Pawnbroker Licence By-law

1. Definitions

"Council" means Council of the Corporation of Haldimand County;

"Issuer" means the Issuer of Licences appointed by Haldimand County;

"Municipality" refers to the municipality of Haldimand County

"Pawnbroker" means a person who carries on the business of taking by way of pawn or pledge an article for the repayment of money lent thereon;.

"Pawner" means a person who delivers an article for pawn to a pawnbroker;

"Pledge" means an article pawned with a pawnbroker;

"Shop" includes any place where the business of a pawnbroker is carried on.

2. Requirements for Licensing, Licence Fees and Security

a.  Every pawnbroker shall procure and maintain in good standing a licence from Council in accordance with the provisions of this By-law authorizing him to engage in pawnbroking within the boundaries of Haldimand County.

b.  No person shall carry on the business of a pawnbroker unless he or she obtains a pawnbroker's licence from Haldimand County.

c.  No person shall, by virtue of one licence, carry on business as a pawnbroker in more than one shop.

d.  Where two or more persons carry on business as pawnbrokers in partnership in the same shop, only one licence is necessary.

e.  Every pawnbroker shall provide The Corporation of Haldimand County with security to the satisfaction of the Municipal Treasurer in the amount of $2,000.00 for the due observance of the pawnbroker of the Pawnbrokers Act.

3. Application for Licence

h.  Council shall hear and consider the recommendation of the Issuer and the evidence adduced in support thereof and shall hear and consider the evidence from the Applicant in the event that the Applicant or his or her representative attends. Council, after consideration of the evidence adduced and all submissions made at the hearing, shall make a decision to grant the Licence to the Applicant or to refuse the Licence to the Applicant and the Clerk shall provide written notice and reasons for Council's decision.

i.  Every licence issued under this By-law shall expire on the 31st day of December in the year that it is issued.

4. Renewals

a.  In the case of an application for renewal, a Licencee shall make an application within thirty (30) days of the expiration of an existing Licence, and a Licence shall be renewed unless a recommendation is made by the Issuer to Council that the Licence not be renewed, and in that event, the Licencee shall be given reasonable notice and a hearing shall be conducted in the like manner to the hearing set out in Section 3(h) above.

5. Requirements for Operating as a Pawnbroker

a.  Every licensed pawnbroker in Haldimand County shall keep exhibited in large, legible characters on a sign over the front door of the shop, the pawnbroker's name and the word "PAWNBROKER"; and

b.  Every licensed pawnbroker in Haldimand County shall keep displayed conspicuously in the shop a notice in large, legible characters so as to be visible to persons pawning articles or redeeming pledges, showing,

1. 1. rights of redemption of pledges,
   2. rates of interest authorized by law to be taken by pawnbrokers for sums lent, and
   3. maximum charges authorized by the Pawnbrokers Act R.S.O. 1990 c.P6

c.  Every licensed pawnbroker in Haldimand County shall operate his or her business in compliance with the Pawnbrokers Act, R.S.O. 1990, c.P.6, as amended.

6. Restrictions in Respect to Operating as a Pawnbroker

a.  A pawnbroker shall not:

i.  purchase any article or receive or take any article in pawn from any person who appears to the pawnbroker to be under the age of eighteen years or to be under the influence of alcohol or drugs;

ii.  purchase or take in pawn a pawn ticket issued by himself or any other pawnbroker;

iii.  employ or permit any person under sixteen years of age to take any pledge in pawn;

iv.  carry on business as a pawnbroker on Sunday, Good Friday, Christmas, or any day appointed by proclamation of the Governor General or the Lieutenant Governor as a public holiday, or  any other day before 8 o'clock a.m. or after 8 o'clock p.m

v.  purchase or sell or otherwise deal with any pledge while in pawn with him, except in accordance with the Pawnbrokers Act;

vi.  suffer any pledge while in pawn to the pawnbroker to be redeemed with a view to the pawnbroker's purchasing it;

vii.  make any contract or agreement with any person pawning or offering to pawn any article, or with the owner thereof, for the purchase, sale or disposition thereof, within the time of redemption;

viii.  take in pawn any Cross, Medal, Insignia or other decoration granted by or with the approval of Her Majesty; or

ix.  melt any gold, silver, platinum or other precious metal that was pawned with the pawnbroker that was not redeemed, and that has become the pawnbroker's absolute property under the Pawnbrokers Act, unless authorized so to do by the Council of The Corporation of Haldimand County in which the pawnbroker carries on business.

7. Requirements for Records in Respect to Operating as a Pawnbroker

b.  Where a person tendering an article for pawn refuses or is unable to produce any identification, the pawnbroker shall enter in his book a note thereof, which shall be deemed to constitute compliance with the identification requirements of  clause (a)(ii) of this By-law;

c.  The entries shall be numbered in the book consecutively in the order in which the articles are pawned.

d.  At the time of taking an article in pawn, the pawnbroker shall give the pawner a pawn ticket containing,

1. 1. the pawnbroker's name and business address;
   2. the name of the pawner;
   3. the day, month and year in which the pledge was taken in pawn;
   4. the number of the entry of the pledge in the pawnbroker's book;
   5. a description of the pledge;
   6. the sum lent on the pledge;
   7. the rate of interest charged for the sum lent;
   8. the charge for the pawn ticket; and
   9. the charge for storage, if any.

e.  Where a pawnbroker has reasonable cause to suspect that an article offered has been stolen or otherwise unlawfully obtained, the pawnbroker shall forthwith report the matter to a member of the Haldimand-Norfolk OPP.

f.  Every pawnbroker shall keep up to date during each year a list, arranged alphabetically, of the names of the persons who have pawned articles with the pawnbroker, and each such list shall be kept for not less than one year after the end of the year during which it was compiled.

8. Daily Report to Police

a.  Every pawnbroker shall before noon of every business day make a report either for the Chief of Police or such other person as is designated by by-law of the Council of the municipality.

b.  Such reports shall contain, in respect of every transaction made during the time period specified by the Haldimand-Norfolk OPP, all the information required under section 7(a) to be entered in the pawnbroker's book.

c.  Such reports shall be the pawnbroker's book reproduced by any means whatsoever so long as the copy is legible.

9. Identification of Police

a.  Each pledge shall be identified by a number that corresponds with the number of the pawn ticket and the entry of the transaction in the pawnbroker's book, and, when the pledge is redeemed, the pawnbroker shall record the amount of interest taken and of all other charges and shall keep the record for not less than one year after redemption.

10. Inspection by Police

a.  Every police officer shall at all times be given access to and may inspect a pawnbroker's books, papers and pledges, and when so engaged may have with him or her such other persons as he considers advisable.

11. Penalty

a.  Every person who without reasonable excuse contravenes or fails to comply with this By-Law is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

12. Pawnbrokers Act R.S.O. 1990, Chapter P.6 as amended

a.  This By-Law shall be read in conjunction with the Pawnbrokers Act, R.S.O. 1990, Chapter P. 6 as amended.

13. Effective Date of By-law

a.  That the effective date of this By-law shall be the date of final passage thereof.