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HomeMy WebLinkAboutA007 - proof of publication, December 6, 1985 (iii) The place or places, other than the LEGAL NOTICE permanent place of business of the appli- cant, where the applicant within the six — -_-- (6) months next preceding the date of ORDINANCE NO. 2938 said application conducted an itinerant AN ORDINANCE TO AMEN'ff'THE MUNICI- business, stating the nature thereof and Proof of Publication in The PAL CODE OF THE CITY OF AMES, giving the post office and street address I BY ENACTING A NEW SUB- of any building or office ;n which such AMES DAILY TRIBUNE SECTION 17.25 FOR THE PURPOSE OF business was conducted; REGULATING PAWNBROKERS AND THE (iv) A brief statement of the nature and PURCHASE AND SALE OF PRECIOUS character of the advertising done or METALS AND GEMS AND SEMIPRECIOUS - proposed to be done in order to attract STONES TO AID IN THE RECOVERY OF customers; STOLEN PROPERTY AND INVESTIGA- (v) Credentials from the person, firm or TIONS OF VARIOUS THEFTS AND BUR- corporation for which the applicant pro- GLARIES; REPEALING ALL ORDINANCES posed to do business, authorizing the STATE OF IOWA STORY COUNTY 88. OR PARTS OF ORDINANCES IN CON- applicant to act as such representative. > FLICT HEREWITH TO THE EXTENT OF (c) Fee Requirement. Every application SUCH CONFLICT, IF ANY; PROVIDING A for a dealer's annual permit shall be Ir PENALTY ' AND ESTABLISHING AN accompanied by the application fee. The f �6Pr�8�350q, Dale R. Culver, EFFECTIVE DATE. fee for a dealer's annual permit to con- on oath depose and say that I am co;pStAlsi ec, pro- BE. IT ORDAINED, by the City duct business by pawn shall be one Council for the City of Ames, Iowa: hundred dollars ($100.00). The fee for a durtion foreman Of the AMES DAILY TRIBUNE, a Section One. The Municipal Code of dealer's annual permit for a dealer not. daily newspaper, printed at Ames, Story County, the City of Ames, Iowa, shall be and is conducting business by pawn shall be hereby amended by enacting a new sub- twenty-five dollars ($25.00). Iowa;that the annexed printed section 17.25 to read as follows: (d) Issuance. Upon receipt of an appli- "Sec. 17.25. PAWNBROKERS AND cation for a dealer's permit, the city Clt1/ of Ames — Ordinance Nn- DEALERS IN PRECIOUS METALS AND clerk shall notify the Ames Chief of Police _ GEMS AND SEMIPRECIOUS STONES. or his designee who shall ciluse such (1) Definitions. The following words and investigation of the applicant's business 's �938 phrases shall have the meanings respec- responsibility or moral character to be lively ascribed to them for the purpose of made as deemed necessary for the public the regulations in section 17.25. good, and may recommend issuance'or (a) Dealer. Any person, firm, partner- refusal of a dealer's permit. Within ten ship, corporation, or pawnbroker, includ- (10) days of the filing of an application, ing an itinerant dealer, and any princi- the city clerk shall issue a dealer's permit or refuse to do so for reasons including was published in said newspaper for regularly engaged in or conducting 1 pal, employee, agent, or servant thereof, but not limited to the following: business for purchase, sale, barter, (i) conviction of any felony within the exchange, or pawn of gold, silver, five (5) years immediately preceding the consecutive weeks, the first platinum, including coins, and date of filing of the application; and the last Of said Ub1lCatlOn W8S Orl the P g precious or (ji) conviction of any crime involving p semiprecious,gems or stones for resale as commodities. moral turpitude within the five (5) years (b) Engaged in or conducting business. immediately preceding the date of the th dayOf T7 pmhar The purchase, sale, barter, pawn or filing of the application. exchange of any item in Sec. 17.25(1)(a), (iii) fraud, misrepresentation or false including the.. advertising therefor, and statement of material or relevant facts including such business conducted by an contained in the application; or established dealer in a permanent location (iv) that the applicant has engaged in a and any temporary, transient, or itiner- fraudulent transaction or enterprise. ant business, and excluding transactions (e) Appeal. If the city clerk denies an of a hobbyist who acquires objects for the application for a dealer's permit, the city Sworn to before me and subscribed in my presence purpose of retention and collection and clerk shall mail to the applicant, by by Dale R. not for resale as a commodity. certified mail, a written statement of the decision with a brief statement of the Culver. (c) Itinerant Dealer. Any dealer as reasons therefore. An appeal from the defined herein who engaged in any tem- decision of the city clerk may be made in porary or transient business conducted in 1(�,ti: writing to the city manager within ten this day Of December a shop, room, hotel room, motel room or (10) days of the receipt of the decision. other premises rented.for any duration The written appeal shall state the specific less than thirty (30) consecutive days or grounds for the appeal. The city mana- 19 85. used on a temporary basis. ger shall hold a hearing within a reason- (d) Pawnbroker. Any person who shall able time from the receipt of the appeal. in any manner lend or advance money or At the hearing, the applicant or permit `/1�Ci �/! �fVfliary Public other things for profit on the pledge or holder may be represented by counsel,possession of personal property, or other may cross-examine witnesses and may in and for Story County. valuable things, other than securities or present evidence in his or her favor. written evidences of indebtedness, or who The city manager may grant or deny the Fees, $ 21� !7 deals in the purchasing of personal pro- appeal. The decision of the city manager perty or other valuable things on con- shall be final. dition of selling the same back to the (f) Ex ;ration. A dealer's permit shall seller at a stipulated price. expire one 1) year after issuance if the (2) Dealer's Permit. (a) A dealer must dealer's business is, conducted regularly apply for and obtain a dealer's annual and continuously during the one (1) year (3) Records of Transactions ana retention permit prior to being engaged in or period. If a dealer's business is discon- of Purchases. conducting business as a dealer or within tinued or moved or sold within one (1) (a) Records. Every dealer shall keep at thirty (30) days of the effective date of year after issuance, the dealer's permit the dealer's place of business a record this section. Such permit shall be posted expires and a new permit must be ob- book provided by the City of Ames and conspicuously in each place of business tained before the dealer's business is issued to the dealer by the City of Ames named therein. recommenced. The dealer's annual permit Police Department in which shall be legibly (b) Application. To obtain a dealer's is a personal recorded with ink at the time of each p privilege and shall not be permit a dealer shall file a written, sworn transaction as a dealer setting forth: application on a form transferable, nor shall there be a partial a provided by the city refund of the application fee where the (i) the time, date, place of the transac- clerk signed by the applicant if an indivi- tion, and type of transaction; dual, by all partners if a,partnership, Permit holder exercised the privilege for (ii) an accurate description of the and b the corporation, less than one n. year. goods, y president if a co oration, (g) Revocation. Any dealer's permit articles or things purchased, bartered, with the city clerk showing: may be revoked by the city manager after exchanged or received; (i) The name or names of the principals, notice and hearing if the city manager agents, and employees of the applicant's finds that the dealer has knowingly business during the time that it is pro- violated any provision of subsection 17.26. posed that such business will be carried The city manager shall mail to the permit on in the City of Ames; the local address holder, by certified mail, a written notice or addresses of such person or persons of the hearing twenty (20) days before while engaged in such business; the the hearing date. The notice shall set permanent address or addresses of such forth the erson or grounds of the proposed revoca- p persons; the capacity in which tion and the time and lace of the herein g. the permit holder may be such person or persons will act (as At the hearingy e proprietor, agent, employee. or other- wise); the name and the address of the represented by counsel, may cross-examine person, firm or corporation for whose ac- witnesses, and present evidence in his or count the business will be carried on, if her favor. The decision of the city any; and if a corporation, under the laws manager shall be final. of what state it is incorporated; (h) Itinerant dealers must register with (ii) The place or places in the City of the City of Ames Police Department before engaging in or conducting business each Ames where it is proposed to carry on the applicant's business, and the length time that such dealer is in the City of of time during which it is proposed that Ames to conduct business. said business shall be conducted; (iii) the signature and printed name, residence and description (consisting of the sex, date of birth, social bsecuritybartering number,) of the he ersogn�selling,articles, or or exchanging things, (iv) the estimated value of each article; Section Three. This ordinance shall e (v) the amount paid, advanced or loaned; in full force and effect from and after its and passage and publication•as required by (vi) the date, name, address and phone law. number of the person when an item is Section Four. Violation of the provisions bought or redeemed. of this ordinance shall constitute a simple (b) Such record book shall be kept for a misdemeanor punishable by a fine not period of at least ten years from the date exceeding one hundred dollars ($100) or of purchase, sale, barter, exchang^ or by imprisonment for a period not to pawn. exceed thirty (30) Passed this 3rd day Itinerant(c) Iti_. t dealers. Every itinerant of December, 1985. dealer shall provide a deposit of $25.00 Nancy Gibbons, City Clerk. for the record book provided by the City F. Paul Goodland, Mayor of Ames. Such record book shall be ecor dealer published in The Ames Daily Tribune, returned before the itinerant leaves the City of Ames, at which time December 6,1985. the deposit shall be returned. The record book provided by the City of Ames may be kept by the itinerant dealer if the deposit is forfeited and the City of Ames Police Department has been provided with a copy of all transactions recorded in such book. (d) Retention. (i) No dealer shall sell and deliver, melt, change the form of, or dispose of any item subject to Section 17.25 of the Municipal Code within ten (10) days of the acquisition of such item unless permission to do so is granted in writing by the Ames Chief of Police or his designee, except that the person who pawns an item is permitted to redeem the pawned item within the ten (10) day retention period. (ii) The City of Ames Chief of Police or his designee may inspect all items for which he grants a request to dispose of before the end of the ten (10) day reten- tion period. (4) Reports to Chief of Police. Every dealer shall deliver the records required in subsection (3) above to the City of Ames Chief of Police or his designee every business week which deal with period transactions occurring in except that an itinerant dealer shall deliver the records required in subsection (3) above to the City of Ames Chief of Police or his designee every day which deal with the transactions occurring in that period. (5) .Inspection of Premises. Every dealer shall admit to its premises during its regular business hours, any police officer to examine its City provided record book on the premises or in its possession, as well as articles,purchased or received; and to search for and to take into possession any article known by that officer to have been reported missing or known or believed by the officer to have been stolen. (6) Prohibitions. (a) No dealer shall conceal, secrete or destroy for the purpose of concealing, any item purchased or acquired by him for the purpose of preventing identifica- tion thereof by a police officer or any person claiming to own the same. (b) It shall be unlawful for any dealer in the course of the dealer's business ress or occupation to acquire, nods barter, exchange pawn, ner eigany g(18) from any person years of age. (c) It shall be unlawful for any dealer to acquire, by purchase, barter, exchange or pawn, items bearing evidence of a serial number which has been tampered with or scratched or obliterated in any manner unless such departmentrsonimmediately med iatthe contacts the police city. (d) It shall be unlawful for any dealer to acquire, by purchase, barter, exchange or pawn, any items prior to examining a picture identification with a physical de- scription of the person selling, bartering, exchanging or pawning said articles. Section Two. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any.