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BULLET St. Louis City Revised Code Chapter 8.72 Pawnbrokers

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.72
Pawnbrokers

Sections:

8.72.010 Defined.
8.72.020 License--Required--Affidavit.
8.72.030 License--Application.
8.72.035 License--Petition to be filed.
8.72.050 License--Separate for each place of business.
8.72.060 License--Revocation.
8.72.070 Bond.
8.72.080 Register--Required.
8.72.090 Register--Inspection.
8.72.100 Dealing with minors.
8.72.110 Hours.
8.72.120 Loans on parts of article.
8.72.130 Agents.
8.72.140 Photographs of customers.
8.72.150 Serial or identifying numbers.
8.72.160 Limits on number of licenses issued.

For secondhand dealers, see Ch. 8.82

V.A.M.S.:

41.770 Dealing in military equipment

367.050 Stealing pawned or pledged property

McQuillin:

24.335 Moneylending and pawnbrokers

8.72.010 Defined.

Any person who loans money on deposit of personal property, or who deals in the purchase of personal property on condition of selling the same back again at a stipulated price, or who makes a public display at his place of business of the sign generally used by pawnbrokers to denote their business: Three gilt or yellow balls, or who publicly exhibits a sign of "money to loan on personal property or deposit," is hereby declared to be a pawnbroker.
(1948 C. Ch. 49 1: 1960 C. 700.010.)

8.72.020 License--Required--Affidavit.

No person shall do business as a pawnbroker in the City without having first obtained a license therefor. The license shall conform to those now in use as provided by this chapter, with a form of affidavit attached thereto, which the applicant shall subscribe and make oath that he will faithfully carry out the provisions of this chapter.
(1948 C. Ch. 49 2: 1960 C. 700.020.)

8.72.030 License--Application.

Every application for a license hereunder shall be made in writing to the License Collector and shall state where the business is to be carried on. Before any license shall be issued, the License Collector shall procure from the Police Commissioners an endorsement on the back of the application therefor:

A. That in their opinion the applicant has a good moral character;

B. That the applicant has installed a proper camera and agreed to use the equipment to photograph every person and receipt or pawn ticket given to such person in connection with all loans and purchases of all articles effected or made by him, and to make the photographs available to any law enforcement officer upon request;

C. That the applicant has agreed not to accept as collateral security or to purchase any camera, radio, television set, lawn mower, typewriter, adding machine, calculating machine, copying machine, duplicating machine, tape recorder, tape player, cash register, still or moving picture projector or offset projector, dictating machine, record player, electric buffer, electric polisher, electric floor waxer, unless the item shall have plainly visible thereon the manufacturer's serial number or other identifying insignia;

D. That the place where the business is to be carried on is shown by a plat prepared by the applicant to be not less than five hundred feet from the nearest point of the building wherein such place is located to any elementary school, public, parochial or private, unless the business has the written approval of school and/or church.
(Ord. 57502 1, 1978; Ord. 55784 2 (part), 1971: 1948 C. Ch. 49 3: 1960 C. 700.031.)

For photography requirements, see 8.72.140

For serial or identifying numbers, see 8.72.150

Cases:

City ordinance requiring that no pawnbroker's license be issued without endorsement by the police commissioners that the applicant had "good moral character" and requiring that applicant install a "proper camera" and photograph customers and pawn tickets, upheld as reasonable regulation. Liberman v. Cervantes, 511 S.W. 2d 835 (1974).

An ordinance requiring pawnbrokers' records to be kept and available for examination by police officers and requiring photographs of customers to be taken and made available to such officers was held a valid exercise of the city's police power. City of St. Louis v. Lieberman, 547 S.W. 2d 452 (1977).

McQuillin:

24.335 Moneylending and pawnbrokers

8.72.035 License--Petition to be filed.

In addition to the application and plat, the applicant for a pawnbrokers license shall also file in the Board of Public Service, together with the application and plat, a written petition in favor of the issuance of such license, signed by a majority of the persons, if any, occupying premises or conducting any business on the main surface floor within the prescribed petition circle drawn by a radius of five hundred feet plus one-half of the width of the front of the premises, from the center of such premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises.
(Ord. 57502 2, 1978: 1960 C. 700.032.)

8.72.050 License--Separate for each place of business.

No pawnbroker shall be allowed to have more than one place for transacting the business of a pawnbroker without having first obtained a license for each place of business.
(1948 C. Ch. 49 11: 1960 C. 700.110.)

8.72.060 License--Revocation.

The License Collector of the City shall have power and authority to revoke any license issued under this chapter for any willful violation by a licensed pawnbroker of any of the provisions or conditions contained in this chapter. The license shall be revoked only after the licensee shall have been notified in writing at his place of business of the violations complained of and shall have been afforded a reasonable opportunity to have a hearing thereon before the license collector. No license in effect on February 6, 1971 shall be revoked for a violation of Section 8.72.140 until ninety days after February 6, 1971.
(Ord. 55784 2 (part), 1971: 1960 C. 700.150.)

8.72.070 Bond.

Every person to whom a license shall be granted to carry on the business of a pawnbroker shall annually enter into bond to the City, with good and sufficient security, to be approved by the License Collector, in the penal sum of one thousand dollars, conditioned that he will duly observe all ordinances as may be passed or in force respecting pawnbrokers.
(1948 C. Ch. 49 5: 1960 C. 700.050.)

8.72.080 Register--Required.

Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him which register shall show the date of all loans or purchases, and the names of all persons who have left any description of property on deposit as a collateral security or as a delivery on sale thereof. Opposite the name and date shall be written on plain hand the person's age and motor vehicle operator's or chauffeur's license number, or social security number or other identification of public record designated in a list of such items established by the License Collector; a full description of all property purchased or received on deposit as collateral security, the manufacturer's identifying insignia or serial number if applicable, the time when the loan falls due, the amount of purchase money or the amount loaned and the interest charged and the picture number. In addition to this, he shall give the party negotiating or selling, a plain written or printed ticket for the loan, and a plain written or printed receipt of the articles purchased having on each a copy of the entries required by this chapter to be kept in his register. For the ticket or receipt he shall not be entitled to make any charge.
(Ord. 55784 2 (part), 1971: 1948 C. Ch. 49 6: 1960 C. 700.061.)

8.72.090 Register--Inspection.

The register required by Section 8.72.080 shall at all times be open to the inspection of the Mayor, Chief of Police, Director of Public Safety, City Counselor or any of his associates or assistants, or any person authorized in writing by any one of such officers and who shall exhibit the written authority to the pawnbroker. Every pawnbroker shall provide the St. Louis Metropolitan Police Department, on a monthly basis, a copy of such register and a list of all tangible personal property accepted during the preceding month. The Chief of Police shall set the date on which such documents shall be due and shall establish such rules and regulations as may be required.
(Ord. 64878 2, 2000: 1948 C. Ch. 49 7: 1960 C. 700.070.)

8.72.100 Dealing with minors.

No pawnbroker shall receive by way of pledge or pawn any goods, articles or things whatever from a minor at any time.
(1948 C. Ch. 49 8: 1960 C. 700.080.)

V.A.M.S.:

563.780 Dealers or employees not to deal with minors

8.72.110 Hours.

No pawnbroker shall receive by way of pledge or pawn any goods, articles or things whatever from any person between the hours of eight p.m. and seven a.m.
(1948 C. Ch. 49 9: 1960 C. 700.090.)

8.72.120 Loans on parts of article.

No pawnbroker shall make any loan on the separate or divided part of any article.
(1948 C. Ch. 49 10: 1960 C. 700.100.)

8.72.130 Agents.

It shall be unlawful for any person to act as agent for a pawnbroker at any other place than the place of business stated in the application for a license.
(1948 C. Ch. 49 12: 1960 C. 700.120.)

8.72.140 Photographs of customers.

No pawnbroker shall accept any article or property as collateral security, or purchase any article or property unless he shall make a photograph of the person from whom the article or property is being received along with the receipt or pawn ticket given to the person; nor shall any pawnbroker refuse to deliver the photograph to any law enforcement officer upon request in connection with a specific item of stolen property, within one year following the date the photograph is taken. Every pawnbroker shall display a notice to his customers in a prominent place to the effect that he is required to photograph every person pawning or selling an item to him, by City ordinance.
(Ord. 55784 2 (part), 1971: 1960 C. 700.130.)

Cases:

An ordinance requiring pawnbrokers' records to be kept and available for examination by police officers and requiring photographs of customers to be taken and made available to such officers was held valid exercise of the city's police power. City of St. Louis v. Lieberman, 547 S.W. 2d 452 (1977).

8.72.150 Serial or identifying numbers.

No pawnbroker shall accept as collateral security or purchase any camera, radio, television set, lawn mower, typewriter, adding machine, calculating machine, copying machine, duplicating machine, tape recorder, tape player, cash register, still or moving picture projector or offset projector, record player, dictating machine, electric buffer, electric polisher, or electric floor waxer, unless said item shall have plainly visible thereon the manufacturer's serial number or other identifying insignia.
(Ord. 55784 2 (part), 1971: 1960 C. 700.140.)

8.72.160 Limits on number of licenses issued.

No new license for operating the business of pawnbroker shall be issued when the issuance thereof would increase the number of such licenses outstanding and in force at that time to more than one per each 30,000 inhabitants residing within the City according to the last Decennial Census of the United States. Neither the sale, reissuance, transfer or conveyance of an existing license to a qualified person, made pursuant to Chapter 8.72 of the Revised Code of the City of St. Louis, 1994 Annotated, nor the renewal of an existing license, shall be considered a new license for purposes of this section.
(Ord. 63461 1, 1995: prior: Ord. 59222 1, 1984.)

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