GENERAL PROVISIONS

Memphis Code of Ordinances tit. 6, ch. 6-60, art. 1

in effect

Memphis Code of Ordinances § 6-60-1 Pawnbroker defined.

Sec. 6-60-1. - Pawnbroker defined. For the purposes of this chapter, unless the context otherwise appears, a "pawnbroker" shall be deemed to be any person whose business or occupation is to take or receive, by way of pledge, pawn or exchange, any goods, wares or merchandise, or any kind of personal property whatever. (Code 1967, § 26-11; Code 1985, § 24-16)

Memphis Code of Ordinances § 6-60-2 License required by state law.

Sec. 6-60-2. - License required by state law. It is unlawful for any person to engage in the business of a pawnbroker within the city, unless he or she first obtains the license required by T.C.A. § 45-6-102. (Code 1967, § 26-12; Code 1985, § 24-17)

Memphis Code of Ordinances § 6-60-3 Conducting other business in same building prohibited.

Sec. 6-60-3. - Conducting other business in same building prohibited. No pawnbroker shall carry on any other business or vocation, directly or indirectly, in the same building, or in any building adjoining the place or building in which he or she is licensed to carry on the business of pawnbroker, loanbroker or keeper of a loan office. No pawnbroker shall permit any other business of any character whatsoever to be conducted in the same building where the business of the pawnbroker is conducted; provided, that nothing in this section shall be taken to preclude a pawnbroker from selling or disposing of unredeemed and repossessed pledges from his or her place of business. (Code 1967, § 26-13; Code 1985, § 24-18)

Memphis Code of Ordinances § 6-60-4 Purchase of property prohibited.

Sec. 6-60-4. - Purchase of property prohibited. No pawnbroker, loanbroker, or keeper of a loan office shall, in the conduct of such business, under any pretense whatever, purchase or buy any personal property whatsoever. (Code 1967, § 26-14; Code 1985, § 24-19)

Memphis Code of Ordinances § 6-60-5 Business hours; Sunday business prohibited.

Sec. 6-60-5. - Business hours; Sunday business prohibited. No pawnbroker shall keep open his or her place of business before 8:00 a.m. or after 6:00 p.m. of any day during the months of June, July, August and September, and not after 7:00 p.m. of any day during the other months of the year; provided, that on Saturday of each week the last 15 days of December of each year, it shall be lawful for pawnbrokers to keep open until 9:00 p.m. Pawnbrokers shall keep their places of business closed all day Sunday through the entire year. (Code 1967, § 26-15; Code 1985, § 24-20)

Memphis Code of Ordinances § 6-60-6 Business sign.

Sec. 6-60-6. - Business sign. Every person licensed under this chapter shall cause his or her name, with the words "Licensed Pawnbroker," and no other words or symbols, to be printed or painted in large, legible characters, and placed over the outside or door, or entrance of his or her shop, office or place of business. No other sign or marker of any description shall be permitted upon the front of such building. (Code 1967, § 26-16; Code 1985, § 24-21)

Memphis Code of Ordinances § 6-60-7 Dealing with certain persons prohibited.

Sec. 6-60-7. - Dealing with certain persons prohibited. No pawnbroker shall take any article in pawn, pledge or as security from any person under legal age, nor from any person appearing to be intoxicated, nor from any person known to such pawnbroker to be a thief or to have been convicted of larceny, burglary, robbery or housebreaking, without first notifying a police officer. (Code 1967, § 26-17; Code 1985, § 24-22)

Memphis Code of Ordinances § 6-60-8 Certain pledges prohibited.

Sec. 6-60-8. - Certain pledges prohibited. A. No pawnbroker shall take for pledge, pawn or security any device which may be used in the game of chance or gaming device, nor shall he or she have any device that is or may be used in the following: chuck-a-luck, crackloo, craps, dice, dice and chips used in the game of craps, equality, "French pool" or pari mutuel, "keeno," lottery, lotto, pack of cards, pisco, punchboard, rondo, shuffleboard, six-wheel, stock table, tables used for playing pool and billiards, poker chips and poker tables, ten pin alleys, roulette, wheel of chance, slot machines, faro, grand raffle, or any device used in or for any other game of chance. B. No pawnbroker shall buy, sell or take for pledge, pawn or security any razor, except safety razor, or any dirk, bowie knife or other knife of like kind or size, or any other knife with any blade over two and one-half inches long, sword cane, slingshot, black jack, brass knucks, or Spanish stiletto. C. It is unlawful for any pawnbroker to possess any of the articles enumerated in this section. (Code 1967, § 26-18; Code 1985, § 24-23; Ord. No. 3376, § 1, 5-22-1984)

Memphis Code of Ordinances § 6-60-9 Return of stolen property to owner.

Sec. 6-60-9. - Return of stolen property to owner. When any person is found to be the owner of stolen property, which has been pawned, such property shall be returned to the owner thereof, without the payment of the amount advanced by the pawnbroker thereon, or any costs or charges of any kind, which the pawnbroker may have placed upon such property. (Code 1967, § 26-19; Code 1985, § 24-24)

Memphis Code of Ordinances § 6-60-10 Record of pawn transaction.

Sec. 6-60-10. - Record of pawn transaction. A. Every pawnbroker shall keep a consecutively numbered record of each and every pawn transaction which shall correspond in all essential particulars to the detachable pawn ticket attached thereto. B. Any person who pledges goods as security for a pawn transaction shall present a valid driver's license and/or any other acceptable form of identification to the pawnbroker. C. The pawnbroker shall, at the time of making the pawn transaction, enter upon the pawnshop copy of the records as well as on the pawn ticket the following information, which shall be typed or written in ink and in the English language: 1. A clear and accurate identification and description of the pledged goods, including model and serial numbers if reasonably available; 2. The date of the pawn transaction; 3. The amount of the pawn transaction; 4. The exact value of the pledged goods as stated by the pledgor; 5. The due date of the pawn transaction; 6. The name, race, sex, date of birth, and residence address of the pledgor; 7. The driver's license number or other acceptable identification number capable of identifying the pledgor; and 8. A statement from the pledgor that he or she is the lawful owner of the pledged goods and has the right to pledge them. D. The pledgor shall sign the pawn ticket and shall receive a detached copy. The pawn broker shall also sign the pawn ticket. On the pawnshop copy of the record of the pawn transaction, the pledgor shall reproduce his or her right thumbprint. In the event the right thumb is amputated, then such other fingerprint as required by the pawnbroker shall be taken and such fingerprint fully described on such record. This thumbprint shall be reproduced and taken in the usually approved manner and shall not be blurred or obliterated. E. The pawnbroker shall deliver daily, except Sunday, to the chief of police before the hour of 10:00 a.m., a correct copy of the required records for all of the pawn transactions from the preceding day. F. These records shall be a correct copy of the entries made of the pawn transactions and shall be carefully preserved without alteration and shall be available during regular business hours for inspection by the chief of police or any police officer of the city. G. In lieu of the required delivery of copies of records under subsection E of this section, a pawnbroker may transmit the required information electronically to the chief of police via modem or may deliver the required information to the chief of police on a computer diskette, provided the method of delivery is compatible with the equipment and systems utilized by the chief of police for the receipt of such information. (Code 1967, § 26-20; Code 1985, § 24-25; Ord. No. 4212, § 1, 10-5-1993)

Memphis Code of Ordinances § 6-60-11 Memorandum to be given pledgor.

Sec. 6-60-11. - Memorandum to be given pledgor. Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note signed by him or her, containing the substance of the entry required by section 6-60-10 to be made by him or her in his or her record book, and an estimated value of the goods, articles or things pledged. No charge shall be made or received by any pawnbroker for any such memorandum or note. (Code 1967, § 26-21; Code 1985, § 24-26)

Memphis Code of Ordinances § 6-60-12 Retention period for pawned articles.

Sec. 6-60-12. - Retention period for pawned articles. It is unlawful for pawnbrokers to sell, exchange, barter or remove from their place of business, or permit to be redeemed, any of the goods pledged, pawned or deposited by, to or with them for a period of 48 hours after delivering a copy of the stub book entry covering such articles to the police as required by section 6-60-10. (Code 1967, § 26-22; Code 1985, § 24-27)

Memphis Code of Ordinances § 6-60-13 Interest and service charge.

Sec. 6-60-13. - Interest and service charge. No pawnbroker shall demand or receive any greater rate of interest or compensation than at the rate of $6.00 for the use of $100.00 for one year. No other charge of any description, or for any purpose whatsoever, shall be made by the pawnbroker, except that the pawnbroker may charge, contract for and receive, for investigating the security or title, storage of the security, closing the loan and for other expenses and losses of every nature whatsoever, and for all other services, a fee of not above one percent per month of the sum loaned on the article taken as security. (Code 1967, § 26-23; Code 1985, § 24-28)

Memphis Code of Ordinances § 6-60-14 Forfeiture of pledged property.

Sec. 6-60-14. - Forfeiture of pledged property. A. Every pawnbroker shall retain in his or her possession every unredeemed pledge or pawn for 50 days after maturity of the loan. If the pledgor shall fail or neglect, for 50 days after maturity of such loan, to redeem the pawned property, the pawnbroker may, at any time thereafter, mail a notice to the pledge owner, at the residence address designated by him or her on the stub of the book required to be kept by section 6-60-10, which notice shall give the number of the pawn ticket and a description of the property pledged, and in addition, shall notify the pledgor that the property must be redeemed within ten days of the notice, and specify the date, and that upon his or her failure to redeem within this time the pledged property will be forfeited to the pawnbroker and the right of the pledgor thereafter to redeem divested. This notice shall be in form substantially as follows: ___________, 20___ City___________ County___________ State___________ To: Name___________ No. Street___________ City___________ State___________ You are hereby notified to redeem your pledged property on or before ten days from date, to wit ___________ (give date) or the same will be forfeited to the pawnbroker under your agreement; and your right to redeem your pledged property will thereafter be divested. Your pawn ticket is No. ___________. The property pledged by you as security is described as follows: ___________ (General description of property) ___________ Pawnbroker ___________ No. Street B. Upon the date of mailing such notice, it shall also be the duty of the pawnbroker to publish a notice in a daily newspaper published in the city in substance, as follows: (Date) ___________ To Pledgors and Pawnors: You and each of you are hereby notified that the owners of pawn ticket number ________ to ________, inclusive, must redeem the pledges represented by your pawn ticket on or before ________, 20___, or your right to redeem will be forfeited. ___________ Pawnbroker. C. If, notwithstanding such notice, the person obtaining the loan shall fail to redeem the pawned or pledged property within the ten days designated in the notice, the pledgor shall thereby forfeit all right, title and interest of, in and to such pawned and pledged property, to the pawnbroker, who shall thereby acquire an absolute title to it, and the debt become satisfied. The pawnbroker shall have authority to sell or dispose of these unredeemed pledges as his or her own property. D. This section shall be printed in full on the back of the pawn ticket required to be given to the pledgor. (Code 1967, § 26-24; Code 1985, § 24-29)

Memphis Code of Ordinances § 6-60-15 Damage to pledged property.

Sec. 6-60-15. - Damage to pledged property. If any pledgor, upon redeeming his or her property, finds that it has been damaged and rendered less valuable, the amount of damage done to such property shall be deducted from the amount due the pawnbroker. If the damage done to the property is greater than that amount due the pawnbroker, the pawnbroker shall reimburse the owner for the damage done to such property. (Code 1967, § 26-25; Code 1985, § 24-30)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-60PA_ART1GEPRFetched: 10/28/2026