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File #: O-450-14    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 8/21/2014 In control: Public Safety Committee
On agenda: 9/25/2014 Final action: 9/25/2014
Title: AN ORDINANCE AMENDING SECTION 123 OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES [LMCO] RELATING TO PAWNBROKERS.
Sponsors: David James (D-6), James Peden (R-23), Madonna Flood (D-24)
Attachments: 1. O-450-14 PAWNBROKERS, 2. ORD 154 2014
Ordinance NO.________, SERIES 2014
title
AN ORDINANCE AMENDING SECTION 123 OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES [LMCO] RELATING TO PAWNBROKERS.
body
SPONSORED BY: COUNCILMEMBERS DAVID JAMES, MADONNA FLOOD, JAMES PEDEN
 
      WHEREAS, the Louisville Metro Council recognizes a need to assist the Louisville Metro Police Department in reducing the pawning or selling of stolen property and returning the stolen property back to the lawful owner;
WHEREAS, the Louisville Metro Council wishes to aid the Louisville Metro Police Department in identifying stolen property and prosecuting thieves by implementing a mandatory fingerprint requirement at pawnshops in Jefferson County;
WHEREAS, the Louisville Metro Council wishes to extend the mandatory hold time from 30 days to 90 days at pawnbrokers in Jefferson County.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE "COUNCIL") AS FOLLOWS:
Section 1:      LMCO Section 123.05 is hereby amended to read as follows:  
LMCO § 123.05 LOAN TICKETS; RECEIPTS OF ARTICLES.
        Every pawnbroker shall give a plain written or printed ticket for the loan to the person negotiating or selling, and a plain written or printed receipt of the articles that have been purchased, or upon which money is loaned, having on each a copy of the entries required by § 123.04 to be kept in his or her register. He or she shall not make any charge for the ticket or receipt.  The loan ticket shall contain a legible fingerprint of each person pawning or selling any goods or articles. The fingerprint shall be taken from the right index finger or, if the right index finger is missing, from the left index finger.
Section 2:      LMCO Section 123.06 is hereby amended to read as follows:  
 
LMCO § 123.06 SALE OF ARTICLES.
       (A)   Pawnbrokers are required to hold all goods received through purchase, consignment, or trade for a period of ten calendar days after receipt.  The goods must be kept in their original form, uncommingled, along with a copy of the transaction record, as set forth in § 123.04 <http://www.amlegal.com/nxt/gateway.dll?f=jumplink$jumplink_x=Advanced$jumplink_vpc=first$jumplink_xsl=querylink.xsl$jumplink_sel=title;path;content-type;home-title;item-bookmark$jumplink_d=kentucky(loukymetro)$jumplink_q=%5bfield%20folio-destination-name:'123.04'%5d$jumplink_md=target-id=JD_123.04>, on the premises of the business location during the holding period for purposes of inspection, if necessary, as provided by this chapter.
        (B)   If the Louisville Metro Police Department has probable cause to believe that an item at a pawnshop has been stolen and the Louisville Metro Police Department notifies the pawnbroker to refrain from selling the item, the item shall not be sold or removed from the premises.  The order to hold shall expire 30 ninety (90) days after receipt of the written notification from the Louisville Metro Police Department unless extended by agreement or modified by an order from the court.
         (C)   Pawnbrokers shall take a digital photograph of goods received through purchase, consignment or trade.  Photographs must be maintained for at least one year from the date of the transaction along with the transaction record, as set forth in § 123.04 <http://www.amlegal.com/nxt/gateway.dll?f=jumplink$jumplink_x=Advanced$jumplink_vpc=first$jumplink_xsl=querylink.xsl$jumplink_sel=title;path;content-type;home-title;item-bookmark$jumplink_d=kentucky(loukymetro)$jumplink_q=%5bfield%20folio-destination-name:'123.04'%5d$jumplink_md=target-id=JD_123.04>.  Digital photographs must accurately depict the goods received through purchase, consignment or trade.  Upon request from the Louisville Metro Police Department, the pawnbroker shall provide an accurate digital photograph of the pawned good to the Louisville Metro Police Department.
        (D)   A pawnbroker may sell any article pawned after the expiration of 60 days from the maturity of the loan, provided that, not less than ten days before making the sale, the pawnbroker shall have given notice to the person by whom the article was pawned, by mail addressed to the post office address of such person as shown on the pawnbroker's register, notifying such person that unless he or she redeems the article within ten days from the date of mailing the notice, the article will be sold.  (KRS 226.050(2))
Section 3:      This Ordinance shall take effect upon its passage and approval.  
   ___________________________
  ____________________________
H. Stephen Ott Metro Council Clerk
Jim King President of the Council
 
 
 ____________________________ Approved: ____________________
 
Greg Fischer Mayor
Date
 
 
APPROVED AS TO FORM AND LEGALITY:
 
Michael J. O'Connell
Jefferson County Attorney
 
 
 
By:      ____________________________
 
LMCO 123 Pawnbrokers Fingerprints 8-14 ROCsjm