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2137AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, THAT AMENDS SECTIONS 10- 901 —10 -911 OF THE BLAIR MUNICIPAL CODE RELATING TO PAWNBROKERS, JUNK & SECONDHAND DEALERS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. That Article 9 of the Municipal Code of the City of Blair, Nebraska be amended to read as follows: (See Attached Exhibit 1 which is fully incorporated herein by reference.) Section 2. That any other ordinance or section passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with the provisions is repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law. ATTEST: BRENDA R. WHEELER, CITY CLARK (SEAL) 6s1,1,4. STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ORDINANCE NO. 2137 PASSED AND APPROVED this 12th day of February, 2008. CITY OF BLAIR, NEBRASKA A S E. REALPH, MAYOR BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 12 day of February, 2008. /tyil BRENDA R. WHEELER, CITY CLERK Article 9. Pawnbrokers, Junk & Secondhand Dealers Sec. 10 -901 DEFINITIONS. For purposes of this Article, the term pawnbroker shall include any person or persons engaged in the business of lending money upon chattel property for security and requiring possession of the property so mortgaged on condition of returning the same upon payment of a stipulated amount of money, or purchasing property on condition of selling it back at a stipulated price; the term junk dealer shall include any person engaged in the business of buying, selling, receiving, collecting or dealing in scrap metal, old bottles, old rags or old rubber, and the term dealer in secondhand goods shall include any person engaged in the business or buying, selling or dealing in used clothing, used jewelry or other used goods, merchandise or personal property other than retailers whose principal business is the same of new merchandise and whose used or secondhand merchandise is received in exchange by such retailer for new merchandise. (Ref. 69 -201 thru 69 -209 RS Neb.) Sec. 10 -902 PERMIT. Every person, firm or corporation engaged in business as a pawnbroker, junk dealer or dealer in secondhand goods in the City of Blair shall obtain from the City Clerk a permit. The fee for said permit shall be set by The City of Blair and shall be paid to the City Clerk. The term of the permit shall be for a period of no more than 1 year and shall expire on December 31 of each year issued. Application for such permit shall be on a form furnished by the City Clerk in which shall state (1) The name and address of the owner and the manager of the business and, if the applicant is an individual, the applicant's social security number; (2) If the applicant is a corporation or L.L.C., a copy of the articles of incorporation /organization and the names of its officers, shareholders or managers and the Tax ID number of the business; (3) The exact location where the business is to be conducted; and (4) The exact location where any goods, wares, and merchandise may be stored or kept if other than the business location. When reviewing applications for said permit, the City of Blair shall take into consideration the criminal record, if any, of the applicant and, if the applicant is a corporation, of its officers and shareholders. No permit shall be issued to any applicant who has been convicted of a felony and, if the applicant is a corporation or L.L.C., no permit shall be issued when any officer, shareholder, or manager has been convicted of a felony. The permit holder shall give a bond to the City of Blair in the sum of five thousand dollars with surety to be approved by the Mayor, conditioned for the faithful performance by the principal, of each and all of the trusts imposed by law or by usage attached to pawnbrokers. Sec. 10 -903 PERMIT: BUSINESS LOCATION: PROHIBITED ACTIVITIES. No person shall be allowed to do business in more than one location under one permit. Each permit shall state the place where such business is to be carried on, and shall not be assigned. Goods, wares, and merchandise shall be kept or stored only at those locations specifically listed in the permit application. It shall be unlawful for any person not having a permit as required in section 10 -902 to display any sign or advertisement stating that money is lent on goods or that goods are purchased as described in section 10 -901. Sec. 10 -904 RECORDS REQUIRED; INSPECTION. All persons who shall be engaged in the business of pawnbrokers, dealers in secondhand goods, or junk dealers, shall keep a ledger and complete a card, to be furnished by the city or village, on which shall be legibly written in ink, at the time of any loan or purchase, the following information: (1) The date of the loan or purchase; (2) The name of the person from whom the property is purchased or received, his or her signature, date of birth, and driver's license number or other means of identification; (3) A full and accurate description of the property purchased or received, including any manufacturer's identifying insignia or serial number; (4) The time when any loan becomes due; (5) The amount of purchase money, or the amount lent and any loan charges, for each item; and (6) The identification and signature of the clerk or agent for the business who handled the transaction. Entries shall not in any manner be erased, obliterated, or defaced. The person receiving a loan or selling property shall receive at no charge a plain written or printed ticket for the loan, or a plain written or printed receipt for the articles sold, containing a copy of the entries required by this section. Every pawnbroker, or employee of a pawnbroker, shall admit to the pawnbroker's premises at any reasonable time during normal business hours any law enforcement officer for the purpose of examining any property and records on the premises, and shall allow such officer to place restrictions on the disposition of any property for which a reasonable belief exists that it has been stolen. Any person claiming an ownership interest in property received by a pawnbroker for which a reasonable belief exists that such property has been stolen may recover such property as provided by sections 25 -1093 to 25- 10,110. (Ref. 69- 201 thru 69 -209 RS Neb.) Sec. 10 -905 POLICE REPORTS. It shall be the duty of every such pawnbroker, dealer in secondhand goods or junk dealer, every day before the hour of twelve (12:00) o'clock noon, to make out and deliver to the Blair Police a legible and correct copy of all personal property or other valuable things received or deposited or purchased or mortgaged, during the day, together with the time received or purchased, and a description of the person or persons by whom left in pledge, and from whom the same was purchased; Provided, no person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business, of goods purchased at open sale from any bankrupt stock or from any other person doing business and having an established place of business in the City. Such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to the Mayor or any member of the Blair Police when demanded; Provided, further, dealers in scrap metals, except gold and silver, shall not be included in the provisions of this Section. (Ref. 69 -201 thru 69 -209 RS Neb.) Sec. 10 -906 PAWNED GOODS; RESTRICTIONS ON DISPOSITION: JEWELRY DEFINED. No personal property received or purchased by any pawnbroker, dealer in secondhand goods, or junk dealer, shall be sold or permitted to be taken from the place of business for fourteen days or, in the case of secondhand jewelry, for five days, after the copy of the documents or ledger entry required to be delivered to the police department has been delivered as required by section 10 -905. Secondhand jewelry shall not be destroyed, damaged, or in any manner defaced for a period of seventy -two hours after the time of its purchase or receipt. For purposes of this section, jewelry shall mean any ornament which is intended to be worn on or about the body and which is made in whole or in part of any precious metal, including gold, silver, platinum, copper, brass, or pewter. All property accepted as collateral security or purchased by a pawnbroker shall be kept segregated from all other property in a separate area for a period of forty -eight hours after its receipt. Notwithstanding the provisions of this section, a pawnbroker may return any property to the person pawning the same after the expiration of such forty- eight -hour period or when permitted by the Blair police, sheriff, or other authorized law enforcement officer. (Ref. 69 -201 thru 69 -209 RS Neb.) Sec. 10 -907 PAWNBROKER: LIMITATION ON SALE OF GOODS. It shall be unlawful for any pawnbroker to sell any pawned goods purchased or received as described in §10 -901, during the period of four months from the date of purchasing or receiving such goods. Sec. 10 -908 SUNDAY PLEDGES OF SALE. The time between twelve (12:00) o'clock on Saturday night and twelve (12:00) o'clock Sunday night shall not be considered in the enforcement of the Sections of this Article, nor shall any property be received as a pledge or purchased by any dealer mentioned in this Article between these hours. (Ref. 69 -201 thru 69 -209 RS Neb.) Sec. 10 -909 PAWNBROKERS: CUSTOMER FINGERPRINT REQUIRED: RESTRICTIONS ON PROPERTY ACCEPTED. 1. All persons who shall be engaged in the business of pawnbroker shall, in addition to the requirements of Sec 69 -204 RS Neb., obtain and keep a single legible fingerprint of each person pawning, pledging, mortgaging, or selling any goods or articles. The fingerprint shall be taken from the right index finger or, if the right finger is missing, from the left index finger. Each pawnbroker shall display a notice to customers, in a prominent location, stating that such pawnbroker is required by state law to fingerprint every person pawning or selling an item. 2. No pawnbroker shall accept as collateral security or purchase any property: a. From any person who is under eighteen (18) years of age. b. From any person who appears to be under the influence of alcohol, narcotic drug, stimulant, or depressant, or who appears to be mentally incompetent; or c. On property which the serial numbers or other identifying insignia have been destroyed, removed, altered, covered, or defaced. (Ref. 69 -204 RS Neb.) Sec. 10 -910 STORAGE OF JUNK. It shall be unlawful for any person, firm or corporation to keep any junk yard or place for the processing, purchase, storage or handling of old iron or other scrap metal, hides, wrecked motor vehicles, used rubber or other used goods or merchandise for disposition for its salvage value except within a building or within an enclosure tightly fenced by board fence at least eight (8') feet high from the ground level, or in a manner as to harbor rodents, and nay time upon written complaint of the Board of Health stating that any such business is carried on or maintained so that same is harboring rodents or the provisions of this Section are not otherwise complied with, it shall be the duty of the City Council to declare same a nuisance and to notify the owner of such business and the owner of the real property upon which same is conducted, by registered mail addressed to their last known addresses, to correct the condition within ten (10) days and if such owners fail to correct the condition and to notify the City Clerk thereof within said time, the City Attorney shall bring a suit to abate such nuisance. (Ref. 69 -201 thru 69- 209 RS Neb.) Sec. 10 -911 VIOLATION; PENALTY; PERMIT; SUSPENSION OR REVOCATION; PROCEDURE. Every broker, agent, or dealer mentioned in sections 10 -901 to 10 -910 who shall violate any of the provisions thereof, shall be guilty of a Class III misdemeanor. In addition, any permit issued pursuant to section10 -902 may be revoked or suspended if the holder of such permit violates any provision of state law classified as a misdemeanor or felony. Before any permit may be revoked or suspended the holder shall be given notice of the date and time for a hearing before the City of Blair to show cause why the permit should not be revoked or suspended. Such hearing shall be held within seven days of the date of the notice. (This Page left blank intentionally.)