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Home My WebLink About6618 ORDINANCE NO. 6 61 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 5.20.210 OF THE AUBURN CITY CODE RELATING TO THE PAWNBROKER AND SECONDHAND DEALER BUSINESS WHEREAS, Revised Code of Washington (RCW) Section 19.60.066 prohibits pawnbrokers, secondhand dealers, and similar businesses that exchange personal property for money from receiving property from any person under the influence of intoxicating liquor or drugs, any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years; and WHEREAS, RCW 19.60.075 authorises the City of Auburn to enact ordinances or codes that are more restrictive than the provisions of RCW Chapter 19.60; and WHEREAS, pawnbrokers and secondhand dealers cannot easily and independently identify individuals from whom they cannot receive stolen property pursuant to RCW 19.60.066(3); and; WHEREAS, the Police Chief maintains a list that includes individuals who have been convicted of burglary, robbery, theft, and possession or receipt of stolen property, known as a "Do Not Buy list;" and WHEREAS, the Do Not Buy list also includes individuals convicted of drug-related crimes because the Joint Committee of the American Bar Association and the American Medical Association on Narcotic Drugs has found Ordinance No. 6618 September 14, 2016 Page 1 of 5 a close relationship between drug addiction and property crime where addicts resort to theft to obtain money for the purchase of drugs, and; WHEREAS, requiring pawnbrokers and secondhand dealers to utilize the Do Not Buy list before accepting property from any individual will reduce the ability of individuals to obtain money for stolen property and will protect the health, safety and welfare of the citizens of the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 5.20.210 of the City of Auburn City Code is amended to read as follows: 5.20.210 Pawnbroker and secondhand dealer businesses. A. Definitions. 1. Pawnbroker. Every person engaged, in whole or in part, in the business of money on the security of pledges, deposits or conditional sales of personal property is a pawnbroker. 2. Secondhand Dealer. Every person engaged in whole or in part in the business of buying or selling secondhand personal property, metal junk or melted metals, including but not limited to numismatic and used precious metals, is a secondhand dealer. B. License Application —Qualifications — Requirements to Apply. —License—Application—Applicant Fingerprints Accompanying. Each application for a pawnbroker's or a secondhand dealer's license shall be accompanied by a complete set of fingerprints of the applicant, utilizing fingerprint forms as prescribed by the chief of police. 2C. Transaction Record. 1 .It shall be the duty of every pawnbroker and secondhand dealer doing business in the city to maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan, purchase or sale, a record thereof containing the following information: a. The date of the transaction; b. The name of the person or employee conducting the same; c. The name, age, street and house number, and a general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had; Ordinance No. 6618 September 14, 2016 Page 2 of 5 d. The name and street and house number of the owner of the property bought or received in pledge; e. The street and house number of the place from which the property bought or received in pledge was last removed; f. A description of the property bought or received in pledge, which, in the case of watches, shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain a description of all letters and marks inscribed thereon; provided, that when the article bought or received is furniture, or the contents of any house or room actually inspected on the premises a general record of the transactions shall be sufficient; g. The price paid or the amount loaned; h. The names and street and house numbers of all persons witnessing the transaction; The number of any pawn ticket issued therefor. 2. It shall be the duty of every pawnbroker and secondhand dealer doing business in the city to require the person with whom each transaction is had to produce a valid government-issued photo identification card and to verify theaccuracy_of the name provided by the person with whom each transaction is had. 3D. Records and Goods Inspection. Such record, and all goods received, shall at all times during the ordinary hours of business be open to the inspection of the city attorney or of any peace officer. 4E. Daily Report to Police. Every pawnbroker and secondhand dealer doing business in the city shall, before noon of each day, fumish to the chief of police, on such forms as the chief of police may provide, a full, true and correct transcript of the record of all transactions had on the preceding day, and, having good cause to believe that any property in his possession has been previously lost or stolen, he shall report such fact to the chief of police, together with the name of the owner, if known, and the date when and the name of the person from whom the same was received by him. 6F. Property Retention Period. No property bought or received in pledge by any pawnbroker or secondhand dealer shall be removed from his place of business, except when redeemed by the owner within four days after receipt has been reported to the chief of police as provided in this chapter. 6G. Rates of Interest and Sale of Pledged Property— Statute Adopted. al. RCW 19.60.060, a statute of the state, is adopted by reference. b2. One copy of the statute of the state adopted by reference in subparagraph a of this subdivision shall be on file in the office of the city clerk and shall be made available at all times to the public. H. Do Not Buy List. 1. The Police Chief is authorized to create or adopt a regularly maintained Do Not Buy List and to establish procedures for access to, and utilization of, the Do Not Buy List by pawnbrokers and secondhand dealers; except that no fee may be charged to pawnbrokers and secondhand dealers for access and use of the Do Not Buv List. Ordinance No. 6618 September 14, 2016 Page 3 of 5 2. Pawnbrokers and secondhand dealers shall access and utilize the Do Not Buv List consistent with theprocedures_established by the Police Chief and shall be subiect to the provisions of ACC 5.20.070, ACC 5.20.080, and RCW 19.60.066 for noncompliance (Ord..4012 § 2, 1984.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: SEP 1 9 2016 PASSED: SEP 19 2016 APPROVED: SEP 19 2016 CITY OF AUBURN ATTEST: pv� N NC KUS, MA OR Daniel E. Daskam, City erk Ordinance No. 6618 September 14, 2016 Page 4 of 5 APP' "oVE• sa tO FORM: •aniel =. Hei., -'ty orney Published: fa, a'- \1/4.1 Ordinance No. 6618 September 14, 2016 Page 5 of 5