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TC Ord. No. 1997-10 Amending Title 5 of the Town of Avon code to provide for the regulation of pawnbrokersORDINANCE NO. 97 -10 AN ORDINANCE AMENDING TITLE 5 OF THE TOWN OF AVON MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF PAWNBROKERS Be it ordained by the Town Council of the Town of Avon, Colorado, as follows: SECTION 1. Title 5 of the Town of Avon Municipal Code is hereby amended by the addition of a Chapter 5.28 as follows: CHAPTER 5.28 PAWNBROKERS Sections: 5.28.010 5.28.020 5.28.030 5.28.040 5.28.050 5.28.060 5.28.070 5.28.080 5.28.090 5.28.100 5.28.110 5.28.120 5.28.130 5.28.140 5.28.150 Definitions License required. Application. Application fee. Investigation. Denial - Suspension - Revocation Transferability - Change of Ownership of Corporation Structure. Manager - Change of Manager. Expiration and annual renewal. Annual license fee Bond Required. Town Manager's approval required. Books and records. Pawn Tickets. - Change of Transfer of pawn ticket generally - transfer to pawnbroker. 5.28.160 Loss of pawn ticket. 5.28.170 Adverse Claims. 5.28.180 Altered pawn ticket. 5.28.190 Seizure of Counterfeit or reportedly lost pawn ticket - seizure of counterfeit or fraudulent identification. 5.28.200 Interest rate - commission. 5.28.210 Intermediate payments - Receipts. 5.28.220 Property held - Time limit - sale of unredeemed articles. 5.28.230 Sale of articles represented by pawn tickets transferred to pawnbroker. 5.28.240 Hold order. 5.28.250 No deficiency or offsets permitted. 5.28.260 Unlawful transactions. 5.28.270 Unlawful to pawn certain items. 4.28.280 Safekeeping - insurance. 5.28.290 Accepting lost or stolen articles. 5.28.300 Notice to Avon Police Department 5.28.310 Liability of pledged property. 5.28.320 Removal of place of business. 5.28.330 Investigation - Right of Entry. 5.28.010 DEFINITIONS. (a) "Contract for purchase" means a contract entered into between a pawnbroker and a customer pursuant to which money is advanced to a customer on the condition that a customer, for a fixed price and within a fixed period of time, not to exceed ninety days, has the option to cancel said contract. (b) "Fixed price" means that amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed one -tenth of the original purchase price for each month plus the original purchase price on amounts of fifty dollars or over, or one -fifth of the original purchase price for each month plus the original purchase price on amounts under fifty dollars. (c) "Fixed time" means that period of time, not to exceed ninety days, as set forth in a contract for purchase for an option to cancel said contract. (d) "Manager" means an individual employee of a pawnbroker who directs the business of the pawnbroker and who is in direct control of the pawnbrokering business. (e) "Optic" means the fixed time and the fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may but does not have to be rescinded by the customer. (f) "Pawnbroker" means a person, partnership, or corporation regularly engaged in the business of making contracts for purchase or purchase transactions in the course of his business. (g) " Pawnbrokering" means the business of a pawnbroker as defined by this section. (h) "Pledge" or "pledged property" means_ any tangible personal property deposited with a pawnbroker pursuant to a 2 contract for purchase in the course of his business as defined in this section. (i) "Pledgor" means a customer who delivers a pledge into the possession of a pawnbroker. (j) "Purchase transaction" means the purchase by a pawnbroker in the course of his business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase. (k) "Tangible personal property" means all personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a contract for purchase or a purchase transaction. 5.28.020 LICENSE REQUIRED. It is unlawful for any person, firm or corporation to conduct the business of pawnbroker within the town limits unless such person, firm or corporation shall have first obtained a "pawnbroker's license" from the Town. 5.28.030 APPLICATION. (a) All applicants for a pawnbroker's license shall file an application for such license with the Town Clerk on forms to be provided by the Clerk. Each individual applicant, partner of a partnership, officer, director, and holder of ten percent or more of the corporate stock of the corporate applicant, and all managers, shall be named in each application form, and each of them shall be photographed and fingerprinted by the Avon Police Department; and each of them shall furnish three letters of character reference from residents of the Town or the surrounding area. Each individual applicant, partnership, and corporate applicant shall, in addition, furnish as an attachment to and part of such application evidence that the proposed establishment meets the requirements of the zoning ordinance, proof of the applicant's right to possession of the premises wherein the business of pawnbrokering will be conducted, a Financial Questionnaire, Consent to Release Financial Information, and a current personal financial statement or a balance sheet and income account statement for the preceding twelve month period prior to the date of the application. Each corporate applicant shall furnish evidence that it is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation , evidence that it is currently authorized to do business in the State of Colorado. 3 (b) No pawnshop shall be established, operated or maintained within 500 feet of any public or private school, including without limitation, pre - school or day -care center, elementary, secondary or high school; provided, however, this provision shall not apply to those pawnshops established, operated and maintained as of the effective date of this requirement in their present locations, and within their present configurations. Said 500 foot distance shall be measured directly and horizontally from the property line of the school and the property line of the pawnshop. 5.28.040 APPLICATION FEE. Each applicant, whether an individual, partnership, or corporation, shall pay an application fee of one hundred fifty dollars at the time of filing an application. Such application fee shall be nonrefundable. 5.28.050 INVESTIGATION. On receipt of a properly completed application, together with all information required in connection therewith, fingerprints and photographs, and the payment of the application and license fees, the Town Clerk shall transmit the application to the Avon Police Department for investigation of the background, character and financial responsibility of each individual applicant, the partners of a partnership, the officers, directors, and holders of ten percent or more of the stock of a corporation, and each person named as manager of a proposed pawnbroker's establishment. Each applicant shall pay a nonrefundable investigation fee in the amount set by the State of Colorado from time to time for each person who will be investigated at the time the application is filed. The Town of Avon Police Department shall furnish the results of such investigation to the Town Clerk, together with a recommendation with respect to the granting or denial of the license, and reason therefor. 5.28.060 DENIAL - SUSPENSION - REVOCATION. (a) The application of any applicant may be denied, or after notice and hearing, an existing license may be suspended or revoked by the Town Manager or his designee, if it is shown that the individual applicant, any partner of a partnership, any officer, director, or holder of ten percent or more of the stock of a corporate applicant, or any manager of a pawnbroker's establishment, is not of good moral character so as to reasonably assure that the operations of the pawnbroker's establishment will be conducted lawfully and in a manner which will not be detrimental to the public interest or well- being. Having been adjudged in any civil or criminal proceeding to have indulged in business or trade practices prohibited by law, or convicted of any felony or other offense involving moral turpitude and pertinent circumstances connected therewith, shall be considered in determining whether, 4 in fact, an individual applicant, partner, or director, officer, or holder of ten percent or more of a corporate applicant's stock, or a manager of the pawnbroker's establishment, is a person of good moral character at the time of the application, or time of review for possible suspension or denial. (b) The fact that an individual applicant, partnership, or corporation is not financially responsible, not in good standing, or not authorized to do business in Colorado, may also be grounds for denial, suspension, or revocation of a pawnbroker's license. As used herein, "financially responsible" means having sufficient income and assets to defray expenses and provide for liabilities of the - business as they become due. (c) Any pawnbroker found to be in violation of any of the provisions of this chapter may have his license suspended or revoked after notice and hearing before the Town Manager or his designee. Such suspension or revocation shall be at the direction of the Town Manager or his designee, and further, at his discretion, and for good cause shown at a revocation or suspension hearing, the Town Manager or his designee may declare the pawnbroker ineligible for relicensing for the purpose of carrying on the business of pawnbrokering within the town limits at any future time. Notwithstanding the above, a pawnbroker may apply for relicensing and present evidence of rehabilitation at an administrative hearing before the Town Manager or his designee. A pawnbroker may be granted a new license provided the Town Manager or his designee finds adequate evidence of rehabilitation was presented to show the pawnbroker is ready to accept the responsibilities of a law- abiding and productive member of society. 5.28.070 TRANSFERABILITY - CHANGE OF OWNERSHIP - CHANGE OF CORPORATE STRUCTURE. Licenses issued under this chapter shall not be transferable. Any change in the partners of a partnership or in officers, directors, or holders of ten percent or more of the stock of a corporate licensee holding a pawnbroker's license shall result in termination of the license of the partnership or corporation, unless such licensee within thirty days of any such change, files a written notice of such change with the Town Clerk and pays a nonrefundable fee of fifty dollars. Any such change shall be reported on forms provided by the Town Clerk and shall require the names of all new partners, officers, directors, and all holders of ten percent or more of the corporate stock who were not previously holders of such amount of stock, all of whom shall be required to furnish, together with such notice, all of the information required from such persons in connection with an original application, three letters of character reference from residents of the town or the surrounding metropolitan area, and 5 each person shall be photographed and fingerprinted. Each person shall then be investigated by the Town of Avon Police Department as provided in Section 5.28.050. Grounds for denial of any such transfer of corporate stock ownership, change of corporate structure, partnership, and termination of the license thereon, shall be the same as for denial of the license under Section 5.28.060. 5.28.080 MANAGER - CHANGE OF MANAGER. (a) A pawnbroker may employ a manager to operate a pawnbrokering business, provided the pawnbroker retains complete control of all aspects of the pawnbrokering business, including but not limited to the pawnbroker's right to possession of the premises, his responsibility for all debts, and the pawnbroker must bear all risk of loss or opportunity for profit from the business. (b) In the event a licensee changes the manager of a pawnbroker establishment the licensee shall immediately report such change and register the new manager on forms provided by the Town Clerk within thirty days of such change. The new manager shall be photographed, fingerprinted, and furnish three letters of character reference rom residents with the town or within the surrounding metropolitan area, and shall be investigated by the Town of Avon Police Department as provided in Section 5.28.050. The licensee shall pay an investigation fee in the amount established by the State of Colorado and a manager registration fee of fifty dollars. Failure of a licensee to report such a change or failure of the manager to meet the standards and qualifications as required in Section 5.28.060 shall be grounds for termination of the license. 5.28.090 EXPIRATION AND ANNUAL RENEWAL. Each license issued pursuant to this chapter shall be for a period of one year from the date of issuance, and an application for renewal shall be filed not less than thirty days prior to the expiration of the period for which the license is issued. A late renewal may be approved by the Town Manager or his designee if good cause is shown for the late filing of the renewal application. When an application for renewal is received in proper form by the Town Clerk, together with a nonrefundable renewal application fee of fifty dollars, the Town Clerk shall refer the renewal application to the Town of Avon Police Department for investigation and its recommendation with respect to other approval or denial of the renewal application. An investigation shall be made by the Town of Avon Police Department unless the Chief of Police, or his designee, in his discretion, deems an investigation unnecessary and elects to recommend approval without such investigation. 5.28.100 ANNUAL LICENSE FEE. The annual license fee for 11 carrying on the business of pawnbrokering shall be four hundred dollars, payable to the Town Clerk at the time an initial application for a license is filed or at the time a renewal application is filed. Annual license fees shall be nonrefundable unless an application is denied. 5.28.110 BOND REQUIRED. Every applicant for a pawnbroker's license shall furnish a bond with a responsible surety, to be approved by the Town Manager or his designee, in the amount of ten thousand dollars, for the benefit of the People of the State of Colorado, reconditioned upon the safekeeping or return of all tangible personal property held by the pawnbroker, as required by law and ordinance, and the due observance of the provisions of this chapter. No license shall be issued or renewed absent such approved bond. Termination or cancellation of an approved bond shall be grounds for summary suspension of the license and for subsequent revocation if a new bond is not furnished within thirty (30) days after demand by the Town Manager or his designee. 5.28.120 TOWN MANAGER'S APPROVAL REQUIRED. The Town Manager or his designee shall have final authority to approve or deny any application or application for renewal, and to review any determination of the Town Clerk and the Town of Avon Police Department made with respect thereto. The Town Manager or his- designee in his discretion may issue the license or reject the application upon the basis of criteria heretofore set forth, the recommendations of the Town of Avon Police Department, the findings of the Town Clerk and his determination of whether the applicant has made a sufficient showing of good moral character, financial responsibility, experience and general fitness to command the confidence of the public and to warrant the belief that the business will be operated lawfully, honestly, and efficiently. 5.28.130 BOOKS AND RECORDS. (a) A pawnbroker shall keep an alphabetical index of the names of customers and numerical register in which he shall legibly record the following information in the english language, in ink, and contemporaneously with each contract for purchase or purchase transaction: (1) The name of the customer; (2) The address of the customer; (3) The date of birth of the customer; (4) The Social Security number of the customer; (5) The number of the customer's valid Colorado driver's license, or one of the following alternative forms of identification: 7 (A) Valid Colorado identification card; (B) A valid driver's license, with photograph, issued by another state; (C) Military identification card; (D) Valid passport; (E) Alien registration card; (F) An identification document, with photograph, issued by the state or federal government, if the pawnbroker obtains a clear- imprint of the customer's right index finger; (6) The date, time and place of the contract for purchase or purchase transaction. (7) An accurate, detailed account and description of each item of tangible personal property including but not limited to any trademark, identification number, serial number, model number, brand name, or identifying marks on such property and (8) The signature of the customer. (b) The pawnbroker shall obtain a written declaration of the customer's ownership which shall state that the tangible personal property is totally owned by the customer, how long the customer has owned the property, whether the customer or someone else found the property, and if the property was found, the details of the finding. The customer shall sign his name in the register and on the declaration of ownership and receive a copy of the contract for purchase or a receipt of the purchase transaction. (c) The pawnbroker shall keep the register for at least three years after the date of the last transaction entered in the register. The register shall be kept in a place which is reasonably safe from destruction or theft. (d) Such register shall be open to the inspection of any Town of Avon Police Department agent. Upon the demand of such agent, the pawnbroker shall produce and show any tangible personal property given to the pawnbroker in connection with any contract for purchase or purchase transaction. The pawnbroker's books shall list the date on which each contract for purchase was canceled; whether it was redeemed, or forfeited and sold. (e) Every pawnbroker shall provide the Town of Avon Police Department with records, on forms approved by the Town of Avon Police Department, of any tangible personal property accepted by the pawnbroker pursuant to a contract for purchase or a purchase transaction and copies of each customer's declaration of ownership. The form shall contain the same information required 0 to be recorded in the pawnbroker's register pursuant to this section. The required forms shall be mailed to the Town of Avon Police Department within seven days of each contract for purchase or purchase transaction. 5.28.140 PAWN TICKETS. At the time of making a contract or purchase or upon the subsequent renewal of any contract for purchase the pawnbroker shall deliver to the customer a pawn ticket from a bound book containing stubs, which book and stubs are correspondingly serially numbered, and which stubs shall contain the following information: The name and address of the licensee; a description of the pledge sufficient to adequately identify the pledge; the date of the transaction; the amount, duration, and terms of the contract for purchase, language which represents suitably Section 5.28.140 through 5.28.160 shall appear on the back of the pawn ticket. The pawnbroker may insert on the pawn ticket any other terms, conditions, and information not inconsistent with the provisions of this chapter. 5.28.150 TRANSFER OF PAWN TICKET GENERALLY - TRANSFER TO PAWNBROKER. The holder of the pawn ticket shall be presumed to be the person entitled to cancel the contract for purchase and except as provided otherwise in this chapter, the pawnbroker shall deliver the pledge to the person presenting the pawn ticket on payment of principal and charges and upon surrender of the pawn ticket. The holder of any pawn ticket may transfer same to the issuing pawnbroker by writing upon the ticket "Transferred to (name of pawnbroker)" and signing same under such writing. The effect of transferring a pawn ticket to the issuing pawnbroker shall be to vest in the pawnbroker such ownership and title to the pawn ticket and the pledged property represented thereby as the holder had. The pawnbroker may thereafter sell the pledged property in accordance with the provisions of Section 5.28.230. Every instance of transference of a pawn ticket to a pawnbroker shall be reported within seven (7) days to the Town of Avon Police Department on a form to be approved by the Town of Avon Police Department. 5.28.160 LOSS OF PAWN TICKET. If a pawn ticket is lost, destroyed, or stolen the customer shall so notify the issuing pawnbroker in writing. Before permitting the cancellation of the contract for purchase or issuing a duplicate pawn ticket, the pawnbroker may, in addition to satisfying himself of the validity of the claim, require the customer to make an affidavit of the alleged loss, destruction, or theft of the ticket. Upon receipt of such affidavit or statement in writing as the case may be, the pawnbroker shall permit the customer to cancel the contract for 1 purchase or the pawnbroker shall deliver to the customer a duplicate ticket and the pawnbroker shall incur no liability for doing so unless he had previously received written notice of an adverse claim. The form of the affidavit shall be substantially as follows: "AFFIDAVIT OF LOSS OF PAWN TICKET" STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) I, say: , being first duly sworn, depose and 1. I am the pledgor of a pawn ticket issued by (name of pawnbroker), numbered , ( "Unknown" if number is not known), and dated ( "Unknown" if date is not known). 2. The above - described ticket has not been sold, negotiated, or transferred in any other manner by me. 3. The above - described pawn ticket was (lost, destroyed, or stolen) as follows: 4. The pledge represented by this pawn ticket is (description of pledge). Further affiant sayeth not. Affiant Subscribed and sworn to before me this day of , Notary Public My commission expires: 5.28.170 ADVERSE CLAIMS. If more than one person claims the right to cancel a contract for purchase the pawnbroker shall incur no liability for refusing to deliver the pledge until the respective rights of the claimants are adjudicated. If no action 10 is brought against the pawnbroker by either party prior to the expiration of the period for which he is required under Section 5.28.220 to hold the pledge, he may proceed to sell the pledge in accordance with the provisions of this chapter. 5.28.180 ALTERED PAWN TICKET. The alteration of a pawn ticket shall not excuse the pawnbroker who issued it from liability to deliver the pledge according to the terms of the ticket as originally issued, but shall relieve him from any other liability to the pledgor of the ticket. 5.28.190 SEIZURE OF COUNTERFEIT OR REPORTEDLY LOST PAWN TICKET - SEIZURE OF COUNTERFEIT OR FRAUDULENT IDENTIFICATION. (a) If a ticket is presented to a pawnbroker which purports to be one issued by him but which is found to be counterfeit or which has been reported to him as lost, stolen or destroyed, the pawnbroker may seize and retain the same without any liability whatsoever to the holder thereof. Upon such occasion, the pawnbroker shall immediately notify the Town of Avon Police Department. The Town of Avon Police Department shall then place a hold order on the pawn ticket so seized, as set out in Section 5.28.240, and pledged property shall be held by the pawnbroker until such time as the lawful disposition of the pledged property is either agreed upon, determined by court action, or directed by ordinance or statute. (b) If a pawnbroker has reason to believe a customer is exhibiting counterfeit or fraudulent identification, the pawnbroker or his employee, acting in good faith and upon probable cause based upon reasonable grounds therefore, may seize such identification without incurring civil or criminal liability as a result of such seizure, provided the pawnbroker immediately gives such identification to the Town of Avon Police Department. 5.28.200 INTEREST RATE - COMMISSION. No pawnbroker shall ask, demand or receive any greater rate of interest, commission and compensation than the total rate of one -tenth of the original purchase price for each month, plus the original purchase price, on amounts of fifty dollars or over, or one -fifth of the original purchase price for each month, plus the original purchase price, on amounts under fifty dollars. No other charges shall be made by the pawnbroker upon renewal of any contract for purchase or at any other time. In the event any such charges are made, the contract shall be void. Any contract for the payment of commissions by the customer for making a contract for purchase on tangible personal property shall be null and void. 5.28.210 INTERMEDIATE PAYMENTS - RECEIPTS. The pawnbroker shall accept intermediate payments, without penalty, upon 11 contracts for purchase which have not yet matured when presented with the pawn ticket, and shall treat the amount tendered as a payment upon the existing contract for purchase. A receipt showing the date and the amount of the payment shall be given for all moneys received on account of or in payment of the contract for purchase, and the date and amount of each such payment shall be entered upon the property serially numbered stub in the bound book required to be kept by Section 5.28.130 at the time of each such payment. The total amount of money presented shall be applied against the amount of indebtedness. In no event shall any late charges, collection fees or other such service charges be deducted from the amount of the payment tendered to the pawnbroker. 5.28.220 PROPERTY HELD - TIME LIMIT - SALE OF UNREDEEMED ARTICLES. (a) The pawnbroker shall hold tangible personal property purchased by him through a purchase transaction for thirty days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any way. (b) The pawnbroker shall hold all tangible personal property pledged as security on a contract or purchase in his possession during the term of,the contract for purchase, plus a period of ten days following the maturity date of the contract or purchase, during which time such goods shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any way. The date of maturity of a contract of purchase shall be deemed for purposes of this chapter to be whichever of the following is the later date: (1) The date on which the contract for purchase is to be repaid if any portions remain unpaid on that date; or (2) The date on which the last payment has been accepted by the pawnbroker. (c) If the pledgor fails or neglects to cancel the contract for purchase by repayment of the balance of the principal and payment of all accrued interest charges, the pawnbroker shall mail a notice to the pledgor after the maturity date of the contract for purchase to the address designated in the books and records. The notice shall give the number of the pawn ticket, a description of the property pledged, and shall notify the pledgor that the contract or purchase must be canceled within ten days form the date of the notice, and specify the date, and that upon his failure to cancel the Contract for purchase by that date, the pledged property shall be deemed forfeited to the pawnbroker and the right of the pledgor to cancel the contract for purchase shall be terminated. Such notice shall be in the form 12 substantially as follows: Avon, Colorado, TO: (Name) (Address) (City, State, Zip Code) You are hereby notified to cancel the contract for purchase on or before ten days from the above date, to wit: (Date)_, or the pledged property will be forfeited to the pawnbroker under the contract for purchase and your rights to the pledged property will thereafter be terminated. Your pawn ticket is No. , the property pledged by you as security is described as follows: Pawnbroker Pawnbroker's address (d) The pawnbroker shall retain in his records the original notice, in its unopened envelope, if returned to the pawnbroker. If notwithstanding the notice the person making the contract for purchase fails to cancel the contract for purchase within the ten day period designated in the notice, all right, title and interest of the pledgor to the pledged property shall be forfeited to the pawnbroker who shall acquire title to the property, and the debt become satisfied. 5.28.230 SALE OF ARTICLES REPRESENTED BY PAWN TICKETS TRANSFERRED TO PAWNBROKER. Any tangible personal property deposited with a pawnbroker as security for a contract or purchase represented by a pawn ticket which has been transferred to the pawnbroker in accordance with Section 5.28.150 may be sold by the pawnbroker thirty days after such transference and appropriate notification to the Town of Avon Police department. 5.28.240 HOLD ORDER. Any authorized agent of the Avon Police Department may order a pawnbroker to hold any specified tangible personal property deposited with or in the custody of any pawnbroker for purposes of further investigation by the Town of Avon Police Department. A hold order shall be affective upon verbal notification of the pawnbroker by an authorized agent of the Town of Avon Police Department. Written notice of the hold order shall be provided to the pawnbroker within twenty -four 13 hours of the verbal notification, unless the end of the twenty - four hour period falls on a Saturday, Sunday or holiday, in which event the written notification of the hold order shall be provided to the pawnbroker on the following Monday or the next business day following a holiday. A hold order shall supersede the provisions of Sections 5.28.220 and 5.28.230, and no sale or other disposition may be made of any specified tangible personal property deposited with or in the custody of the pawnbroker while the hold order remains in effect. Any sale or other disposition of the property after the pawnbroker has been notified by the Town of Avon Police department of a hold order shall be unlawful and a violation of this provision. 5.28.250 NO DEFICIENCY OR OFFSETS PERMITTED. The pawnbroker shall look to the property pledged for payment of the contract for purchase and in no event shall the pawnbroker look to the personal credit of the pledgor. No set -off shall be allowed the pawnbroker against the surplus or deficit arising out of another contract for purchase between the parties. In no event shall any deficiency balances be collected by the pawnbroker and in the event that such an attempt is made, the entire transaction shall be void. 5.28.260 UNLAWFUL TRANSACTIONS. (a) It is unlawful for any pawnbroker to make a contract or purchase, acquire a pawn ticket by transfer, or make a purchase transaction with the following: (1) Any person under eighteen years of age; (2) Any person under the influence of alcohol, or any narcotic drug, stimulant or depressant; (3) Any person known to such pawnbroker to have been convicted of a felony involving theft, without first notifying the Avon Police Department; (4) Any person appearing to the pawnbroker to be in an abnormal mental state. (5) Any person whose actions would give the pawnbroker probable cause to believe the tangible personal property, which is the subject of a contract for purchase or purchase transaction with that customer was obtained illegally. (b) With respect to a contract for purchase, no pawnbroker may permit any customer to become obligated on the same day in any way under more than one contract for purchase agreement with the pawnbroker which would result in the pawnbroker obtaining a greater amount of money than would be permitted if the pawnbroker and customer had entered into only one contract for purchase covering the same tangible personal property. 14 I (c) No pawnbroker shall violate the terms of any contract for purchase. (d) No customer shall knowingly give false information to any pawnbroker with respect to the information required by any provision of this chapter. 5.28.270 UNLAWFUL TO PAWN CERTAIN ITEMS. It is unlawful for any pawnbroker to accept in pledge, buy, sell or display in his place of business any switchblade knife, any knife whose blade is detachable from its handle, any knife whose blade opens by any mechanical means, any gravity knife, any throwing star, any brass or metallic knuckles or other items commonly used for and designed for the purpose of beating or striking others, any nuchaku, blackjack, or billy club, property with missing or altered serial numbers, or any other property which is illegal to possess. 5.28.280 SAFEKEEPING - INSURANCE. Any pawnbroker licensed and operating under the provisions of this chapter shall provide a safe place for the keeping of pledged property received by him, and shall have sufficient insurance on the pledged property held by him for the benefit of the pledgor to pay fifty percent of the real value thereof in case of fire, theft, or other casualty loss, which policy shall be deposited with the Town Manager or his designee prior to approval of the license. Neither the pawnbroker nor surety shall be relieved from their responsibility by reason of such fire, theft, or other casualty loss, nor from any other case, save full performance. 5.28.290 ACCEPTING LOST OR STOLEN ARTICLES. A pawnbroker who accepts in pledge any tangible personal property as security for a contract for purchase from one who is not the owner thereof obtains no title in the property either by reason of a pledgor's failure to cancel the contract for purchase or by transference of the pawn ticket to the pawnbroker by the pledgor thereof. Ignorance of the fact that the pledged property was lost or stolen shall not be construed to affect the question of title; and if the pawnbroker shall sell such article to a third person, he shall remain liable to the original owner in any appropriate legal action. The lawful owner may, upon proving his ownership of the lost or stolen property claim the same for the pawnbroker or recover the same by means of any appropriate legal action. 5.28.300 NOTICE TO TOWN OF AVON POLICE DEPARTMENT OF STOLEN ITEMS. In the event that any person shall approach a pawnbroker and attempt to pledge or sell to the pawnbroker tangible personal property which the pawnbroker has reason to believe has been stolen, it shall be the duty of the pawnbroker to immediately 15 notify the Town of Avon Police Department, giving a description of the person attempting to pledge or sell such property. It is unlawful for a pawnbroker to fail to notify the Town of Avon Police Department under the situation described in this section, if it can be shown that the pawnbroker could reasonably have known that the property was stolen or obtained in any other unlawful manner. 5.28.310 LIABILITY FOR PLEDGED PROPERTY. A pawnbroker shall be liable for the loss of pledged property or part thereof, or for injury thereto, whether caused by fire, theft, burglary, or otherwise, as a result of his failure to exercise reasonable care in regard to it. A pawnbroker shall not be liable, in the absence of an express agreement to the contrary, for the loss of or injury to pledged property which could not have been avoided by the exercise of due care. Nothing herein shall affect the right of the pledgor to insurance proceeds on such property. 5.28.320 REMOVAL OF PLACE OF BUSINESS. (a) No license shall be valid for any location other than the location for which it is issued, except as hereinafter provided. (b) Relocation of a pawnbroker's place of business shall be permitted under the same license in accordance with the following procedure: (a) A pawnbroker wishing to relocate his place of business within the town shall give written notice thereof to the Town Clerk no less than thirty days prior to the date of relocation. (b) The Town Clerk shall enter an order permitting the change and amend the license accordingly if she finds the licensee has the right to possession of the proposed location and the location is reasonably accessible to the existing customers. If the Town Clerk does not so find, she shall issue an order denying the pawnbroker such permission and notify the pawnbroker of the reason for the denial. (1) A pawnbroker wishing to relocate his place of business within the town shall give written notice thereof to the Town Clerk no less than thirty days prior to the date of relocation. (2) The Town Clerk shall enter an order permitting the change and amend the license accordingly if she finds the licensee has the right to possession of the proposed 16 location and the location is reasonably accessible to the existing customers. If the Town Clerk does not so find, she shall issue an order denying the pawnbroker such permission and notify the pawnbroker of the reason for the denial. (3) If permission is denied, the pawnbroker may within ten days following notice of denial file a written request for review thereof with the Town Clerk. The denial shall then be reviewed by the Town Manager or his designee, who shall have authority to affirm or reverse the denial. (4) In the event the Town Clerk approves the relocation, the pawnbroker shall mail written notice to each customer with whom the pawnbroker has an existing contract for purchase. Such notices shall be mailed at least fifteen days prior to the date of relocation. Any undelivered notice returned to the pawnbroker shall be retained in the records of the pawnbroker in the unopened envelope. The pawnbroker shall file an affidavit of mailing with the Town Clerk together with a sample copy of the notice of relocation. 5.28.330 INVESTIGATION - RIGHT OF ENTRY. (a) For the purpose of investigating violations of this chapter, any authorized agent of the Town of Avon Police Department may at any reasonable time investigate the business and examine the books, accounts, papers, and records of any licensed pawnbroker or any person, partnership, or corporation which engages in the business of pawnbrokering within the Town and which are generated pursuant to this article. (b) Application for or acceptance of a license by a pawnbroker under the terms and provisions of this chapter shall constitute a continuing consent to entry by any authorized agent of the Town of Avon Police Department upon the pawnbroker's premises for the purpose of investigating the business and examining the books, accounts, papers, and records used therein, and which are generated pursuant to this article, at any time during the term of the license, during regular business hours or whenever the pawnbroker, his employee, or agent is upon the premises. Willful failure or refusal by the pawnbroker, his agent, or employee to permit entry upon the premises by any authorized agent of the Town of Avon Police Department as provided herein, after presentation of credentials and demand for entry, is a violation of this provision and shall be grounds for revocation of the pawnbroker's license. Section 2. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason 17 held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub - section, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub - sections, sentences, clauses or phrases be declared invalid. Section 3. Penalty. It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of, this Ordinance. Any person who violates any provisions of this Ordinance shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. Section 4. Effective Date and Applicability. This ordinance shall become effective seven days after final posting and shall apply to all existing pawnbrokers. INTRODUCED, READ AND PASSED on first reading at a regular meeting of the Town Council September 30, , 1997, and ordered Posted the and Public Hearing and - consideration on second reading set for 5:30 P.M. on October 14 1997. Mayor TTEST- Town'Clerk INTRODUCED, READ AND ADOPTED on second reading and ordered posted the 14t1day of Oct. , 1997. ATTE T: Town Clerk Mayor 18 APPROVED: --4'aJJk---- Tow Attorney 19 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30'P.M. ON THE 14TH DAY OF OCTOBER, 1997, AT THE TOWN MUNICIPAL BUILDING.FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 97 -10 SERIES OF 1997: AN ORDINANCE AMENDING TITLE 5 OF THE TOWN OF AVON MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF PAWNBROKERS A copy,of said Ordinance is attached hereto, and is also on file, at the office of the Town Clerk,-and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 1st day of October, 1997.E --.__ TOWN OF AWN, COLORADO BY: Patty Lambe, CMC Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 1, 1997; EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY; CITY MARKET IN THE MAIN LOBBY_ COASTAL MART, INC.; AND AV09-MUNICIPAL BUILDING IN THE MAIN LOBBY