§ 9-92. Pawnbrokers; secondhand dealers.

(a)

Definition. For the purpose of this section, the term "pawnbroker" means any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the business activities described in this subsection.

(b)

License required. Each pawnbroker doing business within the City shall be required to obtain a license from the City Clerk in the manner specified in this chapter.

(c)

Fee established. The annual business license fee for each pawnbroker doing business in this City shall be as set by the City Council.

(d)

Review of application. No action on any application for a pawnbroker's license shall be taken by the City Council until the Chief of Police has reviewed such application and forwarded his recommendation thereon to the City Clerk in the manner specified in this chapter.

(e)

Buying and receiving from minors. It shall be unlawful for the operator of any secondhand jewelry store, or for any pawnbroker, junk dealer or secondhand dealer, to buy, take or receive by any way of pledge, pawn or exchange, any goods, wares or merchandise or article of personal property of any kind from any persons under the age of 18 years. Responsibility for determining the age of persons making the pledge, pawn or exchange, of any article shall lie with the person taking the article in pledge, pawn or exchange.

(f)

Sunday operation. No pawnbroker shall open his place of business or conduct any business therein on Sunday.

(g)

Pledges to be openly displayed. Every pawnbroker shall have his pledges openly displayed so that the inspection authorized by this chapter may be easily made.

(h)

Premises to be open to Police. It shall be the duty of every pawnbroker to admit to his premises the Chief of Police or any other Police Officer who may desire at any time to search for articles missing or stolen, or to make any inspection authorized by this chapter, without the formality of a search warrant.

(i)

Inspection of pledges and purchases. All articles pledged or sold to pawnbrokers shall, at all times, be subject to inspection and examination by the Police.

(j)

Books and records.

(1)

Accurate description of pawned property. All pawnbrokers shall keep books wherein shall be entered an accurate description of all property pledged, pawned or sold to them. Such description shall include the name of the maker of the article, any identifying mark or number and a statement of the kind of material of which it is made. There shall be entered also the name of the person who sold or deposited the same, the time when it is done, the amount paid or advanced and a description of the person selling or pawning, including his name, address, race and estimated weight and height.

(2)

Record of purchaser. When pledges or purchases are sold or otherwise disposed of, the date of sale and a complete description of the person making the purchase shall also be recorded and made a part of the permanent record kept by the pawnbroker. This description shall include name, driver's license or identification number, and present address of the purchaser. This record of sale shall be referenced to the original record of pawn or purchase made upon receipt of the article by the pawnbroker.

(3)

When entries to be made. The entries required by this section shall be made at the time of the transaction.

(4)

Copies of pawn and purchase records to be furnished to Police. A legible copy of each record of pawn and receipt of purchase made by the pawnbroker shall be furnished to the Police Department. These copies are to be turned in to the Police Department at the close of business of the pawnbroker each day that business is conducted.

(5)

False entries. It shall be unlawful for any person engaged in the business of pawnbroker or any employee of such establishment, to make any false entry in any books or records required by this section.

(6)

Inspection. The books required to be kept by this section shall, if necessary, be subject to inspection by the Police during regular business hours and shall be maintained on the business premises.

(k)

Holding period. Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and including all kinds of personal property, shall hold such goods so taken in pawn or purchased for at least ten days after the date of purchase or 30 days after the term of the loan is pawned, before disposing of the same by sale, transfer, shipment, or otherwise. This provision cannot be waived by contract.

(l)

Exporting. No pawnbroker doing business in the City shall ship any goods or unredeemed pledges out of the City without first submitting to the Police Department a list of the articles to be shipped out of the City. This list shall include a full description of the articles or goods and these articles or goods shall be subject to the same restrictions as described in subsection (k) of this section.

(m)

Suspension or revocation of licenses. Any person failing to comply with any provision of this section or other ordinance or regulation passed by the Mayor and City Council for the conduct of the business of a pawnbroker shall be subject to having his license to conduct such business revoked or suspended for a definite period, in the discretion of the Mayor and City Council. Such suspension or revocation shall result from conviction in the Municipal Court of any owner or employee of the business for a violation of any provision of this section or other ordinance or regulations covering the conduct of the business.

(n)

Penalties. Any person convicted of a violation of any provision of this section in the Municipal Court shall be punished by a fine not to exceed $1,000.00 or six months in jail.

(Code 1978, § 9-77; Ord. No. 1989-03, §§ 1, 2, 2-16-1989)

State law reference

Pawnbrokers, O.C.G.A. § 44-12-130 et seq.