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ORDINANCE NO. ,~ l g$
AN ORDINANCE TO REGULATE PAWN SHOPS AND PAWNBROKERS
WITHIN THE CITY OF WEST MEMPHIS, TO REQUIRE ELECTRONIC
REPORTING, FOR THE REPEAL OF ORDINANCE 298, AND FOR
OTHER PURPOSES.
WHEREAS, Ordinance 298 was adopted in 1955 for the purpose of regulating the
occupation of pawnbrokers in West Memphis and said ordinance has not been revised or updated
since its adoption and several of the provisions contained in Ordinance 298 are outdated and in
need of repeal or revision; and
WHEREAS, the City Council of the City of West Memphis finds it desirable to regulate
the occupation of pawnbrokers with provisions similar to those of other Arkansas municipalities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Definition of pawnbroker. Pawnbroker means a person engaged in the
business of lending money upon the security of goods deposited with it or left in pawn, with or
without a fixed period of redemption, whether or not a fixed place of business is maintained for
such purposes.
SECTION 2. Electronic recordkeeping by pawn shops or pawnbrokers.
(a) Each and every owner or operator of a pawn shop or pawnbroker doing business in
the City of West Memphis, Arkansas, shall within six months of the adoption of this ordinance,
maintain an electronic inventory tracking system which is capable of delivery and transmission
of all statutorily-required information via computer to the entity designated by the West
Memphis Police Department.
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(b) The owner or operator of a pawn shop or pawnbroker will be required to upload the
information to the entity designated by the West Memphis Police Department within two
business days of the receipt of the goods purchased (pawned).
SECTION 3. Delivery to chief of police. Until the electronic recordkeeping is
implemented as provided by the previous section, persons or businesses required to keep the
records specified in Section 2 of this ordinance shall deliver a copy of the records for the past
seven days to the chief of police or his/her designee, typewritten and in a form approved by the
chief of police, by 9:00 a.m. on the first business day of each week.
SECTION 4. Removal of property. No property bought or received in pawn shall be
sold, leased or otherwise removed from the pawnbroker or dealer's place of business, except for
redemption by the person who placed the property in pawn, for a period of seven days after the
record of acquisition as required in this ordinance has been delivered to the chief of police or
his/her designee.
SECTION 5. Inspection of records. The records required to be kept pursuant to this
article and all properties bought, received or held by any pawnshop owner or pawnbroker shall
be open and accessible to any officer of the police department for inspection or other official
business at any and all times.
SECTION 6. False or incorrect information. No pawnbroker or owner/operator of a
pawnshop shall report any false or incorrect information on the records and reports required in
this ordinance.
SECTION 7. Violations. The failure on the part of any owner or operator of a pawn
shop or pawnbroker to comply with the provisions of this ordinance shall be deemed a
misdemeanor, and punishable as set out in Chapter 1.12 of the West Memphis Municipal Code.
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SECTION 8. Repealer. Ordinance 298 is hereby repealed and all ordinances or parts
of ordinances in conflict herewith are hereby repealed to the extent of any such conflict.
PASSED AND APPROVED this 1,5 day of , 2008.
ATTEST:
P ILLIP RA, CITY CLERK
WILLIAM H. JOHNSO ,MAYOR
SPONSO BY:
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RECEIVED
City Clerk's Office
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