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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: 1 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. 2 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 3 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. 4 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. 5 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. 6 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. r' T6.., �-.�+ .,� I.,�.,�..., ..�. ..�4.�r�.... ., ...J� f.-.,.., -, .,� +1.., �1'7T ,.I-.�r.,r �.�., r-,+�,.J i.�, +l,ic C.,r4i.,.+ .-L.-+II L.o „ -, �-...i., ., .i.d.,..n., .,�-, + .J .-+ f l+ I 6,' + I +., ..�.,I�+o n=r�CF1��6-c'r�=rcr-vir�C�iurc-v�r-SrElE�i-pudviivr"v�cCi'�ixgei�c-v��prv�""� +4.'� r'l�-,.,+., 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. 7 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. 8 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: �G�7�(�,� .a�����tu���i�h�,, ,���'�y�F,,,R,ENro'''�,, Lawrence J. Warren, City Attorney ;�'� +�.��`� '''��,,��G '��� =V �, ''. : Date of Publication: December 16 , 2016 (summary) - .� = SE AL = * - w � i �i � � O � i ORD:1941:11/8/16:scr �'.�y�'���'''��,,,,,,,,,,,��`''�� ���.': ,����/��p�RA`ED S�e��`��� 9