Charter Ordinance No. 192  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 16-706; 16-707; 16-708; 16-709; 16-710; 16-711; 16-712; 16-713; 16-714; 16-715; 16-716; 16-717; 16-718; and 16-721 AND AMENDMENTS THERETO AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO PAWNBROKERS AND PAWNBROKING BUSINESSES; SECONDHAND DEALERS AND PRECIOUS METAL DEALERS, PROVIDING FOR LICENSING THEREOF, PROHIBITING CERTAIN ACTS AND DECLARING VIOLATIONS THEREOF TO BE A CRIME; AND REPEALING THE ORIGINALS OF CHARTER ORDINANCE NOS. 134 AND 141.

    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

    SECTION 1. The City of Wichita, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 16-706; 16-707; 16-708; 16-709; 16-710; 16-711; 16-712; 16-713; 16-714; 16-715; 16-716; 16-717; 16-718; and 16-721 and amendments thereto and provide substitute and additional provisions as hereinafter set forth in this ordinance. Said chapter is applicable to this City, but is not applicable uniformly to all cities.

    SECTION 2. Definitions. As used in this ordinance, the following terms shall have the meanings indicated in this section:

    (a) The term 'pawnbroker' shall mean any person who loans money on deposit or pledge of personal property or other valuable item, other than intangible personal property, or who deals in the purchase of personal property on condition of selling the same back again at a stipulated price, or the employee of such persons, but such terms shall not include any person operating under the supervision of the State Banking Commissioner, Credit Union Administrator or the Consumer Credit Commissioner of this state.

    (b) 'Person' means any individual, firm, company, partnership, corporation or association.

    (c) The term 'secondhand' means previously owned by a member of the general public prior to the transaction at hand. It does not include property previously owned by a wholesaler, retailer, or another secondhand dealer.

    (d) The term 'secondhand dealer' means any person, firm, company, partnership, association, or corporation or their employee engaged in the business of buying, selling, trading, exchanging or otherwise dealing in secondhand merchandise of any sort or description, whether or not he or she deals in other goods and regardless of where goods are bought, except the term shall not include the following persons:

    (1) Persons whose dealership in secondhand merchandise is limited exclusively to secondhand books, magazines, handbills, collectible cards (i.e., baseball cards), and/or posters;

    (2) Grocers or other persons primarily engaged in the business of the retail sale of food who purchase recyclable food and beverage containers for resale;

    (3) Persons who only obtain such merchandise incidental to the making of a new sale, provided however that this exception shall not apply to retailers who obtain firearms of any kind incidental to the making of a new sale;

    (4) Persons who are licensed as pawnbrokers as defined herein;

    (5) Persons whose dealership in secondhand merchandise is limited exclusively to precious metals and who are licensed as Precious Metal Dealers as defined herein;

    (6) Persons who are licensed as scrap processors as defined in Title 3 of the Code of the City of Wichita;

    (7) Charitable institutions which receive used merchandise for resale;

    (8) Persons whose dealership in secondhand merchandise is limited exclusively to clothing, apparel, dishes, linens and furniture.

    (9) Persons whose dealership in secondhand merchandise is limited exclusively to cassette tapes, compact discs, phonograph records, VHS, BETA and DVD videotapes and computer software.

    (e) The term 'Precious metal' means gold, silver or platinum group metals or any used articles or other used personal property containing such metals, but shall not include coins purchased for their numismatic value rather than their metal content or ingots or other industrial residue or by products composed of such metals purchased from manufacturing firms.

    (f) The term 'Precious metal dealer' means any person who engages in the business of purchasing precious metal for the purpose of reselling such metal in any form or the employee of such person.

    "SECTION 3. License Required, Fee, Licenses to Conduct Business Off Premises.

    (a) No person, whether as principal officer, agent, or employee, shall conduct, pursue, carry on, or operate in the city, any business, or occupation commonly known as a pawnbroker, secondhand dealer, or precious metal dealer, without having first obtained a license therefor. The application for such license shall be made on forms provided by the City and shall be in writing and shall state the full name, including previous names and/or aliases used, date of birth and place of residence, including street address, of the applicant. If the applicant is a partnership, the application shall give the full name, date of birth and place of residence, including street address, of each partner, and if the applicant be a corporation, then the name, date of birth and address, including street address, of each stockholder possessing twenty or more percent of the stock of the corporation shall be stated thereon. The application shall also contain the address of the place where the business is to be conducted and the hours of the day and the days of the week during which the applicant proposes to engage in business. Not more than one place of business shall be maintained under the same license, but more than one license may be issued to the same licensee upon compliance with all the provisions of this Act governing the issuance of the initial license.

    (b) Fees: Pawnbrokers shall pay an annual fee of five hundred dollars ($500.00). Secondhand dealers shall pay an annual fee of one hundred dollars ($100.00). Precious metal dealers shall pay an annual license fee of one hundred fifty dollars ($150.00). A permit fee of seventy-five dollars ($75.00) shall be assessed for any off premises business permit issued pursuant to Subsection (g).

    (c) Off Premises Business Permit: Any person, licensed pursuant to this ordinance, may apply for a off premises business permit to conduct the business of a pawnshop, secondhand dealer or precious metals dealer off the licensed premises of such business.

    (d) Such person shall complete the application for such license on forms provided by the City. Such application shall state the address of the place or places where the business is to be conducted, the location of the dealers licensed premises within the City of Wichita, if any, and the dates and the number of days for such sale or event.

    (e) No off premises business permit shall be issued for a period of longer than six days.

    (f) No more than three off premises business permits shall be issued to any person within a twelve-month period.

    (g) There shall be a fee assessed for the off premises business permit of $75.00. This fee is in addition to any licensing fee set forth in Subsection (b).

    (h) No off premises business permit may be issued to any person who is ineligible, except due to the limitations contained in Section 4(g), to obtain a pawnbroker, secondhand dealers license, precious metal dealers license pursuant to this ordinance.

    (i) All provisions of this Act regarding record keeping, reporting requirements to the Wichita Police Department, holding requirements and all other provisions, shall be applicable to persons issued an off premises business permit. Out of state businesses issued an off premises business permit shall retain all property received within the corporate city limits of the City of Wichita for at least fourteen (14) days as required by Sections 13 and 21 of this Ordinance. (Amended by Ch. Ord. 206, § 1)

    SECTION 4. PAWNBROKER, SECONDHAND DEALER, AND PRECIOUS METAL DEALER—ELIGIBILITY REQUIREMENTS. No pawnbroker, secondhand dealer, or precious metal dealer license or renewal thereof shall be granted to:

    (a) Any person who is not a citizen of the United States;

    (b) Any person who, within 10 years immediately preceding the date of making application, has been convicted of or has pleaded guilty to any felony, under the Kansas Criminal Code or pursuant to the laws of any city, state or of the United States or shall have forfeited his bond to appear in Court to answer charges for any such offense; or any person who within 10 years immediately preceding the date of making application has been convicted of or has pleaded guilty to a misdemeanor crime of robbery, theft, forgery, burglary, consumer fraud, securing execution of a document by fraud or deception, or any other similar offense pursuant to the laws of any city, state or of the United States.

    (c) Any partnership unless all the partners shall be eligible to receive a license as an individual;

    (d) Any person who has had his license revoked for cause under the provisions of this ordinance or any similar ordinances or statutes of other municipalities or states;

    (e) A corporation, if any manager, officer or director thereof, would be ineligible as an individual to receive a license hereunder for any reason. A corporation if any stockholder owning in the aggregate more than twenty percent of the stock of such corporation would be ineligible as an individual for any reason other than age and citizenship requirements.

    (f) Any person who is not at least 21 years of age;

    (g) Any person who does not own the premises for which a license is sought, unless he has a written lease therefore for at least three fourths of the period for which the license is to be issued;

    (h) Any person whose spouse would be ineligible to receive a license hereunder for any reason other than the age and citizenship requirements.

    (i) Any person, who at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.

    (j) Any person whose business location does not comply with the provisions of Title 28 of the Code of the City of Wichita.

    SECTION 5. (Amended and repealed—See Charter Ordinance No. 200, §§ 1 and 2.)

    SECTION 6. Change of Location. Whenever a licensee shall change his/her place of business to another location within the City of Wichita, he/she shall, at least thirty (30) days prior to said change, excluding Saturdays. Sundays, and legal holidays, give written notice by certified or registered mail, return receipt requested thereof to the City Treasurer who shall then issue a duplicate license, provided the new location complies with the provisions of Title 28 of the Code of the City of Wichita, Kansas, which shall show, in addition to all of the information appearing on the old license, a record of the change of location and the date thereof, which new license shall be authority for the operation of such business under such license at such location.

    SECTION 7. Change of Ownership. A person must apply for a new license upon any change, directly or beneficially, in the ownership of any pawnshop, secondhand dealership or precious metal dealership. No license shall be transferable or assignable.

    SECTION 8. Expiration of License. Each license shall expire one year from the date of issuance and may be renewed only by making an application as provided. To assure re-issuance of a license prior to expiration, applications for renewal should be made at least thirty (30) days before the expiration date.

    SECTION 9. Issuance of License; Posting. The City Treasurer shall issue a license to an applicant within thirty (30) days after receipt of a verified application, unless it is determined after examination by the chief of police or his designee, that the person is not eligible for a license pursuant to the provisions of this ordinance. The license issued pursuant to this section shall be posted in a conspicuous place at or near the entrance to the licensed premises so that it may be easily read at any time.

    SECTION 10. Suspension or Revocation of License—Notice of Hearing. (a) Any license issued under this ordinance may be suspended or revoked after due notice and hearing if the licensee (1) has failed to pay the annual license fee; (2) violated any provision of this ordinance; or (3) becomes ineligible for a license because of any of the provisions of Sections 4 or 5 of this ordinance; or (4) said licensee has given a false statement as to a material fact submitted to the City Treasurer during the application process. Any license issued pursuant to this ordinance shall be revoked, after due notice and hearing thereon, if it is proved at the hearing that the licensee sold any handgun to a minor.

    Said hearing herein provided shall be held by the governing body of the City of Wichita, Kansas, within thirty (30) days after notice thereof. No revocation or suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and others.

    (b) Within thirty (30) days after the order of the City Council revoking or suspending any license, the licensee may appeal from such order to the district court of the county in the manner as provided by law; provided that any appeal taken from an order revoking any such license shall not suspend the order of revocation during the pendency of such appeal.

    SECTION 11. Unauthorized Transfer of Property. (a) It shall be unlawful for any individual to pawn, pledge, trade or sell any article, under the provisions of this ordinance, to a licensee and use any name other than his or her true legal name.

    (b) It shall be unlawful for any individual to pawn, pledge, trade or sell any article to a licensee, by means of any written instrument, with knowledge that the writing falsely states or represents some material matter.

    (c) It shall be unlawful for any individual to pawn, pledge, trade or sell any article to a licensee if such person is not the legal owner or the agent of the legal owner who is authorized to pawn, pledge, sale or trade such item.

    SECTION 12. Pawnbrokers: Records to be Kept Register to be Delivered to Police Department.

    (a) It shall be the duty of every pawnbroker to maintain at his/her place of business a book, register or other permanent record, in which shall be legibly printed, lettered or typed, by the pawnbroker or his/her employee, in the English language, at the time of such loan, consignment, purchase, trade or receipt of any item received as a pawnbroker, a record thereof containing the information listed in Subsections (1) through (7) of this Section. Such entries shall be made at the time of the purchase or receipt of such property. All such records shall be made on forms approved by the Wichita Police Department. Entries shall not, in any manner, be erased, obliterated or defaced.

    Such records must include:

    (1) The time and date of the transaction;

    (2) The name of the employee conducting the transaction and the manager or owner on duty;

    (3) The full legal name, (first, middle and last), date of birth, sex, height, weight, race and address (which shall include the street address, and not merely a post office box number) of the person selling, trading or leaving the property;

    (4) The type and identifying numbers of identification presented at the time of the transaction by the person with whom the transaction was made. Such identification shall include a valid drivers license with expiration date, including the state where such license is issued, or, in the event such person has no drivers license, a valid identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required.

    (5) A detailed description of the property bought or received in pledge, including brand name; serial number, model number, title or name; engravings, size, pattern, color, markings and shape, the caliber, barrel length, and type of action of any firearm and whether it is a pistol, rifle or shotgun, and any peculiarity likely to identify the property. The description of jewelry shall include the type of metal employed, all letters and marks inscribed thereon, and the weight and size, gemstone description, including the number of stones;

    (6) The price paid or the amount loaned and annual percentage interest rate charged; and

    (7) A signed statement that the person is the legal owner of the item or is an agent of the legal owner who is authorized to pawn, pledge, sell or trade such item and stating the length of ownership of the item. If the owner's agent is pawning, pledging, selling or trading the item, the owner's name and address shall be provided at the time of the transaction;

    (8) The licensee may obtain a thumbprint on the pawn ticket but such identification is not required by this Ordinance.

    (b) It shall be the duty of every pawnbroker to furnish a full, true and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded in such format as may be required by the Chief of Police or his designee.

    (1) Two (2) legible and correct copy of all information contained in the register concerning all property received or purchased during the preceding calendar day, shall be transmitted to the Wichita Police Department. This information may be transmitted to the Wichita Police Department by any method including electronically by via facsimile transmission, by modem or similar device, by delivering of computer data, or by such other means of transmission as may be authorized by the Chief of Police or his designee. Such information must be transmitted to the Wichita Police Department no later than 5:00 p.m. on the next business day. After July 1, 2008, licensees who average more than one hundred transactions a month, during any 90-day period, must submit such information electronically to the Wichita Police Department in a computer format approved by the Wichita Police Department.

    (2) If the licensee submits reports via electronic means, the data must be transferred each business day and will be submitted to the Wichita Police Department in a format approved by the Wichita Police Department. Such information must be transmitted to the Wichita Police Department no later than 5:00 p.m. on the next business day. If such data is transferred electronically, the licensee shall not be required to submit the paper copies required in Subsection (b)(1) above.

    (c) No such report need be made concerning property or merchandise acquired from another licensee involving the purchase or other acquisition from the other licensee, where the other licensee has made the reports required by this section with respect to such property or merchandise.

    (d) All records required by this Section, including those submitted electronically, shall be maintained by the pawnbroker at the pawnbrokers place of business for not less than two (2) years following the date of the transaction.

    (e) Every pawnbroker, agent or employee of such pawnbroker or dealer who fails, neglects or refuses to make the reports called for by this Section, or who reports any material matter falsely to the Chief of Police or his designee, is guilty of a violation of this Charter Ordinance.

    (f) Reports made pursuant to this Section shall be available for inspection only by law enforcement officers, City, County and District Attorneys and their employees, for law enforcement purposes. (Amended by Ch. Ord. 206, § 2)

    SECTION 13. Pawnbrokers: Articles Acquired to be Held.

    (a) Every pawnbroker shall segregate all property purchased, pledged, pawned or received, from property purchased or received from other pledgors or sellers and shall attach to the property or to the container in which the property is held a tag indicating the name of the pledgor or seller and the date on which the property was purchased or received. Further, every pawnbroker shall retain possession of purchased property upon the licensed premises and withhold the property from resale or salvage use for fourteen (14) calendar days from the date of the transaction and shall make the pawned, purchased, pledged, or received property available for inspection at his licensed premises by any police officer or official designated by the police chief during regular business hours while in his possession. Articles received by an off premises business permit must be held for fourteen (14) calendar days at a location, designated by the licensee which is within the City's limits. During said period of time, the article shall not be changed or altered in any manner. Notwithstanding the provisions of this Subsection, a pawnbroker may return any property to the person pawning the same unless a hold has been placed upon the property pursuant to Subsection (b) below.

    (b) When a police officer or other person employed and authorized by the Wichita Police Department has reasonable cause to believe that any property received by a pawnbroker is stolen the police officer may place a hold notice upon the property. All property upon which a hold notice has been placed must be held by the dealer at the licensed premises for sixty (60) calendar days unless released sooner by authority of the Police Chief or his designee. After sixty (60) calendar days, unless other disposition is authorized by the Police Chief or his designee, the hold is automatically released and the pawnbroker may dispose of the property pursuant to law and subject to the provisions of Section 14 below.

    (c) The holding requirements of subsection (a) shall not apply to phonographic records, cassette tapes, compact discs or video games when such items are not purchased, traded, pawned or sold in conjunction with an operation system or stereo equipment. Items which are sold, purchased, traded or pawned during any normal business day to or from the same individual shall be considered 'sold in conjunction' for the holding requirements in this section. (Amended by Ch. Ord 206, § 3)

    SECTION 14. Pawnbrokers: Articles Acquired to be Retained for Ninety-day Period. (a) It shall be unlawful for any pawnbroker to sell, transfer, or convey any pawned or pledged property, which he/she shall have received under the operation of his business, for at least ninety days, except when said property is redeemed by the pledge or upon payment of the principal and charges.

    (b) If any pledged article is not redeemed within such redemption period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his/her assigns, to such pledged article, to hold and dispose of as his/her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge, the title to which is transferred in accordance with this section.

    SECTION 15. Prohibited Transactions. It is unlawful for any pawnbroker or his or her clerk or employee, to receive in pledge, trade, or purchase any article or item from any person under 18 years of age, or from any person, who at the time of the transaction is physically or mentally incapacitated due to consumption of alcohol or the use of narcotic drugs, or from any person who the licensee has reason to suspect or believe is under the influence of alcohol or drugs.

    SECTION 16. Pawnbrokers: Contract Requirements.

    a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, in ink, a copy of which shall be furnished to the borrower. The loan contract shall set forth the loan period, which shall be one (1) month, the date on which the loan is due and payable, and the charges, and it shall clearly inform the borrower of his right to redeem the pledge during the redemption period of sixty (60) days after due date. Except as otherwise herein provided, the holder of such contract shall be presumed to be the person entitled to redeem the pledge, and the pawnbroker shall deliver the pledge to the person presenting the contract upon payment of the principal and charges. Provided, however, that it shall be the duty of the pawnbroker to inquire of the person presenting the contract what his/her name and address is, and if the name and address is different from the name and address of the person who pledged the property, then the pawnbroker shall require the legal name and address of the person presenting the contract as well as his driver's license number if the same is available, and if the same is not available, then such other valid identification as the person might have upon his person, and the pawnbroker shall thereafter make the same available to the Police Department upon request.

    SECTION 17. Pawnbrokers: Interest and Charges on Pawnbroker Transactions: Applicability of Other Laws: Maximum Charges; Terms of Loans. (a) No pawnbroker shall contract for, charge, or receive directly or indirectly on or in connection with any pawnbroker transaction any charges, whether for interest, storage, insurance service fee, handling, compensation, consideration or expense which in the aggregate are greater than the charges provided and authorized by this ordinance. Any other provisions of law relating to interest, storage and such charges shall not be applicable to any pawnbroker transaction made in accordance with this ordinance.

    (b) Whenever any loan is made by a pawnbroker for which goods are received in pledge, the following maximum amounts may be charged:

    (1) On any amount a charge may be added in an amount not to exceed ten percent (10) per month or one hundred twenty percent (120%) per annum of the amount advanced to the borrower; and

    (2) The maximum amount of a loan authorized by this act shall not exceed the amount set out in K.S.A. 16-719 and amendments thereto.

    (c) The term of any loan made under the provisions of this ordinance, shall be one (1) month. Loans may be ended or renewed by the payment of the charges herein provided monthly. The charges authorized herein, shall be deemed to be earned at the time the loan is made and shall not be subject to refund. On loans pursuant to this ordinance, no insurance charges or any other charges of any nature whatsoever shall be permitted.

    SECTION 18. Pawnbrokers: Inspection of Books and Premises. Every pawnbroker and every person employed by a pawnbroker, in the conduct of his/her business, shall admit to any and every part of the premises designated in the license at any time, any law enforcement officer or official of the Wichita Police Department authorized by the Chief of Police, to examine any goods, articles, items, pledges, pawns, books, computer records, or other records on the premises, and to search for and to place a hold upon (pursuant to the provisions of Section 13 above) any article known or believed by such officer or official to have been stolen.

    SECTION 19. Pawnbrokers; Secondhand Dealers; and Precious Metal Dealers: Redelivery of Stolen Property and Statement of Ownership. (a) When converted or stolen property has been pawned or purchased by a pawnbroker, secondhand dealer, or precious metal dealer and the pawnbroker, secondhand dealer, or precious metal dealer refuses to redeliver such property to the rightful owner upon demand and presentation of a bill of sale or other proper indicia of ownership by the owner, and legal action by the rightful owner to recover the property becomes necessary, the court may assess the pawnbroker, if the court finds that the pawnbroker, secondhand dealer or precious metal dealer wrongfully withheld the converted or stolen property.

    (b) Pawnbrokers, Secondhand Dealers, and Precious Metal Dealers shall require of every person from whom the dealer receives or purchases secondhand items for resale a signed statement on forms approved by the Wichita Police Department stating that said person is the legal owner of the item or is an agent of the legal owner who is authorized to sell such item and stating the length of ownership of the item.

    (c) It is unlawful for any pawnbroker, secondhand dealer or precious metals dealer to receive, trade, transfer, or possess or co-sign property which such dealer or his or her agent knows to be stolen.

    SECTION 20. Secondhand Dealers and Precious Metal Dealers: Records to be Kept.

    (a) It shall be the duty of every secondhand dealer and precious metal dealer (except persons whose dealership in secondhand merchandise is limited exclusively to used motor vehicle sales) to maintain at his/her place of business a book, register or other permanent record, in which shall be legibly printed, lettered or typed, by the dealer or his/her employee, in the English language, at the time of such consignment, purchase, trade or receipt of any item, a record thereof containing the information listed in Subsections (1) through (7) of this Section. Such entries shall be made at the time of purchase or receipt of such property. All such records shall be made on forms approved by the Wichita Police Department. Entries shall not, in any manner, be erased, obliterated or defaced.

    (1) The time and date of the transaction;

    (2) The name of the employee conducting the transaction and the manager or owner on duty;

    (3) The full legal name, (first, middle and last), date of birth, sex, height, weight, race, and address (which shall include the street address, and not merely a post office box number) of the person selling, trading or leaving the property;

    (4) The type and identifying numbers of identification presented at the time of the transaction by the person with whom the transaction was made. Such identification shall include a valid drivers license with expiration date, including the state where such license is issued, or, in the event such person has no drivers license, a valid identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required.

    (5) A detailed description of the property bought or received in pledge, including brand name; serial number, model number, title or name; engravings, size, pattern, color, markings and shape, the caliber, barrel length, and type of action of any firearm and whether it is a pistol, rifle or shotgun and any peculiarity likely to identify the property. The description of jewelry shall include the type of metal employed, all letters and marks inscribed thereon, and the weight and size and gemstone description, including the number of stones;

    (6) The price paid;

    (7) A signed statement that the person is the legal owner of the item or is an agent of the legal owner who is authorized to sell or trade such item and stating the length of ownership of the item. If the owner's agent is pawning, pledging, selling or trading the item, the owner's name and address shall be provided at the time of the transaction;

    (8) The licensee may obtain a thumbprint on the pawn ticket but such identification is not required by this ordinance.

    (b) It shall be the duty of every precious metal dealer and secondhand dealer (except persons whose dealership in secondhand merchandise is limited exclusively to used motor vehicle sales) to furnish a full, true and correct transcript of the record of all transactions except those between dealers licensed under this ordinance, to the Wichita Police Department every Tuesday before 5:00 p.m. These transactions shall be recorded on such forms in such format as may be required by the Chief of Police or his designee.

    (1) Two (2) legible and correct copies of all information contained in the register concerning all property received or purchased during the preceding calendar week, shall be transmitted to the Wichita Police Department. This information may be transmitted to the Wichita Police Department by any method including electronically by via facsimile transmission, by modem of similar device, by delivering of computer data, or by such other means of transmission as may be authorized by the Chief of Police or his designee. After July 1, 2008, licensees who complete more than one hundred transactions a month, during any 90-day period, must submit such information electronically to the Wichita Police Department in a computer format approved by the Wichita Police Department.

    (2) If the licensee submits reports via electronic means, such data will be submitted to the Wichita Police Department. If such data is transmitted electronically, the licensee shall not be required to submit the paper copies required in Subsection (b)(1) above.

    (c) All records required by this Section, including those submitted electronically, shall be maintained by the dealer at the dealers place of business for not less than two (2) years following the date of the transaction.

    (d) Exception, the following types of property and/or transactions are not subject to the reporting requirements of this section:

    (1) Recyclable food and beverage containers, and other recyclable plastic, glass, or metal containers.

    (2) Newsprint or newspapers.

    (3) Secondhand books, magazines, handbills, collectible cards (i.e., baseball cards), and/or posters.

    (4) Transactions involving the purchase of clothing, apparel, dishes, linens, and furniture.

    (5) Transactions involving the purchase of photographic film, including lithographic and x-ray film for reprocessing.

    (6) Transactions between dealers licensed pursuant to this ordinance.

    (7) Transactions involving materials purchased from a regulated public utility.

    (8) Where precious metals are acquired from another licensee licensed hereunder or licensed by the State of Kansas where the other licensee has made the reports required by this section or by the State of Kansas with respect to such precious metal.

    (9) Where precious metals are acquired from another licensee who is licensed in this state in a transaction involving the purchase or other acquisition.

    (10) Where precious metals are acquired from another person licensed as a precious metal dealer who is licensed in this state in a transaction involving the purchase or other acquisition from the other licensee of his or her stock in trade, or a substantial part thereof in bulk, where the other precious metal dealer has made the reports required by this section with respect to such precious metals.

    (11) Where precious metals are acquired by a licensee incidental to a new sale where the precious metals being traded in were sold by the licensee to the person trading such precious metals on new merchandise.

    (12) Where jewelry is in the possession of the licensee for purposes of being repaired. The term repair means to restore to the same condition or modification of any item of jewelry.

    (e) Reports made pursuant to this Section shall be available for inspection only by law enforcement officers, City, County and District Attorneys and their employees, for law enforcement purposes. (Amended by Ch. Ord. 206, § 4)

    SECTION 21. Secondhand Dealers and Precious Metal Dealers. Items Acquired to be Held.

    (a) Every secondhand dealer and precious metal dealer (except persons whose dealership in secondhand merchandise is limited exclusively to used motor vehicle sales) shall segregate the property purchased or received from the property purchased or received from other sellers and attach to the property or to the container in which the property is held a tag indicating the name of the seller and the date on which the property was purchased or received. Further, every secondhand dealer and precious metal dealer shall retain possession of the purchased property at the licensed premises and withhold the property from resale or salvage use for fourteen (14) calendar days from the date of the transaction and shall make the purchased property available for inspection at his/her place of business by any police officer or other official designated by the chief of police during regular business hours while in his/her possession. However, the provisions of this section do not apply to property or transactions designated in Section 20(d) as being exempt from the reporting requirements.

    (b) When a police officer has reasonable cause to believe that any property received by a secondhand dealer or precious metal dealer is stolen the police officer may place a hold notice upon the property. All property upon which a hold notice has been placed must be held by the dealer at the local place of business for sixty (60) calendar days unless released sooner by authority of the Police Chief or his designee. After sixty (60) calendar days, unless other disposition is authorized by the Police Chief or his designee, the hold is automatically released and the secondhand dealer, or precious metal dealer may dispose of the property.

    (c) The holding requirements of subsection (a) shall not apply to phonographic records, cassette tapes, compact discs or video games when such items are not purchased, traded, pawned or sold in conjunction with an operation system or stereo equipment. Items which are sold, purchased, traded or pawned during any normal business day to or from the same individual shall be considered 'sold in conjunction' for the holding requirements in this section. (Amended by Ch. Ord. 206, § 5)

    SECTION 22. Prohibited Transactions. (a) It is unlawful for any precious metal dealer or his or her clerk or employee, to receive in trade or purchase any article or item from any person under 18 years of age, or from any person, who at the time of the transaction is physically or mentally incapacitated due to consumption of alcohol or the use of narcotic drugs, or from any person who the licensee has reason to suspect or believe is under the influence of alcohol or drugs.

    (b) It shall be unlawful for any secondhand dealer or his or her clerk or employee hereunder to purchase or receive any article or property under the provisions of this ordinance from any person under the age of eighteen (18) years unless said person is accompanied by a parent or guardian who states in writing, that such transaction is taking place with such parent's or guardian's full knowledge and consent. It shall be the duty of such secondhand dealer to preserve and keep on file such written statements of consent on forms approved by the Wichita Police Department. Further, such written consent may be retained by the secondhand dealer hereunder and used for subsequent transactions with the minor without the presence of the parent or guardian.

    (c) It is unlawful for any secondhand dealer or his or her clerk or employee, to receive, trade, or purchase any article or item from any person under 18 years of age, or from any person, who at the time of the transaction is physically or mentally incapacitated due to consumption of alcohol or the use of narcotic drugs, or from any person who the licensee has reason to suspect or believe is under the influence of alcohol or drugs.

    SECTION 23. Secondhand Dealers Precious Metal Dealers: Inspection of Books and Premises. Every secondhand dealer and precious metal dealer and every person employed by them in the conduct of their business, shall admit to any and every part of the premises designated in the license at any time, any law enforcement officer or other official designated by the Chief of Police of the City to examine any goods, articles, items, books, or other records on the premises, and to search for and to place a hold upon pursuant to the provisions of Section 21 above any article known or believed by such officer or official to have been stolen.

    SECTION 24. PENALTIES. (a) Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding one thousand dollars ($1,000.00) or shall be imprisoned not to exceed six (6) months, or shall be punished by both such fine and imprisonment.

    (b) In addition to the penalties described in this section the City may recover in civil action in any court of competent jurisdiction the amount of the license tax imposed by this title, and no property of such debtor shall be exempt from forced sale under any process of the law for such indebtedness except such exemptions as are allowed by the constitution of this state.

    SECTION 25. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this chapter of any part thereof.

    It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included.

    SECTION 26. The originals of Charter Ordinance Nos. 134 and 141 of the Code of the City of Wichita, Kansas, are hereby repealed.

    SECTION 27. This ordinance shall be published once a week for two (2) consecutive weeks in the official city newspaper.

    SECTION 28. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

    PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this December 18, 2001.

    Bob Knight
    Mayor

    APPROVED:

    Pat Burnett
    City Clerk

    Approved as to Form:

    Gray E. Rebenstorf
    Director of Law