Wichita Charter Ordinance No. 192

in effect

CHARTER ORDINANCE NO. 192 A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 16-706; 16-707; 16-708; 16-709; 16-710; 16-711; 16-712; 16-713; 16-714; 16-715; 16-716; 16-717; 16-718; and 16-721 AND AMENDMENTS THERETO AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO PAWNBROKERS AND PAWNBROKING BUSINESSES; SECONDHAND DEALERS AND PRECIOUS METAL DEALERS, PROVIDING FOR LICENSING THEREOF, PROHIBITING CERTAIN ACTS AND DECLARING VIOLATIONS THEREOF TO BE A CRIME; AND REPEALING THE ORIGINALS OF CHARTER ORDINANCE NOS. 134 AND 141. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The City of Wichita, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 16-706; 16-707; 16-708; 16-709; 16-710; 16-711; 16-712; 16-713; 16-714; 16-715; 16-716; 16-717; 16-718; and 16-721 and amendments thereto and provide substitute and additional provisions as hereinafter set forth in this ordinance. Said chapter is applicable to this City, but is not applicable uniformly to all cities. SECTION 2. (Amended and repealed—See Charter Ordinance No. 233, § 1.) SECTION 3. (Amended and repealed—See Charter Ordinance No. 206, § 1.) SECTION 4. PAWNBROKER, SECONDHAND DEALER, AND PRECIOUS METAL DEALER—ELIGIBILITY REQUIREMENTS. No pawnbroker, secondhand dealer, or precious metal dealer license or renewal thereof shall be granted to: (a) Any person who is not a citizen of the United States; (b) Any person who, within 10 years immediately preceding the date of making application, has been convicted of or has pleaded guilty to any felony, under the Kansas Criminal Code or pursuant to the laws of any city, state or of the United States or shall have forfeited his bond to appear in Court to answer charges for any such offense; or any person who within 10 years immediately preceding the date of making application has been convicted of or has pleaded guilty to a misdemeanor crime of robbery, theft, forgery, burglary, consumer fraud, securing execution of a document by fraud or deception, or any other similar offense pursuant to the laws of any city, state or of the United States. (c) Any partnership unless all the partners shall be eligible to receive a license as an individual; (d) Any person who has had his license revoked for cause under the provisions of this ordinance or any similar ordinances or statutes of other municipalities or states; (e) A corporation, if any manager, officer or director thereof, would be ineligible as an individual to receive a license hereunder for any reason. A corporation if any stockholder owning in the aggregate more than twenty percent of the stock of such corporation would be ineligible as an individual for any reason other than age and citizenship requirements. (f) Any person who is not at least 21 years of age; (g) Any person who does not own the premises for which a license is sought, unless he has a written lease therefore for at least three fourths of the period for which the license is to be issued; (h) Any person whose spouse would be ineligible to receive a license hereunder for any reason other than the age and citizenship requirements. (i) Any person, who at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application. (j) Any person whose business location does not comply with the provisions of Title 28 of the Code of the City of Wichita. SECTION 5. (Amended and repealed—See Charter Ordinance No. 200, §§ 1 and 2.) SECTION 6. Change of Location. Whenever a licensee shall change his/her place of business to another location within the City of Wichita, he/she shall, at least thirty (30) days prior to said change, excluding Saturdays. Sundays, and legal holidays, give written notice by certified or registered mail, return receipt requested thereof to the City Treasurer who shall then issue a duplicate license, provided the new location complies with the provisions of Title 28 of the Code of the City of Wichita, Kansas, which shall show, in addition to all of the information appearing on the old license, a record of the change of location and the date thereof, which new license shall be authority for the operation of such business under such license at such location. SECTION 7. Change of Ownership. A person must apply for a new license upon any change, directly or beneficially, in the ownership of any pawnshop, secondhand dealership or precious metal dealership. No license shall be transferable or assignable. SECTION 8. Expiration of License. Each license shall expire one year from the date of issuance and may be renewed only by making an application as provided. To assure re-issuance of a license prior to expiration, applications for renewal should be made at least thirty (30) days before the expiration date. SECTION 9. Issuance of License; Posting. The City Treasurer shall issue a license to an applicant within thirty (30) days after receipt of a verified application, unless it is determined after examination by the chief of police or his designee, that the person is not eligible for a license pursuant to the provisions of this ordinance. The license issued pursuant to this section shall be posted in a conspicuous place at or near the entrance to the licensed premises so that it may be easily read at any time. SECTION 10. Suspension or Revocation of License—Notice of Hearing. (a) Any license issued under this ordinance may be suspended or revoked after due notice and hearing if the licensee (1) has failed to pay the annual license fee; (2) violated any provision of this ordinance; or (3) becomes ineligible for a license because of any of the provisions of Sections 4 or 5 of this ordinance; or (4) said licensee has given a false statement as to a material fact submitted to the City Treasurer during the application process. Any license issued pursuant to this ordinance shall be revoked, after due notice and hearing thereon, if it is proved at the hearing that the licensee sold any handgun to a minor. Said hearing herein provided shall be held by the governing body of the City of Wichita, Kansas, within thirty (30) days after notice thereof. No revocation or suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and others. (b) Within thirty (30) days after the order of the City Council revoking or suspending any license, the licensee may appeal from such order to the district court of the county in the manner as provided by law; provided that any appeal taken from an order revoking any such license shall not suspend the order of revocation during the pendency of such appeal. SECTION 11. Unauthorized Transfer of Property. (a) It shall be unlawful for any individual to pawn, pledge, trade or sell any article, under the provisions of this ordinance, to a licensee and use any name other than his or her true legal name. (b) It shall be unlawful for any individual to pawn, pledge, trade or sell any article to a licensee, by means of any written instrument, with knowledge that the writing falsely states or represents some material matter. (c) It shall be unlawful for any individual to pawn, pledge, trade or sell any article to a licensee if such person is not the legal owner or the agent of the legal owner who is authorized to pawn, pledge, sale or trade such item. SECTION 12. (Amended and repealed—See Charter Ordinance No. 206, § 2.) SECTION 13. (Amended and repealed—See Charter Ordinance No. 206, § 3.) SECTION 14. Pawnbrokers: Articles Acquired to be Retained for Ninety-day Period. (a) It shall be unlawful for any pawnbroker to sell, transfer, or convey any pawned or pledged property, which he/she shall have received under the operation of his business, for at least ninety days, except when said property is redeemed by the pledge or upon payment of the principal and charges. (b) If any pledged article is not redeemed within such redemption period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his/her assigns, to such pledged article, to hold and dispose of as his/her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge, the title to which is transferred in accordance with this section. SECTION 15. Prohibited Transactions. It is unlawful for any pawnbroker or his or her clerk or employee, to receive in pledge, trade, or purchase any article or item from any person under 18 years of age, or from any person, who at the time of the transaction is physically or mentally incapacitated due to consumption of alcohol or the use of narcotic drugs, or from any person who the licensee has reason to suspect or believe is under the influence of alcohol or drugs. SECTION 16. Pawnbrokers: Contract Requirements. a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, in ink, a copy of which shall be furnished to the borrower. The loan contract shall set forth the loan period, which shall be one (1) month, the date on which the loan is due and payable, and the charges, and it shall clearly inform the borrower of his right to redeem the pledge during the redemption period of sixty (60) days after due date. Except as otherwise herein provided, the holder of such contract shall be presumed to be the person entitled to redeem the pledge, and the pawnbroker shall deliver the pledge to the person presenting the contract upon payment of the principal and charges. Provided, however, that it shall be the duty of the pawnbroker to inquire of the person presenting the contract what his/her name and address is, and if the name and address is different from the name and address of the person who pledged the property, then the pawnbroker shall require the legal name and address of the person presenting the contract as well as his driver′s license number if the same is available, and if the same is not available, then such other valid identification as the person might have upon his person, and the pawnbroker shall thereafter make the same available to the Police Department upon request. SECTION 17. Pawnbrokers: Interest and Charges on Pawnbroker Transactions: Applicability of Other Laws: Maximum Charges; Terms of Loans. (a) No pawnbroker shall contract for, charge, or receive directly or indirectly on or in connection with any pawnbroker transaction any charges, whether for interest, storage, insurance service fee, handling, compensation, consideration or expense which in the aggregate are greater than the charges provided and authorized by this ordinance. Any other provisions of law relating to interest, storage and such charges shall not be applicable to any pawnbroker transaction made in accordance with this ordinance. (b) Whenever any loan is made by a pawnbroker for which goods are received in pledge, the following maximum amounts may be charged: (1) On any amount a charge may be added in an amount not to exceed ten percent (10) per month or one hundred twenty percent (120%) per annum of the amount advanced to the borrower; and (2) The maximum amount of a loan authorized by this act shall not exceed the amount set out in K.S.A. 16-719 and amendments thereto. (c) The term of any loan made under the provisions of this ordinance, shall be one (1) month. Loans may be ended or renewed by the payment of the charges herein provided monthly. The charges authorized herein, shall be deemed to be earned at the time the loan is made and shall not be subject to refund. On loans pursuant to this ordinance, no insurance charges or any other charges of any nature whatsoever shall be permitted. SECTION 18. Pawnbrokers: Inspection of Books and Premises. Every pawnbroker and every person employed by a pawnbroker, in the conduct of his/her business, shall admit to any and every part of the premises designated in the license at any time, any law enforcement officer or official of the Wichita Police Department authorized by the Chief of Police, to examine any goods, articles, items, pledges, pawns, books, computer records, or other records on the premises, and to search for and to place a hold upon (pursuant to the provisions of Section 13 above) any article known or believed by such officer or official to have been stolen. SECTION 19. Pawnbrokers; Secondhand Dealers; and Precious Metal Dealers: Redelivery of Stolen Property and Statement of Ownership. (a) When converted or stolen property has been pawned or purchased by a pawnbroker, secondhand dealer, or precious metal dealer and the pawnbroker, secondhand dealer, or precious metal dealer refuses to redeliver such property to the rightful owner upon demand and presentation of a bill of sale or other proper indicia of ownership by the owner, and legal action by the rightful owner to recover the property becomes necessary, the court may assess the pawnbroker, if the court finds that the pawnbroker, secondhand dealer or precious metal dealer wrongfully withheld the converted or stolen property. (b) Pawnbrokers, Secondhand Dealers, and Precious Metal Dealers shall require of every person from whom the dealer receives or purchases secondhand items for resale a signed statement on forms approved by the Wichita Police Department stating that said person is the legal owner of the item or is an agent of the legal owner who is authorized to sell such item and stating the length of ownership of the item. (c) It is unlawful for any pawnbroker, secondhand dealer or precious metals dealer to receive, trade, transfer, or possess or co-sign property which such dealer or his or her agent knows to be stolen. SECTION 20. (Amended and repealed—See Charter Ordinance No. 206, § 4.) SECTION 21. (Amended and repealed—See Charter Ordinance No. 206, § 5.) SECTION 22. Prohibited Transactions. (a) It is unlawful for any precious metal dealer or his or her clerk or employee, to receive in trade or purchase any article or item from any person under 18 years of age, or from any person, who at the time of the transaction is physically or mentally incapacitated due to consumption of alcohol or the use of narcotic drugs, or from any person who the licensee has reason to suspect or believe is under the influence of alcohol or drugs. (b) It shall be unlawful for any secondhand dealer or his or her clerk or employee hereunder to purchase or receive any article or property under the provisions of this ordinance from any person under the age of eighteen (18) years unless said person is accompanied by a parent or guardian who states in writing, that such transaction is taking place with such parent's or guardian's full knowledge and consent. It shall be the duty of such secondhand dealer to preserve and keep on file such written statements of consent on forms approved by the Wichita Police Department. Further, such written consent may be retained by the secondhand dealer hereunder and used for subsequent transactions with the minor without the presence of the parent or guardian. (c) It is unlawful for any secondhand dealer or his or her clerk or employee, to receive, trade, or purchase any article or item from any person under 18 years of age, or from any person, who at the time of the transaction is physically or mentally incapacitated due to consumption of alcohol or the use of narcotic drugs, or from any person who the licensee has reason to suspect or believe is under the influence of alcohol or drugs. SECTION 23. Secondhand Dealers Precious Metal Dealers: Inspection of Books and Premises. Every secondhand dealer and precious metal dealer and every person employed by them in the conduct of their business, shall admit to any and every part of the premises designated in the license at any time, any law enforcement officer or other official designated by the Chief of Police of the City to examine any goods, articles, items, books, or other records on the premises, and to search for and to place a hold upon pursuant to the provisions of Section 21 above any article known or believed by such officer or official to have been stolen. SECTION 24. PENALTIES. (a) Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding one thousand dollars ($1,000.00) or shall be imprisoned not to exceed six (6) months, or shall be punished by both such fine and imprisonment. (b) In addition to the penalties described in this section the City may recover in civil action in any court of competent jurisdiction the amount of the license tax imposed by this title, and no property of such debtor shall be exempt from forced sale under any process of the law for such indebtedness except such exemptions as are allowed by the constitution of this state. SECTION 25. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this chapter of any part thereof. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included. SECTION 26. The originals of Charter Ordinance Nos. 134 and 141 of the Code of the City of Wichita, Kansas, are hereby repealed. SECTION 27. This ordinance shall be published once a week for two (2) consecutive weeks in the official city newspaper. SECTION 28. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon. PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this December 18, 2001. Bob Knight Mayor APPROVED: Pat Burnett City Clerk Approved as to Form: Gray E. Rebenstorf Director of Law

Source: City of Wichita, Kansas, Code of the City of Wichita and Charter Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ks/wichita/codes/code_of_ordinances?nodeId=CHOR_CHTR_ORDINANCE_NO._192Fetched: 11/1/2026