Chapter 6.12
JUNK DEALERS – PAWNBROKERS – SECONDHAND DEALERS*

Sections:

Article 1 – Junk Dealers and Secondhand Dealers

6.12.010    Junk defined.

6.12.020    Junk dealer’s license – Bond – Fee.

6.12.030    Secondhand dealer defined.

6.12.040    Secondhand dealer’s license fee – Separate license for each business.

6.12.050    Secondhand dealer’s bond.

6.12.060    Receipt of material from juveniles or intoxicated persons.

6.12.070    Name and address of seller required.

6.12.080    Records to be kept – Inspection.

Article 2 – Pawnbrokers

6.12.090    Definitions.

6.12.100    License fee – Separate license for each business.

6.12.110    Bond.

6.12.120    Records – Required information.

6.12.130    Inspection of records.

6.12.140    Removal of goods from pawnshop – Receipt of goods from juvenile or intoxicated person.

6.12.150    Hours.

6.12.155    Violation – Penalty.

6.12.160    Violator designated.

*    Editor’s Note: Prior ordinance history: Ordinance 18 (1957).

Article 1 – Junkdealers and Secondhand Dealers

6.12.010 Junk defined.

“Junk,” as used in this chapter, includes and means old rope, old iron, brass, copper, tin and lead, salvaged parts and accessories from wrecked automobiles, rubber, rags, empty bottles, paper, bagging, parts of machinery, scrap metals of all kinds, and such other worn-out and discarded articles, materials, and odds and ends as can be turned to some use; provided, however, it does not include and mean furniture, household furnishings, goods, clothing, machinery or tools which can be used again for the purpose for which they were originally intended.

(Ord. 18 (1967) § 1, 1967)

6.12.020 Junk dealer’s license – Bond – Fee.

Hereafter it is unlawful for any person, firm, association or corporation, to engage in the business of buying or selling or collecting junk or secondhand materials, or to buy, sell, or collect junk or secondhand materials in the county of Kitsap without first obtaining a license so to do, which shall be known as a junk dealer’s license; and in addition thereto shall before receiving the license give a surety company bond to the county of Kitsap in the sum of one thousand dollars, conditioned for the due observance and faithful compliance with all the terms and conditions of such ordinance of the county of Kitsap, as may be in force or may be passed respecting the business of junk dealer and pay a fee for the issuance of such license in the sum of twenty-five dollars per year.

(Ord. 18 (1967) § 2, 1967)

6.12.030 Secondhand dealer defined.

Any person who engages as a business in the purchase, sale, trade, barter or exchange of secondhand goods, other than “junk” as defined in Section 6.16.010, is a secondhand dealer, within the meaning of this chapter.

(Ord. 18 (1967) § 3, 1967)

6.12.040 Secondhand dealer’s license fee – Separate license for each business.

It is unlawful for any person to engage in the business of secondhand dealer without first procuring a license so to do, to be known as a “secondhand dealer’s license.” The fee for such secondhand dealer’s license is ten dollars per year.

Any person having more than one place of business where secondhand goods are bought, sold, traded, bartered or exchanged, is required to procure a separate license for each and every such place of business.

(Ord. 18 (1967) § 4, 1967)

6.12.050 Secondhand dealer’s bond.

A secondhand dealer, before receiving such license, is required to give a surety bond running to the county of Kitsap in the penal sum of one thousand dollars, conditioned for due observance and faithful performance of and compliance with all ordinances of the county of Kitsap which now or may become effective and relating to his business.

(Ord. 18 (1967) § 5, 1967)

6.12.060 Receipt of material from juveniles or intoxicated persons.

It is unlawful for any junk dealer or secondhand dealer to take, receive or purchase any personal property of any kind or nature, or any article or thing of value, from any juvenile, or the ownership of which is in whole or in part, or which is claimed by any juvenile, or which may be in the possession or under the control of any juvenile. It is unlawful for any junk or secondhand dealer to receive or purchase property from persons intoxicated or appearing to be intoxicated or persons known to have been convicted of larceny or burglary.

(Ord. 18 (1967) § 6, 1967)

6.12.070 Name and address of seller required.

It is unlawful for any junk or secondhand dealer to receive, take or purchase any personal property, goods, or thing of value from any person or persons who refuses to make known his or her or their name or names, place or places of residence or to submit to a general description, or knowingly make any false entry of any matter or thing required to be made under this chapter.

(Ord. 18 (1967) § 7, 1967)

6.12.080 Records to be kept – Inspection.

Every junk or secondhand dealer shall keep a book in which he shall at the time of purchase of any secondhand goods, enter, in the English language, written in ink, a full and accurate description of such goods so bought, together with the name, apparent age, signature and residence of the vendor, and if the vendor is a minor, a statement of the fact, and also the amount paid and the date and hour of purchase, and the book, as well as every article or thing purchased shall at all reasonable times be open to inspection by the sheriff and prosecuting attorney and their deputies.

(Ord. 18 (1967) § 8, 1967)

Article 2 – Pawnbrokers

6.12.090 Definitions.

“Pawnbroker” as used in this chapter means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or to loan money on deposit of personal property.

“Pawnshop” means and includes every place at which the business of pawnbroker is being carried on.

(Ord. 18 (1967) § 11, 1967)

6.12.100 License fee – Separate license for each business.

It is unlawful for any person to engage in the business of pawnbroker, or to conduct a pawnshop, without first having obtained a license so to do, to be known as a “pawnbroker’s license.” The license fee for a pawnbroker’s license is one hundred dollars per year. A separate license shall be required for each separately located pawn shop.

(Ord. 18 (1967) § 12, 1967)

6.12.110 Bond.

In addition to the license fee and before such license is issued, the applicant shall be required to file with the county clerk for each pawnshop a sufficient surety bond in the sum of one thousand dollars, running in favor of the county of Kitsap, and conditioned for the faithful observance by the licensee of all the requirements of the ordinance codified in this chapter and all other ordinances of the county of Kitsap and all state laws relating to the business of pawnbroker.

(Ord. 18 (1967) § 13, 1967)

6.12.120 Records – Required information.

It shall be the duty of every pawnbroker to maintain at his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of such loan, purchase or sale, a record thereof containing:

(1)    The date of the transaction;

(2)    The name of the person or employee conducting the same;

(3)    The name, age, street and house number, and the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;

(4)    The name and street and house number of the owner of the property bought or received in pledge;

(5)    The street and house number of the place from which the property bought or received in the pledge was last removed;

(6)    A description of the property bought or received in pledge, which in the case of watches, shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain a description of all letters and marks inscribed thereon;

(7)    The price paid or the amount loaned;

(8)    The name and street and house numbers of all persons witnessing the transaction;

(9)    The number of any pawn ticket issued therefor.

(Ord. 18 (1967) § 14, 1967)

6.12.130 Inspection of records.

All books and other records of any pawnbroker relating to purchase, pledge, exchange, barter or receipt of any goods, wares, merchandise, or other articles or things of value, shall at all times be open for inspection by the sheriff and prosecuting attorney or any police officer, or detective detailed for that purpose, and all articles or things received, purchased or left in pledge with said pawnbroker shall at all times be open to a like inspection.

(Ord. 18 (1967) § 15, 1967)

6.12.140 Removal of goods from pawnshop – Receipt of goods from juvenile or intoxicated person.

It is unlawful for any pawnbroker to remove any goods, articles or things purchased by him, or left with him, in pledge, from his store, or place of business until the expiration of ten days after the same has been purchased received or left in pawn, unless the goods, articles or things have within the time specified, been inspected as provided in this chapter.

It is unlawful for any pawnbroker, his clerk or employee to receive in pledge, or purchase, any article or thing from any person under twenty-one years of age, or from any person who is at the time intoxicated, or from an habitual drunkard, or from any person addicted to the use of narcotic drugs, or from any person who is known to be a thief, or a receiver of stolen property, or from any person who he has reason to suspect or believe to be such.

The loaning of money to or purchasing goods from any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker, his agent or employee, to violate this chapter.

(Ord. 18 (1967) § 16, 1967)

6.12.150 Hours.

It is unlawful for any pawnbroker to conduct or carry on the business of a pawnbroker, in whole or in part, directly or indirectly, or to open, or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of 6:00 p.m. and 7:00 a.m.

(Ord. 18 (1967) § 17, 1967)

6.12.155 Violation – Penalty.

Violation of any provision of this chapter is a misdemeanor, punishable as provided in Section 1.12.010 of this code.

(Ord. passed August 28, 1972: Ord. 18 (1967) § 18, 1967)

6.12.160 Violators designated.

Every person concerned in any act or omission in violation of this chapter, whether he directly performs or omits to perform any act in violation of this chapter, or aids or abets the same, whether present or absent and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise secures the terms of this chapter may be guilty of a violation of this chapter, and shall be subject to prosecution.

(Ord. 18 (1967) § 19, 1967)