§ 36-24. Report of property pledged or purchased; required holding period for precious metal purchased; report not open to public inspection.

(a)

At the close of business each business day, every pawnbroker or precious metal dealer shall report the description of all property received in pledge or purchased as a pawnbroker or precious metal dealer during that day, in whatever quantity received. Such report shall include all property purchased as secondhand merchandise at wholesale, secondhand merchandise taken in for sale or possessed on consignment for sale and secondhand merchandise taken in trade. No such report need be made concerning property or merchandise acquired from another pawnbroker or precious metal dealer licensed in this state in a transaction involving the purchase or other acquisition from the other pawnbroker or precious metal dealer of the other pawnbroker's or dealer's stock in trade or a substantial part thereof in bulk, where the other pawnbroker has made the reports required by this section with respect to such property or merchandise.

(b)

The report shall be submitted to the chief of police or his designee.

(c)

Every precious metal dealer shall retain in the dealer's possession for a period of 30 days all precious metal purchased as a precious metal dealer, and such metal shall remain in the condition in which it was purchased. The 30-day period shall commence on the date that the police chief receives the report of its acquisition in compliance with this section. If the police chief has probable cause to believe that any precious metal reported by a dealer has been stolen, the police chief may give written notice to the dealer to retain such metal for an additional period of 15 days. Upon such notice, the dealer shall retain such metal in an unaltered condition for the additional 15-day period unless the police chief notifies the dealer in writing that the waiting period is terminated at an earlier time.

(d)

Every pawnbroker shall hold in the dealer's possession for a period of 30 days all property purchased as a pawnbroker, and shall note that on the report that the items or goods are a purchase not a pawn. In the event the police chief or his designee has probable cause to believe that any purchase property reported by the pawnbroker has been stolen, the police chief or his designee may give notice to the pawnbroker to hold such property for an additional period of 30 days. Upon such notice, the pawnbroker shall retain such property in an unaltered condition, in a segregated area away from any and all other property in pawn, or bear special markings identifying it and marking it in such a manner as to denote a police hold, on the licensed premises, unless the police chief or his property recovery unit notifies the dealer in writing that the waiting period is terminated at an earlier time. There shall be no hold for property purchased from the pawnshop and returned by the purchaser and accepted by the pawnbroker.

(e)

Every pawnbroker shall hold in the dealer's possession all pawned property for 60 days that the police chief or his designee has probable cause to believe that the property is stolen and gives notice to the pawnbroker to hold such property. Upon such notice, the pawnbroker shall retain such other property in an unaltered condition, in a segregated area or so identified and tagged or marked in such a manner as to denote a police hold and away from any and all other property in pawn on the licensed premises.

(f)

If the pawnbroker or precious metal dealer is advised, informed, or charged by any law enforcement agency or alleged true owner that the pawnbroker or precious metal dealer is in possession of stolen property the pawnbroker or precious metal dealers shall notify the police chief or the property recovery unit, the nature and all facts, and all records relating to the accusation.

(g)

In the event that a pawnbroker or precious metal dealer is in possession of stolen property and the alleged true owner negotiates a reasonable settlement, it shall be the responsibility of the pawnbroker to notify the settlement to the chief of police or the property recovery unit officer in order to remove such reported stolen property from the National Crime Information Center or to contact the reporting agency to do the same.

(h)

Reports made pursuant to this section shall be available for inspection only by law enforcement officers for law enforcement purposes only.

(i)

Every pawnbroker or precious metal dealer shall maintain an electronic inventory-tracking system, which is capable of delivery and transmission of all required information pursuant to this article via computer to the chief of police or his designee using an internet website approved by the chief of police, or his designee. All required reporting pursuant to this section shall be made by posting and uploading all transaction description records to the approved internet website as described in this section. All records postings and uploads shall be complete and accurate. Each licensee shall display a sign of sufficient size and in a conspicuous place on the premises informing patrons all transactions are reported to the police department through website postings.

(j)

Reports which cannot be posted or uploaded to the police approved internet website as required by this section due to technical malfunction shall be posted or uploaded by 12:00 noon the next business day; and failing that, a hardcopy of the reports shall be delivered to the chief of police, or his designee, by 12 noon the next business day following the initial post or upload failure. Licensees shall continue deliver hardcopies of the reports to the chief of police or his designee, so long as website record post or upload failures persist.

(Code 1988, § 36-22; Ord. No. 65555, § 2, 8-2-1990 Ord. No. O-56-11, § 1, 12-1-11)

State law reference

Similar provisions, K.S.A. 16-715.