Sections:
5.08.010 - Licenses and bond required.
5.08.030 - Plot plans required.
5.08.070 - Junk and secondhand dealers—Name and address of seller required.
5.08.080 - Junk and secondhand dealers—Records required.
5.08.090 - Pawnbrokers and pawnshops defined.
5.08.100 - Pawnbroker—License required—Fee.
5.08.120 - Pawnbroker—Records required—Contents.
5.08.130 - Pawnbroker—Records opened for inspection.
5.08.010 - Licenses and bond required.
It is unlawful for any person, firm, partnership, corporation or association in Mason County to engage in the business of buying or selling secondhand goods or junk without first obtaining a license in Mason County to do so; provided, this section shall not apply to religious, charitable and nonprofit organizations; provided, further, that this section shall not apply to home sales, yard sales, garage sales, etc., that are of no more than three days' duration; and in addition thereto, shall, before receiving the license, give a surety company bond to the county in the sum of one thousand dollars conditioned for the due observance and faithful compliance with all the terms and conditions of such ordinances as may be in force or may be passed respecting the business of secondhand or junk dealer and pay a fee for the issuance of such license in the sum of thirty-five dollars. The license shall not be assignable, and shall be kept posted in a conspicuous place in the place of business of the licensee; provided, the term "place of business" includes that fixed and permanent location whereon the business is conducted.
Any person having more than one place of business where junk or secondhand goods are bought, sold, traded, bartered or exchanged shall be required to procure a separate license for each and every such place of business.
(Ord. 558 (part), 1975).
(a)
The term "secondhand" includes any and all used or secondhand goods purchased or kept for sale by a dealer in secondhand goods or parts thereof which can be used again for the purpose for which they were originally intended.
(b)
The term "junk" includes old rope, iron, brass, copper, tin and lead, rags, empty bottles, paper, bagging, parts of machinery, scrap metals of all kinds, and such other worn out or discarded material and odds and ends as can be turned to some use, but which cannot be used again for the purpose for which they were originally intended.
(Ord. 558 (part), 1975).
5.08.030 - Plot plans required.
(a)
An application for a license to operate a place of business shall require a site plan.
(b)
Before the license is issued, an acceptable site plan must be approved. A site to be acceptable must meet the following standards:
(1)
A sight-obscuring fence which will completely screen the abutting property must be constructed. It shall be a minimum of six feet in height and shall be of a single solid color.
(2)
No junk shall be visible from any public right-of-way. All materials or parts shall be stored and located within the fenced area or enclosed structure.
(3)
A performance bond shall be required to assure completion of the place of business as approved.
(4)
No junk shall be stored so that it exceeds the height of the fence.
(5)
The permits shall be granted for a period not to exceed one year, and at the end of such period an inspection shall be made of the premises to determine the advisability of renewing such permit.
(6)
No place of business shall locate in a residential area.
(Ord. 558 (part), 1975).
(a)
The Mason County sheriff shall administer this chapter. No license shall be issued unless approved by the board of Mason County commissioners.
(b)
The license period shall be July 1st through June 30th.
(Ord. 558 (part), 1975).
It is unlawful for any junk dealer or secondhand dealer to take, receive or purchase any personal property of any kind or nature, or any article or thing of value, from any juvenile, or the ownership of which is in whole or in part, or which is claimed by any juvenile, or which may be in the possession or under the control of any juvenile. It is unlawful for any junk or secondhand dealer to receive or purchase property from persons intoxicated or appearing to be intoxicated or persons known to have been convicted of larceny or burglary.
(§ 6 of Ord. approved April 29, 1957).
5.08.070 - Junk and secondhand dealers—Name and address of seller required.
It is unlawful for any junk or secondhand dealer to receive, take or purchase any personal property, goods, or thing of value from any person or persons who shall refuse to make known his or her or their names, place or places of residence or to submit to a general description, or knowingly make any false entry or any matter or thing required to be made under this chapter.
(§ 7 of Ord. approved April 29, 1957).
5.08.080 - Junk and secondhand dealers—Records required.
Every junk or secondhand dealer shall keep a book in which he shall at the time of purchase of any secondhand goods, enter, in the English language, written in ink, a full and accurate description of such goods so bought, together with the name, apparent age, signature and residence of the vendor, and if the vendor is a juvenile, a statement of the fact, and also the amount paid and the date and hour of purchase, and the book, as well as every article or thing purchased, shall at all reasonable time be open to inspection by the sheriff and prosecuting attorney and their deputies.
(§ 8 of Ord. approved April 29, 1957).
5.08.090 - Pawnbrokers and pawnshops defined.
(a)
"Pawnbroker" as used in this chapter means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or to loan money on deposit of personal property.
(b)
"Pawnshop" means and includes every place at which the business of a pawnbroker is being carried on.
(§ 9 of Ord. approved April 29, 1957).
5.08.100 - Pawnbroker—License required—Fee.
It is unlawful for any person to engage in the business of pawnbroker, or to conduct a pawnshop without first having obtained a license so to do, to be known as a "pawnbroker's license." The license fee for a pawnbroker's license shall be one hundred dollars per year. A separate license shall be required for each separately located pawnshop.
(§ 10 of Ord. approved April 29, 1957).
In addition to the license fee and before such license is issued, the applicant shall be required to file with the county clerk for each pawnshop a sufficient surety bond in the sum of one thousand dollars running in favor of the county, and conditioned for the faithful observance by the licensee of all the requirements of this chapter and all other ordinances of the county and all state laws relating to the business of pawnbrokers.
(§ 11 of Ord. approved April 29, 1957).
5.08.120 - Pawnbroker—Records required—Contents.
It shall be the duty of every pawnbroker to maintain at his place of business, a book or other permanent record, in which shall be legibly written in the English language at the time of such loan, purchase or sale, a record thereof containing:
(1)
The date of the transaction;
(2)
The name of the person or employee conducting the same;
(3)
The name, age, street and house number, and the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;
(4)
The name and street and house number of the owner of the property bought or received in pledge;
(5)
The street and house number of the place from which the property bought or received in the pledge was last removed;
(6)
A description of the property bought or received in pledge, which in the case of watches, shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain a description of all letters and marks inscribed thereon;
(7)
The price paid or the amount loaned;
(8)
The name and street and house numbers of all persons witnessing the transaction;
(9)
The number of any pawn ticket issued therefor.
(§ 12 of Ord. approved April 29, 1957).
5.08.130 - Pawnbroker—Records opened for inspection.
All books and other records of any pawnbroker relating to purchase, pledge, exchange, barter or receipt of any goods, wares, merchandise, or other articles or things of value, shall at all times be open for inspection by the sheriff and prosecuting attorney or any police officer, or detective detailed for that purpose, and all articles or things received, purchased or left in pledge with the pawnbroker shall at all times be open to a like inspection.
(§ 13 of Ord. approved April 29, 1957).
(a)
It is unlawful for any pawnbroker to remove any goods, articles or things purchased by him, or left with him, in pledge, from his store, or place of business until the expiration of ten days after the same has been purchased, received or left in pawn, unless the goods, articles or things have within the time specified, been inspected as provided by this chapter.
(b)
It is unlawful for any pawnbroker, his clerk or employee to receive in pledge, or purchase, any article or thing from any person under eighteen years of age, or from any person who is known to be a thief, or a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such.
(c)
The loaning of money to or purchasing goods from, any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker, his agent or employee, to violate this chapter.
(§ 14 of Ord. approved April 29, 1957).
It is unlawful for any pawnbroker to conduct or carry on the business of a pawnbroker, in whole or in part, directly or indirectly, or to open, or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of six p.m. and seven a.m.
(§ 15 of Ord. approved April 29, 1957).