§ 12-305. Examination, investigation and access to records.

(a)

At such times as the chief of police may deem necessary, the chief of police or his authorized representative may make an examination of the place of business of each pawnbroker and may inquire into and examine the transactions, books, accounts, papers, correspondence and records of such pawnbroker insofar as they pertain to such business. Such books, accounts, papers, correspondence and records shall also be open for inspection at any reasonable time by any peace officer, without any need of judicial writ or other process. In the course of an examination, said peace officer shall have free access to the office, place of business, files, safes and vaults of such pawnbroker, and shall have the right to make copies of any books, accounts, papers, correspondence and records. The chief of police or his duly authorized representative may, during the course of such examination, administer oaths and examine any person under oath upon any subject pertinent to any matter about which the chief of police is authorized or required by this article to consider, investigate or secure information. Any pawnbroker who fails or refuses to permit the chief of police or his duly authorized representative or any other peace officer to examine or make copies of such books or other relevant documents shall be guilty of an offense.

(b)

Whenever a police officer has probable cause to believe that property in possession of a licensed pawnbroker is stolen or embezzled, the police officer may place a written hold order on the property. The initial term of the written hold order shall not exceed 30 days. However, the holding period may be extended in successive 30-day increments upon written notification prior to the expiration of the initial holding period. If the holding period has expired and has not been extended, the hold order shall be considered expired and no longer in effect, and title shall vest in the pawnbroker subject to any restrictions contained in the pawn contract. The initial written hold order shall contain the following information:

(1)

Signature of the pawnbroker or his designee;

(2)

Name, title and identification number of the peace officer placing the hold order;

(3)

Name and address of the agency to which the peace officer is attached and the offense number;

(4)

Complete description of the property to be held, including model number, serial number and transaction number;

(5)

Name of agency reporting the property to be stolen or embezzled;

(6)

Mailing address of the pawnshop where the property is held;

(7)

Expiration date of the holding period.

(c)

While a hold order is in effect, the pawnbroker may consent to release, upon written receipt, the stolen or embezzled property to the custody of the local law enforcement agency to which the peace officer placing the hold order is attached. The consent to release the stolen or embezzled property to the custody of law enforcement is not a waiver or release of the pawnbroker's property rights or interest in the property. Otherwise, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period including all extensions. The district attorney's office shall notify the pawnbroker in writing in cases where criminal charges have been filed that the property may be needed as evidence. The notice shall contain the case number, the style of the case, and a description of the property. The pawnbroker shall hold such property until receiving notice of the disposition of the case from the district attorney's office. The district attorney's office shall notify the pawnbroker in writing within 15 days of the disposition of the case. Willful noncompliance of a pawnbroker to a written hold order shall be cause for the pawnbroker's license to either be suspended or revoked pursuant to 59 O.S. § 1507 A.2. A hold order may be released prior to the expiration of any 30-day holding period by written release from the agency placing the initial hold order.

(d)

For the purpose of discovering violations of this act or of securing information required hereunder, the chief of police or his duly authorized representative may investigate the books, accounts, papers, correspondence and records of any licensee or other person who the chief of police has reasonable cause to believe is violating any provision of this article or 59 O.S. § 1501 et seq. whether or not such person shall claim to be within the authority or scope of this article. For the purpose of this section, any person who advertises for, solicits or holds himself out as willing to make pawn transactions, shall be presumed to be a pawnbroker.

(e)

Each licensee shall keep or make available in this state such books and records relating to pawn transactions made under this article as are necessary to enable the chief of police or designee to determine whether the licensee is complying with this article. Such books and records shall be consistent with accepted accounting practices.

(f)

Each licensee shall preserve or make available such books and records in this state relating to each of its pawn transactions for four years from the date of the transaction, or two years from the date of the final entry made thereon, whichever is later. Each licensee's system of records shall be accepted if it discloses such information as may be reasonably required under this act. All agreements signed by customers shall be kept at an office in this city designated by the licensee, except when transferred under an agreement which gives the administrator access thereto. All credit sales made by a pawnbroker, other than those sales defined in 59 O.S. § 1502.6, as a pawn transaction, shall be made in accordance with and subject to the provisions of Title 14A of the state statutes.

(g)

Nothing contained herein shall be construed nor interpreted to be in conflict with the provisions of 59 O.S. § 1508.

(Code 1966, § 5-29; Code 1982, § 21-5; Ord. No. 1544, § 8, 12-2-1974)

State law reference

Examination of records, etc., 59 O.S. § 1508.