ARTICLE B.  PAWNBROKERSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19805
2-5B-1: STATEMENT OF LEGISLATIVE INTENT; REGULATION:
2-5B-2: DEFINITIONS:
2-5B-3: LICENSE REQUIRED:
2-5B-4: CONTENTS OF LICENSE:
2-5B-5: POSTING LICENSE:
2-5B-6: APPLICATION FOR LICENSE; CONTENTS OF APPLICATION:
2-5B-7: APPLICATION AND INVESTIGATION FEES:
2-5B-8: FINGERPRINT BASED BACKGROUND CHECKS:
2-5B-9: CONFIDENTIAL INFORMATION:
2-5B-10: PROPRIETOR ONLY ELIGIBLE FOR LICENSE:
2-5B-11: BUSINESS PROHIBITED IN LIQUOR OR GAMING ESTABLISHMENTS:
2-5B-12: BOND FOR PAWNBROKER:
2-5B-13: LICENSE FEE:
2-5B-14: LICENSE LIMITATION:
2-5B-15: RENEWAL, COMPLIANCE:
2-5B-16: COMPREHENSIVE REVIEW:
2-5B-17: LICENSE TRANSFER OR ASSIGNMENT:
2-5B-18: REGISTRATION CARD REQUIRED:
2-5B-19: RETENTION OF PLEDGE OR PAWN:
2-5B-20: PAWN TICKET:
2-5B-21: SEPARATION OF ITEMS:
2-5B-22: DAILY REPORT TO POLICE CHIEF:
2-5B-23: FORMS FOR DAILY REPORT:
2-5B-24: PAWNSHOP RECORD LEDGER:
2-5B-25: POLICE TO PROVIDE FORMS AND FILE REPORTS:
2-5B-26: CERTIFICATION OF RIGHT TO PLEDGE OR SELL PROPERTY; UNLAWFUL TO ACCEPT ARTICLES FROM CERTAIN PERSONS:
2-5B-27: PAWNSHOP EMPLOYMENT RESTRICTED TO PERSONS OVER EIGHTEEN YEARS:
2-5B-28: PAWNBROKER LIABLE FOR EMPLOYEES:
2-5B-29: RETENTION AND REMOVAL OF PROPERTY RECEIVED IN PLEDGE:
2-5B-30: IDENTIFICATION OF BUSINESS REQUIRED:
2-5B-31: RESTRICTION ON KNIVES AND RAZORS:
2-5B-32: LIMITS ON INTEREST AND CHARGES:
2-5B-33: MEMORANDUM OF RECORD BOOK ENTRY TO PLEDGOR:
2-5B-34: LIMIT ON NUMBER OF LICENSES:
2-5B-35: STORAGE COMPOUND WHEN MOTOR VEHICLES ARE PAWNED:
2-5B-36: INACTIVITY OF LICENSE:
2-5B-37: INSURANCE AND SAFEKEEPING OF PLEDGES:
2-5B-38: LIABILITY INSURANCE WHEN MOTOR VEHICLES ARE PAWNED:
2-5B-39: CLEAR TITLE REQUIRED FOR PAWNING MOTOR VEHICLE:
2-5B-40: LICENSE PLATES TO BE REMOVED AT TIME OF MOTOR VEHICLE PAWN:
2-5B-41: PAWNBROKER TO OBTAIN DEALER'S LICENSE FROM STATE OF NEVADA WHEN MOTOR VEHICLES ARE PAWNED:
2-5B-42: PAWNBROKER TO OBTAIN USE PERMIT FROM CITY OF MESQUITE:
2-5B-43: APPLICATION OF OTHER ORDINANCES, NEVADA REVISED STATUTES:
2-5B-44: LICENSEE'S AGREEMENT TO CONFORM TO LAW:
2-5B-45: LICENSE REVOCATION, SUSPENSION, CANCELLATION:
2-5B-46: NOTICE OF HEARING; HEARING PROCEDURE:
2-5B-47: PENALTY FOR VIOLATION:

2-5B-1: STATEMENT OF LEGISLATIVE INTENT; REGULATION:linklink


It is found and declared that the public health, safety, morals and welfare of the inhabitants of the city, and the police power of the city, require the regulation and control of all persons engaged in the business of pawnbrokers or in the operation of pawnshops. All "pawnbrokers" as defined in section 2-5B-2 of this article, shall be licensed and controlled to protect the public health, safety, morals, good and general welfare of the inhabitants of the city and to safeguard the public. It is further found and declared that the right to obtain such license is a privilege due to the opportunities for criminal transactions or the hiding or exchange of stolen goods and other illegal or illicit activity and that the operation of such facility, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for violation of the conditions of this article. In conformity with the policy of this article, the following persons are declared not to be qualified to hold a license under the provisions of this article:


A. A person who does not possess or who does not have a reputation for possessing a good moral character.


B. A person who is under the age of twenty one (21) years.


C. A person who has been convicted of a crime involving moral turpitude.


D. A person whom the city, after due consideration for the protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city, determines is not a suitable person to receive or hold a license.


E. A person who is a licensee of either the Nevada state gaming commission or the licensing board of Clark County relative to gaming or the licensee of any incorporated cities in the state relative to gaming.


F. A person whose license, issued pursuant to the provisions of this article, or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of pawnbroker businesses, has been revoked for cause.


G. A person who, at the time of renewal of any license issued under this article, would not be eligible for such license upon a first application.


H. A partnership, limited partnership or association, unless all of the members of such partnership, limited partnership or association are qualified to obtain a license.


I. A corporation, unless it is incorporated in the state of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada.


J. A corporation or limited liability corporation, if an officer, director, or member thereof would not be eligible to receive a license for any reason which would disqualify an individual applicant. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934819
2-5B-2: DEFINITIONS:linklink

As used in this article, the words and terms defined in this section have the meanings ascribed to them unless a different meaning clearly appears in the context.

MOTOR VEHICLE: Any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.

PAWNBROKER: Any person within the city who loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledgor or depositor, or who loans or advances money or personal property by taking chattel mortgage security thereon, and takes or receives such personal property in his possession. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934820
2-5B-3: LICENSE REQUIRED:linklink


A. It is unlawful for any person to conduct or transact a pawnbroking business in the city without first having procured a city license therefor, as provided in this article. A separate license shall be required for each location, place or premises used for the conducting of such pawnbroking business.


B. If a pawnbroker accepts motor vehicles as pledged property or in any other manner allows the use of a motor vehicle as collateral for a loan, the pawnbroker must obtain an additional automobile pawnbroker license from the city as required by Nevada Revised Statutes 268.0973, as may be amended or renumbered from time to time, and pay the additional fee outlined in section 2-1-13 of this title (pawnbrokers), as may be amended or renumbered from time to time. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934821
2-5B-4: CONTENTS OF LICENSE:linklink

The license issued under this article shall state the name of the person to whom issued, the place of business and street number where such business is located and the amount of capital employed. Such license shall entitle the person receiving it to do business at the place designated in such license. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934822
2-5B-5: POSTING LICENSE:linklink

It is unlawful for any person to conduct or transact a pawnbroking business in the city, unless, he shall keep posted in a conspicuous place, in the place of the business, the license certificate. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934823
2-5B-6: APPLICATION FOR LICENSE; CONTENTS OF APPLICATION:linklink


A. Application For License:

1. Application for a pawnbroker license or motor vehicle pawn license shall be filed with the business license official.

2. After the time of approval of the business license, a pawnshop license must be active within thirty (30) days, with all fees and bonding requirements completed. In no instance may a license remain inactive for more than forty five (45) days unless there has been special approval by the city after a review of circumstances.

3. Applicants shall reply in writing to any and all questions pertaining to the issuance or renewal of licenses, as may be required by the city to process applications.


B. Contents Of Application:

1. The application shall state the name and address of the applicant, and in case of a firm or corporation, the names and addresses of the persons composing such firm, or the names and addresses of the officers and stockholders of such corporation; also the place, street and number where such business is to be carried on; and shall specify the amount of capital proposed to be used by the applicant in such business; and signed by at least five (5) citizens of the city, of good reputation, certifying to the good reputation and moral character of the applicant.

2. Said application shall also state in writing the names and addresses of all persons owning an interest in such business, including the name and address of the general manager or managers of the business, and where there is more than one owner of a pawnbroker's establishment, the names of all such persons owning an interest in such business shall be listed on the application, together with a statement as to the percentage of such business owned by each individual.

3. If the applicant is an individual, the applicant must state in the application his name and place of residence, whether or not he is a citizen of the United States, whether or not he is a bona fide resident of Clark County and a registered voter of the state.

4. Said application shall set forth a consent to police department and business license department investigation of the applicant's background, including, but not limited to, financial background, employment history and criminal record.

5. The application shall require the applicant to list any and all previous arrests, convictions or pending litigation, except minor traffic citations, and the applicant must certify that they are true and complete. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934824
2-5B-7: APPLICATION AND INVESTIGATION FEES:linklink


A. Application Fee: At the time of filing such application, the applicant shall deposit with the business license official an amount of money equal to at least one-half (1/2) year, and not more than one year's charge for the license applied for. This sum of money shall be refunded to the applicant if the license petitioned for is not granted.


B. Investigation Fees: Each applicant shall be required to deposit with the application a nonrefundable investigation and fingerprinting fee of one hundred forty five dollars ($145.00).


C. Timing Of Fee Payment: No investigation shall be made of any applicant for a pawnbroker dealer's license prior to the payment by the applicant, and receipt of application and investigation fees, by the city, and no license shall be issued until all appropriate fees are paid. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934825
2-5B-8: FINGERPRINT BASED BACKGROUND CHECKS:linklink


A. Fingerprint Based Background Checks: In addition to submitting an application, each applicant for a pawnbroker license shall present themselves to the city police agency for fingerprinting and furnish the city police agency or business license department any other information necessary to conduct an investigation of such applicant's character and reputation. In all cases where the applicant for a pawnbroker's license is a firm, partnership, association or corporation, the business license official shall determine who of the members, principal officers, directors, stockholders, and/or managers shall present themselves to the city police agency for fingerprinting. Fingerprint data provided by applicants will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city police agency. Upon completion of the investigation, the city police agency shall prepare and submit to the business license official a report containing findings and a recommendation of approval or disapproval of the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934826
2-5B-9: CONFIDENTIAL INFORMATION:linklink


A. All fingerprints required to be taken under the terms of this article and all information obtained by reason of said fingerprints shall be maintained by the city police agency in a confidential file to be opened for the inspection only of city council members, law enforcement officers and peace officers of the state.


B. All information, other than criminal history information, of a confidential nature supplied under the terms of these regulations shall be maintained by the business license official in a confidential file, to be open for the inspection only of city council members, law enforcement officers and peace officers of the state. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934827
2-5B-10: PROPRIETOR ONLY ELIGIBLE FOR LICENSE:linklink

No pawnbroker license shall be issued to any person, copartnership, corporation, company or association other than the real and actual proprietor of the business and place of business for which it is issued. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934828
2-5B-11: BUSINESS PROHIBITED IN LIQUOR OR GAMING ESTABLISHMENTS:linklink

It shall be unlawful for any person to solicit pawnbroker business in any establishment wherein there is licensed liquor or gaming. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934829
2-5B-12: BOND FOR PAWNBROKER:linklink


A. Bond: The applicant shall file, with the application, a bond running to the city, conditioned for the faithful observance of all ordinances of the city respecting pawnbrokers, during the continuance of such license, and any renewal thereof. This bond shall be in the sum of five thousand dollars ($5,000.00), with two (2) or more individual sureties. The applicant shall attach to the bond a justification to the effect that the sureties are residents within the county and each are worth the amount specified in such bond, over and above all just debts and liabilities, and exclusive of property exempt from execution.


B. In Lieu Of Bond: In lieu of the above mentioned bond there may be used a surety bond from a company authorized to do business in the state of Nevada.


C. Bond Approval: The bond provided for in this section shall be approved by the business license official before any pawnbroker license shall be issued. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934830
2-5B-13: LICENSE FEE:linklink

License fees shall be charged as outlined in section 2-1-13 of this title, as may be amended or renumbered from time to time. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934831
2-5B-14: LICENSE LIMITATION:linklink

A pawnbroker license shall not permit the licensee to conduct the business of a merchant, or any other business except the sale of pawned or pledged articles or things after forfeiture according to law. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934832
2-5B-15: RENEWAL, COMPLIANCE:linklink

No pawnbroker license now issued, or hereafter issued, shall be renewed or extended for a total period of more than one year without complying with all the provisions of this article. The provisions of this article as to issuance of licenses shall apply to all persons now holding a pawnbroker license when the same shall expire by their terms. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934833
2-5B-16: COMPREHENSIVE REVIEW:linklink

Each new pawnshop licensee shall be subject to a comprehensive review by staff after six (6) months of operation. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934834
2-5B-17: LICENSE TRANSFER OR ASSIGNMENT:linklink

Any assignee or transferee of a valid pawnbroker license is required to receive a pawnbroker license prior to engaging in the business of pawnbroking. It is unlawful for any licensee to permit the licensed premises to be managed or utilized by a lessee, assignee or other transferee who has not first received a pawnbroker license and obtained approval of city for the transfer or assignment of the pawnbroker licensed, and filed a new bond in accordance with section 2-5B-12 of this article. It shall be unlawful for any person to do business, or attempt to do business, under a license transferred to them without such consent of the city. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934835
2-5B-18: REGISTRATION CARD REQUIRED:linklink

All owners, managers and stockholders actively engaging in the management of a pawnbroker operation, and all employees thereof, must present themselves for fingerprinting in the police chief's office and secure a registration card prior to operating the establishment, and such registration card must be carried upon the person at all times, must remain current and is nontransferable, but shall be revocable by the city for cause. Each individual subject to this provision shall provide a full set of fingerprints and a nonrefundable fingerprinting fee of forty five dollars ($45.00). Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city police agency, which shall render fitness determinations. No person shall be employed by any applicant without first complying with the provisions of this section. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934836
2-5B-19: RETENTION OF PLEDGE OR PAWN:linklink

The pawnbroker shall retain in his possession every pledge or pawn ninety (90) days after the maturity of the loan, or ninety (90) days after the last payment of interest, whichever is greater; provided that all personal property including motor vehicles, placed in pawn, must be held for redemption by the pawnbroker, for at least one hundred twenty (120) days after the date of pledge. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934837
2-5B-20: PAWN TICKET:linklink


A. Pawn Ticket To Be Furnished To Pledgor: Any pawnbroker shall furnish to the pledgor what is known as a pawn ticket (i.e., receipt), plainly numbered, containing the name, residence, age, sex, race and description of the pledgor, a description of the article or thing pawned or received, the specific type of transaction (buy, pawn or sell), date of receipt thereof, the amount loaned and rate of interest, the time for redemption, and names of the pledges, and shall affix to each article or thing, a tag, upon which tag shall be inscribed a number of legible characters, which number shall correspond to the number of the pawn ticket, and be entered in the record ledger required to be kept pursuant to this article. In the case of motor vehicles, the description shall include the make, model, color, year, and vehicle identification number of the particular vehicle.


B. Information On Back Of Pawn Ticket:

1. The following information shall be printed on the back of each pawn ticket required to be given the pledgor:

    In the event of failure to pay the loan within one hundred twenty (120) days from the date hereof, or within ninety (90) days after maturity, or within ninety (90) days after payment of any monthly interest due, whichever period of time is the greater, you shall thereby forfeit all right and title unto such pledged and pawned property to the pawnbroker who shall thereby acquire an absolute title to the same.

2. The reverse side of the receipt shall also be marked in such a manner that the amounts of principal and interest and any other charges paid by the person securing the loan can be clearly designated thereon. Each payment shall be entered upon the reverse side of the ticket and shall designate how much of the payment is being credited to principal, how much to interest, and how much to any other charge, with the date of the payments shown thereon. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934838
2-5B-21: SEPARATION OF ITEMS:linklink

The pawnbroker shall be responsible to keep separate any pawned items being held for redemption from those items being released for sale after the redemption period. All pawned items being held for redemption must be stored in an area not visible to customers. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934839
2-5B-22: DAILY REPORT TO POLICE CHIEF:linklink

Every pawnbroker in the city must, before the hour of twelve o'clock (12:00) noon of every day, make and deliver to the police chief, at his office, a full, true and detailed report in writing, on forms setting forth an exact description of each article or thing pawned or received by such pawnbroker during the twenty four (24) hours immediately preceding such report. This report shall be a full, detailed and correct copy of all entries in the master record ledger required to be kept as stated in section 2-5B-24 of this article. If no article or thing has been pawned or received, a report must be made to that effect. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934840
2-5B-23: FORMS FOR DAILY REPORT:linklink

The chief of police or his designee shall cause such a number of blanks to be printed as may be necessary for the purpose of making the reports required by this article. The police chief or his designee shall from time to time cause such additional blanks to be printed as may be required. These blanks shall be so printed and subdivided that they shall have space for writing in all the matters required by this article to be registered and reported. This report shall be written in the English language in a clear, legible manner. Such blanks shall bear a caption, providing spaces in which shall be filled in the date of the report, the name and residence of the person making the same and the hour of day when made, and all other matters required by this article to be reported. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934841
2-5B-24: PAWNSHOP RECORD LEDGER:linklink


A. Every pawnbroker shall maintain in his place of business a book or other permanent record ("master record ledger") wherein every transaction made must be legibly recorded in the English language, at the time of each loan or purchase, a record thereof containing:

1. The date and time of the transaction.

2. The name or other identification of the person or employee conducting the transaction.

3. The name, age, street and house number, the serial number of one piece of positive identification and a general description of the complexion, color of hair and facial appearance of the person with whom the transaction is had. In lieu of recording the serial number of a piece of positive identification, the record may contain an indication that the pawnbroker knows the person with whom the transaction is had.

4. A description of the property received in pledge. In the case of watches, the description must contain the name of the maker and the number of the works or the case. In the case of jewelry, all letters and marks inscribed thereon must be included in the description.

5. The amount of money loaned or advanced.

6. The number of any pawn ticket issued.

7. The time when the property is redeemable.


B. No entry made in the master record ledger shall be erasable, obliterated or defaced.


C. The master record ledger as well as all goods, articles, vehicles or things pawned, pledged or deposited, shall be open and available to the prosecuting attorney or any peace officer upon reasonable notice to the pawnbroker.


D. Upon receipt of any pawned item, the pawnbroker should mark the same with a mark of identification, which will be related to the entry made in the master record ledger. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934842
2-5B-25: POLICE TO PROVIDE FORMS AND FILE REPORTS:linklink

The chief of police or his designee shall deliver the blanks provided for in section 2-5B-23 of this article to the person from whom these reports are required, from time to time, at the cost of the police department. The chief of police, or his/her designee, shall, upon receipt of such reports, file them in some secure place in his office, and they shall be open to inspection only by the chief of police, the city prosecutor, any officer directed by the chief of police, or upon the order of some court duly made for that purpose. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934843
2-5B-26: CERTIFICATION OF RIGHT TO PLEDGE OR SELL PROPERTY; UNLAWFUL TO ACCEPT ARTICLES FROM CERTAIN PERSONS:linklink


A. The person with whom a transaction is had shall, at the time of the transaction, certify in writing that he has the legal right to pledge or sell property.


B. It shall be unlawful for any pawnbroker, his servant, agent or employee to receive any goods, articles or things in pawn or pledge from a person who appears to be under the influence of alcohol or drugs, or is a person under the age of eighteen (18) years. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934844
2-5B-27: PAWNSHOP EMPLOYMENT RESTRICTED TO PERSONS OVER EIGHTEEN YEARS:linklink

It shall be unlawful for any pawnbroker to employ any clerk or person under the age of eighteen (18) years to receive any pledge or make any loan. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934845
2-5B-28: PAWNBROKER LIABLE FOR EMPLOYEES:linklink

The holder of a pawnbroker's license shall be liable for any and all acts of his employees, and for any violation by them of any of the provisions of this article. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934846
2-5B-29: RETENTION AND REMOVAL OF PROPERTY RECEIVED IN PLEDGE:linklink


A. No property received in pledge by a pawnbroker may be removed from his place of business after the receipt of the property is reported to the chief of police as provided in this article, unless the property is: redeemed by the owner thereof; or released to the custody of a peace officer in the manner set forth in Nevada Revised Statutes 646.047.


B. A pawnbroker who receives a motor vehicle in pledge as security for a loan may remove the motor vehicle from his place of business to a place used for storage of motor vehicles that meets the requirements set forth in section 2-5B-35 of this article. The pawnbroker shall hold the motor vehicle at the place of storage for the same period that personal property must be held at his place of business pursuant to this article and may only remove the motor vehicle from the place of storage under the same conditions that personal property may be removed from the place of business pursuant to this article. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934847
2-5B-30: IDENTIFICATION OF BUSINESS REQUIRED:linklink

Every person licensed under this article shall cause his name, or the firm name, or the corporation name, with the words "licensed pawnbroker" to be printed or painted, in large, legible characters, and placed over the outside of the door or entrance of his office or place of business. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934848
2-5B-31: RESTRICTION ON KNIVES AND RAZORS:linklink

A licensed pawnbroker may buy, sell or take for pledge, pawn or security, safety razors, or any dirk, bowie knife or any other knife of any kind or size, whether or not it has any blade over three inches (3") long; provided, however, that no licensed pawnbroker shall buy, sell or take for pledge, pawn or security any other razor, sword, cane, slingshot, blackjack, brass knuckles or Spanish stiletto; provided further, however, that permission to buy, sell or take for pledge, pawn or security of any of the aforementioned permitted knives does not mandate permission to carry such weapons concealed upon the person of anyone in contravention of applicable city ordinances or state statutes. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934849
2-5B-32: LIMITS ON INTEREST AND CHARGES:linklink

It shall be unlawful for any pawnbroker to charge or receive interest at a greater rate than ten percent (10%) a month for money loaned on the security of personal property actually received in pledge, and no person shall ask or receive a higher rate of interest or discount on any such loan or on any actual pretended sale or redemption of personal property; provided, however, that for any loan made, the pawnbroker may collect a handling charge of five dollars ($5.00) in addition to the interest rate. It shall be unlawful for any pawnbroker to charge or receive any appraisal fee, storage fee, or any fee or charge other than the amounts hereinabove specified. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934850
2-5B-33: MEMORANDUM OF RECORD BOOK ENTRY TO PLEDGOR:linklink

Every pawnbroker shall at the time of each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note signed by them in such record book, and an estimated value of the goods, articles or things pledged; and no charge shall be made or received by any pawnbroker, for any such entry, memorandum or note. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934851
2-5B-34: LIMIT ON NUMBER OF LICENSES:linklink

There shall be allowed two (2) pawnbroker licenses for each fifty thousand (50,000) in population for the combined population of the city of Mesquite and the town of Bunkerville, as determined and reported by the state of Nevada department of taxation, pursuant to the provisions of Nevada Revised Statutes 360.283, and as certified by the governor, pursuant to the provisions of Nevada Revised Statutes 360.285. Each pawnbroker shall be limited to one pawnshop license. An automobile pawnbroker license obtained by a licensed pawnbroker pursuant to section 2-5B-3 of this article shall not count against the pawnbroker license limit set forth in this section. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934852
2-5B-35: STORAGE COMPOUND WHEN MOTOR VEHICLES ARE PAWNED:linklink


A. Pawnbrokers engaged in pawning motor vehicles shall provide and maintain at least one storage compound within the city limits, sufficient in size to handle a minimum of fifteen (15) motor vehicles. Such compound shall be enclosed by a chainlink fence or block wall topped with eighteen inch (18") outriggers. Gates or doors for access to the compound shall be kept closed and locked when the premises are not open for business. Any portion of said compound that is within one thousand feet (1,000') of the nearest edge of the right of way of any city maintained roadway shall be screened so as not to be visible from the main traveled way of such roads.


B. A pawnbroker shall not charge more than the daily vehicle storage fee outlined in Nevada Revised Statutes 646.050, as amended or renumbered from time to time, for the storage of a motor vehicle which is collateral for a loan. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934853
2-5B-36: INACTIVITY OF LICENSE:linklink

The license of a pawnbroker who has not engaged in any pawn activity for a period of ninety (90) consecutive calendar days shall be subject to revocation by the city unless the pawnbroker has received specific approval or permission to close or to stay closed, but such total time shall not exceed one year from date of approval. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934854
2-5B-37: INSURANCE AND SAFEKEEPING OF PLEDGES:linklink

Every pawnbroker licensed under the provisions hereof shall provide a safe place for the keeping of the pledges received by them and shall have sufficient insurance on the property held on pledges, for the benefit of the pledgors, to cover the pledgors' loss in case of destruction by fire. This policy shall be made payable, in case of loss, to the proper authority, for the benefit of the pledgors, as their interest may appear, which policy shall be deposited with such proper authority. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934855
2-5B-38: LIABILITY INSURANCE WHEN MOTOR VEHICLES ARE PAWNED:linklink

Every pawnbroker engaged in pawning motor vehicles shall possess and maintain garage keeper's liability insurance in the amount of one hundred thousand dollars ($100,000.00), general (public) liability insurance in the amount of one hundred thousand dollars ($100,000.00) and collision insurance in the amount of fifteen thousand dollars ($15,000.00). (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934856
2-5B-39: CLEAR TITLE REQUIRED FOR PAWNING MOTOR VEHICLE:linklink

It is unlawful to pawn any motor vehicle on which there exists any lien, security interest or encumbrance of whatever nature or to pawn any motor vehicle if the person pawning said motor vehicle is not the legal owner. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934857
2-5B-40: LICENSE PLATES TO BE REMOVED AT TIME OF MOTOR VEHICLE PAWN:linklink

The license plates from any motor vehicle to be pawned must first be removed by or at the direction of the registered owner of the motor vehicle. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934858
2-5B-41: PAWNBROKER TO OBTAIN DEALER'S LICENSE FROM STATE OF NEVADA WHEN MOTOR VEHICLES ARE PAWNED:linklink

Every motor vehicle pawnbroker engaged in pawning motor vehicles must possess a dealer's license from the state of Nevada department of motor vehicles and must fully comply with the requirements set forth in Nevada Revised Statutes 482.318 et seq. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934859
2-5B-42: PAWNBROKER TO OBTAIN USE PERMIT FROM CITY OF MESQUITE:linklink

Every pawnbroker must possess a use permit pursuant to title 9 of this code. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934860
2-5B-43: APPLICATION OF OTHER ORDINANCES, NEVADA REVISED STATUTES:linklink


A. The terms, conditions and policies of other applicable ordinances are intended to be applied in conjunction with the enforcement of all other ordinances of the city designed for the protection of the public health, safety, morals and welfare. The fact that such ordinances are not specifically referred to in this article shall in no manner preclude their application to pawnbroker licensees.


B. The terms, conditions and requirements of this article are in addition to those imposed under Nevada Revised Statutes chapter 646. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934861
2-5B-44: LICENSEE'S AGREEMENT TO CONFORM TO LAW:linklink

Acceptance of a city pawnbroker license by a licensee constitutes an agreement on the part of such licensee to be bound by all of the regulations of the city as the same are now, or may hereafter be amended or promulgated. It is the sole responsibility of the licensee to keep informed of the content of all such rules and regulations, and ignorance thereof shall not excuse violations. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934862
2-5B-45: LICENSE REVOCATION, SUSPENSION, CANCELLATION:linklink

A license issued pursuant to this article may be revoked, suspended, or canceled by a majority vote of the city council at any regular or at any special meeting convened and held for that purpose upon a show cause order for any wilful violation or omissions of this article. If a license is revoked, suspended, or canceled pursuant to this provision, it shall be unlawful for the licensee to maintain or conduct such business under the license, or at all. Upon such revocation, suspension or cancellation, no refund of any portion of the license fee shall be made to the licensee and he shall immediately cease all business at all places under such license. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934863
2-5B-46: NOTICE OF HEARING; HEARING PROCEDURE:linklink

Notice and the procedure of a hearing scheduled for the purposes set forth in section 2-5B-45 of this article shall be in accordance with section 2-1-14 of this title, as amended or renumbered from time to time. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934864
2-5B-47: PENALTY FOR VIOLATION:linklink


A. Fine: Any person violating any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00), or imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment.


B. License Revocation: In addition to the penalties above named, any person convicted of wilfully violating any of the provisions of this article shall be subject to having his license to do business within the city revoked. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934865