Charter Ordinance No. 206  


Latest version.
  • SECTION 1. The original of Section 3 of Charter Ordinance No 192 is hereby amended to read as follows:

    "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."

    SECTION 2. The original of Section 12 of Charter Ordinance No. 192 is hereby amended to read as follows:

    "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.

    SECTION 3. The original of Section 13 of Charter Ordinance No. 192 is hereby amended to read as follows:

    "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."

    SECTION 4. The original of Section 20 of Charter Ordinance No. 192 is hereby amended to read as follows:

    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."

    SECTION 5. The original of Section 21 of Charter Ordinance No. 912 is hereby amended to read as follows:

    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."

    SECTION 6. The originals of Sections 3, 12, 13, 20 and 21 of Charter Ordinance No. 192 are hereby repealed.

    SECTION 7. This ordinance shall be published once a week for two consecutive weeks in the official city news paper.

    SECTION 8. 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 November 20, 2007.

    /s/ Carlos Mayans,
         Mayor

       

    ATTEST:

    /s/ Karen Sublett,
         City Clerk

       

    Approved as to Form:

    /s/ Gary E. Rebenstorf,
         Director of Law