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BYLAW 46-00
BEING A BYLAW
OF THE TOWN OF OKOTOKS
IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE REGULATION
OF PAWNBROKERS
WHEREAS the Municipal Government
Act S.A. 1994 Chapter M-26, as amended
as replaced from time to time, permits the Council to pass bylaws respecting
businesses, business
activities
and persons engaged in business;
AND WHEREAS it is considered desirable to pass
a bylaw regulating the
business
of pawnbrokers
in the town of Okotoks;
NOW THEREFORE the Council of the Town of Okotoks
enacts
as follows:
TITLE
OF ACT
1.1
This bylaw maybe cited as "The Pawnbroker Bylaw"
DEFINITIONS
2.1
In this bylaw:
a) "
business" means
a)
a commercial, merchandising or industrial activity
or
undertaking,
b)
a profession, trade, occupation, calling or employment, or
c)
an activity providing goods or services,
whether or not for profit and however organized or formed,
including a cooperative or association
of persons,
b) "
employee" means
an individual employed to do work or provide a
service for a business, whether
or not the person
is in receipt of or
is entitled to remuneration
for the work or service;
c) "
Pawnbroker" means the business of loaning or holding oneself out
as ready to loan money on the security of the pledge or pawn of
personal property but does not include banks, trust companies,
credit unions or other similar institutions;
d) "
Peace
Officer" means
any member
of the Royal Canadian
Mounted
Police and Special Constable
or Bylaw Enforcement
Officer appointed by or for the Town of Okotoks;
e) " person" means
any natural person
or a body corporate and
includes
a partnership, an association
or a group of persons acting
in concert unless the context explicitly or by necessary
implication
otherwise
requires;
f) " personal property" means all property capable of ownership
including goods, chattels, money, notes, bonds, stocks
and
intangible property but not land or any interest
in land;
g) " premises" means
a store, office, dwelling unit, warehouse, factory,
building, enclosure
or other place occupied or capable of being
occupied, by any person
for the purpose
of carrying
on any
business;
h) "
second hand goods" means any previously owned personal
property.
PAWNBROKER'S BUSINESS
PROCEDURES
3.1
A Pawnbroker may not carry on business
in the Town of Okotoks without
a valid business
license issued by the Town of Okotoks
and further must
comply with the land
use bylaw of the Town of Okotoks.
3.2
A Pawnbroker
may carry on the business of a pawnbroker and of
purchasing and selling second hand goods on the same premises.
3.3
A Pawnbroker
must keep records
in a form satisfactory to a Peace Officer
in which will be permanently recorded at the time of each transaction
relating
to pawned personal property or second hand goods, the following
information:
a)
the full name of the employee who accepted or purchased personal
property;
b)
an accurate, detailed, legible description
of each item of personal
property and all markings, serial numbers, make or model or other
identification
attached, placed or marked
on the property by the
manufacture or vendor thereof;
c)
the date and time of day when the property was given to the
Pawnbroker as security;
d)
the rate of interest
which
is to be charged on the loan which is
made on the security of the pledge; and
e)
the first name, middle
name, surname, and address, and detailed
description
of the person
or persons tendering the property as
security for the loan, including, but not limited to, the record of the
numbers
from two forms of identification, at least one of which
is
government issued picture identification confirming the name and
address given.
3.4
A Pawnbroker
must:
a)
Not erase, deface
or alter an entry in the record kept pursuant to
subsection 3.3;
b)
Not direct or allow any person to erase, deface
or alter an entry in
the record kept pursuant to subsection 3.3;
c)
Immediately provide on demand
to a Peace Officer the record kept
pursuant to subsection
3.3.
3.5
A Pawnbroker
must at the time
a borrower deposits or delivers
any
personal property as security for a loan, deliver to the borrower
a note or
memorandum signed by the Pawnbroker
containing a summary
of the
information which
is required to be inserted
in the record kept pursuant to
subsection 3.3, other than the description of the borrower, without required
or accepting any fee or charge for so doing.
3.6
A Pawnbroker:
a)
In addition
to keeping the records required under subsection
3.3,
will make
a true, accurate
and readable
copy of the records and
deliver the copy to a Peace Officer immediately upon request;
b)
Must keep:
i) all property received
as security for a loan and which
has not
been redeemed within the time allowed
to the borrower for
redemption, and
ii)
all second hand goods;
separate
and apart from each other and separate and apart froma
II
other property on the premises for a period of 30 days from the time
when the property
was furnished to the Pawnbrokers as a pledge or
purchased by the Pawnbroker
as second hand goods and shall not
sell such property until such period has expired.
3.7
A Pawnbroker must not:
a)
Accept property as security for a loan or advance
a loan
on the
receipt or promise of delivery of any property from the follows:
i)
a person
who is or who appears
to be under the influence
of
alcohol or any drug;
ii)
a person
under
18 years of age or;
iii)
a person failing to provide identification as required under
subsection
3.3
b)
Accept property on which the manufacturers identification number
or serial
number
has been removed, defaced, tampered with or in
any way altered, unless the prior written approval of a Peace
Officer has been obtained.
PENALITIES
4.1
Any person who:
a)
violates any provision of this Bylaw.
b)
suffers
or permits any act or thing to be done
in contravention
of or
in violation
of any provision of this Bylaw.
c)
neglects to do or refrains from doing anything required to be done
by the provisions of this Bylaw.
d)
does any act or thing or omits any act or thing, thus violating any
provision of this Bylaw;
is guilty of an offence under this Bylaw and upon summary
conviction
is
liable to a fine not less than the minimum fine set out in this section
but not
exceeding $10,000.
00 dollars, and in default of paying such fine, to
imprisonment for a period not exceeding six (6)
months.
4.2
The minimum
fine and specified penalty payable in respect of a
contravention of a provision of this Bylaw is $300.00.
4.3
Notwithstanding section 4.2;
a)
where
a person
has previously contravened
any provision of this
bylaw, the minimum
fine and specified penalty for a second
conviction
shall be $600.00;
b)
where
a person
has previously contravened any provision of this
bylaw more than one time, the minimum fine and specified penalty
for the third
or subsequent conviction shall be $1,
000.
00.
4.4
Where a Peace Officer believes that a Person
has violated
a provision of
this Bylaw, the Officer
may commence
proceedings against the Person by
issuing a Violation
Ticket pursuant to Part 2 of the Provincial
Offences
Procedures Act.
READ A FIRST TIME this 27th day of November, 2000.
READ A SECOND
TIME this 27th day of November, 2000.
READ
A THIRD TIME AND FINALLY
PASSED
this 27th day of November, 2000.