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Chapter 19
SECONDHAND GOODS*
Art. I. In General, §§ 19-1—19-25
Art. II. Garage Sales, §§ 19-26 – 19-40
Art. III. Pawnbrokers, §§ 19-41 – 19-47
ARTICLE I. IN GENERAL
Sec. 19-1 – 19-25. Reserved.
ARTICLE II. GARAGE SALES
Sec. 19-26. Applicability of article.
The provisions of this article shall not apply to or affect persons selling goods pursuant to an order of process of a court of competent jurisdiction or persons acting in accordance with their powers and duties as public officials.
Sec. 19-27. Permit required; fee.
Any person conducting a garage sale or other sale involving the offering for sale of multiple items of personal property on the property occupied as a resident shall be required to obtain a permit therefore from the city. Applications for such permit shall be made to the city collector in such form as may be required by the city and shall be accompanied by a permit fee in the amount of one dollar ($1.00).
(Code 1970, § 21 ½-17)
Sec. 19-28. Rules and regulations.
All so-called “garage sales” or other sales involving the offering for sale of multiple items of personal property on property occupied as a residence shall be subject to the following rules and regulations:
(1) No one shall accept or take in for sale, any goods from any commercial business or enterprise on a consignment basis.
(2) No signs shall be posted advertising such sales without permission of the property owner upon whose property the sign is erected. The seller may install on the residential lot on which such sale is to be held one (1) sign not larger than two (2) feet by three (3) feet, advertising such sale. Such signs shall be erected not sooner than two (2) days prior to the date of the sale, and shall be promptly removed at the end of the sale.
(3) Not more than two (2) such sales per annum shall be held at the premises if occupied by the same family or any member of such family.
(4) Any sale conducted pursuant to the provisions hereof shall be confined to the period between 8:00 a.m. and 9:00 p.m. of any day and shall not extend in excess of two (2) days.
(Code 1970, § 21 ½ - 18)
Sec. 19-29 – 19-40. Reserved.
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*Cross references – Damaged, disabled vehicles and junk, § 13-21 et seq.; peddlers, solicitors and itinerant vendors, Ch. 16. Supp. No. 5.
ARTICLE III. PAWNBROKERS*
Sec. 19-41. Definition.
Any person who leans money on deposit on personal property, or who deals in the purchase of personal property on condition of selling the same back again at the stipulated price, or who makes a public display at his place of business of a sign or display generally used by pawnbrokers to denote their business, to wit: Three (3) gilt or yellow balls, or who publicly exhibits a sign indicating money to loan on personal property on deposit, is declared for purposes of this article to be a pawnbroker.
(Ord. No/ 2471, § 1-30-89)
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*Editors note – Ord. no. 2471, §§ 1-7, adopted January 30, 1989, did not specifically amend the Code; therefore, inclusion as §§ 19-41 – 19-47 was at the discretion of the editor.
Sec. 19-42. Register to be maintained; information required.
Every pawnbroker shall keep a well-bound register of all loans and purchases and record therein, in ink, the names of all person who have left any property on deposit as collateral security or as a delivery on sale thereof and the time and date of the transaction. Opposite each name and date shall be plainly written in ink:
(1) The customer’s date of birth and age;
(2) The customers current residence address;
(3) The customer’s motor vehicle operator’s or chauffeur’s license number, or other city approved identification number (containing a photograph of the customer); or if the customer cannot produce such identification, a photograph of the customer must be taken;
(4) A full description of all property purchased or received or deposited as collateral security;
(5) The manufacturer’s identifying serial number;
(6) The time when the loan falls due;
(7) The purchase price or the amount loaned;
(8) The interest and fees charged.
(Ord. No. 2471, § 2, 1-30-89)
Sec. 19-43. Receipts.
The pawnbroker shall give the customer a plainly written or printed receipt for the articles purchased or pledged, having on each receipt a copy of the entry required to be kept in his register. He shall not be entitled to make any charge for such receipt.
(Ord. No. 2471, § 3, 1-30-89)
Sec. 19-44. Register to be open for inspection; daily reports to be submitted.
The register shall, at all times, be open to inspection by any member of the Johnson County, Missouri, sheriff’s department or city law enforcement officer. It shall be the duty of every pawnbroker to make out and deliver the there chief of police everyday, before the hour of 12:00 noon, a legible and correct copy of his register. The pawnbroker shall maintain and preserve the daily register until eighteen (18) months after the date thereof. The pawnbroker shall also, upon request, show and exhibit to any member of the Johnson enforcement officer for inspection any article of personal property purchased or pledged.
(Ord. No. 2471, § 4, 1-30-89)
Sec. 19-45. Minimum age; business hours.
No pawnbroker shall accept any personal property from an individual under eighteen (18) years of age. No pawnbroker shall be open for business or accept any items of personal property from any person after 9:00 p.m. and before 7:00 a.m.
(Ord. No. 2471, § 5, 1-30-89)
Sec. 19-46. Living on premises prohibited.
No pawnbroker or his family shall be permitted to live in his pawnshop or in rooms connected therwith.
(Ord. No. 2471, § 6, 1-30-89)
Sec. 19-47. Serial numbers or identification numbers.
No pawnbroker shall accept as collateral security, or purchase, any property or item which at the time it was manufactured had a serial number or identification number affixed to it, unless such item shall have plainly visible thereon, the manufacturer’s serial number or identification number.
(Ord. no. 2471, § 7, 1-30-89)
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