Loading...
1304 a 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. 000196 ORDINANCE NO. 1304 (#3 — 07) Page Three 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 gams". 44444 TOMMY SWAI ,; AYOR ATTEST: ate' SUSAN D • VI CITY CLERK , APP' G ED AS TO - •'�: � I j te- ) � - ROB 'T E. BAM;W • TTO Y