By-Law 2024-04 Pawnbroker By-Law — full text

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## ROSSBURN MUNICIPALITY ## BY-LAW NO. 2024-04 The Pawnbroker's By-Law BEING A BY-LAW OF THE ROSSBURN MUNICIPALITY TO REGULATE PAWNBROKERS, PURSUANT TO THE PROVISION OF THE MUNICIPAL ACT C.C.S.M. CHAP. M225. WHEREAS Section 232(1)(b) & (n) of the Municipal Act, L.M. 1996, c.58 provides as follows: 232(1) A council may pass by-laws for municipal purposes respecting the following matters: - (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centers, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation; - (n) businesses, business activities and persons engaged in business; NOW THEREFORE the Council of the Rossburn Municipality enacts as follows: ## 1. TITLE This By-Law may be referred to as "The Pawnbroker's By-Law". ## 2. DEFINITIONS - a) "Auctioneer" means any person who sells or offers for sale any real or personal property by public or private auction; - b) "CAO" means the Chief Administrative Officer of the Rossburn Municipality - c) "License Inspector" means the R.C.M.P, M.F.N.P.S, CAO, or any duly authorized person acting on behalf of the CAO; - d) "Pawnbroker" means a person who exercises the trade of receiving or taking by way of pledge any goods for the repayment of money lent thereon, and includes a pawnbroker business; - e) "Police Officer" means any member of the R.C.M.P. or the Manitoba First Nations Police Service. - f) "R.C.M.P." means the Royal Canadian Mounted Police; - g) "M.F.N.P.S." means the Manitoba First Nations Police Service; - h) "Municipality" means the Rossburn Municipality. ## 3. PAWNBROKERS - a) Every Pawnbroker shall: - i) obtain annually a Pawnbroker Licence issued by the Rossburn Municipality and pay in full the annual licencing fee of $1,200.00. 3. ii) have a sign with his/her name and the word "Pawnbroker" in large legible characters thereon placed over the door outside the shop or other place used by him/her for carrying on his business; such sign to meet municipal 4. at all times keep posted in a conspicuous position on his/her premises so as to be easily seen and read by persons pledging goods, on a card or sign having printed or painted thereon the interest to be paid on the loan, or the ## ROSSBURN MUNICIPALITY BY-LAW NO. 2024-04 ## The Pawnbroker's By-Law terms of the repurchase agreement; such sign lettering shall not be less than 2" in height; - before 12:00 hours on Monday of each week (or Tuesday where Monday is a holiday), make out, sign and deliver to the Municipal office in Rossburn a ledger containing a true and correct written statement of all goods and articles received on deposit or by way of pledge during the preceding week, which statement shall include a true and correct copy of the entries made in the book during the started period; - v) upon presentation of such ledger the municipality will copy the ledger and there shall be levied a municipal fee of $10 per transaction which fee shall be invoiced monthly and due within 14 days of invoicing; - vi) undertake a transaction only with a person from whom goods, articles or things are received who provides, at the time of the transaction: - a) one piece of current photograph identification such as a valid Manitoba Driver's License, a Manitoba Liquor Control Commission Photo Identification Card, or any other comparable item of personal identification containing a photograph, current address and signature; ‹ - b) a legible inked right thumb impression along with one piece of nonphotograph identification such as a Birth Certificate, Manitoba Health Registration Card, a Provincial Social Assistance Identification Card or Credit Card and - c) a photograph of the individual from whom the goods, articles or things are being acquired providing sufficient detail to identify the individual and evidence that the individual is at least 18 years of age. - in the event a person chooses to provide an inked thumb impression as identification, provide each employee with training on proper method of obtaining inked thumb impressions as designated by the R.C.M.P. - vili) record every pawn, pledge or purchase: - a) by keeping for two years a record book with pre-numbered pages in which shall be clearly written in ink in numerical order, at the time of each transaction: - i) an accurate account and description of the goods, articles or things included in the transaction and a photograph of the goods, articles or things providing sufficient detail to identify the goods, articles or things; and - ili) the date and time of the transaction: anc - il) the serial number of or a statement of any distinctive marks on those goods, ano - iv) the rate of interest to be paid on the loan or the terms of the repurchase agreement; and - v) the name, address, and a detailed description of the person the transaction is conducted with. - b) all articles taken in pawn shall be tagged with a number corresponding to the record number in the record book; - c) no entry made in the book shall be erased, obliterated or defaced and no leaves shall be torn out or removed; - ix) at the time of each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note signed by the Pawnbroker, containing the substance of the entry required to be made in ## ROSSBURN MUNICIPALITY BY-LAW NO. 2024-04 The Pawnbroker's By-Law the record book. No charge shall be made or received by any Pawnbroker for any such entry, memorandum or note; - x) keep the record book, as well as every article or thing pawned or pledged, open at all reasonable times to the inspection of any License Inspector; 2. xi) permit the person who pawned the goods or the person for whom they were pawned, or either person's legal representative or agent to inspect the record of sale of goods by auction; 3. xii) at all reasonable times produce all records of transactions and identification as refereed to in sub clauses 4(a)(iv) and 4(a)(vi), as well as any article or thing pawned, pledged or purchased for the inspection of any Police Officer or License Inspector. 4. provide a clear certified criminal record transcript for each employee or any person acting as agent on behalf of the owner of the pawn shop every 12 months. 5. xiv) operate only Monday to Saturday from 9:00 am to 6:00 pm. - b) No Pawnbroker shall: - i) receive on deposit or pledge any goods, article or thing outside of regular posted business hours; 8. її) take or receive in pawn or pledge for money loaned, any property, bonds, notes, securities, article or thing produced or presented by any person under the age of 18 years, or the ownership of which is in or which is claimed by such person or which may be in the possession or under control of such person; 9. solely because of the on-production of the note, refuse to deliver pledged goods or articles to the person entitled thereto upon payment of the amount lawfully owing thereon; 10. iv) permit to be redeemed or removed from the place of business any property received on deposit or pledge, except for redemption by the owner, for a period of 30 days after entry in the record book, unless such removal is directed by the R.C.M.P.; - V) employ any person under the age of 18 years; 12. take any article in pawn from any person who appears to be under the influence of alcohol or drugs or under the age of 18 years; 13. vii) store any item pawned in any other location other than at the one where i was received. All items must be stored within the pawnshop premises ol adjacent to the pawnshop in a secure fully enclosed outdoor facility; 14. vili) carry on the trade of Auctioneer. ## OFFENCES AND PENALTIES - a) Any person who violates, contravenes, disobeys or refuses, omits, neglects, fails to observe, obey or comply with any or all provisions of this By-law is guilty of an offence and is liable to a fine not exceeding of $10,000.00 per occurrence. - b) Pursuant to Section 249 of The Municipal Act where such contravention, refusal, neglect, omission, or failure to obey or observe continues for more than one day, the person is guilty of a separate offence for each day that it continues. ## FORCE AND EFFECT ## ROSSBURN MUNICIPALITY BY-LAW NO. 2024-04 ## The Pawnbroker's By-Law This by-law shall come into force and be effective the day following receipt of third reading. DONE AND PASSED by the Council of the Rossburn Municipality in the Province of Manitoba this 18th day of July A.D., 2024.   ROSSBURN MUNICIPALITY Shutey Kalejnick Mayor, Shirley Kalyniul Acting C.A.O., Karina Ketelsen Read a first time this 4th day of July, A.D. 2024. Read a second time this 18th day of July, A.D. 2024. Read a third time this 18th day of July, A.D. 2024. Resolution #2024-228 Resolution #2024-245 Resolution #2024-246