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HomeMy WebLinkAboutOrdinance 5627 ORDINANCE NO. 5627 AN ORDINANCE AMENDING CHAPTER 115: PAWNBROKERS OF THE CODE OF FAYETTEVILLE, RENAMING IT TO CHAPTER 115: PAWNBROKERS AND SECONDHAND DEALERS, REQUIRING LICENSURE OF SECONDHAND DEALERS AND REQUIRING ELECTRONIC REPORTING OF CERTAIN ITEMS PURCHASED BY SECONDHAND DEALERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 115: Pawnbrokers of the Code of Fayetteville so that, after amendment, the chapter shall read as presented in Exhibit"A", which is attached hereto and incorporated herein. PASSED and APPROVED this 5th day of November, 2013. APPROVED: ATTEST: By• �,� By: LLIOALD 3 , Mayor SONDftA E. SMITH,may,Qerk/Treasurer ' _� rr ri fI .. .•�;��'t�� ',••���1r()�1117��'• EXHIBIT A CHAPTER 115: PAWNBROKERS AND SECONDHAND DEALERS 115.01 Definitions a "garage sale" or "yard sale," so For the purpose of this chapter,the following definitions long as such sale takes place on shall apply unless the context clearly indicates or residentially zoned property. requires a different meaning. (2) An organization qualified as a section 501(c)(3) tax-exempt (A) Pawnbroker. Any person,firm,or corporation organization by the Internal Revenue whose business or occupation is to take, receive, by Code. way of pledge,pawn,or exchange any goods,wares,or (3) A used motor vehicle dealer. merchandise, or any kind of personal property (4) Auctioneers,auction houses and flea whatsoever. markets. (5) Antique or Used Furniture Dealers. (B) Secondhand Dealer. Any person,partnership, (6) Persons solely conducting sales corporation, limited liability company, or other legal online via internet websites including, entity, whether as a principal, agent or employee but not limited to, Craigslist and thereof, licensed under this Chapter, whose business eBay. includes selling, trading or buying any kind of used property for profit either in person or through the use of automated kiosks. For purposes of this Chapter,"used 115.02 License Requirements property"includes only the following: (A) The business of owning,operating,or conducting a (1) Jewelry, precious metals, precious business defined by §115.01 hereof, as that of a stones, collectible coins, watches, pawnbroker or secondhand dealer, is hereby bracelets, rings, necklaces and declared to be a privilege, and no person shall earrings. own, operate, conduct, or engage in any such (2) Electronics, typewriters, calculators, business unless he has a current license to do so cash registers, copying machines, issued by the city. facsimile machines, computer hardware or software, computers, (B) Licenses as herein provided for shall be issued by computer parts, computer monitors, the finance department and attested by the license computer printers,computer memory officer. The mayor shall have authority to cards, computer storage media, promulgate from time to time any rules and computer hard drives, cellular regulations necessary for the proper administration telephones, televisions, speakers, of this chapter. stereos, stereo components,gaming consoles, any kind of accessories, (C) Application required. cameras,video cameras or any other kind of device that can be used for (1) Any person desiring to engage in any viewing or listening to motion business for which a license is required by this pictures,videos or music. chapter shall file an application for such (3) Tools used to facilitate manual or license with the license officer. The mechanical work. application shall then be referred to the chief (4) Musical instruments, including all of police of the city, who shall make a written devices or contrivances designed to recommendation to the mayor. produce musical tones or sounds. (5) Compact discs (CDs), digital video (2) It shall be unlawful for any person to make any discs (DVDs), blu-ray discs, video false statement or representation in any game discs, video game cartridges, application or give any false statement or and any other device that can be representation in any application or give any used in or attached to a gaming false answer to any question contained console or computer to play games. therein. (6) Sporting equipment of any type needed for use in any sporting (D) The annual license fee shall be$75.00. activity. (E) A license applied for under this chapter shall be (C) Notwithstanding subsection(B)of this section, issued by the mayor upon compliance by the the following do not constitute secondhand dealers: applicant with all provisions of this chapter, including payment of the prescribed fee. (1) Persons conducting a private residential sale commonly known as (F) A license issued under this chapter shall not be transferable. or pawned it. (G) Every license issued under this chapter shall expire on the next December 31st following its 115.06-115.98 Reserved issuance. (H) Revocation. 115.99 Penalty Every person, firm, or corporation, or their agents, (1) When any person licensed under this chapter servants, or employees, who shall violate any of the is convicted of a violation of any provision of provisions of this chapter,shall upon conviction thereof, this chapter,the court shall, in addition to the be guilty of a misdemeanor,and shall be fined in a sum penalty imposed for such violation, revoke not less than $10.00 nor more than $50.00, and each such person's license. day's violation shall constitute a separate offense. (2) When any license is revoked under this chapter no new license shall be issued to the same person within one year after such revocation. 115.03 Duty To Maintain Books And Records Every pawnbroker and secondhand dealer shall keep a book or record,which shall be numbered consecutively and will correspond to the pawn ticket or stub issued to the person so pawning,pledging,leaving as security,or selling such article. The book or record shall contain an accurate, detailed description, so as to be readily identified,bearing the serial number,if it has one,of the article so pawned, pledged, left as security,or sold,as well as the make, model, color and size of the article. The book or record shall further contain the date and hour the article was pawned, pledged, left as security, or sold, the name, residence, address, state-issued identification or driver's license number, telephone number, date of birth, and signature of the person so pawning, pledging, leaving such article as security, or selling, the amount of money loaned or advanced on the article,and the date that such is to be redeemed,or the sale amount of the article. The book or record shall at all times be open to inspection by the chief of police, or any police officer of the city. 115.04 Daily Reports Every pawnbroker, pawnshop, or secondhand dealer doing business in the City of Fayetteville, Arkansas, shall be required to upload via internet connection to the entity designated by the Fayetteville Police Department, information detailing all goods pawned, pledged,or left as security or sold with the pawnbroker, pawnshop, or secondhand dealer, within (1) business day of receipt. 115.05 Waiting Period Before Disposition Of Pawned Article Or Article Sold to Secondhand Dealer It shall be unlawful for any pawnbroker,or secondhand dealer to sell, exchange, barter, or remove from his place of business or permit to be sold or redeemed any article pawned, pledged, left as security, or sold for a period of seven(7)days after making such daily report unless the article is redeemed by the person who sold City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/15/2013 City Council Meeting Date Agenda Items Only Chief of Police Greg Tabor Police Police Submitted By Division Department Action Required: Staff seeks council approval to amend Fayetteville City Code Chapter 115, Pawnbrokers, to include secondhand dealers. $0 $ Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 0 Greg Tabor 8/20/2013 Previous Ordinance or Resolution# Zorneyk= Date Original Contract Date: 8Zo— 3`- Original Contract Number: Date Finance and Internal Services Director Date Received in City Eyttrk�e Clerk's Office Cl&f of aff Date Received in EH �Ed Mayor's Office Mayor to Comments: Revised January 15,2009 0 4 � IO�I ��Ij THE CITY OF FAYETTEVILLE,ARKANSAS POLICE DEPARTMENT Tay ❑vtie 100-AFaye West Rock Street G Fayetteville,AR 72701 P(479)587-3555 F(479)587-3522 ARKAS To: Mayor Lioneld Jordan and City Council From: Greg Tabor, Chief of Police Date: Tuesday, August 20, 2013 Re: Pawnbroker and Secondhand Dealer Ordinance Recommendation: Staff seeks council approval to amend Fayetteville City Code Chapter 115, Pawnbrokers, to include secondhand dealers for the purpose of collecting, maintaining and reporting records of purchase. Background and Discussion: The first City of Fayetteville pawnbroker ordinance with a yearly fee was enacted on July 3, 1967. The police department requests the current code, Chapter 115, be amended to include secondhand dealers to assist in the identification and recovery of stolen property. The police department held public meetings to work with merchants on the amendment. The two primary concerns from merchants were the proposed fifteen day holding period for purchased property and the $300 yearly permit fee currently paid by pawnbrokers. The holding period for purchased items has been reduced to seven days, to match state law as it applies to pawnbrokers. The yearly permit fee has been reduced to $75.00. The ordinance amendment was presented to the City of Fayetteville Ordinance Review Committee on Monday, September 25, 2013. After minor revisions, it was determined the amended ordinance should be presented to the full council. Secondhand dealers purchase many of the same items as pawnbrokers, but secondhand dealers have no responsibility to report purchases. The police department does not have any means to locate stolen property that has been sold to local secondhand dealers. Budget Impact: None GT/j f Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 115: PAWNBROKERS OF THE CODE OF FAYETTEVILLE, RENAMING IT TO CHAPTER 115: PAWNBROKERS AND SECONDHAND DEALERS, REQUIRING LICENSURE OF SECONDHAND DEALERS AND REQUIRING ELECTRONIC REPORTING OF CERTAIN ITEMS PURCHASED BY SECONDHAND DEALERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 115: Pawnbrokers of the Code of Fayetteville so that, after amendment, the chapter shall read as presented in Exhibit "A", which is attached hereto and incorporated herein. PASSED and APPROVED this day of 52013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer CHAPTER 115: PAWNBROKERS AND SECONDHAND DEALERS 115.01 Definitions long as such sale takes place on For the purpose of this chapter,the following definitions residentially zoned property. shall apply unless the context clearly indicates or (2) An organization qualified as a requires a different meaning. section 501(c)(3) tax-exempt organization by the Internal Revenue (A) Pawnbroker. Any person,firm, or corporation Code. whose business or occupation is to take, receive, by (3) A used motor vehicle dealer. way of pledge,pawn,or exchange any goods,wares,or (4) Auctioneers,auction houses and flea merchandise, or any kind of personal property markets. whatsoever. (5) Antique or Used Furniture Dealers. (6) Persons solely conducting sales (B) Secondhand Dealer. Any person,partnership, online via internet websites including, corporation, limited liability company, or other legal but not limited to, Craigslist and entity, whether as a principal, agent or employee eBay. thereof, licensed under this Chapter, whose business includes selling, trading or buying any kind of used property for profit. For purposes of this Chapter,"used 115.02 License Requirements property"includes only the following: (A) The business of owning,operating,or conducting a (1) Jewelry, precious metals, precious business defined by §115.01 hereof, as that of a stones, collectible coins, watches, pawnbroker or secondhand dealer, is hereby bracelets, rings, necklaces and declared to be a privilege, and no person shall earrings. own, operate, conduct, or engage in any such (2) Electronics, typewriters, calculators, business unless he has a current license to do so cash registers, copying machines, issued by the city. facsimile machines, computer hardware or software, computers, (B) Licenses as herein provided for shall be issued by computer parts, computer monitors, the finance department and attested by the license computer printers,computer memory officer. The mayor shall have authority to cards, computer storage media, promulgate from time to time any rules and computer hard drives, cellular regulations necessary for the proper administration telephones, televisions, speakers, of this chapter. stereos, stereo components,gaming consoles, any kind of accessories, (C) Application required. cameras,video cameras or any other kind of device that can be used for (1) Any person desiring to engage in any viewing or listening to motion business for which a license is required by this pictures, videos or music. chapter shall file an application for such (3) Tools used to facilitate manual or license with the license officer. The mechanical work. application shall then be referred to the chief (4) Musical instruments, including all of police of the city, who shall make a written devices or contrivances designed to recommendation to the mayor. produce musical tones or sounds. (5) Compact discs (CDs), digital video (2) It shall be unlawful for any person to make any discs (DVDs), blu-ray discs, video false statement or representation in any game discs, video game cartridges, application or give any false statement or and any other device that can be representation in any application or give any used in or attached to a gaming false answer to any question contained console or computer to play games. therein. (6) Sporting equipment of any type needed for use in any sporting (D) The annual license fee shall be$75.00. activity. (E) A license applied for under this chapter shall be (C) Notwithstanding subsection(B)of this section, issued by the mayor upon compliance by the the following do not constitute secondhand dealers: applicant with all provisions of this chapter, including payment of the prescribed fee. (1) Persons conducting a private residential sale commonly known as (F) A license issued under this chapter shall not be a "garage sale" or "yard sale," so transferable. (G) Every license issued under this chapter shall expire on the next December 31st following its 115.06-115.98 Reserved issuance. (H) Revocation. 115.99 Penalty Every person, firm, or corporation, or their agents, (1) When any person licensed under this chapter servants, or employees, who shall violate any of the is convicted of a violation of any provision of provisions of this chapter,shall upon conviction thereof, this chapter,the court shall, in addition to the be guilty of a misdemeanor,and shall be fined in a sum penalty imposed for such violation, revoke not less than $10.00 nor more than $50.00, and each such person's license. day's violation shall constitute a separate offense. (2) When any license is revoked under this chapter no new license shall be issued to the same person within one year after such revocation. 115.03 Duty To Maintain Books And Records Every pawnbroker and secondhand dealer shall keep a book or record,which shall be numbered consecutively and will correspond to the pawn ticket or stub issued to the person so pawning,pledging,leaving as security,or selling such article. The book or record shall contain an accurate, detailed description, so as to be readily identified,bearing the serial number,if it has one,of the article so pawned, pledged, left as security,or sold, as well as the make, model, color and size of the article. The book or record shall further contain the date and hour the article was pawned, pledged, left as security, or sold, the name, residence, address, state-issued identification or driver's license number, telephone number, date of birth, and signature of the person so pawning, pledging, leaving such article as security, or selling, the amount of money loaned or advanced on the article,and the date that such is to be redeemed,or the sale amount of the article. The book or record shall at all times be open to inspection by the chief of police, or any police officer of the city. 115.04 Daily Reports Every pawnbroker, pawnshop, or secondhand dealer doing business in the City of Fayetteville, Arkansas, shall be required to upload via internet connection to the entity designated by the Fayetteville Police Department, information detailing all goods pawned, pledged,or left as security or sold with the pawnbroker, pawnshop, or secondhand dealer, within (1) business day of receipt. 115.05 Waiting Period Before Disposition Of Pawned Article Or Article Sold to Secondhand Dealer It shall be unlawful for any pawnbroker,or secondhand dealer to sell, exchange, barter, or remove from his place of business or permit to be sold or redeemed any article pawned, pledged, left as security, or sold for a period of seven(7)days after making such daily report unless the article is redeemed by the person who sold or pawned it. NORTHWEST ARKANSAS DEMOCRAT-GAZETTE E NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NOV F19 S-P-A-PERS LLC NORTHWEST ARKANSAS TIMES' C9M9` BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE.FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC,printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5627 oRoitvaNE No 5627, AN ORDINANCE AMENDING CHAPTER 115PAWNBROKERS OF THE CODE OF Was inserted In the Regular Editions On: FAYETTEUILLE RENAMING tT TO CHAPTER 116 PAWNBROKERS ANDSEGONpHAND :RKANsgs : NOVember 14, 2013 ~DEALERS,EREClU(RING LICENSURE�`OF SECONDHAND DEALERS qND;REQUIRING ELECTRONIC REPORTING OF CERTAIN ITEMS PURCHASED B`SECONDHAND DEALERS E, Publication Charges: 77.S2 BE IT pRDA1NEp BY THE CITY GOUNCILrOF THE CITY OFFAYETTEyIELE; g ARKANSAS e tion 1 That the City Council of the City of Fayetteville grkansas hereby f. amends Chapter 15 Pavynbrokers of the"Code of Fayettevtlle;so that after` amendment the chapter shall read,as presentetl iri"Exhibit=``A whi8h is=` attached hereto and irioorporate�l herein APPROVED --: Holly Andrews ATTEST:', By: By LIONELD JORDA�i,Mayor - SONDRA E SMITH Ci ty Cle[klTreasurer ` Exhibits for this ordinance may be wev✓ed"m the office of the-Gty CIerW Subscribed and sworrn� to before me Treaeurer. - This day of �' 2013. z, LA) Notary Public My Commission Expires: IZz'i **NOTE** Please do not pay from Affidavit. Invoice will be sent.