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ORDINANCE NO. 1304 (#3 - 07)
AN ORDINANCE AMENDING JMC 55.24; REQUIRING ELECTRONIC
RECORDS BY OWNERS AND OPERATORS OF PAWNSHOPS,
PAWNBROKERS, AND DEALERS IN SECOND -HAND GOODS
DOING BUSINESS IN THE CITY OF JACKSONVILLE, ARKANSAS;
AND, FOR OTHER PURPOSES.
WHEREAS, ACA §12 -12 -103 requires each and every pawnshop and
pawnbroker doing business in the State of Arkansas to keep a record providing
details of any and all property pawned with them;
WHEREAS, pursuant to ACA §12 -12 -103, such records are required to be
made available to police agencies of the area in which the pawnshop or pawnbroker
is located at reasonable times; and,
WHEREAS, in order to maintain a more accurate, efficient, and effective
system of such records and information for la enforcement purposes, there is a
great need for local law enforcement officers to access such records electronically.
NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE: JMC §5.24.020 (Purpose) is hereby amended and
shall read as follows:
Purpose: Each and every owner or operator of a pawnshop, pawnbroker,
and dealer in second -hand goods doing business in the City of Jacksonville,
Arkansas, shall, within one (1) year of the creation of this Chapter, maintain an
electronic inventory- tracking system capable of delivery and transmission of all
statutorily- required information via computer records to the Jacksonville Police
Department and /or designated representative(s) of law enforcement agencies.
SECTION TWO: JMC §5.24.030 (Information Requirements and
Deadlines) is hereby created and shall read as follows:
Information Requirements and Deadlines. Any owner or operator of a
pawn shop or pawnbroker will be required to upload all required information as
outlined in ACA §12 -12 -103, as amended, to the Jacksonville Police Department,
the Pulaski County Sheriffs Office, the Arkansas State Police, and /or any other
authorized law enforcement agencies and /or their designated representative(s).
SECTION THREE: JMC §5.24.040 (Records to be Kept) is hereby
created and shall read as follows:
Records to be Kept. It shall be the duty of each pawnbroker, his or its
agents, servants and employees, to maintain in a plain and intelligent manner a
written and /or computer recording in a permanent book and/or computer
recording/tracking program, of each transaction in said pawnbroker's business in
which such pawnbroker lends, advances, or provides money or anything of value
or in which any personal property is pledged, sold, bartered, or exchanged. The
records must contain, at a minimum, the following information: The name, address,
and telephone number of the person with whom the transaction is held; record
ownership of the property involved (for titled items); description of the property
ORDINANCE NO. 1304 (#3 — 07)
Page Two
involved and the amount of money loaned, advanced, or paid thereon; and, such
other relevant information as required by ACA §12 -12 -103. Such records so kept
shall be at all time subject to the inspection and retrieval of the Mayor, Chief of
Police, the City Attorney, or such designated representatives of law enforcement
agency(ies) upon demand for such. It is further provided that, in all cases where
any such article of personal property is still in possession of the pawnbroker or
subject to his control, said property shall at all times be subject to the inspection of
said law enforcement official(s) upon demand.
SECTION FOUR: JMC 55.24.050 (License or Permit — Granting
Conditions) is hereby created and shall read as follows:
License or Permit— Granting Conditions. No license or permit to operate
the business of pawnbroker shall be granted to the following persons:
A. Any person under the age of Twenty-one (21) years;
B. Any person not a citizen of the United States; and,
C. Any person failing to comply with the laws of the State of Arkansas
governing the laws of such business of who has had his permit or
license for such business revoked.
SECTION FIVE: JMC 55.24.060 (License or Permit — Notice and
Hearing) is hereby created and shall read as follows:
License or Permit — Notice and Hearing. Any license or permit issued
under the authority of this Chapter may be revoked by the District Court at a hearing
before it, after notice to the Licensee of the time and place of hearing for any one
of the following reasons:
A. Licensee has been convicted of a felony and is not entitled to be
granted a license because of lack of qualifications as required by
Arkansas Code; and,
B. Licensee engages in, encourages, or knowingly permits the sale of
beer, alcohol, or controlled substances in such places or permits
gambling in such places.
SECTION SIX: JMC §5.24.070 (Enforcement and Penalties) is hereby
created and shall read as follows:
Enforcement and Penalties. The failure on the part of any owner or
operator of a pawnshop, pawnbroker, or dealer in secondhand goods to comply with
any provision(s) of this Chapter shall be deemed a prima facie misdemeanor
offense. Upon charge and conviction /place of such, the offender shall be punished
by a fine of no less than Twenty-five Dollars ($25.00), together with court costs, for
each separate offense. Each day of noncompliance with the terms of this Chapter
shall be deemed a separate offense and will be punishable accordingly,
SECTION SEVEN: In the event any title, section, subsection, subdivision,
paragraph, subparagraph, item, sentence, clause, or phrase of this Ordinance is
declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of this Ordinance, which shall
remain in full force and effect.
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ORDINANCE NO. 1304 (#3 — 07)
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SECTION EIGHT: All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION NINE: This Ordinance shall take effect immediately upon
passage and publication, as provided by and subject to the requirements of
applicable law.
APPROVED AND ADOPTED THIS 15 j DAY OF FEBRUARY, 2007.
CITY OF JACKSONVILLE, ARKANSAS
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TOMMY SWAI ,; AYOR
ATTEST:
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SUSAN D • VI CITY CLERK ,
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