ORDINANCE NO. 8925
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER VI, ARTICLE 5, CODE OF THE CITY OF LAWRENCE, KANSAS, 2013 EDITION, AND AMENDMENTS THERETO, AMENDING SECTION 6-506 AND ENACTING SECTIONS 6-501.1, 6-506.1 AND 6-511, PERTAINING TO PAWNBROKERS, AND REPEALING EXISTING SECTION 6-506.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1: Chapter VI, Article 5, Section 6-501.1 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby enacted to read as follows:
6-501.1 PRECIOUS METAL DEALER AND PRECIOUS METAL DEFINED
As used herein, a precious metal dealer is any person engaged in the business of purchasing precious metal for the reselling of such metal in any form.
"Precious metal" means gold, silver or platinum group metals or any used articles or other used personal property containing such metals, but shall not include uncirculated coins purchased for their numismatic value rather than their metal content or ingots or other industrial residue or byproducts composed of such metals purchased from manufacturing firms.
SECTION 2: Chapter VI, Article 5, Section 6-506 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby amended to read as follows:
6-506 REGISTER KEPT BY PAWNBROKERS AND PRECIOUS METAL DEALERS
Every pawnbroker and precious metal dealer shall keep at his or her place of business a clean and legible register in which he or she shall type or enter in writing a minute description of all property taken, purchased, or received, including any number that may be in or upon any article, together with the time and the name and place of residence (giving street and number if within the City) of the person leaving such property. The register shall also show the amount loaned, the interest charged, and the time when the loan falls due. The pawnbroker shall make such entries immediately upon the receipt or purchase of such property. Every entry shall be made in ink, and shall not in any manner be erased, obliterated or effaced.
SECTION 3: Chapter VI, Article 5, Section 506.1 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby enacted to read as follows:
6-506.1 REPORTING OF REGISTER
On or before Tuesday of each week, every pawnbroker and precious metal dealer shall report the description of all property received in pledge or purchased as a pawnbroker or precious metal dealer during the preceding calendar week, in whatever quantity received. Such report shall include all property purchased as secondhand merchandise at wholesale, secondhand merchandise taken in for sale or possessed on consignment for sale and secondhand merchandise taken in trade. No such report need be made concerning property or merchandise acquired from another pawnbroker or precious metal dealer licensed in this state in a transaction involving the purchase or other acquisition from the other pawnbroker or precious metal dealer of the other pawnbroker's or dealer's stock in trade, or a substantial part thereof in bulk, where the other pawnbroker has made the reports required by this section with respect to such property or merchandise. Reasonable clerical errors made with respect to reporting the detail of all property received shall not constitute a violation of this section.
All required reporting pursuant to this section shall be made by posting and uploading a complete and accurate description of transactions via internet to the chief of police or his designee using an internet website approved by the chief of police, or his designee.
SECTION 4: The Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby amended by enacting Chapter VI, Article 5, Section 6-511 which reads as follows:
6-511 PENALTY
Any pawnbroker or precious metal dealer convicted of the violation of any of the provisions of this Article shall upon conviction thereof be fined no more than $1,000, imprisoned no more than 6 months, or both.
SECTION 5. Existing Chapter VI, Article 5, Section 6-506 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 2 of this Ordinance supersede it.
SECTION 6. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 7. This ordinance shall take effect and be in force after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of January, 2014.
APPROVED:
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Michael Dever
Mayor
ATTEST:
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Diane Trybom
Acting City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.