HomeMy WebLinkAboutORD 5830 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5830
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 (Pofice
Regulations) of the Renton Municipal Code, is amended to add a new definition of
"Transaction," in alphabetical order, to read as follows:
TRANSACTION: Anv pled�e, pawn, or exchan�e of�oods, wares, or merchandise,
or anv kind of personal propertv whatever, for the repavment or securitv of anv
monev loaned thereon or to loan monev on deaosit of personal propertv.
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:
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ORDINANCE N0. 5830
1. The date of the transaction.
2. The name of the business e�and, clerk, a�ent, 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, eve color, heightt and weight.
4. A copv of a �overnment issued picture identification.
5_The name and street and house number of the owner of the property
bought or received in pledge.
�:6. The street and house number of the place from which the property
bought or received in pledge was last removed.
�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. Anv item with a uniaue serial number (includin�, but not limited to,
�ift cards, electronics, power tools, as well as iewelrv and watches) shall be
identified and described on a separate line, resultin� in one (1) item per line.
There shall not be more than one (1) item per line.
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ORDINANCE N0. 5830
b. Three (3) or more of the same or similar products without uniaue
serial numbers, whether or not still new in the box, shall be identified as
separate items.
�:8. The price paid or the amount loaned.
�9. The number of any pawn tickets issued therefor.
10. The names and street and house numbers of all aersons witnessin�
the transaction. Post office addresses are not acceptable.
11. The printed name and si�nature of the pawnbroker, his/her clerk,
a�ent, or emplovee who conducted the recorded transaction.
B. Everv pawnbroker, or his/her clerk, a�ent or emplovee who conducts a
transaction shall verifv the accuracv of the name and identification provided bv
the person with whom each transaction is had.
�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.
�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
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ORDINANCE N0. 5830
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:
�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.
�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.
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ORDINANCE NO. 5830
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. Anv pawnbroker, his/her clerk, a�ent, or emplovee conducting a
transaction shall, before completin� such transaction, determine whether the
person pled�ing, pawnin�, selling, or exchan�in� property is a person from
whom receipt of propertv is prohibited under RMC 6-17-6.A, above. To make
such determination, said pawnbroker, clerk. a�ent, or emplovee shall consult
Renton Police Department's "Do Not Buv From" list. The Chief of Police is
authorized to desi�nate an on-line web based service, such as LeadsOnline, to
identify individuals from whom pled�e, pawn, purchase, or exchan�e of property
is prohibited and adopt that as the Police Department's "Do Not Buv From" list.
The online web based service must require users to have passwords unique to
each user.
The listin�of an individual on the Police Department's "Do Not Buv From" list
shall constitute notice to anv pawnbroker, clerk, a�ent, or emalovee that a
person has been convicted of bur�larv, larcenv. receivin� stolen �oods or similar
crime and shall constitute arima facie evidence that such pawnbroker. clerk.
a�ent, or emplovee had knowled�e of such conviction.
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ORDINANCE N0. 5830
2. The use of the uniaue password that is re�istered with LeadsOnline
(or other online web based service, if such service is approved bv the Chief of
Policel bv the pawnbroker, his/her a�ent, clerk, or emplovee who conducted the
recorded transaction shall constitute compliance with RMC 6-17-2.A.11, above.
a. Reliance on this subsection to complv with the requirements of
this Section shall constitute conclusive evidence that the aassword was used bv
the individual to whom that password is re�istered.
b. It shall be a violation of this Section for anv person to use a
password that is not re�istered to said person.
c. It shall be a violation of this Section for anv person to allow
(whether it be intentionallv, recklesslv, or ne�li�entiv) the use of his or her
password bv anvone other than the re�istered user of the password.
d. It shall be a violation of this Section to allow anv person to use a
password other than the password that is re�istered to said person.
e. It shall be a violation of this Section for a pawnbroker to fail to
ensure that his/her emplovees, a�ents, or clerks are usin� onlv the password
that has been re�istered to that emplovee, a�ent, or clerk.
3. The fact of loaning monev upon or purchasin� �oods from anv of the
classes of persons enumerated in this Section, after consultin�the Renton Police
Department's "Do Not Buv From" list, shall be prima facie evidence of an intent
to violate this Chapter.
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ORDINANCE NO. 5830
B. A pawnbroker, his/her clerk, a�ent, or emplovee shall not take for pled�e
or sale two (2) or more of the same or similar item, whether or not the item is
"new in the box", bv the same person, in the same dav, without a sales receipt as
proof of purchase.
C. A pawnbroker shall ensure that his/her clerks, a�ents, or emplovees who
accept �oods for pawn. pled�e, exchan�e. or purchase are complvin� with the
provisions of this Chapter, RMC 6-17. A failure to complv with this subsection
shall be a misdemeanor, whether or not the clerk, a�ent. or emplovee is char�ed
for a violation of anv provision in this Chapter.
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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.
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ORDINANCE N0. 5830
6-17-8 PENALTIES:
A violation of anv provision of this Chaater (RMC 6-17), or failure to perform
anv act reauired in this Chaater, shall be a misdemeanor.
6-17-�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.
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ORDINANCE N0. 5830
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 12th day of December , 2016.
� �� �
Jaso�A. �th,�ity Clerk
APPROVED BY THE MAYOR this 12th day of December , 2016.
C
Denis Law, Mayor
Approved as to form:
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,���'�y�F,,,R,ENro'''�,,
Lawrence J. Warren, City Attorney ;�'� +�.��`� '''��,,��G '���
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Date of Publication: December 16 , 2016 (summary) - .� = SE AL = * -
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