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Home My WebLink About219 04-14-1964ORDINANCE NO. 219 AN ORDINANCE REGULATING PAWN BROKERS DEFINING CERTAIN TERMS, REGULATING OPENING AND CLOSING HOURS, REQUIRING A REGISTER AND POLICE REPORTS, PROVIDING FOR INSPECTION AND REGULATING TIME SALE OF PAWNED ARTICLES, RE- QUIRING A BOND, PROHIBITING PAWN TRANSACTIONS WITH MINORS, PROVIDING A FINE OF NOT LESS THAN $25 AND NOT MORE THAN $200.00 FOR EACH VIOLA- TION, PROVIDING A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. BE IT O ^DAI3rD BY THE CITY COUNICIL Or '1Nr CI^'Y CF EULPSc, TEXAS: Section 1 - Jefinition. (a) A pawnbrolrer is one who pursues the business of lendin^ money upon interest and receiving; upon deposit any personal property as security for payment of such loans and interest. (b) Pawnbroking establishment shall mean a place of business where the business of pawnbrot.in<; is transacted. (c) Person as used in this Ordinance shall include any person, Rroup of persons, firm or corporation. Section 2 - Hours of Business. It shall be unlawful for any person ownin- or operatin^ a pawnbro'.:in^ establishment to ' eep open suc', pawne:ro'-in- establishment for the transaction of pawnbro'rin- business, in Whole or part, directly or indirectly, between tT•,e hours of 7 :00 o'cloc?- p.m. and 8 :00 o'cloc'- a.m.; provided, however, t?- -at on Saturday pawnbro"-in- establis'?ments may open for business at 8 :00 o'cloc'• a.m. and remai -n open until `':00 o'cloc'- p.m. but shall remain closed on Sunday until V- -e followin- Monday morn4.,r- a' 8:00 o'cloc'- a.m. Section 3 - Required Record of Trans ac t-7ons. All pawnbro'-ers doin- business in t?,e C4 1-y of ruless, Texas, shall at all times '-eep and maintain a well bound boo'- to be '-ept open for inspection by City and other public officials. -_n Wiic'-' book said pawnbro:er shall register legibly in triplicate all transactions in pawn at the time the same occurs. Such register shall show: (a) Date of the transaction; (b) Name, address, drive::'s license number and social security number of the person pawning or selling property; (c) A complete and accurate description of the article or pro- perty pawned. This description shall include identification, serial numbers, model numbers, color and make, if any; and the esi:ima.ted market value of such article; (d) The period of time for which. �h2 article is pawned, the amount of money granted in consideration of such pawn and the rate of in- terest charged on the pawn transaction; (e) The signature and permanent address of the person pawning an article of property. In the event a person pawning an article cannot write, he will be required to make his mark in the presence of two disin- terested witnesses who are not related or employed by the pawnbroker or the person making the pawn; (f) The name of the person receiving the article of property placed in pawn or sold (g) The final disposition made of such pawned property and if sold, the name and permanent address of the purchaser and the amount for which each article was sold. The original of such record of pawn transac- tions shall be kept and maintained in the pawnbroker's record book in chrono- logical order and shall at all times be open to inspection by the Chief of Police or any member of the police force of the City of Euless. Section 4 - Police Report. The first copy of such pawn transactions record required in Section 3 above shall be delivered to the Chief of Police of the City of Euless not later than the hour of 10:00 a.m. of the day following the day of each transaction in pawn; such report shall be signed by the pawnbroker and certified as true and correct. Section 5 - Pawn Tickets. The Pawnbroker shall give to the person pawning an article a pawn ticket corresponding to the entry in the record of transactions in pawn as required by Section 3 above. Section 6 - Sales at Public Auction. If any article deposited with such broker as a pawn shall not be redeemed at or before the time agreed upon, the broker shall sell the same at public auction to the highest bidder for cash, at his usual place of business after giving at least five days' notice of such sale. Section 7 - Notice of Sale. Such notice of sale shall be given by posting or written or printed advertisements at not less than three public places in the corporate limits of the City of Euless, one of which places shall be the bulletin board ate the police station of the City of Euless. Section 8 - Text of Notices. Such advertisements of s.le shall state the time and place of such sale, and shall contain a full description of each article to be sold, and the name of the person depositing the sane, and a copy thereof shall be filed in the office of the Chief of Police of the City of Euless. Section 9 - Time of Sales. All such sales made by a pawnbroker shall be made between the hours of ten o'clock a.m. and four o'clock p.m., and no sales shall be made upon Sunday or upon a legal holiday. Section 10 - Report of Sale. 11hen a sale has been made the pawnbroker shall, within the five days thereafter, file with the Chief of Police of the City of Euless, a report in writing and under oath, showinm; (a) The time and Place of such sale. (b) The notice given thereof. (c) A full description of the property sold and by whom depos- ited. (d) By Whom purchased and the amount for which each article was sold. (e) The amount due the broker, principal, interest and expen- ses upon each article sold. (f) The amount of surplus of the proceeds of sale of each art- icle, if any, after deducting the amount due the broker of principal, inter- est and expenses. Section 11 - Yearly Bond. No person shall pursue the business of pawnbroker without first having given bond in the sum of One Thousand ($1,000.00) Dollars, payable to the City of Euless, approved by the City Attorney, and filed with the City Secretary of the City of Euless, executed by the pawnbroker as prin- cipal and a corporate surety duly authorized to do business in the State of Texas, conditioned that he will faithfully comply with each requirement of the law governing such business. A new bond shall be given in the same manner every twelve months during the continuance of such business. Such bond shall be at all times filed and safely kept in the office of the City Secretary of the City of Euless. Section 11 (A) - Transactions with P•Iinors. No pawn transaction shall be made with minors under the age of twenty -one years without joinder of the minors' father or lecal guardian. Section 12 - Recourse of Injured Persons. Any person injured by the failure of a pawnbroker to comply faith- fully with his contract, or with any requirement of law noverninf7 the busi- ness of pawnbrokerage, may sue upon the bond of such pawnbroker and recover such damages as he may prove himself entitled to, not to exceed the penalty of such bond. Section 13 - Regulation of Pledges. No bond, note, security or personal property of any kind received l on deposit, purchased or pledged by any such p,.wrbroker, shall be sold or permitted to be redeemed or removed from +.,e �'_ac:e of business of such pawnbroker for the space of twee �-y -fo_.r (24) hours after the copy and statement provided for in this ordinance has been delivered to the Chief of Police of the City of Euless. Section 14 - Alteration of Records. It shall be unlawful for any such pawnbroker to alter, change or obliterate any entry in the book of records or in the report blank. Section 15 - Penalty for Violation. Any person or persons violating any of the terms or provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined not lest then twenty -five "($25.00) and not more than two hundred dollars ($200.00)1 and each and every day any such violation exists shall constitute a seperate and distinct offense. Section 16 - Partial Invalidity. If any section, paragraph, phrase or provision of this Ordinance is declared void or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall be unaffected by such holding of invalidity. Section 17 - Emergency Because the pawnbroking business concerns the title and possess- ion of property and questionable interest rates and further involves the possible traffic in stolen goods and properties, an emergency is created and it is the best interest of the health, safety and welfare of the cit- izens of Euless and their property rights that the rule requiring ordinan- ces be read more than one time before their passage, should be suspended and is herby suspended and this Ordinance shall take effect immediately af- ter its passage and publication. PASSED AND APPROVED by the City Council of the City of Euless, this the 14th day of April , 1964. /s/ W. G. Fuller MAYOR ATTEST /s/ Vada Ferris City Secretary