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ORD 14-761ORDINANCE NO. 14 -761 AN ORDINANCE of the City of Federal Way, Washington, relating to Pawnbroker and Secondhand Dealer Business Requirements; declaring an emergency and amending FWRC 12.15.230. (Amending Ordinance Nos. 11 -689 and 90 -57) WHEREAS, RCW 12.15.230 sets forth the information required to be entered into a law enforcement database and the business books of pawnbrokers, secondhand dealers and secondhand precious metal dealers; and WHEREAS, staff has identified an error in this section regarding the list of information required to be recorded in the business books; and WHEREAS, the City of Federal Way City Council has previously found that it is in the best interest of the citizens to require pawnbroker and secondhand dealer businesses to gather and record certain information in their business books; and WHEREAS, the identified error prevents the intent of the City Council's previous ordinances from being fulfilled; and WHEREAS, the potential adverse impacts on the public's property as well as the safety and welfare of the City and its citizens if this Ordinance did not take effect immediately, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public safety, public property or the public peace by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 14 -761 Page 1 of 3 Section 1. FWRC 12.15.230 is hereby amended to read as follows: 12.15.230 Information Required to be entered into data base and into a business book. (1) Database. Every pawnbroker, secondhand dealer, and secondhand precious metal dealer shall enter within twenty -four (24) hours any and all requested information into the data base prescribed by the law enforcement agency (2) Business book. Every pawnbroker, a_PA secondhand dealer, and secondhand precious metal dealer shall maintain at his or her place of business a book in which he or she shall at the time of such loan, purchase or sale, enter, in the English language, written in ink, the following information: (a) The date of the transaction; (b) The name of the person conducting the transaction and making the entries required in this chapter; (c) The printed name, age, date of birth, height, weight, address, telephone number, the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had, including the identification which the customer shall present to verify his or her identity, and the account or other number of such identification; (d) The signature of the person with whom the transaction is made, a photo copy of both sides of an official picture identification card and the right thumb print. (e)The name, address and telephone number of the owner of the property bought or received in pledge; (f) The address of the place from which the property bought or received in pledge was last removed; (g) A description of the property bought or received in pledge, which shall include the name of the maker of such, property or the manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks; provided, that when the article received is furniture or the contents of any house or room actually inspected on the premises where the sale is made, a general description of the property shall be sufficient; (h) The price paid or the amount loaned; (i) The number of any pawn ticket issued therefore; sFand 0) Comply with the provisions of RCW 19.60.020(1). Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 14 -761 Page 2 of 3 Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the immediate preservation of public peace, health and safety and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in force upon adoption. PASSED by the City Council of the City of Federal Way this 18th day of March, 2014. CITY OF FE ERAL AY �O^R,'JIM FERRELL ATTEST: CITY CLERK, CAROL NEILL C ' • • FORM: FILED WITH THE CITY CLERK: 3/12/2014 PASSED BY THE CITY COUNCIL: 3/18/2014 PUBLISHED: 3/21/2014 EFFECTIVE DATE: 3/18/2014 ORDINANCE NO.: 14 -761 Ordinance No. 14 -761 Page 3 of 3