Ordinance 94-2924 ORDINANCE NO. 94-2924
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 20, ENTITLED "BUSINESS LICENSES" , AMENDING
SECTION 20-0, ENTITLED "CONSTRUCTION OF CHAPTER;
DEFINITIONS" BY REVISING THE DEFINITIONS OF "PAWNBROKER, "
"SECONDHAND DEALER" AND "SECONDHAND GOODS" ; AMENDING
SUBSECTION 20-35, ENTITLED "RECYCLERS AND SECONDHAND
DEALERS/PAWNBROKERS" BY REVISING APPLICATION FORMS FOR
PAWNBROKER AND SECONDHAND DEALER LICENSES, CLARIFYING AND
REVISING REPORTING, HOLDING PERIOD AND IDENTIFICATION
REQUIREMENTS AND REGULATIONS PERTAINING TO PROHIBITED
ACTS, ADDING A PROVISION LIMITING THE HOURS OF OPERATION
FOR PAWNSHOPS TO THE HOURS BETWEEN 8 : 00 A.M. AND 5 : 00
P.M. , REVISING AND CLARIFYING PROVISIONS REGARDING
APPLICABILITY OF THE REGULATIONS AND ENFORCEMENT AND
PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, it is necessary to revise and update the City' s
regulations relating to pawnbrokers and secondhand dealers in
keeping with County regulations and State law; and
WHEREAS, the revisions set forth herein will strengthen the
City' s ability to regulate pawnshops and secondhand transactions
within the City of Miami Beach.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 20-0 .
That Section 20-0 of Miami Beach City Code Chapter 20 ,
entitled "Business Licenses" is hereby amended as follows :
Sec. 20-0 CONSTRUCTION OF CHAPTER; DEFINITIONS.
(40) Pawnbroker. Any person, corporation, partnership, or
other business organization or entity which is not solely a
secondary metals recycler subject to Chapter 538 , Part II ,
Florida Statutes, which is regularly engaged in the business
of making pawns . or who rcgularly loans moncy or anything of
value on stocks, bonds or other 3ccuritic3 . This The term
does not include a financial institution as defined in Section
655 . 005 , Florida Statutes or any person who regularly loans
money or any other thing of value on stocks, bonds or other
securities .
(54) Secondhand dealer. Any person, corporation, partnership
or other business organization or entity which is not solely
a secondary metals recycler subject to Chapter 538, Part II ,
Florida Statutes, engaged in the business of purchasing,
consigning, or pawning, selling, bartering, exchanging in any
manner at retail or wholesale or otherwise dealing for profit
in secondhand goods as defined herein. The term shall include
pawnbrokers and all dealers who buy, trade or sell or who make
loans of money upon the deposit or pledge of secondhand goods .
(55) Secondhand goods. Personal property previously owned or
used which is not regulated metals property regulated under
Chapter 538 , Part II , Florida Statutes, and which is
purchased, sold, bartered, exchanged, consigned or pawned as
used property. The term shall include but not be limited to
items containing gold, silver, platinum or other precious
metal ; jewelry, diamonds, gems, and other precious stones;
audio and video equipment, including but not limited to
television sets, radios, amplifiers, receivers, turntables,
tape recorders, videotape recorders, speakers, and citizens'
band radios; photographic equipment, including but not limited
to cameras, leases, electronic flashes, tripods and developing
equipment ; machinery; tools, electric motors, calculators,
tires, hub caps, musical instruments, typewriters and
firearms .
* * *
SECTION 2 . AMENDMENT OF SECTION 20-35 .
That Section 20-35 of Miami Beach City Code Chapter 20,
entitled "Business Licenses" is hereby amended as follows :
Sec. 20-35 . RECYCLERS AND SECONDHAND DEALERS/PAWNBROKERS.
* * *
B. SECONDHAND DEALERS/PAWNBROKERS
1 . Application form. In addition to the information
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required by Section 20-10 herein, application forms for
Secondhand Dealer and Pawnbroker licenses shall also require
submission of the following information:
a. Names and addresses of at least two (2)
persons who will supply character references for the
applicant .
b. The name of one person, not living at the
same address as the applicant, who will always know where the
applicant is living, if the applicant should move .
c . The places of residence of the applicant
for the last two years .
d. Information as to whether the applicant
has ever been convicted of a felony.
e . If the applicant is a partnership, the
information required by paragraphs a. through d. shall be
furnished for each partner. If the applicant is a limited
partnership, the information required in paragraphs a. through
d. shall be furnished for the responsible partner and for each
limited partner. If the applicant is a corporation, the
information shall be furnished for each officer, and for each
shareholder owning twenty percent (20%) or more of the
corporate stock.
2 . Recordkeeping requirements .
a.All Secondhand dealers and Pawnbrokers
shall keep a record of all pawns and other transactions of
secondhand goods . The record shall be clearly and legibly
written by the d alcr or hic rcprcocntativc in ink, in the
English language at the time of each acquisition and shall
contain an accurate and true description of each article
purchased, bartered, exchanged or received, including a
notation as to any identifying markings or characteristics
such as serial numbers, manufacturer' s numbers, or other
identifying marks or characteristics; the amount of money or
other consideration loaned thereon or paid or given therefor,
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or value placed on redemption; the date and time of the
acquisition of such article by the secondhand dealer or
pawnbroker; the true name of the person dealt with as well as
the person' s signature and thumbprint, place of residence,
workplace, home and work phone numbers, sex, age, height,
weight, build, color of hair, color of eyes, complexion and
proof of identification by an exhibition of a government
issued photograph identification card such as a driver' s
license or military identification card. crcdcntial which
includc3 a photograph of the scllcr. The record shall contain
the type of identification exhibited, the issuing agency, and
the number thereon. For purposes of this Subsection, credit
cards, Social Security cards, handwritten identification cards
and nonphoto I .D. shall not constitute acceptable I .D. No
entry made in such record shall be erased, obliterated or
defaced. A complete and accurate copy of the record shall be
delivered to the office of the Chief of Police of the City of
Miami Beach within twenty-four (24) hours of the date of
acquisition of items covered under this Section.
b.Q— Each record maintained in compliance with
this Subsection Scction shall be maintained exclusively on the
official form designated for this purpose by the Chief of
Police . The Police Department shall provide without charge to
each secondhand dealer a book of official forms to be used for
recording of covered transactions . Upon completion of all
forms within this book, each dealer may purchase form books
for future use from the Police Department at actual cost or
otherwise reproduce the official form for their own future
use .
c . In addition to the record the secondhand
dealer or pawnbroker shall require the seller to sign a
statement verifying that the seller is the rightful owner of
the goods or is entitled to sell or pledge the goods . Such
statements shall be kept on the premises and available for
inspection by the Police Department .
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3 . Holding period.
a. A secondhand dealer shall not sell,
exchange, alter, adulterate, or in any way dispose of the
secondhand goods within fifteen (15) calendar days of the date
of acquisition of the goods .
b. Items containing gold, silver, platinum or
other precious metal and jewelry, diamonds, gems and other
precious stones shall be held by secondhand dealers for a
period of fifteen days prior to sale, exchange, alteration,
adulteration or other disposition thereof . All other property
covered by this chapter Subsection B herein which is acquired
in the course of a secondhand dealer' s business shall be held
for a period of thirty (30) days prior to disposition thereof;
provided, however, that the provisions of this subsection
shall not be applicable when the person known by the business
to be the true owner of any article desires to redeem,
repurchase or recover such article at any time within the
required hold period. The business owner shall keep a record
of the proof of ownership presented by the true owners .
Additionally, disposal of secondhand goods which are pawned
shall be as provided in Section 538 . 16 , Florida Statutes .
If a police officer has probable cause to
believe that an item acquired by a secondhand dealer in the
course of business is the subject of a criminal investigation,
such police officer may take thc itcm (3) into custody
providing the dealer with a receipt . Upon release of such
property, thc business owner shall kccp a record of thc
disposition thereof, including the method of disposal, i . e .
redeemed, melted down, altered or sold. If Sold by the
d aler, the record shall reflect to whom, address of buyer,
thc date and the amount paid and this record must be
maintained for one year. extend the holding period to a
maximum of sixty (60) days . However the holding period may be
extended beyond sixty (60) days by a court of competent
jurisdiction upon a finding of probable cause that the
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property is stolen and further holding is necessary for the
purposes of trial to safeguard such property. The dealer
shall assume all responsibility, civil or criminal, relative
to the property or evidence in question, including
responsibility for the actions of any employee with respect
thereto . Upon release of such property, the secondhand dealer
shall keep a record of the disposition thereof .
d. All dealers in secondhand property
regulated by this Subsection B shall maintain transaction
records for five (5) years .
4 . Inspection of Premises and Records .
4— Any law enforcement officer shall upon
authorization of the Chief of Police or his/her designee of
the Miami Beach Police Department, have the right to inspect
during normal business hours the premises and the records
required to be kept by this Section.
5 . Prohibited Acts and Practices .
r Each of the following acts of either a
secondhand dealer or pawnbroker or any of his or her employees
is hereby declared to be unlawful : and shall subject the
to the penalties proscribed by Article 1, Section 1 of the
Related Laws of the City of Miami Beach.
a. Knowingly purchasing or otherwise
acquiring any article covered by this Ordinance from: making
a transaction with:
(1) Any person under the influence of drugs or
alcohol ; or when such condition is apparent ; or
(2) . Any minor unless said minor has the
consent of his or her parent or guardian pursuant to Fla.
Stat . 538 . 014 ; or person under the age of eighteen (18) years;
or
(3) . Any person using a name other than his
own name or the registered name of his business .
b. Refusing, denying or interfering with the
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lawful inspection of the records required to be kept by this
Subsection Section by a police officer.
c . Disposing of any property covered by this
Subsection Section contrary to the provisions of this
Subsection Section.
d. Failing or neglecting to comply with any
applicable provision of this Subsection Section.
6 . All pawnbrokers shall be required to obtain a
secondhand dealer license in addition to the pawnbroker
license .
7 . Hours of Operation. No secondhand dealer/
pawnbroker shall engage in or conduct business as a secondhand
dealer/pawnbroker between the hours of 5 : 00 P.M. and 8 : 00 A.M.
8 .4.= The provisions of this Section shall not apply
to:
a. Registered religious or charitable
organizations selling reconditioned, or used articles; at a
temporary or occasional sale;
b. Permitted Caragc Sales; Any garage sale
operator who holds garage sales less than ten week ends per
year.
c . Any person whose primary business is
dealing in gold or silver coins if such business is licensed
pursuant to law or ordinance .
9 . e- No license issued to a secondhand dealer
or pawnbroker shall be transferred from the person to whom it
was issued.
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Enforcement. Enforcement of this Section shall be
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by the Police Department of the City of Miami Beach. Any
violation of this Section shall be punished by a revocation of
the occupational license in addition to any other penalticc
provided by law. Upon conviction, violators may be subject to
penalties provided in Section 1-8 of this Code .
Alternatively, violations of this Section which also
constitute violations of Chapter 538 , Part I , Florida Statutes
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may be punished as provided in Section 538 . 07, Florida
Statutes (1993) as amended from time to time .
Additionally, violators may be subject to business
license revocation procedures as set forth in Sections 20-42
and 20-43 herein and suits for injunctive relief .
This Ordinance shall take effect on the 14th day of May.
PASSED and ADOPTED this 4th day of May 1994 .
ATTEST:
MAYOR
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CITY CLERK
1st reading: 4/20/94
2nd reading: 5/4/94
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FORM APPROVED
LEGAL DEPT.
By
Date 'W.S' ^ 4f
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OFFICE OF THE CITY ATTORNEY
624 licAm
F L O R I D A
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LAURENCE FEINGOLD g ih
CITY ATTORNEY "f420 26C;s MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO:
DATE: May 4, 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. ON
FROM: LAURENCE FEINGOL
CITY ATTORNEY
SUBJECT: ORDINANCE CLARIFYING AND STRENGTHENING REGULATION OF
PAWNBROKERS AND SECONDHAND DEALERS
The Planning Board recently studied the City' s regulations
pertaining to the location and operation of pawnshops. Their study
resulted in a proposed zoning ordinance amendment which appears at
R-3-J on the April 20, 1994 Commission Agenda. Additionally, the
City Attorney' s Office advised the Board that some of the suggested
regulations pertaining to operation of pawnshops would be more
appropriately placed in an amendment to the business regulations
found in Chapter 20 of the City Code. The attached ordinance was
drafted by our office to address these concerns for strengthening
the City' s regulation of pawnbrokers and secondhand dealers and to
update the regulations in keeping with the requirements of the Dade
County Ordinance and State law.
The proposed Ordinance prohibits operation of pawnshops and
secondhand stores between the hours of 5 : 00 P.M. to 8 : 00 A.M. .
This change is in keeping with the requirements'of Dade County Code
Section 21-29 which prohibits the conduct of such business after
5 : 00 p.m. and Section 538 . 15, Florida Statutes which prohibits such
business before 8 : 00 a.m.
The Ordinance also prohibits alteration or disposal of
secondhand goods during the first fifteen (15) days after their
acquisition. It also includes the provision of Section 538 . 06 ,
Florida Statutes which provides for an additional holding period of
up to sixty (60) days at the request of the Police Department for
items which are the subject of a criminal investigation and
provides for additional extensions pursuant to court order.
Record keeping requirements are strengthened in the proposed
Ordinance. All secondhand dealers would be required to maintain
transaction records available for police inspection for a period of
five (5) years . Additionally, the Ordinance clarifies that the
business premises must be open to police inspection during -normal
business hours . Secondhand dealers would be required to keep more
detailed records and obtain additional information regarding
acquisitions including the workplace and home and work telephone 176
numbers of persons with whom they deal . Such persons would be
required to exhibit a government-issued picture identification when
engaging in transactions .
AGENDA
ITEM
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Commission Memo
Ordinance Clarifying and Strengthening
Regulation of Pawnbrokers and Secondhand Dealers
Page 2
Convicted violators of the ordinance may receive a fine of up
to $1, 000 and/or imprisonment for up to ninety days.
Alternatively, violations of the ordinance which also constitutes
violations of Chapter 538, Part I, Florida Statutes may be
convicted of a first degree misdemeanor and punished as provided by
Section 538 . 07, Florida Statutes by a fine of up to $10, 000 and
imprisonment not exceeding a year. Additionally, violators may be
subject to business license revocation and/or suits for injunctive
relief.
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