HomeMy WebLinkAbout3482-04/13/1987 ORDINANCE NO. 3482
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WATERLOO, IOWA, BY REPEALING DIVISION 2 , PAWNBROKERS, UNDER
ARTICLE II, SPECIFIC BUSINESSES AND OCCUPATIONS, OF CHAPTER
23 , LICENSES AND BUSINESS REGULATIONS; AND ENACTING, IN LIEU
THEREOF A NEW DIVISION 2, PAWNBROKERS AND SECONDHAND GOODS
DEALERS, UNDER ARTICLE II, SPECIFIC BUSINESSES AND
OCCUPATIONS, OF CHAPTER 23, LICENSES AND BUSINESS
REGULATIONS.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa:
That Division 2, Pawnbrokers, under Article Ii, Specific
Businesses and Occupations, of Chapter 23, Licenses and Business
Regulations, of the Code of Ordinances of the City of Waterloo,
Iowa, is hereby repealed in its entirety; that new Division 2 ,
Pawnbrokers and Secondhand Goods Dealers, under Article II ,
Specific Businesses and Occupations, of Chapter 23 , Licenses and
Business Regulations, of the Code of Ordinances of the City of
Waterloo, Iowa, is hereby enacted in lieu thereof as follows:
CHAPTER 23
LICENSES AND BUSINESS REGULATIONS
ARTICLE II , SPECIFIC BUSINESSES AND OCCUPATIONS
DIVISION 2 . PAWNBROKERS AND SECONDHAND GOODS DEALERS
Sec. 23-18. Definitions.
(a) Pawnbroker. Pawnbroker shall mean a person who loans
money on deposit or pledge of personal property, or other
valuable thing, or who deals in the purchasing of personal
property or other valuable thing on the condition of selling the
item back again at a stipulated price, or who loans money secured
by chattel mortgage on personal property, taking possession of
the property or any part thereof so mortgaged, or any person who
displays at that person' s place of business the sign of 3 gilt or
yellow balls, generally used by pawnbrokers to denote their
business, or anyone holding themself out to be a pawnbroker is
declared to be a pawnbroker within the meaning of this division.
(b) Secondhand Goods Dealer. Secondhand Goods Dealer shall
mean any person, partnership, firm or corporation whose business
includes selling, buying or receiving any tangible personal
property, previously owned, used, rented or leased. The term
secondhand dealer shall include pawnbrokers.
Sec. 23-19. Exemption.
This article shall not apply to or include the following:
(a) The sale of secondhand goods where all of the following
are present:
(1) The sale is held on property occupied as a
dwelling by the seller or owned, rented or leased by a
charitable or political organization; i.e. , yard sale,
garage sale or moving sale;
(2) The items offered for sale are owned by the
occupant or seller;
c
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BOOK 273 PAGE 531
Ordinance No. 3482
Page 2
(3 ) That no sale exceeds a period of ninety-six ( 96 )
consecutive hours;
( 4 ) That no more than three ( 3 ) sales are held in any
twelve month period;
( 5 ) That none of the items offered for sale shall have
been purchased for resale or received on consignment
for purpose of resale.
(b) The sale of secondhand books or magazines.
(c) The sale of goods at an auction held by a licensed
auctioneer.
(d) The business of buying or selling only those secondhand
goods taken as part of full payment for new goods and where such
business is incident to and not the primary business of a person.
(e) A bulk sale of property from a merchant, manufacturer
or wholesaler having an established place of business or of goods
sold at open sale from bankrupt stock.
(f) Goods sold at the public market, i.e. , farmers market,
etc.
(g) Goods sold at a bonafide antique, used furniture or
used clothing store, i.e. , a business in which seventy-five
percent ( 75%) of the business ' s revenue is derived through the
sale of antiques, used furniture or used clothes.
Sec. 23-20 . Affidavit Required.
Before any license required by this division shall be
issued, the applicant therefor shall file with the City Clerk an
affidavit that the applicant will observe and carry out the
requirements of any provision of this Code or other city
ordinance in force at the time of application, or any provision
of this Code or other city ordinance passed thereafter and during
the time the applicant ' s license is in force, in relation to
secondhand goods dealers or their business.
Sec. 23-21. Application Required.
(a) Applicant for secondhand goods dealer ' s license must
complete an application form provided by the City Clerk. The
application form shall contain the following information:
(1 ) Name, place of birth, date of birth and home
address of applicant;
( 2 ) Designation of location, including street and
number, where business is to be transacted, plus name
and address of the owner of the premises;
( 3 ) A detailed drawing of the interior of the place of
business and any other storage facilities used by the
secondhand goods dealer for storing items in the
dealer' s possession.
(4 ) A statement as to whether, within the previous 5
years, the applicant has been convicted of any law
relating to theft, damage or trespass to property, sale
of a controlled substance or the operation of a
800K 273 PACE 532
Ordinance No. 3482
Page 3
business; the nature and date of the offense and the
penalty received;
(5 ) Whether the applicant is a natural person,
corporation, or partnership:
a. If the applicant is a partnership, the names
and addresses of all partners;
b. If the applicant is a corporation, the state
of incorporation and the names and addresses of
all officers and directors;
( 6) If the applicant is a natural person, the
application shall be signed and sworn to by the person;
if a corporation, by an agent authorized to sign; if a
partnership, by a partner;
(7) The name of the manager or proprietor of the
business ;
(8) Applicant shall provide the City Clerk with any
additional information required by the Clerk, involving
the application;
(9) The police department shall investigate the facts
set forth in the application and shall report to the
City Clerk its findings thereon. The applicant shall
furnish to the police department such evidence as it
may reasonably require in support of the statements set
forth in the application.
Sec. 23-22. Surety bond.
Each applicant for a license required by this division
shall, before the license is issued to the applicant, file with
the Clerk a bond, with the sureties approved by the Council, in
the penal sum of One Thousand Dollars ( $1, 000. 00 ) , conditioned
that the applicant will comply with and observe the terms and
conditions of all provisions of this Code and other City
ordinances relating to secondhand goods dealers or their
business, and will pay all costs, fines and penalties incurred on
account of the applicant' s failure to observe such provisions of
this Code and other City ordinances, and will pay all damages
resulting to any person by reason of the wrongful purchase or
receiving any stolen property or property from any minor, which
bond shall be approved by the Council and filed by the Clerk.
Sec. 23-23 . License Required.
No persons shall carry on or engage in business as a
secondhand goods dealer in the City without first having obtained
a license therefor from the City, and paying an annual license
fee of $50. 00. Any person having several or separate places of
business shall pay the license fee and procure a license for each
place. The license provided for herein shall be valid only for
the location designated in the application, and shall be
prominently displayed therein at all times. Upon any change in
any of the information required to be submitted as part of the
application, the license shall within 3 days of such change
notify the City Clerk of such change, in writing, and in the
event of a change of address where doing business, the license
shall be returned to the City Clerk and an amended license issued
designating the new location. The amended license will be valid
for the length of time remaining on the original license. All
BOOM 2 3 PAGE J33
Ordinance No. 3482
Page 4
licenses issued under this division shall expire one year after
the original date of issuance.
Sec. 23-34. Records Register Required.
(a) Every secondhand goods dealer shall be required to keep
a record register in which the dealer shall accurately,
intelligently and legibly enter, in ink, the English language, at
the time of purchasing or receiving any article or item:
(1) The value of the article;
(2) The amount paid, advanced or loaned for the
article;
(3 ) A detailed, complete and accurate description of
the article, including identifying marks;
(4) The article ' s serial number and model number, if
any;
( 5) The name of the person from whom the article is
purchased or received, his or her resident address,
social security number, height and general description;
(6 ) The date, time and place of the transaction;
( 7) The time and date when the article is to be
redeemed or brought back;
( 8 ) Any mortgage or bill of sale taken, or receipt or
pawn ticket given;
( 9) When, and by whom, an article was brought back or
redeemed;
(10) When and how, an article was disposed of, if not
redeemed.
(b) If an article received has a fair market value of under
Twenty-five Dollars ( $25. 00) , a record of the article is not
required to be submitted to the Police Department.
(c) If an article is purchased from a licensed auctioneer,
another licensed second goods dealer, at a garage or rummage
sale, etc. , the article will not need to be registered as set out
in Sec. 23-24 (a) . A record must be kept indicating why the
article is exempt from the above requirement; however, the record
of such a transaction is not required to be submitted to the
Police Department. Such record shall include:
(1) Name of person from whom purchased,
(2 ) Date, time and place of transaction,
(3 ) Purchase price of transaction, and
(4) General description of articles.
(d) Every secondhand goods dealer shall also record the
date of disposition of said article or any part or portion
thereof. Said disposition report shall be located in the same
book and at the same place where the receiving records for said
article are located.
fall
BOOK 273 PAGE c3J4
Ordinance No. 3482
Page 5
(e) Failing to keep records. Any person who shall fail to
keep such records, or fail to make the required entries therein,
or shall intentionally or knowingly make any false or
unintelligible entry, or any entry which the dealer has reason to
believe is untrue, or who shall fail to make the inquiries
necessary to enable the dealer to make such entries or any of
them, or who shall fail to produce the records when requested, or
who shall destroy or negligently permit such records to be
destroyed or lost, shall be guilty of a simple misdemeanor.
(f) Copies to Police. Every secondhand goods dealer shall
submit to or make available for the Police Department, by noon
the following day, a record of each item received on pawn or
purchased outright. Such record shall include all information
required by subsection (a) . A secondhand goods dealer or
employee who fails to submit such record on each item received
shall be guilty of a misdemeanor.
Sec. 23-25. Inspection of Register and Property.
The secondhand goods dealer' s register required by this
division shall at all times be open to inspection by a duly
authorized officer of the City of Waterloo. The secondhand goods
dealer shall also, upon request, show to any of the persons named
in this section, any articles purchased, taken or received by the
dealer or deposited with the dealer and in the dealer' s
possession.
Sec. 23-26. Ticket for Property Received.
To each person selling, negotiating, depositing o'r leaving
any property with a secondhand goods dealer, the secondhand goods
dealer shall give a ticket upon which shall be printed or written
a copy of all entries required by this division, to be made in
the secondhand goods dealer ' s register with reference to the
transactions with such person, for which ticket no charge shall
be made by the secondhand goods dealer.
Sec. 23-27. Holding Period.
Any item received by a secondhand goods dealer shall not be
sold, transferred, altered, removed from the premises or
otherwise disposed of for seven (7) days after the date of such
report to the Police. Items received under the Sec. 23-24 (c)
provision shall be exempted from this holding period. However,
an individual may redeem an item that he or she pawned any time
after the item was received on deposit. Failure to hold said
items for the required holding period shall be deemed a simple
misdemeanor.
Sec. 23-28 . Police Order to Hold Property.
The Police are authorized to seize property, with proper
seizure notice, or require the dealer to hold property which they
have probable cause to believe is stolen property. A receipt
will be given to the secondhand goods dealer for all property
seized.
Sec. 23-29. Prohibited Acts.
(a) No person under the age of eighteen (18 ) years shall
sell or pawn any item with any secondhand goods dealer, nor shall
any secondhand goods dealer receive any items from a person under
the age of eighteen ( 18) years.
UV211 PAGE c�35
Ordinance No. 3482
Page 6
(b) No dealer shall receive any goods unless the seller
presents one picture identification or two forms of other types
of identification. Proper identification shall consist of, but
not be limited to, driver' s license, picture I .D. , medicard,
draft card and/or major credit card.
(c) No goods or merchandise shall be stored or continuously
displayed on any public street, alley or public parking. Any
goods or merchandise stored or displayed outside a fully enclosed
building shall be done so in an orderly and clean fashion so as
not to create a nuisance, as defined in the Code of Iowa or
Waterloo Code of Ordinances, or stored or displayed in such a
manner as to provide a habitat or breeding area for rodents or
insects . Goods and merchandise stored or displayed outside,
which are not designed to be placed, freestanding, on the ground,
shall be placed on racks or shelves.
Sec. 23-30. Denial, Suspension or Revocation.
(a) Any license under this division may be denied,
suspended or revoked for any of the following reasons:
( 1) The proposed use is in conflict with the Waterloo
Zoning Ordinance;
( 2) The proposed use is in conflict with any health,
building, building maintenance or other provision of
this code or state law;
(3 ) Violation of any provision of this division;
( 4 ) Fraud, misrepresentation or false statements in
securing a license;
(5) Fraud, misrepresentation or false statements made
in the course of the applicant ' s business;
(6) Conviction within the preceding five years, of any
public offense relating to theft, damage or trespass to
property or to the operation of a business.
(b) The City Clerk may, upon receipt of information
alleging that grounds exist to deny, suspend or revoke the
license of any applicant or licensee under this division, and
after consultation with the legal department, report the
circumstances to the City Council, which in such case may cause a
notice to be served on the applicant or licensee which notice
shall state that a denial, suspension, or revocation hearing has
been set before the City Council, the grounds for the proposed
denial, suspension or revocation, the date and time of the
hearing and the place where the hearing will be conducted. Upon
such hearing, if the City Council shall determine that one or
more of such grounds do exist, it may deny an application or
suspend or revoke an existing license. In the event such license
is revoked, no license under this division shall be issued to
that licensee for a period of one year.
Sec. 23-31. Penalty.
Every person, firm or corporation, their agents or
employees, who shall violate any of the provisions of this
Chapter, shall, on conviction thereof, be fined an amount not to
exceed One Hundred Dollars ( $100. 00) or imprisoned not to exceed
30 days. Each day a violation occurs shall constitute a separate
offense.
BOOK 273 PACE 536
Ordinance No. 3482
Page 7
Sec. 23-32. Separability of Provisions.
It is the intention of the Council that each section,
paragraph, sentence, clause, and provision of this ordinance is
separable, and if any provision is held unconstitutional or
invalid for any reason, such decision shall not affect the
remainder of this Ordinance nor any part thereof other than that
affected by such decision.
Sec. 23-33 . Period of Comply.
A secondhand goods dealer who is carrying on the business of
a secondhand goods dealer on the effective date of this Ordinance
shall have sixty ( 60) days from that date to comply with this
Ordinance.
PASSED AND ADOPTED by the City Council this 13th day of
April, 1987, and approved by the Mayor this 15th day of April,
1987.
rz4,0?,,
Bernard L. McKinley, Mayor
ATTEST:
ar y Burger City Clerk/Auditor
CERTIFICATE
I, Larry P. Burger, City Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that the preceding is a true
and complete copy of Ordinance No. 3482 , as passed and adopted by
the Council of the City of Waterloo, Iowa, on the 13th day of
April, 1987.
Witness -My Hand and Seal of Office this 16th -day---of April,
1987.
# ;y rr . Burge
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STATE OF I O W A, I do solemnly swear that the annexed copy of , Legal
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Black Hawk County, City of Waterloo Ordinanre '34A2
notice was published in the Illntcrloo Lollricr a daily newspaper printed in Waterloo.
Black Hawk County, Iowa once!M- -4er- eserreaegve
reef -#R In the Issue/of
AP ri I 23, 1987
• of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said newspaper, and that the following is a correct bill for
publishing said notice. Li ,"
Printer's Bill $ 1 q le '
Cr--,
Signed
Subscribed and sworn to before me this 3 //- / day of
. .t ti A.D., 19
j ORDINANCE NO.3482 CfMv .G /-2 J`J 61...i�
di
I AN ORDINANCE AMENDING U Notary Public
THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO,
IOWA BE REPEALING Received of
DIVISION 2, PAWNBROKERS,
UNDER ARTICLE II,SPECIFIC
BUSINESSES AND OCCUPA-
TIONS, OF CHAPTER 23, the sum of
LICENSES AND BUSINESS RE-
GULATIONS;AND ENACTING,IN LIEU THHEREOF OF NEW in full for publication of the above notice.
DIVISION 2, PAWNBROKERS
AND SECONDHAND GOODS