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HomeMy WebLinkAbout10/21/2014 11 Secondhand Property Dealers Reporting Requirements; YMC Amendment Chapters 5.54 and 5.70BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11. For Meeting of: October 21, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Ordinance amending and adding to the City of Yakima municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64), and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses SUBMITTED BY: Bronson Faul, Assistant City Attorney SUMMARY EXPLANATION: This ordinance amends Chapters 5.54, 5.64, and 5.70 of the Yakima Municipal Code to modify and clarify the reporting requirements of secondhand property dealers and to include requirements for obtaining valid identification for such transactions. This ordinance also adds Violation and Penalty requirements for Chapters 5.54, 5.64, and 5.70 of the Yakima Municipal Code for second hand Property dealers in the City of Yakima. Resolution: Other (Specify): Contract: Contract Term: Start Date: End Date: Amount: Ordinance: X Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: Public Safety City Manager RECOMMENDATION: Pass the Ordinance. ATTACHMENTS: Description Ordinance re Reporting requirements for used property dealers Ordinance re Reporting requirements for used property dealers Upload Date Type 10/13/2014 10/13/2014 Ordinance Ordinance AN ORDINANCE ORDINANCE NO. 2014 - amending and adding to the City of Yakima municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.54.040 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima shall at all times keep and 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: 1. The signature of the person with whom the transaction is made; 42. The date of the transaction; 32. The name of the person or employee conducting the same; 43.. The name, date of birthage, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; street of hair and facial appearance of the person with whom the purchase is made; /1. The name, street and house number of the owner of the property bought or received in pledge; 5. The street and house number of the place from which the property bought or received in pledge was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or 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, and a full copy of both sides of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 76. A description of the property bought or received in pledge, including a photograph of the property, —which in the case of watches, clocks and bicycles, motorcycles, automobiles, guns and revolvers, cameras, tires or any other kind or character of property having a number or numbers, shall contain the name of the maker and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the articles purchased are furniture or the contents of any house or room, actually inspected on the premises, a general record of the transaction shall be sufficient; . The price paid or the amount loaned; . The names, street and house numbers of all persons witnessing the transaction; g10. The number of any contract or pawn ticket received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the attorney, chief of police or any other police officer of the city of Yakima. (Ord. A- 581 § 4, 1921) . Section 2. Section 5.54.050 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, reportfurnish to the chicf of policc of said city, in the manner prescribedon such forms as by the chief of police, may provide therefor, a full, true and correct transcript of the records of all loans, sales or purchases made and transactions had on the preceding day, a photograph of any property involved, and if he has good cause to believe that any of the property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person from whom the same was received by him. (Ord. A-581 § 5, 1921). Section 3. Section 5.54.100 of the Yakima Municipal Code is added to read as follows: 5.54.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 4. Section 5.64.050 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima shall at all times keep and 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 purchase or sale, a record thereof containing: 1. The signature of the person with whom the transaction is made; f -43Z The date of the transaction; 9)3. The name of the person or employee conducting the same; (3)4. The name, date of birthage, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; made; yl) The name, street and house number of the owner of the property purchased; (5)5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or 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, and a full copy of both sides of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; {}7. A description of the property purchased, including a photograph of the property„ which in the case of watches, clocks, bicycles, motorcycles, automobiles, or any other kind or character of property having a number or numbers, shall contain the name of the maker, and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the article purchased is furniture or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient; provided, further, that where any of such articles bear numbers, letters or other marks of identification, not more than two of the most prominent thereof need be given; and provided, further, that marks on articles of less value than twenty-five cents need in no event be given. {.7-}8. The price paid; {.8}9. The names, street and house numbers of all persons witnessing the transaction; (9)10. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the city manager, city attorney, chief of police or any other police officer of the city of Yakima. (Ord. A-620 § 5, 1921). Section 5. Section 5.64.060 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima shall, at the request of the chief of police, shall before noon of every day, reportfurnish to in the manner prescribed by the chief of police, on such forms as the chicf of policc may provide therefor, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, a photograph of any property involved in a purchase or transaction, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 6. Section 5.64.100 of the Yakima Municipal Code is added to read as follows: 5.64.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 7. Section 5.70.020 of the Yakima Municipal Code is amended to read as follows: The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 19.60.025 Duty to record information Precious metal property. 19.60.0'12 Report to chief law enforcement officer Precious metal dealers. 19.60.057 Retention of precious metal property—Inspection. 19.60.067 Secondhand precious metal dealers—Prohibited acts—Penalty. 19.60.077 Precious metal dealers—Licensure required. 19.60.095 Precious metal sales—Hosted home parties. (Ord. 2012-19 § 1 (part), 2012). Section 8. Section 5.70.021 of the Yakima Municipal Code is added to read as follows: 5.70.021 Register Every secondhand precious metal dealer doing business in the city of Yakima shall at all times keep and 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 purchase or sale, a record thereof containing: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or 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, and a full copy of both sides of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A complete description of the precious metal property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, patter, and color of stone or stones and a photograph of the property; 8. The price paid; 9. The names, street and house numbers of all persons witnessing the transaction; 10. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of the chief of police or any other police officer of the city of Yakima, and shall be maintained wherever that business is conducted for three years following the date of the transaction. (Ord. A-620 § 5, 1921). Section 9. Section 5.70.025 of the Yakima Municipal Code is added to read as follows: 5.70.025 Daily Report Every secondhand precious metal dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, a photograph of any property involved in a purchase or transaction, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 10. Section 5.70.100 of the Yakima Municipal Code is added to read as follows: 5.70.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 11. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this 21s1 day of October, 2014. ATTEST: Micah Cawley, Mayor Publication Date: Effective Date: City Clerk AN ORDINANCE ORDINANCE NO. 2014 - amending and adding to the City of Yakima municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.54.040 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima shall at all times keep and 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: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property bought or received in pledge was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or 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, and a full copy of both sides of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A description of the property bought or received in pledge, including a photograph of the property, which in the case of watches, clocks and bicycles, motorcycles, automobiles, guns and revolvers, cameras, tires or any other kind or character of property having a number or numbers, shall contain the name of the maker and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the articles purchased are furniture or the contents of any house or room, actually inspected on the premises, a general record of the transaction shall be sufficient; 8. The price paid or the amount loaned; 9. The names, street and house numbers of all persons witnessing the transaction; 10. The number of any contract or pawn ticket received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the chief of police or any other police officer of the city of Yakima. (Ord. A-581 § 4, 1921). Section 2. Section 5.54.050 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all loans, sales or purchases made and transactions had on the preceding day, a photograph of any property involved, and if he has good cause to believe that any of the property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person from whom the same was received by him. (Ord. A-581 § 5, 1921). Section 3. Section 5.54.100 of the Yakima Municipal Code is added to read as follows: 5.54.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 4. Section 5.64.050 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima shall at all times keep and 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 purchase or sale, a record thereof containing: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or 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, and a full copy of both sides of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A description of the property purchased, including a photograph of the property„ which in the case of watches, clocks, bicycles, motorcycles, automobiles, or any other kind or character of property having a number or numbers, shall contain the name of the maker, and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the article purchased is furniture or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient; provided, further, that where any of such articles bear numbers, letters or other marks of identification, not more than two of the most prominent thereof need be given; and provided, further, that marks on articles of less value than twenty-five cents need in no event be given. 8. The price paid; 9. The names, street and house numbers of all persons witnessing the transaction; 10. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the chief of police or any other police officer of the city of Yakima. (Ord. A-620 § 5, 1921). Section 5. Section 5.64.060 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, a photograph of any property involved in a purchase or transaction, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 6. Section 5.64.100 of the Yakima Municipal Code is added to read as follows: 5.64.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 7. Section 5.70.020 of the Yakima Municipal Code is amended to read as follows: The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 19.60.057 Retention of precious metal property—Inspection. 19.60.067 Secondhand precious metal dealers—Prohibited acts—Penalty. 19.60.077 Precious metal dealers—Licensure required. 19.60.095 Precious metal sales—Hosted home parties. (Ord. 2012-19 § 1 (part), 2012). Section 8. Section 5.70.021 of the Yakima Municipal Code is added to read as follows: 5.70.021 Register Every secondhand precious metal dealer doing business in the city of Yakima shall at all times keep and 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 purchase or sale, a record thereof containing: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or 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, and a full copy of both sides of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A complete description of the precious metal property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, patter, and color of stone or stones and a photograph of the property; 8. The price paid; 9. The names, street and house numbers of all persons witnessing the transaction; 10. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of the chief of police or any other police officer of the city of Yakima, and shall be maintained wherever that business is conducted for three years following the date of the transaction. (Ord. A-620 § 5, 1921). Section 9. Section 5.70.025 of the Yakima Municipal Code is added to read as follows: 5.70.025 Daily Report Every secondhand precious metal dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, a photograph of any property involved in a purchase or transaction, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 10. Section 5.70.100 of the Yakima Municipal Code is added to read as follows: 5.70.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 11. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this 21st day of October, 2014. ATTEST: Micah Cawley, Mayor Publication Date: Effective Date: City Clerk