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
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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.