board decisions. All Board decisions shall be made by a majority
vote of the Board members, or their designees, appearing at the meeting in
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 3
which the decision is made. A majority of Board members, or their
designees, must be present at each meeting for any action taken to be valid.
The Board shall meet monthly, unless otherwise determined by the Board.
The Chair, or any Board member, may call extra meetings as deemed
appropriate. The Chair shall provide no less than 48 hours’ notice of all
meetings to all members of the Board; PROVIDED, that in emergency
situations, the Chair may conduct a telephonic meeting or a poll of individual
Board members to resolve any issues related to such emergency.
X.PERSONNEL
The following personnel shall serve at the pleasure of the Board. Personnel
may be removed for any reason by majority vote of the Board.
Team Supervisor: A Team Supervisor with the rank of sergeant or equivalent
from his/her respective jurisdiction shall be appointed by the Board. The
Team Supervisor shall act as the first level supervisor for the team and shall
report directly to the VNET Chair.
Office Manager: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is
responsible for unit accounting, reports, office support, and other duties as
appropriate.
VNET Detectives: Each jurisdiction shall contribute one full-time
commissioned officer to perform investigation work for the Team.
Attorney: While King County is not a participating jurisdiction, King County
will provide an attorney who shall be a de-facto member of the Team. The
King County Prosecutor's Office shall select and interview candidates and
make a recommendation to the Executive Board. The Executive Board will
make the selection after considering the recommendation. The attorney will
be responsible for reviewing and filing cases, wire orders, search warrants,
the prosecution of forfeiture cases, and other prosecutorial services as
needed.
Employees of Contributing Jurisdictions: The personnel assigned to the Team
shall be considered an employee of the contributing jurisdiction. That
jurisdiction shall be solely and exclusively responsible for the compensation
and benefits for that employee. All rights, duties, and obligations of the
employer and the employee shall remain with that individual jurisdiction and
none of the rights, duties, and obligation of the employing jurisdiction shall
shift to VNET or any other participating jurisdiction. Each jurisdiction shall be
responsible for ensuring compliance with all applicable laws with regard to
employees, and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations of the employing
jurisdiction.
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 4
XI.EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall provide the equipment of its participating
VNET personnel. Each jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating VNET personnel. Each jurisdiction shall provide sufficient funds
to provide for the training of its participating VNET personnel.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in VNET shall be equal to those provided by the other
participating jurisdictions.
The Board shall be responsible for purchasing VNET-owned equipment.
Equipment purchased using VNET funds or forfeited property deemed owned
by VNET shall remain the property of VNET unless the Board transfers it to a
participating jurisdiction. The Board will ensure a record of the transaction is
maintained. The Board must approve any joint capital expenditure for VNET
equipment of $1,500.00 or more. Approval for capital expenditures of less
than $1,500.00 may be authorized by the VNET Chair.
XII.FINANCIAL REQUIREMENTS
VNET utilizes a Fiscal Agent for all account transactions and accounting. One
of the participating jurisdictions will provide the services of the Fiscal Agent
as approved by the Board.
The VNET operating budget relies primarily on three funding sources: State
and Federal Grants, VNET assets forfeited at the state and federal levels, and
funds provided by the participating jurisdictions.
Federal Grant funds are administered by the state and follow the state
budget cycle of July 1 through June 30 of the following year. VNET shall
request monthly reimbursements of expenses until the awarded amount is
exhausted. Once the Federal Grant has been exhausted, forfeited assets will
be used to pay expenses for the remainder of the budget cycle.
VNET shall prepare a budget each year that estimates the grant funds
available, and each participating jurisdiction shall provide VNET with the
annual cost to assign an officer and other approved personnel to the unit. A
jurisdiction’s annual contribution is then divided by 12 and credited towards
the monthly salary and benefits of the jurisdiction’s participating personnel.
All other expenses are paid for by VNET utilizing either Grant funds or
forfeited assets. The Board shall agree upon a date each year by which time
it will notify the participating jurisdictions of each jurisdictions’ expected
contribution.
The DEA contribution to VNET includes providing office space, storage space,
parking, and phone service at no cost to VNET jurisdictions.
XIII.DISTRIBUTION OF SEIZURE FUNDS
The VNET Board provides oversight of seized and forfeited assets via the
Fiscal Agent. Forfeited assets may be distributed to participating agencies
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 5
when deemed appropriate by the Board. The Board will endeavor to maintain
adequate financial resources to fund ongoing operations of the VNET.
XIV.DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of VNET, each participating jurisdiction shall retain sole
ownership of the equipment purchased and provided for its participating
VNET personnel.
Any VNET assets shall be equally divided among the participating jurisdictions
at the asset's fair market value upon termination. The value of the assets of
VNET shall be determined by using commonly accepted methods of valuation.
If two or more participating jurisdictions desire an asset, the final decision
shall be made by arbitration (described below). Any property not claimed
shall be declared surplus by the Board and disposed of pursuant to state law
for the disposition of surplus property. Proceeds from the sale or disposition
of any VNET property, shall, after payment of any and all costs of sale or
debts of the jurisdiction, be equally distributed to those jurisdictions
participating in VNET at the time of termination. In the event that one or
more jurisdictions terminate their participation in VNET, but VNET continues
to exist, the jurisdiction terminating participation shall be deemed to have
waived any right or title to any property owned by VNET or to share in the
proceeds at the time of termination.
Arbitration pursuant to this section shall occur as follows:
a.The jurisdictions interested in an asset shall select an Arbitrator to
determine which jurisdiction will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the
jurisdictions participating in VNET upon termination shall meet to
determine who the Arbitrator will be. The Arbitrator may be any
person not employed by the jurisdictions that desire the property.
b.During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written
presentation to the Arbitrator in support of its position.
c.At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or
review.
XV.LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of VNET
without the threat of being subject to liability to one another, and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected
with VNET actions that are brought against the jurisdictions. To this end, the
participating jurisdictions agree to equally share responsibility and liability for
the acts omissions of their participating personnel when acting in furtherance
of this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 6
costs, regardless of which jurisdiction or employee the action is taken against
or which jurisdiction or employee is ultimately responsible for the conduct.
The jurisdictions shall share equally regardless of the number of jurisdictions
named in the lawsuit or claim or the number of officers from each jurisdiction
named in the lawsuit or claim. This section shall be subject to the conditions
and limitations set forth in subsections A through G below.
A.Jurisdiction Not Involved in VNET Response.In the event a jurisdiction
or its personnel were not involved in VNET response to the incident
that gives rise to a claim or lawsuit, and judgment on the claim or
lawsuit does not, in any manner, implicate the acts of a particular
jurisdiction or its personnel, such jurisdiction shall not be required to
share responsibility for the payment of the judgment or award.
B.Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require
indemnification or sharing in the payment of any judgment against any
VNET personnel for intentionally wrongful conduct that is outside of the
scope of employment of any individual or for any judgment of punitive
damages against any individual or jurisdiction. Payment of any award
for punitive damages shall be the sole responsibility of the jurisdiction
that employs the person against whom such award is rendered.
C.Collective Representation and Defense. The jurisdictions may retain
joint legal counsel to collectively represent and defend the jurisdictions
in any legal action. Those jurisdictions retaining joint counsel shall
share equally the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorney fees accrued by
its individual representation or defense.
Each jurisdiction and its respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested,
and making VNET members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D.Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee
from a lawsuit by summary judgment, qualified immunity, or
otherwise, the jurisdiction shall nonetheless be required to pay its
equal share of any award for or settlement of the lawsuit; PROVIDED,
however, that in the event a jurisdiction or employee is removed from
the lawsuit and Subsection A of this section is satisfied, the jurisdiction
shall not be required to pay any share of the award or settlement.
E.Settlement Process. It is the intent of this Agreement that the
jurisdictions act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that,
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 7
whenever possible, all parties agree with the settlement or, in the
alternative, agree to proceed to trial. In the event a claim or lawsuit
requires the sharing of liability, no individual jurisdiction shall be
authorized to enter into a settlement agreement with a claimant or
plaintiff unless all jurisdictions agree with the terms of the settlement.
Any settlement made by an individual jurisdiction without the
agreement of the remaining jurisdictions, when required, shall not
relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F.No Waiver of Title 51 RCW . This section shall not be interpreted to
waive any defense arising out of Title 51 RCW.
G.Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shall not
relieve any individual jurisdiction from its obligations under this
Agreement.
XVI.NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of their conduct in support
of VNET operations, the jurisdiction shall promptly notify the other
jurisdictions that the claim or lawsuit has been initiated. Any documentation,
including the claim or legal complaints, shall promptly be provided to each
participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
Section XV of this Agreement, to be defended and held harmless by another
participating jurisdiction, the jurisdiction having the right to be defended and
held harmless shall promptly tender the defense of such claim or lawsuit to
the jurisdiction that must defend and hold the other harmless.
XVII.PROCESSING OF CLAIMS
A.Designation of Lead Jurisdiction
There shall be a lead jurisdiction for processing a claim that is filed
with and against cities for alleged damages and injuries that occur as a
result of VNET activities. The lead jurisdiction shall be the jurisdiction
within which the action subject to the claim occurred; PROVIDED, that
in the event the jurisdiction within which the action subject to the
claim occurred did not participate in the action subject to the claim,
the lead jurisdiction shall be the jurisdiction within which the VNET
investigation or response originated. In the event that a jurisdiction
that was not involved in the action subject to the claim receives the
claim, that jurisdiction shall notify the other jurisdictions in accordance
with Section XVI of this Agreement, and shall use its best efforts to
determine who the appropriate lead jurisdiction is.
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 8
B.Assistance of VNET Supervisor
The Team Supervisor shall assist the lead jurisdiction in responding to
a claim. The Team Supervisor shall be responsible for gathering all
records relating to claim. These records shall include, but are not
limited to, incident reports, notes, transcripts, photos, evidence logs,
recorded statements, documents from emergency dispatch centers,
and warrants from all jurisdictions that participated in the action
subject to the claim. The Team Supervisor shall also provide a list of
personnel who participated in the action subject to the claim and their
contact information. The Team Supervisor shall deliver all copies of
the records to the lead jurisdiction promptly upon request.
C.Claims of $5,000 or Less
i.Lead Jurisdiction Responsibilities
The lead jurisdiction shall be responsible for working with the Team
Supervisor to gather records relating to the action subject to the claim.
The lead jurisdiction shall provide records to its insurance provider and
shall assist its insurance provider in assessing liability for acts
associated with the claim. The lead jurisdiction shall notify the other
jurisdictions of any determinations as to liability. In determining
whether a claim should be paid, the lead jurisdiction and its insurance
provider shall, at a minimum, consider the potential legal defenses to
the claim and the costs of defending the claim.
ii.Liability Determination – Apportionment of Damages
The lead jurisdiction, with the assistance of its insurance provider, shall
determine whether VNET is liable for damages set forth in a claim, and
whether the payment of the claim would be in the best interest of the
jurisdictions and/or VNET. In the event the lead jurisdiction
determines that payment of a claim of $5,000 or less is appropriate,
such determination shall be final and binding upon other jurisdictions
and payment shall be apportioned equally among all jurisdictions that
participated in the action subject to the claim. The insurance provider
for the lead jurisdiction shall provide full payment to the claimant, and
each jurisdiction that participated in the VNET action that is the subject
of the claim shall reimburse the insurance provider for its equal share
of such payment.
Prior to the payment of any claim, and as a condition of such payment,
the insurance provider providing payment shall obtain from the
claimant a complete and total release of liability on behalf of all
jurisdictions participating in VNET and each and every officer, agent, or
volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that VNET is not liable for
damages set forth in a claim or that the payment of the claim would
not be in the best interest of the jurisdictions and/or the VNET, the
lead jurisdiction shall notify the other jurisdictions of the
determination, and such determination shall be binding on the other
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 9
jurisdictions; PROVIDED, another jurisdiction that determines that
payment is appropriate may pay such claim in full, and shall not seek
reimbursement from the other participating jurisdictions.
iii.Letter From Insurance Adjusters
In the event the lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim of $5,000 or less is
appropriate, the insurance provider shall provide each of the
participating jurisdictions with a letter stating the determination and
the bases for such determination.
D.Claims over $5,000
i.Lead Jurisdiction Responsibilities
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in VNET to discuss a claim over $5,000 and to determine
the appropriate manner in which to respond and/or defend the claim.
The Board and persons listed in Section XIX of this Agreement shall be
notified of the meeting.
XVIII.PROCESSING OF LAWSUITS
A.Notification to Other Jurisdictions
In the event a jurisdiction is served with a lawsuit, that jurisdiction
shall provide notice and documentation of the lawsuit to each of the
other jurisdictions listed in Section XIX of this Agreement.
B.Coordination of Initial Meeting
The jurisdiction that initially receives a lawsuit shall schedule a meeting
or otherwise communicate with all of the jurisdictions participating in
VNET to discuss the lawsuit and to determine the appropriate manner
in which to respond to and/or defend the lawsuit. The Board and
persons listed in Section XX of this Agreement shall be notified of the
meeting or other communication.
XIX. NOTIFICATION OF CLAIMS AND LAWSUITS
Section XVI of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in
this Agreement shall be deemed a waiver by any participating jurisdictions of
the requirements set forth in Chapter 4.96 RCW, and the fact that a
participating jurisdiction provides notice or copies of a claim to another
jurisdiction shall not constitute a waiver of the requirement that a party who
files suit against a jurisdiction first file a claim with the jurisdiction in
accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement
shall be deemed acceptance of service of a lawsuit, and the fact that a
participating jurisdiction provides notice or copies of a lawsuit to another
jurisdiction shall not be deemed adequate service of such lawsuit.
For the purposes of implementing Section XVI of this Agreement, the
following persons from each jurisdiction shall receive any required notification
or documentation:
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 10
City of Auburn
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
253-931-3030
Auburn Police Chief
101 N. Division
Auburn, WA 98001
253-931-3080
Auburn Human Resources
Director/Risk Manager
25 West Main Street
Auburn, WA 98001
253-931-3040
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
253-931-3039
City of Kent
Kent City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
Kent Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-856-5888
Kent Risk Manager
220 Fourth Avenue South
Kent, WA 98032
253-856-5285
Kent City Clerk
220 Fourth Avenue South
Kent, WA 98032
253-856-5728
City of Federal Way
Federal Way City Clerk
P.O. Box 9718
Federal Way, WA 98063
Federal Way City Attorney
P.O. Box 9718
Federal Way, WA 98063
City of Renton
Renton Risk Manager
1055 S. Grady Way
Renton, WA 98057
Port of Seattle
Port of Seattle Claims Manager
P.O. Box 1209
Seattle, WA 98111
CIAW
Director of Claims
Canfield & Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 11
City of Tukwila
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98043
WCIA
Claims Manager
WCIA
P.O. Box 1165
Renton, WA 98057
City of Seattle
City Clerk
Seattle City Council
600 4th Avenue #3
Seattle, WA 98104
City of Seattle
Seattle Police Chief
610 5th Avenue
Seattle, WA 98124-4986
City of Seattle
XX.COMPLIANCE WITH THE LAW
VNET and all its members shall comply with all federal, state, and local laws
that apply to VNET.
XXI.ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all
participating agencies and such alteration, amendment or modification shall
be effective when reduced to writing and executed in a manner provided for
by this Agreement.
It is recognized that during the course of operations, it may become
necessary to alter the terms of this Agreement to provide for efficient
operation of VNET and to meet the goals of VNET. It is further recognized
that the Board has the expertise necessary to provide for the efficient
operation of VNET. To that end, the jurisdictions agree that changes may be
made to this Agreement, or addendums added to this Agreement, without
prior approval of the legislative bodies of the jurisdictions on the condition
that such changes or addendums shall be effective only by a unanimous vote
of all members of the Board.
XXII.RECORDS
Each jurisdiction shall maintain records relating to work performed by its
employees assigned to VNET when working on non-DEA operations. The
VNET Office Manager shall maintain records relating to the operation of VNET
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 12
to the extent required by law. All records shall be available for full inspection
and copying by each participating jurisdiction.
XXIII. FILING
Upon execution of this Agreement, this Agreement shall be filed with the
County auditor or, alternatively, listed by subject on the jurisdiction’s web
site or other electronically retrievable public source.
XXIV. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be
invalid by any court of competent jurisdiction, such adjudication shall not
affect the validity of any remaining section, part, or provision of this
Agreement.
XVV. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction
by its duly authorized representative and pursuant to an appropriate
resolution or ordinance of the governing body of each participating
jurisdiction. This Agreement shall be deemed effective as to each jurisdiction
upon execution by the authorized representative of that jurisdiction. This
Agreement may be executed by counterparts and be valid as if each
authorized representative had signed one original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of
this Agreement.
City of Auburn
Print Name:
Its:Mayor
Date:
City of Auburn
Print Name:
Its:City Clerk
Date:
City of Auburn
Print Name:
Its:City Attorney
Date:
City of Kent
Print Name:
Its:Mayor
Date:
City of Kent
Print Name:
Its:City Clerk
Date:
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 13
City of Kent
Print Name:
Its:City Attorney
Date:
City of Federal Way
Print Name:
Its:City Manager
Date:
City of Federal Way
Print Name:
Its:City Clerk
Date:
City of Federal Way
Print Name:
Its:City Attorney
Date:
City of Renton
Print Name:
Its:Mayor
Date:
City of Renton
Print Name:
Its:City Clerk
Date:
City of Renton
Print Name:
Its:City Attorney
Date:
City of Tukwila
Print Name:
Its:Mayor
Date:
City of Tukwila
Print Name:
Its:City Clerk
Date:
City of Tukwila
Print Name:
Its:City Attorney
Date:
AGENDA ITEM #2. a)
Valley Narcotics Enforcement Team Interlocal Agreement - 14
Port of Seattle
Print Name:
Its:Chief Executive
Date:
Port of Seattle
Print Name:
Its:Attorney for Port of Seattle
Date:
City of Seattle
Print Name:
Its:
Date:
City of Seattle
Print Name:
Its:
Date:
P:\Civil\Files\Open Files\0770-VNETInterlocal\2016 VNET ILA Clean September 20 2016.doc
AGENDA ITEM #2. a)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE
AGREEMENT WITH THE CITIES OF AUBURN, FEDERAL WAY, KENT, SEATTLE AND
TUKWILA, AND THE PORT OF SEATTLE, FOR THE VALLEY NARCOTICS
ENFORCEMENT TEAM.
WHEREAS, political subdivisions of the state are authorized by the Interlocal
Cooperation Act, RCW 39.34, to enter into interlocal agreements; and
WHEREAS, RCW 10.93, the Mutual Aid Peace Officers Powers Act, and RCW 53.08,
Powers, allow for the provision of mutual aid by and between law enforcement agencies; and
WHEREAS, municipalities within the Puget Sound area have experienced an increase in
urbanization and population densities; and
WHEREAS, the ability to address crimes associated with controlled substances may
stretch the resources of individual police department specialty units; and
WHEREAS, multi‐jurisdictional efforts to handle specific and complicated narcotic
investigations result in more effective pooling of personnel funds, equipment, training, and
expertise; and
WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Seattle and Tukwila, and the
Port of Seattle have formed a multi‐jurisdictional team, known as the Valley Narcotics
Enforcement Team (hereinafter “VNET”) to handle specific and complicated narcotic
investigations; and
WHEREAS, the multi‐jurisdictional effort known as VNET has improved services for the
citizens of all participating jurisdictions, increased safety for officers and the community, and
provided improved cost effectiveness; and
AGENDA ITEM #2. a)
RESOLUTION NO. _______
2
WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Seattle and Tukwila, and the
Port of Seattle desire to continue the team enforcement through VNET; and
WHEREAS, it is necessary to document the terms and conditions under which VNET will
operate;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal cooperative agreement with cities of Auburn, Federal Way, Kent, Renton, Seattle and
Tukwila, and the Port of Seattle to establish and maintain VNET.
PASSED BY THE CITY COUNCIL this ________ day of ____________________, 2016.
_______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ________ day of ____________________, 2016.
_______________________________
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1719:11/8/16:scr
AGENDA ITEM #2. a)
AB - 1798
City Council Regular Meeting - 14 Nov 2016
SUBJECT/TITLE: Amending the Renton Municipal Code regarding Pawnbrokers to add
a No Buy From list
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Jeff Eddy, Police Commander
EXT.: 7512
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
BACKGROUND/ISSUE: The City of Renton has experienced a jump in property crimes in recent years. Much of
that property is showing up in our local pawn stores. Local jurisdictions contribute to a State-wide "No Buy
From" list which people are added to after being convicted of qualifying crimes as defined under RCW
19.60.066 (3). The City of Renton does not currently contribute to this list, nor do they require local pawn
shops to check this list to see if a seller is active on it. The "No Buy From" list is maintained by local law
enforcement agencies and is available to all pawn shops free of charge.
With the addition of a "No Buy From" list to Renton Municipal Code 6-17, pawn shop owners would be
required to check the list prior to entering into an agreement with a seller. This amendment would require
that pawn shop owners not conduct business with a seller who is active on the list, and addresses judicial
ramifications if the pawn shop owner violates this provision.
EXHIBITS:
A. Draft Ordinance
STAFF RECOMMENDATION:
Approve the recommended amendment to Renton Municipal Code 6-17
AGENDA ITEM #3. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 6‐17‐1, 6‐17‐2, 6‐17‐5, 6‐17‐6 AND 6‐17‐7, OF CHAPTER 17,
PAWNBROKERS, OF TITLE VI (POLICE REGULATIONS) OF THE RENTON
MUNICIPAL CODE, ADDING A DEFINITION OF “TRANSACTION,” AND ADDING
AND AMENDING REGULATIONS RELATING TO PAWNBROKER RECORDS,
PROHIBITED TRANSACTIONS, AND PENALTIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 6‐17‐1, Definitions, of Chapter 17, Pawnbrokers, of Title VI (Police
Regulations) of the Renton Municipal Code, is amended to add a new definition of
“Transaction,” in alphabetical order, to read as follows:
TRANSACTION: Any pledge, pawn, or exchange of goods, wares, or merchandise,
or any kind of personal property whatever, for the repayment or security of any
money loaned thereon or to loan money on deposit of personal property.
SECTION II. Section 6‐17‐2, Every Pawnbroker Must Keep Records, of Chapter 17,
Pawnbrokers, of Title VI (Police Regulations) of the Renton Municipal Code, is amended as
follows:
6‐17‐2 EVERY PAWNBROKER MUST KEEP RECORDS:
A. It shall be the duty of every pawnbroker to maintain at his place of
business a bound book or record (but not a loose leaf record book) in which shall
be legibly written, in ink, in the English language, at the time of such loan,
exchange, purchase or sale, a record thereof containing, among others, the
following information:
AGENDA ITEM #3. a)
ORDINANCE NO. ________
2
1. The date of the transaction.
2. The name of the business or and, clerk, agent, or employee
conducting the same.
3. The name, date of birth, street and house number, and the general
description of the person with whom the transaction is held. The description
shall include the sex, race, complexion, eye color, height, and weight.
4. A copy of a government issued picture identification.
5. The name and street and house number of the owner of the property
bought or received in pledge.
5.6. The street and house number of the place from which the property
bought or received in pledge was last removed.
6.7. A description of the property bought or received in pledge, including
all serial numbers and identifying markings, which, in the case of watches, shall
contain the name of the maker and the number of both the works and the case,
and in case of jewelry shall contain a description of all letters and marks
inscribed thereon.
a. Any item with a unique serial number (including, but not limited to,
gift cards, electronics, power tools, as well as jewelry and watches) shall be
identified and described on a separate line, resulting in one (1) item per line.
There shall not be more than one (1) item per line.
AGENDA ITEM #3. a)
ORDINANCE NO. ________
3
b. Three (3) or more of the same or similar products without unique
serial numbers, whether or not still new in the box, shall be identified as
separate items.
7.8. The price paid or the amount loaned.
8.9. The number of any pawn tickets issued therefor.
10. The names and street and house numbers of all persons witnessing
the transaction. Post office addresses are not acceptable.
11. The printed name and signature of the pawnbroker, his/her clerk,
agent, or employee who conducted the recorded transaction.
B. Every pawnbroker, or his/her clerk, agent or employee who conducts a
transaction shall verify the accuracy of the name and identification provided by
the person with whom each transaction is had.
B.C. It shall be unlawful for any pawnbroker and every clerk, agent or
employee of such pawnbroker to fail, neglect or refuse to make entry in any
material matter in his record, as required by this Section, or to make any false
entry therein, or to obliterate, destroy or remove from his place of business such
record.
C.D. Anyone who pledges, sells or consigns any property to or within a
pawnshop or pawnbroker as hereinabove defined, shall sign the record required
to be kept by such dealer with his true name and shall include his correct
residence address, and every pawnbroker, clerk, agent or employee of any
pawnbroker shall require proper and adequate identification of such person. The
AGENDA ITEM #3. a)
ORDINANCE NO. ________
4
identification shall include the name of the person, birthdate, sex, race and
address of the person who pledges, sells, trades, or consigns the property. The
signature shall be verified for correctness and legibility by the pawnbroker, clerk,
agent or employee.
SECTION III. Sections 6‐17‐5, Goods Not to Be Removed from Pawnshops, 6‐17‐6,
Pawnshops to be Closed During Certain Hours, and 6‐17‐7, Pawnshop Property Hearings, of
Chapter 17, Pawnbrokers, of Title VI (Police Regulations) of the Renton Municipal Code, are
amended as follows:
6‐17‐5 GOODS NOT TO BE REMOVED FROM PAWNSHOPS:
A. It shall be unlawful for any pawnbroker to remove any goods, articles or
things purchased by him, or left with him in pledge, from his store or place of
business until the expiration of thirty (30) days after the same were purchased,
received or left in pawn, unless the said goods, articles or things have within the
time specified, been inspected and approved for release by the Police
Department, which such approval shall be in writing.
B.6‐17‐6 TRANSACTIONS PROHIBITED:
A. It shall be unlawful for any pawnbroker, his clerk, agent, or employee, to
receive in pledge, or purchase, any article or thing from any person under
eighteen (18) years of age, or from any person who is at the time intoxicated, or
from any habitual drunkard, or from any person addicted to the use of narcotic
drugs, or from any person who is known to be a thief, or a receiver of stolen
goods, or from any person whom he has reason to suspect or believe to be such.
AGENDA ITEM #3. a)
ORDINANCE NO. ________
5
Notification by the Police Department to the licensee, clerk, agent or employee
that a person has been convicted of burglary, larceny, receiving stolen goods or
similar crime shall constitute sufficient notice of said conviction under the
provisions of this Chapter and shall constitute prima facie evidence that such
licensee, clerk, agent or employee had knowledge of such conviction.
1. Any pawnbroker, his/her clerk, agent, or employee conducting a
transaction shall, before completing such transaction, determine whether the
person pledging, pawning, selling, or exchanging property is a person from
whom receipt of property is prohibited under RMC 6‐17‐6.A, above. To make
such determination, said pawnbroker, clerk, agent, or employee shall consult
Renton Police Department’s “Do Not Buy From” list. The Chief of Police is
authorized to designate an on‐line web based service, such as LeadsOnline, to
identify individuals from whom pledge, pawn, purchase, or exchange of property
is prohibited and adopt that as the Police Department’s “Do Not Buy From” list.
The online web based service must require users to have passwords unique to
each user.
The listing of an individual on the Police Department’s “Do Not Buy From” list
shall constitute notice to any pawnbroker, clerk, agent, or employee that a
person has been convicted of burglary, larceny, receiving stolen goods or similar
crime and shall constitute prima facie evidence that such pawnbroker, clerk,
agent, or employee had knowledge of such conviction.
AGENDA ITEM #3. a)
ORDINANCE NO. ________
6
2. The use of the unique password that is registered with LeadsOnline
(or other online web based service, if such service is approved by the Chief of
Police) by the pawnbroker, his/her agent, clerk, or employee who conducted the
recorded transaction shall constitute compliance with RMC 6‐17‐2.A.11, above.
a. Reliance on this subsection to comply with the requirements of
this Section shall constitute conclusive evidence that the password was used by
the individual to whom that password is registered.
b. It shall be a violation of this Section for any person to use a
password that is not registered to said person.
c. It shall be a violation of this Section for any person to allow
(whether it be intentionally, recklessly, or negligently) the use of his or her
password by anyone other than the registered user of the password.
d. It shall be a violation of this Section to allow any person to use a
password other than the password that is registered to said person.
e. It shall be a violation of this Section for a pawnbroker to fail to
ensure that his/her employees, agents, or clerks are using only the password
that has been registered to that employee, agent, or clerk.
3. The fact of loaning money upon or purchasing goods from any of the
classes of persons enumerated in this Section, after consulting the Renton Police
Department’s “Do Not Buy From” list, shall be prima facie evidence of an intent
to violate this Chapter.
AGENDA ITEM #3. a)
ORDINANCE NO. ________
7
B. A pawnbroker, his/her clerk, agent, or employee shall not take for pledge
or sale two (2) or more of the same or similar item, whether or not the item is
“new in the box”, by the same person, in the same day, without a sales receipt as
proof of purchase.
C. A pawnbroker shall ensure that his/her clerks, agents, or employees who
accept goods for pawn, pledge, exchange, or purchase are complying with the
provisions of this Chapter, RMC 6‐17. A failure to comply with this subsection
shall be a misdemeanor, whether or not the clerk, agent, or employee is charged
for a violation of any provision in this Chapter.
C. The fact of loaning money upon or purchasing goods from any of the
classes of persons enumerated in this Section shall be prima facie evidence of an
intent to and on the part of such pawnbroker, his agent or employee, to violate
this Chapter.
6‐17‐6 7 PAWNSHOPS TO BE CLOSED DURING CERTAIN HOURS:
It shall be unlawful for any pawnbroker to conduct or carry on the business
of pawnbroker, in whole or in part, directly or indirectly, or to open, or keep
open, his pawnshop for the transaction of any business whatsoever therein,
between the hours of nine o’clock (9:00) P.M. and seven o’clock (7:00) A.M.,
except from December 15 to December 25 of each year, and on Saturdays, when
pawnbrokers may remain open until, but not later than ten o’clock (10:00) P.M.
AGENDA ITEM #3. a)
ORDINANCE NO. ________
8
6‐17‐8 PENALTIES:
A violation of any provision of this Chapter (RMC 6‐17), or failure to perform
any act required in this Chapter, shall be a misdemeanor.
6‐17‐7 9 PAWNSHOP PROPERTY HEARINGS:
A. The Police Department may seize property held by a pawnshop if they
have a reasonable belief that:
1. The property is the subject of a theft or other crime by which it has
been criminally obtained, or
2. The lawful owner has claimed the property.
B. If the pawnshop notifies the Police Department, in writing, of its claim of
ownership or right to possession of items seized within thirty (30) days of the
hold being placed, the pawnshop shall be afforded a reasonable opportunity to
be heard as to the claim or right. The hearing shall be before the Chief of Police
or his designee. The burden of producing evidence shall be upon the pawnshop
to prove that the claim of the rightful or purported lawful owner is invalid or
lesser than or subordinate to that of the pawnshop.
C. If the pawnshop doesn’t notify the Police Department, in writing, of its
claim of ownership or right to possession of the property within thirty (30) days
of notice of the hold, the proprietary interest of the pawnshop in the item shall
be deemed forfeited.
AGENDA ITEM #3. a)
ORDINANCE NO. ________
9
D. When the Police Department places a hold on pawnshop property at the
request of another law enforcement agency, the claim of the pawnshop shall be
with that outside agency and no hearing will be held under this Section.
E. The pawnshop requesting the hearing shall be required to pay a filing fee
of fifty dollars ($50.00) prior to the date of the hearing. This amount shall be
refunded if the Chief of Police or his designee finds in favor of the pawnshop.
SECTION IV. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1941:11/8/16:scr
AGENDA ITEM #3. a)
firsiCash®tashAmertcaLISAD.MARESAssistantGeneralCounselDirectDial:817258.2610lisa.mares@flrstcash.comNovember14,2016CouncilPresidentRandyCormanCityofRenton,PositionNumberI1055S.GradyWayRenton,WA98057VIAE-MAIL(Hardcopytofollow)RE:ProposedOrdinanceAB179$—“DoNotBuyFrom”ListDearMayorLawandRentonCityCouncilmembers:IrepresentfirstCash,Inc.,parentcompanyofCashAmericaWest,Inc.d/b/aCashAmericaPawn(“FirstCash”)regardingregulatoryandcompliancematters.FirstCashisconcernedabouttheimpactAB179$wouldhave,ifadopted,onpawnbrokers,lawenforcementandyourcommunity.Inthisregard,Iwouldliketosubmitthesecommentsregardingtheproposedordinancethatseekstoamendportionsof“Pawnbrokers”oftheRentonMunicipalCodeandeducateCitystaffandelectedofficialsregardingthelong-standingeffortsofFirstCashtoworkwithlawenforcementandlocalcommunitiestofacilitatetherecoveryoflostorstolenitems.Ifpassed,thedraftordinancewould:(1)createthefalseimpressionthatalocal“DoNotBuyFrom”listwillreducepropertycrime;(2)underminelawenforcementeffortsbymakingitmoredifficulttoidentifyandlocatelostorstolenproperty;and(3)violateconstitutionalandfederallawbyrequiringdiscriminationagainstanindividualbasedonapastcriminalconviction.Theproposedordinanceisalsounnecessarybecausestatelawalreadyregulatesrecordkeepingandreportingrequirements,aswellasauthorizesa“DoNotBuyfrom”list.StateLawAlreadyImposesReportingRequirementsonPawnbrokersStatelawrequiresapawnbrokerorsecond-handdealertomaintainrecordsabouteachtransactioninwhichtheyengage,includingtheidentificationoftheotherpartytoatransactionandadetaileddescriptionofthepropertyinvolved.Wash.Rev.Code§19.60.020.Inaddition,theWashingtonCriminalCodemakesitacrimetopossessstolenproperty.WashRev.Code§9A.560.140.Therefore,statelawalreadyprohibitsapawnbrokerfromacceptingstolenproperty.FirstCashinveststimeandresourcestotrainemployeeshowtolookforsuspiciousactivity,identifylostorstolenpropertytominimizethechancethatanemployeeacceptsstolenproperty.Inthefewinstanceswhereanemployeeunknowinglyacceptsastolenitem,managementistrainedtoassistlawenforcementduringacriminalinvestigation.Theseeffortsaremeantinparttoavoidadministrativeorcriminalsanctions,aswellasminimizetheforfeitureofretailgoods—eachofwhicharecostly.ButFirstCash,Inc.1600West7thStreet,FortWorth,Texas76102817-335-1100AGENDA ITEM #3. b)
MayorLawandRentonCityCouncilNovember14,2016Page2moreimportantlytheseeffortshelpreunitevictimswithstolenitems,someofwhichareirreplaceableorholdimmensesentimentalvalue.ThisiswhyfirstCashknowsthatthepriceofitseffortstorecoverlostorstolenitemsisimmeasutable.TheDraftOrdinanceUnderminesLawEnforcementEffortsItwouldalsoliketodispelthemyththatpawnbrokersknowinglypurchasestolengoods.Thevastmajorityofitemsreceivedbypawnbrokersarenotstolen.AccordingtodatacollectedbyFirstCash,outofevery1,000itemsreceivedbyourpawnshops,fewerthantwoitemsareplacedonapolicehold,andevenfewerareseizedasastolenitem.Thisunderscoresoursuccessfuleffortstotrainemployeestospotlostorstolenitemsandworkwithlawenforcement.Inaddition,attheendofeachworkday.apawnbrokermustreportallofthepropertyitreceivestoacommercialdatabasecalledLeadsOnline.Thisdatabaseisaccessiblebylawenforcementagenciesfromacrossthenation,whichuseittoidentifyandlocatelostorstolenproperty.Thispracticefacilitatestheprocessoflocatingandreturningalostorstolenitemtoitslawfulowner.Ifapawnbrokerwererequiredtoturnawayaprospectiveseller,itwouldhindertheabilityoflawenforcementtoidentifyandlocatealostorstolenitem.TheDraftOrdinanceViolatesConsumerandConstitutionalRightsTheproposedchangestotheRentonMunicipalCodeimpactspeoplewhohavebeenconvictedofcertaincrimes—specifically,apersonhasbeenconvictedofburglary,larceny,receivingstolengoodsorsimilarcrimes.SeeCityofRenton,AB179$,SectionII.TheCityofSeattledoesnotenforceits“DoNotBuyfrom”listbecauseithaslearnedthatracialminoritiesaredisproportionatelyimpacted.Inaddition,theEqualCreditOpportunityActprohibitscreditorsfromdiscriminatingagainstaconsumerregardinganyaspectofacredittransactiononthebasisofrace,color,religion,nationalorigin,sexormaritalstatus,age,receiptofpublicassistance,ortheexerciseofarightundertheConsumerCreditProtectionAct.Statelawsimilarlyprotectsconsumersfromunfairpractices.SeeWash.Rev.Code§19.86.020.Suchdiscriminationisilladvised.Inshort,existinglawsregulatepawnbrokerrecordkeepingandreportingrequirements.Forthesereasons,IurgeyoutoworkwithuspriortotakingadditionalactiononAB179$.Weareinterestedindiscussingtheseconcernswithyou,yourstaffandotherstakeholders.Pleasecontactmewithanyquestionsorconcerns.Sincerely,isaD.MaresLDM/lkEnclosurescc:LarryWarren,CityAttorneyAnnaM.Alvarado,GeneralCounsel,FirstCash,Inc.AGENDA ITEM #3. b)