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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

Title 5. Chapter 10. Pawnbrokers

5-10-1. Definitions.

In addition to the definitions set forth in Section 5- 1-2, the following words and phrases used in this Chapter shall have the meanings herein prescribed:

Pawnbrokers: Any person engaged in the business of lending money on deposit or pledges of personal property or other valuable thing, other than securities or printed evidence of indebtedness, or in the business of purchasing personal property or other valuable things, and selling or agreeing to sell the same back to the seller at a price other than the original price of the purchase, or who sells unredeemed pledges with or without the contemporary sales of new merchandise.

Pledgee: The party to whom the goods are pledged or delivered in pledge.

Pledgor: The party pledging or delivering goods in pledge.

(Ord. 83-22, 12-07-83) 

5-10-2. License required - License fee.

(1) It shall be unlawful for any person to engage in the business of a pawnbroker in the City without having previously obtained a license to operate as a pawnbroker in accordance with the provisions of this Chapter. Such person shall make application for a license to the Recorder in such form as the Recorder shall require.

(2) The license fee for a pawnbroker shall be two hundred dollars ($200.00), per year.

(3) Fee payments and prorations as well as renewal billings shall be governed by Section 5-1-14 and Section 5-1-15.

(Ord. 83-22, 12-07-83) 

5-10-3. Display of license and ordinance.

Licenses shall be displayed prominently in the pawnbroker’s place of business together with a copy of all ordinances pertaining to the conduct or transactions of the pawnbroker business in such manner that they can be easily seen and perused by all who do business with such pawnbroker.

(Ord. 83-22, 12-07-83) 

5-10-4. Bond required.

Before any license is issued to a pawnbroker under the provisions of this Section, the applicant therefor shall execute and deliver to the City a bond in the principal amount of one thousand dollars ($1,000.00) executed by a corporate surety  authorized to do business in the State of Utah and conditioned upon the faithful performance of the licensee of all requirements under this Chapter.

(Ord. 83-22, 12-07-83) 

5-10-5. Disclosure provisions.

(1) It shall be unlawful for any pawnbroker or his or her agents or employees to fail to keep a permanent record of each loan, purchase or receipt of personal property. Said record shall be legibly written in ink and in the English language at the time of the transaction. No such record or any portion thereof shall be erased, obliterated or defaced. The record shall contain the following information with regard to each transaction:

(a) The date of the transaction;

(b) The name and address of the pledgor (if the pledged property is jointly owned each joint owner must be designated);

(c) An accurate description of the goods, articles or things pawned, including the serial number of the article, if any, the name of the manufacturer, if available, and the dimensional description, if applicable;

(d) The amount of money loaned or advanced thereon or paid therefor;

(e) The date and time of day of the pledging, purchasing and receiving such goods, articles or things, and the period of time within which pledge must be honored; and,

(f) The serial number of the pawn ticket.

(2) In connection with each article pawned, the pawnbroker shall make out a serially numbered three

(3) part ticket concerning any person(s) pawning property, in a form previously approved by the Police Department, and shall contain the following information:

(a) The following information concerning the pledgor:

(i) The last, first and middle name;

(ii) The signature of the pledgor;

(iii) The street address, city, state, zip code;

(iv) Phone number;

(v) Sex (male or female);

(vi) Date of birth;

(vii) Height;

(viii) Weight;

(ix) Race;

(x) Scars / marks;

(xi) Identification used and pertinent numbers;

(xii) Right thumbprint;

(b) The name of the person accepting the pledged property for the pawnbroker; and,

(c) A signed statement certifying that the described property has not been obtained by an illegal means and is the pledgor’s property and is free and clear of any encumbrances and that the pledgor has a legal right to sell the pledged property.

(3) The disposition of each three (3) part ticket shall be made as follows:

(a) The original shall be retained by the pawnbroker (pledgee);

(b) The first copy retained by the person (pledgor) pawning the article; and,

(c) The second copy shall be maintained on the pawnbroker’s premises and delivered to any representative of the Tooele City Police Department upon request during regular business hours.

(d) All of the above required records and information shall be open to the inspection of any police officer during regular business hours.

(4) It shall be a misdemeanor for a pawnbroker or his or her agent or employee to issue any pawn ticket which is not serially numbered in sequence and shown in the ledger book referred to in paragraph (a) above, or to intentionally falsify any information on either the ledger or the three (3) part pawn ticket.

(Ord. 83-22, 12-07-83)

5-10-6. Redemption and disposition of pawned articles - Interest rates.

(1) It is unlawful for any pawnbroker, or his or her agents or employees to deliver or to sell or to otherwise dispose of any pawned item for a period of sixty (60) days from the date of receiving same to any person other than pledgor.

(2) If requested to do so by a police officer, all goods, articles or things pawned, pledged, sold or delivered to a pawnbroker or his or her agents or employees shall be released to the Tooele City Police Department upon proof that the item was not owned by the pledgor. The Police Department shall hold the article until such time as criminal proceedings concerning the article are fully resolved.

(Ord. 83-22, 12-07-83) 

5-10-7. Dealing with proscribed persons.

It shall be unlawful for a pawnbroker to receive any goods, articles or other things in pawn or in pledge, or to lend or allow to be redeemed any such article by a person who at the time of the transaction is intoxicated, or who is known to the pawnbroker to be an habitual drunkard, or any person who is known to be a thief, insane or incompetent, or to any person under the age of eighteen (18) years.

(Ord. 83-22, 12-07-83) 

5-10-8. Protection of minors.

It shall be unlawful for any pawnbroker to sell or trade any gun or any knife with a blade in excess of four (4) inches long to any person under the age of eighteen (18) years of age, unless said person is accompanied by his legal guardian or parent.

(Ord. 83-22, 12-07-83) 

5-10-9. Hours.

It shall be unlawful for any pawnbroker to receive any goods by way of pledge or pawn before the hour of 7:00 a.m. or to keep his business open after 7:00 p.m.; provided, however, that on Saturday of each week and on days preceding legal holidays and the last fifteen (15) days of December of each year, it shall be lawful for a pawnbroker to keep his business open until 8:00 p.m.

(Ord. 83-22, 12-07-83) 

5-10-10. Ownership of pawned property.

It shall be unlawful for any pawnbroker to accept materials in pledge or pawn from other than the lawful owner thereof except with written permission of the owner. Any article pawned or pledged to a pawnbroker by other than the owner shall be surrendered to the real owner thereof upon presentation of proof of ownership of the pawned article by the real owner. Failure of the pawnbroker to surrender such materials forthwith upon demand by the true owner and after exhibition of proof of ownership shall be a misdemeanor.

(Ord. 83-22, 12- 07-83) 

5-10-11. Unlawful acts.

A person commits theft if he receives, retains or disposes of the property of another knowing that it has been stolen, or believing that it has probably been stolen, or who conceals, sells, withholds or aids in concealing, selling or withholding any such property from the owner, knowing the property to be stolen, with a purpose to deprive the owner of the possession thereof, and shall be in violation of the provisions contained in Tooele City Code, Section 11-6-17.

(Ord. 87-24, 01-02-88; Ord. 83-22, 12-07-83) 

5-10-12. Separate rooms.

It shall be unlawful for any pawnbroker to contain his pawnbroker business in the same room, or in the same building with interconnected rooms, with any business dealing in alcoholic beverages.

(Ord 83-22, 12-07-83) 

5-10-13. Liability of principal.

The holder of a pawnbroker’s license is liable for any and all acts of his employees in violation of this Chapter.

(Ord. 83-22, 12-07-83) 

5-10-14. Violation a misdemeanor.

Violation of the provisions of this Chapter is a misdemeanor punishable as provided in Section 5-1-33.

(Ord. 83-22, 12-07-83) 

 

Click Here for a .pdf copy of Title5 Chapter10

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

 

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