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ORDINANCE N0.
AN ORDINANCE TO DEFINE THE BUSINESS AND OCCUPATION OF. PAV/NBROKER;
TO PROVIDE FUR THE REGULATION OF THE BUSINESS AND THE PREMISES
~;iMEREiN C0(~7UCTED; TU PROVIDE FOR A PRIVILEGE LICENSE FUR THE
OPERATION THEREOF; TO PROVIDE PENALTIES FOP, VIOLATION OF THIS
I ORDINANCE.
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Sec. I. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF WEST MEMPHIS, ARKANSAS that it shall be unlawful for any
person, firm, partnership or corporation to establish or conduct
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~ a business of pawnbroker unless such person, firm, partnership
or corporation shall have first procured a license from the
City Clerk to conduct such business in the City of Vlest Memphis,
~ Arkansas, in accordance with the regulations hereinafter set
~ out.
S¢c. 2. BE IT FURTHER ORDAINED that for the purposes of
this Ordinance and unless the context otherwise appears, the
I pawnbroker shall be deemed to b¢ any person, firm, partnership
or corporation whose business or occupation is to take or
receive, by the way of pledge, pawn or exchange, any goods,
~ wares or merchandise or any kind of personal property whatever.
~ Sec. 3. BE IT FURTHER ORDAINED that every pawnbroker
shall keep a book which shall be ,made with a stub, which shall
i be numbered consecutively and shall correspond in all essential
particulars to the detachable pawn ticket attached thereto.
Th¢ pawnbroker shall, at the time of making any loan, enter
upon the stub, as well as the pawn ticket, a clear and accurate
description, written in ink in the English language, of the
property pawned, the date and amount of money loaned and when
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due, the name and residence address of the pawnor and if the
article bears a serial number, the serial number. The pawnor
shall sign the stub with his residence address and receive the
detached pawn ticket which shall b¢ signed by the pawnbroker.
S¢c. 4. The pawnbroker shall deliver daily, except
Sunday, to the Chief of Police, before the hour of 12:00
o~clock Noon, a correct copy of all entries made in the stub
book during the preceding business day. The said book shall
be carefully preserved without alteration and at all times b¢
open to the inspection of the Chief of Police or any police
officer of the City of `Nest Memphis, Arkansas.
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S¢c. 5. BE IT FURTHER ORDAINED, that it shall b¢ unlawful
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for any pawnbroker to sell, exchange, barter or remove from
their place of business or permit to be redeemed, any of the
goods pledged, pawned or deposited by, to or with them for the
period of forty-eight hours after making of the report thereon
as provided for in this Ordinance.
Sec. 6. BE IT FURTHER ORDAINED, that no person licensed
as a pawnbroker shall, by virtue of one license, keep more
than one house, shop or place for such business of pawnbroker,
provided, however, that such license may be transferred from
one place to another with the consent of the City Clerk and
Chief of Police.
Sec. 7. BE IT FURTHER C)RDAINED, that every person
licensed by the City of West Memphis, Arkansas, under this
Ordinance shall cause his or her name, or the firm name, or
the corporation name "LICENSED PA~YJNBROKERS", and no other
vaord or words, to be printed or painted, in large legible
characters and placed on the front of said building or over
the entrance thereof and no other description shall be
permitted upon the front of said building.
Sec. 8. BE IT FURTHER OP,DAINED, that no person so
licensed shall take any article in pawn, pledge or as security
from any person under legal ac~¢, nor from any person appearing
to be intoxicated, nor from any person known to such pawn-
broker to be a thief, or to have been convicted of larceny,
or housebreaking, without first notifying a police officer,
and when any person is found to be the owner of stolen property,
which has been pawned, such property shall b¢ returned to the
owner thereof without the payment of the amount advanced by
the pawnbroker thereon, or any costs, expenses or charges of
any kind, which the pawnbroker may have placed upon the same.
S¢c. 9. BE IT FURTHER ORDAINED, that no licensed paw~-
broker shall buy, sell or take for pledge, pawn or security,
any device which may b¢ used in the same of chance, and~or
gaming device, nor shall any licensee have any device that is
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and~or is used in the following: chuck-a-luck, crackloo, craps,
dice, dice and chips used in the game of craps. Equality,
rtFrench Pool" or Paris Nlutuel, "Keeno" lottery, lotto, pack of
cards, pico, punch board, Rondo, shuffle-board, six-wheel,
stock table, tables used for playing pool and billiards, poker
chips and poker tables, ten pin alleys, roulette, wheel of chance,
slot machine, Faro,Grand Raffle, or any device used in or for the
,game of chance.
Nor shall any licensed pawnbroker buy, sell or take for pledg~,
'pawn or security any razor, except safety razor, or any dirk,
bowie knife or other knife of like kind or size, or any other
knife with any blade over two and one-half inches long, sword
cane, slingshot, blackjack, brass knucks, or Spanish stiletto.
Sec. 10. BE IT FURTHER OPDAINED, that no pawnbroker shall
demand or receive any greater rate of interest or compensation
than the lawful rate of interest allowed to be charged for one
year under the laws and statutes of the State of Arkansas.
Sec. II. BE IT FURTHER ORDAINED, that no pawnbroker shall
keep open his place of business before 8 o~clock A.M. or after
8 o~clock P.M., provided that on Saturday of each week it shat)
be lawful for pawnbroker to keep open until II o~clock P.M.
Pawnbrokers shall keep their places of business closed all day
Sunday through the entire year, and on all election days.
S¢c. 12. BE IT FURTHER ORD,~It~ED, that the pawnbroker shall
retain in his possession every pledge or pawn fifty ISO) days
after maturity of said loan. If the pledgor shall fail or neglect
for fifty 150) days after maturity of said loan to redeem said
~~ pawned property, the pawnbroker may, at any time thereafter, mail
a notice to said pledge owner at the residence designated by him
on the stub of the book required to be kept by Section Three l3)
of this Ordinance, which notice shall give the number of the pawn
ticket and a description of the property pledged and in addition,
shall notify said pledgor that said property must b¢ redeemed
within ten days of said notice and specify the date and upon his
failure to redeem within said time said pledged property will
be forfeited to the pawnbroker and the right of the pledgor there-
after to redeem divested. Said notice shall be in form substant-
ially, as follows:
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~yJes t Memphis, Arkansas
19
To Nam¢
No. Street
City
State
you are hereby notified to redeem your pledged property on or
before ten days from date, to-wit (give date)
or the same will be forfeited to t ¢ pawnbroker under your agree-
ment; and your right to redeem your pledged property will th¢re-
aft¢r be divested. Your -pawn ticket is No. Th¢ property
pledged by you as security is described as fo lows:
(General d¢scrip ion o property)
awn ro er
o. r¢¢
That upon the date of mailing a notice, it shall also be
the duty of the pawnbroker to publish a notice in a newspaper
pub) fished i n the City of ')Jest ftnemphi s, .'~rkansas, in substance,
as fo I lows : ~ViEST MENiPHI S, Af;KANSAS
fDat¢) 19
To Pledgors and Pawnors:
You and each of you are hereby notified that the owners
of pawn ticket number to , inclusive, must
redeem the pledges represented by your pawn ticket on or
before ,19 , or your right to redeem will
b¢ forfei ¢ .
awnbro ¢r.
But if, notwithstanding said notice, the person obtaining
the loan shat( fail to redeem said pawn and pledged property
within ten days designated in said notice, the pledgor shall
thereby forfeit all right and title and interest of, in and to
such pawned and pledged property, to the pawnbroker, who shall
thereby acquire an absolute title to the same, and the debt
become satisfied, and the pawnbroker shall have authority to
sell or dispose of said unredeemed pledges as hereinafter
provided.
Sec. 13. BE IT FURTHEF ORDAIi~JED, that Section Tw¢ive of
this Ordinance shall be printed in full on back of the pawn
ticket required to b¢ given to the pl¢dgor.
Sec. i4. BE IT f-URTI-dcR 0°D::I~~d~D, that if any pledgor,
upon redeeming his or her property, finds that said property
has been damaged and rendered I¢ss valuable, the amount of
damage done to said property shall be deducted from the amount
to the pawnbroker and if tho_ damage done to said property is
greater than that due said pawnbroker, then, in that event
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the pawnbroker shall re-imburse the owner for the damage done
to such property.
S¢c. 15. BE IT FURTHER ORDAINED, that no pawnbroker, loan-
broker or keeper of a loan office shall, in the conduct of said
business, under any pretense whatever, purchase or buy any
personal property whatsoever.
S¢c. 16. BE IT FURTHER URDAIi~ED, that every pawnbroker
shall, at the time of each loan, deliver to the person pawning
or pledging any goods, articles or things, a merorandum or
note signed by him, containing the substance of tMe entry re-
quired to be made by him in said record book, and an estimated
value of the goods, articles or things pledged, and no charge
shall b¢ made or received by any pawnbroker for any such entry,
memorandum or note.
S¢c. 17. BE IT FURTHEf; ORDAINED, that no person licensed
as aforesaid shall carry on any other business or vocation,
directly or indirectly, in the same building, or in any building,
adjoining the place or building in which he may be licensed to
carry on the business of pawnbroker, loan broker or keeper of a
loan office. No person licensed as aforesaid shall permit any
other business of any character whatsoever to be conducted in
the same building where the business of the licensee hereunder
is conducted. Provided, that nothing in this ordinance shall
be taken to preclude a pawnbroker from selling or disposing of
unredeemed and repossessed pledges from his place of business.
S¢c. 18. BE IT FURTHER ORDAINED, that in addition to
said record heretofore provided for every pawnbroker at the
time h¢ or she receives any article for pawn shall provide
upon a card three inches by five inches in size, which card
shall be provided by the licensee upon said card the descrip-
tion to be given such description as may be called for by
said blank card form. A separate card shall b¢ provided and
used for every such article received in pawn in his own hand-
writing, his name and address and such person shall also re-
produce thereon his right thumb print at the place indicated
therefor on the back of such card. In the event the right
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thumb is amputated, then such other finger print as required
by the pawnbroker shall be taken and such finger print fully
described and designated upon the card. Such thumb print shall
b¢ reproduced and taken in the usual approved manner and shall
not be blurred or obliterated. The pawnbroker shall then fill
in a description of the party in accordance with the informa-
tion requested and required on the back side of such blank form
card as hereinafter provided.
The cards hereinafter provided for shall b¢ five t5l separate
types; one type for watches only, which card shall be blue in
color; one type for jewelry and diamonds only, which card shall
be yellow in color; one type for revolvers, shotguns and rifles,
which card shalt be green in color; one type for clothing, which
.card shall b¢ pink in color; and one type for adding machines,
cash registers, check protectors, typewriters, dictaphones,
bicycles, sinks, bathtubs, toilet stools, washbowls, faucets,
and all other plumbing fixtures, chandeliers, fluorescent lights,
and all other electrical fixtures, musical instruments and
all other second hand articles not hereinabove numerated, and
which shall be denominated miscellaneous articles, which card
shall be white in color; the pawnbroker shall fill in the
proper type of card for each article pawned. Each pawnbroker
so licensed shall deliver to the Chief of Police or his
designee, everyday before the hour of Twelve o+clock Noon,
all such cards describing the goods, articles or things
pawned and containing the description, signature and right
thumb print of the person pawning the same. Said reports
shall be delivered to the office of the Chief of Police or
designee. Th¢ front side of the cards shall b¢ in the
following form and contain the following printed matter
thereon:
F
TH 'FRON'T. S f DE O
~I N THE
8E
SH~~
L F THE
FOL LO' .BLUE TYPE
I Nc FORP~ OF CAf=U TU BE P;;OV IDEJ ~1f~ USED FOR ''ti~ATCHcS ONLY ~
AND
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R I.~T ED PV~1p,TTER THEREON:
LAbY•• Jt~Mtli ~ _~ IIIAK# ~ Muw~i! 01 wAT~I WORKb
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slsi i ! MAT[RIAL i ' srrL[ ( ieuwKrR 011 CUs
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IN!'1"iAL# APdD 3N7~`RIrTIOIt# '
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~PURCNA#[ !'RICt., ~.~__. __TRADt•~N~~lCt~~ VIItCtIVtD ___ ~ $ATt
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DtAL[R'# NAM[
LC+CAT3ti)N
QfiAL[R`# LIC[N#[ WUwetR
DAT[ R[/QRTtD I9
THE FRONT SIDE OF THE TYPE OF YELLOW CARD TU BE PROVIDED AND USED FUR JEurELRY AND
DIAMONDS ONLY SHALL BE 1'HE FOLLO'wING FURPfi AND COiJTAIN THE FOLLJ'i71NG PRINTED n-1ATTER:
FUR J[WELIiY ONL.r
ARTICLE MAT[RtAL ___.__
1 ~ fETTING_ AND DE:IaN
NO. K1NG~ fl~E-
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PURCNA~E PEE I AMOUNT LC~RL~~
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TIME RECEIVED -_ ~ -~- -DATE--- - i
P. M. _ -.I
A M ~ 19 _-
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DEALER'S NAME
DEALER"5 LOCATION ~
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D/iTE REPORTED
DEALER"5 TICKET NO i
T -FRONT SIDE OF THE TYPE OF GREEN CARD TU BE PROVIDED AND USED FOR REVOLVERS,
SHOTGUNS AND RIFLES ONLY SHALL BE THE FULLO'ty"ING FORM AND CONTAIN THE FOLLD~'II~G
PRINT ED iV~ATTER:
For Revolvers, Shotguns and Rifles only
Article Serial No.
Niakerls Name Model No.
Make: Caliber; Length of barrel:
Blue Nickel
urc ase rice moun oan¢ eceiv¢ a e
A.M.
P.M.
Dealerls Name
Location
Dealerls Ticket No. Date Reported 19
THE FRONT SIDE OF THE TYPE OF PINK CARD TU BE PROVIDED AI~1D USED FOR CLOTHING ONLY
SHALL BE IN THE FULLU`'~ING FORM AND CONTAIN THE FULLO'~-SING PRINTED n~~ATTER THEREON:
FOR CLOTHING ONLY
ARTICLt __ COLOR
MAK [Ri NAM[ MAT[RIAL
INITIAIf, NAME AND CLEAN[R# MARK _____ ___.
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_ wRCMA#t -RIC[ AMOUNT LOANED RtC[IV[p
A. M.
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LOCATION
DATE
if
ptA4[R # TICK[T NO. _ DATt R[-ORTtp 1#
THE FRONT SIDE OF THE TYPE OF ~~7HITE CARD TJ ~t NKUVIuty Hivu v tv ruK H u -~
TYRE; OF Iv,ERGHANUISE Aim ARTICLES OUTLINED ABOVE SHALL BE IN THE FOLLOWING FORIv~~
ANJ 'FC~~NTA I N. THE FO L LO`J i NG PRINTED >;~~~,-°. ~',"~'''~~°~°~ '"'~ °~~_~:
MATTE'~;~jH~REON:
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THE BACK SIDE OF ALL TYPES OF CARDS RE~.~UIRED BY THIS ORuiNAi~ICE TU BE PROVIDED
AND USED ABOVE SHALL BE I N THE FO L LuC~~' I NG FORM AND CUNTA I N THE FO L L0~'~,~ 1 NG
PRINTED ~V~ATTER THEREON:
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,A •:TC7M^11Y~ .... _- ... --"-r _.-7:s di Vt. YiJ wIY xist s~T ~s'J7 ~Y Ttr1$ ;s?.A l_XFt.
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Sec. 19. BE IT FUP,THER ORDAINED that the privilege tax
per annum for the operation of a business or occupation of
pawnbroker in the City of ~:~fest Memphis, Arkansas, shall b¢
Five Hundred and No~100 Dollars ($500.00) per annum, which
privilege license shall be paid to the City Cierk.
S¢c. 20. BE IT FURTHER ORDAINED, that every person, firm,
partnership or corporation, their agents or employees who shall
violate any of the provisions of this Ordinance, shall on
conviction thereof, be deerned guilty of a misdeam¢nor and
shall b¢ fined in a sum not less than Twenty Fiv¢ and No~[00
Dollars t$25.OOi nor more than One Hundred and No~100 Dollars
1$100.00), and each darts violation shall constitute a separate
offense. Upon any such conviction, the license of said pawn-
broker or pawnbrokers shall b¢ revoked.
SEC. 21. BE IT FURTHER ORDAINED, that if any clause,
sentence, paragraph, section, or any part of this Ordinance
shall be held or declared to be unconstitutional and void, it
shall not affect the remaining part or parts of this Ordinanc¢~
it being hereby declared to be the intent to have passed the
remainder of this Ordinance, notwithstanding the part so held
I~ to be invalid, if any.
This Ordinance shall take effect from and after its
passage the public welfare requiring it.
This Is~,day of March, 1955.
ATTEST:
CI Y CL R