Wichita Charter Ordinance No. 233

in effect

CHARTER ORDINANCE NO. 233 A CHARTER ORDINANCE AMENDING SECTION 2 OF CHARTER ORDINANCE NO. 192 AND SECTIONS 2, 4 AND 5 OF CHARTER ORDINANCE NO. 206 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO PAWNBROKERS, SECONDHAND DEALERS AND PRECIOUS METAL DEALERS AND REPEALING THE ORIGINALS OF SAID SECTIONS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. (Amended and repealed—See Charter Ordinance No. 238, § 1.) SECTION 2: The original of Section 2 of Charter Ordinance No. 206 is hereby amended to read as follows: "SECTION 12. Pawnbrokers: Records to be kept, register to be delivered to police department. (a) It shall be the duty of every pawnbroker to maintain at his/her place of business a book, register or other permanent record, in which shall be legibly printed, lettered or typed, by the pawnbroker or his/her employee, in the English language, at the time of such loan, consignment, purchase, trade or receipt of any item received as a pawnbroker, a record thereof containing the information listed in Subsections (1) through (7) of this section. Such entries shall be made at the time of the purchase or receipt of such property. All such records shall be made on forms approved by the Wichita Police Department. Entries shall not, in any manner, be erased, obliterated or defaced. Such records must include: (1) The time and date of the transaction; (2) The name of the employee conducting the transaction and the manager or owner on duty; (3) The full legal name, (first, middle and last), date of birth, sex, height, weight, race and address (which shall include the street address, and not merely a post office box number) of the person selling, trading or leaving the property; (4) The type and identifying numbers of identification presented at the time of the transaction by the person with whom the transaction was made. Such identification shall include a valid driver's license with expiration date, including the state where such license is issued, or, in the event such person has no driver's license, a valid identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required; (5) A detailed description of the property bought or received in pledge, including: brand name, serial number, model number, title or name, engravings, size, pattern, color, markings and shape, the caliber, barrel length, and type of action of any firearm and whether it is a pistol, rifle or shotgun, and any peculiarity likely to identify the property. The description of jewelry shall include the type of metal employed, all letters and marks inscribed thereon, the weight and size and gemstone description, including the number of stones; (6) The price paid or the amount loaned and annual percentage interest rate charged; and (7) A signed statement that the person is the legal owner of the item or is an agent of the legal owner who is authorized to pawn, pledge, sell or trade such item and stating the length of ownership of the item. If the owner's agent is pawning, pledging, selling or trading the item, the owner's name and address shall be provided at the time of the transaction. After July 1, 2021, in addition to the requirements set forth above, every pawnbroker will obtain a digital scan of the seller's thumb and if the thumb is missing, the fingerprint shall be taken from the index finger and shall obtain a photographic or scanned image of the identification card of the seller, sufficiently clear to allow the information on the identification card to be read. (b) It shall be the duty of every pawnbroker to furnish a full, true and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded in such format as may be required by the Chief of Police or his designee. It shall be the duty of every pawnbroker to furnish a full, true and correct transcript of the record of all transactions on the preceding day (except those between dealers licensed under this ordinance) to the Wichita Police Department or its designee. These transactions shall be submitted electronically on such forms in such format as may be required by the Chief of Police or his designee. Such information must be transmitted to the Wichita Police Department or its designee no later than 5:00 p.m. on the next business day. In the event the City has entered into a contract for an electronic reporting system of transactions, it shall be the exclusive means by which such transactions are to be reported to the department. Every pawnbroker shall operate and maintain a computer system with Internet access and photographic capability sufficient to meet the reporting requirements set forth above. Any failure or malfunction of such equipment on the part of the pawnbroker shall not exempt the dealer from the recording and reporting requirements of this section. The pawnbroker shall immediately notify the police department of any such failure or malfunction and shall have such failure resolved as soon as practicable, but not less than two business days. (c) No such report need be made concerning property or merchandise acquired from another licensee involving the purchase or other acquisition from the other licensee, where the other licensee has made the reports required by this section with respect to such property or merchandise. (d) All records required by this Section, including those submitted electronically, shall be maintained by the pawnbroker at the pawnbroker's place of business for not less than two (2) years following the date of the transaction. (e) Every pawnbroker, agent or employee of such pawnbroker or dealer who fails, neglects or refuses to make the reports called for by this Section, or who reports any material matter falsely to the Chief of Police or his designee, is guilty of a violation of this Charter Ordinance. (f) Reports made pursuant to this Section shall be available for inspection only by law enforcement officers, City, County and District Attorneys and their employees, for law enforcement purposes." SECTION 3. (Amended and repealed—See Charter Ordinance No. 238, § 1.) SECTION 4. (Amended and repealed—See Charter Ordinance No. 238, § 1.) SECTION 5. The originals of Section 2 of Charter Ordinance No. 192 and Sections 2, 4, and 5 of Charter Ordinance No. 206 are hereby repealed. SECTION 6. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City paper. SECTION 7. 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 14th day of May, 2019. /s/ Jeff Longwell, Mayor ATTEST: /s/ Karen Sublett, City Clerk Approved as to Form: /s/ Jennifer Magaña City Attorney and 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._233Fetched: 11/1/2026