Agenda Packets - 2003/06/02 - Laserfiche WebLink

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Pawn Ordinances Report May 12, 2003 Page 5 TO PAWN OR SELL PROPERTY: ??YOU MUST BE AT LEAST 18 YEARS OF AGE ??YOU MUST BE THE TRUE OWNER OF THE PROPERTY ??THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS ??YOU MUST PRESENT VALID PHOTO IDENTIFICATION ??VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. Section 516.13 addresses the License Suspension and Revocation, provisions, which are broad and all inclusive. The language is as follows: The City Council may suspend or revoke a license issued under this chapter upon a finding of a violation of: a. Any of the provisions of this chapter b. Any state statute regulating pawnbrokers or precious metal dealers c. Any state or local law relating to moral character and repute. Any conviction by the pawnbroker or precious metal dealer for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. Basically, this language indicates that the Council could suspend or revoke the license for any violation of any provision, however the Council would not impose a penalty so harsh as to be disproportionate to the violation. It was suggested by a community member that there should be a list of consequences along with a list of penalties. While the Code could certainly be amended to reflect a penalty schedule, with very few exceptions, the City Code opts for discretion and flexibility. Creating explicit fines and penalties may tie the Council’s hand if circumstances warranted a lesser or greater fine or penalty. It was also suggested that the Code take on a three-strikes approach to enforcement. Again, while that could be implemented, the Council may determine that the first strike would warrant immediate suspension or revocation. All violations and infractions of the Pawn Code would be reported to the Council. Last, Section 516.14 lists the prohibited acts associated with the pawn enterprise. The list, which is not intended to be exhaustive, includes the following: