PAWNBROKERS

Omaha Municipal Code ch. 30, art. IV

in effect

Omaha Municipal Code § 30-111 Definition.

Sec. 30-111. - Definition. For the purposes of this article, any person engaged in the business of loaning money on deposit or pledge or personal property or other valuable thing, or any person engaged in the business of loaning money upon chattel property for security and requiring possession of the property so mortgaged, on condition of returning same upon payment of a stipulated amount of money, is hereby declared to be a pawnbroker, or chattel loan broker. (Code 1980, § 30-111)

Omaha Municipal Code § 30-112 Permit required.

Sec. 30-112. - Permit required. Any person engaged in the business of pawnbroker or chattel loan broker shall first obtain a permit from the permits and inspections division. (Code 1980, § 30-112)

Omaha Municipal Code § 30-113 Application for permit.

Sec. 30-113. - Application for permit. Any person desiring a permit to engage in business as a pawnbroker or chattel loan broker shall make application therefor to the permits and inspections division on forms provided for such purposes. Such application shall contain: (a) The name and address of the owner and the managing agent of the business; and, in the event the applicant is a corporation, a copy of the articles of incorporation, the name of the officers and shareholders of the corporation, and the name of the managing agent of the business; and (b) The exact location where the business is to be conducted, together with the exact location where any merchandise, goods, and wares may be stored or kept if other than the business location; and (c) The business e-mail. (Code 1980, § 30-113; Ord. No. 40327, § 8, 4-21-15, eff. 1-1-16)

Omaha Municipal Code § 30-114 Approval of permit applications.

Sec. 30-114. - Approval of permit applications. All applications for permits required by the provisions of this article shall be approved by the permits and inspections division. No permit shall be issued to an individual applicant or corporation if the applicant or a corporate officer has been convicted and not pardoned for a felony, a crime of moral turpitude, shoplifting, theft or receiving stolen property. (Code 1980, § 30-114; Ord. No. 33800, § 6, 1-30-96; Ord. No. 40327, § 9, 4-21-15, eff. 1-1-16)

Omaha Municipal Code § 30-115 Bond.

Sec. 30-115. - Bond. Before any pawnbroker permit shall be issued, the applicant therefor shall execute a continuing bond to the city in the sum of $5,000.00 with good and sufficient corporate surety, approved and filed as required by this Code, and conditioned for the faithful compliance with the provisions of this article. (Code 1980, § 30-115)

Omaha Municipal Code § 30-116 Permit fee.

Sec. 30-116. - Permit fee. The fee for a permit required by the provisions of this article shall be as provided in section 19-71 of this Code. (Code 1980, § 30-116)

Omaha Municipal Code § 30-117 Reserved.

Omaha Municipal Code § 30-118 Appeal of denial of permit.

Sec. 30-118. - Appeal of denial of permit. When an application for a permit required by the provisions of this article has been denied by the permits and inspections division, the applicant shall have the right to appeal from such denial to the council in the same manner as provided for appeals from a suspension or revocation of a permit in section 30-135. (Code 1980, § 30-118; Ord. No. 33800, § 7(30-118), 1-30-96; Ord. No. 40327, § 11, 4-21-15, eff. 1-1-16)

Omaha Municipal Code § 30-119 Transfer of permit.

Sec. 30-119. - Transfer of permit. Permits to engage in business as a pawnbroker or chattel loan broker shall be deemed personal to the permittee and shall not be transferable or assignable. (Code 1980, § 30-119)

Omaha Municipal Code § 30-120 Place of business.

Sec. 30-120. - Place of business. No person engaging in the business of a pawnbroker or chattel loan broker shall be allowed to do business other than at the expressly licensed location, and such permittee shall keep or store merchandise, wares, or goods only at those locations specifically listed in the application for his permit. (Code 1980, § 30-120)

Omaha Municipal Code § 30-121 Expiration of permit.

Sec. 30-121. - Expiration of permit. Every permit to engage in business as a pawnbroker or chattel loan broker shall expire on June 30 or December 31 of the year in which the same was issued. (Code 1980, § 30-121)

Omaha Municipal Code § 30-122 Record of loans and purchases.

Sec. 30-122. - Record of loans and purchases. Every person engaged in the business of a pawnbroker or chattel loan broker shall keep a book, and a card to be furnished by the city, in or on which shall be legibly written in ink, in the English language, at the time any loan or purchase is made, an accurate account or description of the following information: (a) The date that all such loans and/or purchases are made. (b) The name of any person who has left any type of property or deposit as a collateral security or as delivery on sale thereof. In addition to such date and name there shall be written in a plain hand the person's date of birth, driver's license number, or a description or other identification of public record. (c) The full description of all such property purchased or received on deposit as collateral security, the manufacturer's identifying insignia or serial number if applicable, the time when the loan falls due, the amount of purchase money or the amount loaned and the charges thereon for each item. (d) The signature of such person. (e) The identification and signature of the clerk or agent for the business who handled the transaction. Each of such entries shall be made at the time the loan or purchase is made. Entries shall not in any manner be erased, obliterated or defaced, and a copy thereof shall be sent to the chief of police before 12:00 noon of the following day. In addition, the pawnbroker shall give to the person negotiating a loan or selling property a plain written or printed ticket for the loan, and a plain written or printed receipt of the articles purchased, having on each a copy of the entries required by this section to be kept in his register, for which no charge shall be made. (Code 1980, § 30-122)

Omaha Municipal Code § 30-123 Fingerprints.

Sec. 30-123. - Fingerprints. (a) No pawnbroker shall accept any article or property as collateral security, or purchase any article or property, unless he shall take a single fingerprint from such person and attach it to the pawn card provided by the city. The fingerprint shall be taken from the right index finger; if the right index finger is missing, the fingerprint shall be taken from the left index finger. The print shall be clear and legible. (b) Each pawnbroker shall display a notice to his customers, in a prominent place, to the effect that he is required by city ordinance to fingerprint every person pawning or selling an item to him. (Code 1980, § 30-123)

Omaha Municipal Code § 30-124 Unlawful transactions.

Sec. 30-124. - Unlawful transactions. No pawnbroker shall accept any article or property as collateral security, or purchase any article or property: (a) From any person under 18 years of age; (b) From any person who appears to be under the influence of alcohol, or any narcotic drug, or stimulant, or depressant, or from any person that openly appears to be mentally incompetent; or (c) On which the serial numbers or other identifying insignia have been destroyed, removed, altered, covered, or defaced. (Code 1980, § 30-124)

Omaha Municipal Code § 30-125 Daily reports to police.

Sec. 30-125. - Daily reports to police. It shall be the duty of every pawnbroker or chattel loan broker to make and deliver to the chief of police every day before the hour of 12:00 noon from the book required by this article, or the cards provided, a list of all personal property or other valuable things received or deposited, purchased or mortgaged during the previous day, together with the time received or purchased, and a description of the person or persons by whom left in pledge, or from whom the same were purchased; provided, the report herein required shall not apply to Sundays, but the report of Monday of each week shall cover the business transactions of the Saturday previous, and also the Sunday previous if any such transactions shall take place on said last-mentioned day; provided that no person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of goods purchased at open sale from any bankrupt stock, or from any other person doing business and having an established place of business, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to the public safety director, or some person under his direction, or any member of the police division, when demanded. (Code 1980, § 30-125)

Omaha Municipal Code § 30-126 Retention of goods.

Sec. 30-126. - Retention of goods. No personal property received on deposit or purchased by any pawnbroker or chattel loan broker shall be sold or permitted to be taken from the place of business of such person for the period of 14 days after the delivery to the chief of police of the copy and statement as required by this article. (Code 1980, § 30-126)

Omaha Municipal Code § 30-127 Segregation of goods.

Sec. 30-127. - Segregation of goods. All new articles or property accepted as collateral security or purchase shall be kept segregated from all other articles or property in a special area for a period of 48 hours after the same shall have been received by the pawnbroker or his agent. Articles of extreme value, such as jewelry, etc., may be kept in a safe and grouped together for each day's purchase or pawn. (Code 1980, § 30-127)

Omaha Municipal Code § 30-128 Resale of goods.

Sec. 30-128. - Resale of goods. It shall be unlawful for any broker, agent or dealer mentioned in this article to sell any goods so pawned to or received by him during the period of six months from date of the pawning or receiving of such goods. (Code 1980, § 30-128)

Omaha Municipal Code § 30-129 Return of pawned articles.

Sec. 30-129. - Return of pawned articles. Notwithstanding the provisions of this article, the pawnbroker shall be allowed to return to a person any article pawned by that person after the 48-hour period has expired or where permission has been granted by the chief of police or an officer assigned by him. (Code 1980, § 30-129)

Omaha Municipal Code § 30-130 Inspections.

Sec. 30-130. - Inspections. Every pawnbroker, and every person in the employ of such pawnbroker, shall admit to his premises, at any reasonable time during normal business hours, the chief of police or any officer assigned by him to examine any pledged, pawned or bought articles, book or other record on the premises, as well as the articles pledged, and to take into possession by virtue of a police hold any article known to or believed to have been stolen. (Code 1980, § 30-130)

Omaha Municipal Code § 30-131 Advertising.

Sec. 30-131. - Advertising. It shall be unlawful for any person not having a permit to display in front of, about or upon his premises any sign or advertisement stating that money is loaned on goods, or that any goods of the character named in this article are bought or sold on said premises. (Code 1980, § 30-131)

Omaha Municipal Code § 30-132 Suspension or revocation of permit—Grounds.

Sec. 30-132. - Suspension or revocation of permit—Grounds. Any permit issued under the provisions of this article may be suspended or revoked for the violation by the permittee of: (a) Any provision of this article or other applicable provision of this Code, state law or city ordinance, rule or regulation; or (b) Any other provision of this Code, state law or city ordinance classified as a misdemeanor or felony. (Code 1980, § 30-132)

Omaha Municipal Code § 30-133 Same—Hearing.

Sec. 30-133. - Same—Hearing. Before any permit issued under the provisions of this article is suspended or revoked, the permittee shall be given notice of the date and time for a hearing to show cause, if any there be, why such permit should not be revoked. Such hearing shall be within seven days of the date of the notice. At the time and place set for the show-cause hearing, the chief of police shall hear all the testimony as to whether or not grounds for the revocation or suspension of the permit exist. (Code 1980, § 30-133; Ord. No. 33800, § 8(30-133), 1-30-96)

Omaha Municipal Code § 30-134 Same—Findings and action.

Sec. 30-134. - Same—Findings and action. If, upon the conclusion of the hearing thereon, it shall appear that grounds for the suspension or revocation of a permit issued under the provisions of this article exist, the chief of police shall so find and impose such suspension or revocation as he may deem proper under the circumstances. (Code 1980, § 30-134; Ord. No. 33800, § 8(30-134), 1-30-96)

Omaha Municipal Code § 30-135 Same—Appeals.

Sec. 30-135. - Same—Appeals. A finding, and the action taken thereon, by the chief of police at the conclusion of the hearing on the suspension or revocation of a permit issued under the provisions of this article may be appealed by the permittee to the city council upon written application to the city clerk within ten days of such decision. Upon hearing such appeal, the council may affirm, reverse, change or modify the finding or action of the chief of police. A permit shall remain in effect pending the outcome of such appeal. (Code 1980, § 30-135; Ord. No. 33800, § 9, 1-30-96)

Omaha Municipal Code § 30-136 Penalty.

Sec. 30-136. - Penalty. Any person who makes a false statement in his/her application for a permit or fails to keep the records or fails to make required entries thereon, or intentionally or knowingly makes any false or unintelligible entry, or fails to make the inquiries necessary to enable him/her to make such entries, or who fails to produce his/her license or records when requested by an officer having authority to examine them, or destroys or negligently permits such records to be destroyed or lost, shall, be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1-10 of this Code. (Code 1980, § 30-136; Ord. No. 40327, § 12, 4-21-15, eff. 1-1-16)

Omaha Municipal Code § 30-137 Record and report of purchases.

Sec. 30-137. - Record and report of purchases. In the event the city enters into a contract for an electronic reporting system of transactions for pawnbroker, the records required by this article having all of the information required by this article shall be created and delivered to the chief of police before the close of business that day. In the event that the electronic reporting system is unavailable to record a transaction for any reason, the pawnbroker is required to make a complete written report of the transaction which written report shall be entered into the electronic system as soon as practicable. (Ord. No. 40327, § 13, 4-21-15, eff. 1-1-16)

Omaha Municipal Code § 30-138 Required use of electronic reporting system.

Sec. 30-138. - Required use of electronic reporting system. In the event the city enters into a contract for an electronic reporting system of transactions for pawnbroker, it shall be the exclusive means by which such transactions are reported to the chief of police. Every pawnbroker shall operate and maintain a computer system with internet access and photographic capability sufficient for the electronic reporting requirements described in section 30-122 and section 30-139. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording and reporting requirements of this article. The licensee shall immediately notify the police department of any such failure or malfunction and shall have such resolved as soon as practicable. (Ord. No. 40327, § 14, 4-21-15, eff. 1-1-16)

Omaha Municipal Code § 30-139 Personal information to be collected.

Sec. 30-139. - Personal information to be collected. At the time of purchase, in addition to the requirements of section 30-122, the pawnbroker shall use the required electronic reporting system to collect the following: (a) A digital photograph of the purchased item; (b) A digital photograph of the seller; (c) A digital signature of the seller; (d) A digital scan of the seller's right index finger; if the index finger is missing, the fingerprint shall be taken from the left index finger. The print shall be clear and legible; and (e) A photographic or scanned image of the I.D. card of the seller, sufficiently clear to allow the information of the I.D. to be read. (Ord. No. 40327, § 15, 4-21-15, eff. 1-1-16)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH30SA_ARTIVPAFetched: 10/28/2026