ADMINISTRATIVE REPORT

Date: January 30, 2002
Author/Local G. Gusdal 604 871 6461

RTS No. 2519

CC File No. 113

Council: February 19, 2002

TO:	Vancouver City Council
FROM:	Chief License Inspector in consultation with the Director of Legal Services
SUBJECT:	Minor Amendments to Secondhand Dealers and Pawnbrokers By-Law No. 2807: Changes Requested by City Prosecutor

RECOMMENDATION

A. THAT Council approve amendments to the Secondhand Dealers and Pawnbrokers By-Law No. 2807, generally as shown by means of black lining in Appendix A to this report, which make minor, nonmaterial changes to the wording and numbering.

B. THAT Council authorize the Director of Legal Services to bring forward the appropriate by-law amendments.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services and the Director of Legal Services RECOMMEND approval of A and B.

COUNCIL POLICY

Council, by way of the Secondhand Dealers and Pawnbrokers By-Law No. 2807 regulates all secondhand dealer and pawnbroker businesses in the City of Vancouver.

PURPOSE AND SUMMARY

The purpose of this report is to propose amendments to the Secondhand Dealers and Pawnbrokers By-Law No. 2807 to assist with by-law prosecutions.

BACKGROUND

Council substantially amended the Secondhand Dealers and Pawnbrokers By-law in November 2001.

DISCUSSION

It is the opinion of the City Prosecutor that the recommended changes to the numbering system of the by-law and other minor wording changes will be more functional and will simplify the application of by-law regulations for prosecutors, other officers of the court and defendants.

PROPOSED AMENDMENT

It is proposed that the Secondhand Dealers and Pawnbrokers By-Law No. 2807 be amended substantially as shown in Appendix A by means of black lining.

CONCLUSION

The proposed amendments to the Secondhand Dealers and Pawnbrokers By-Law No. 2807 are proposed to clarify the by-law to assist in the prosecution and defence of alleged violations under the by-law.

- - - - -

Appendix A

}BY-LAW NO. 2807

A By-law to
Regulate Secondhand Dealers, Pawnbrokers
and Junk Dealers

{(Consolidated for convenience only,
amended to include By-law No. 8384,
effective November 20, 2001)
____________________________________________________}

THE COUNCIL OF THE CITY OF VANCOUVER, in open meeting assembled, enacts as follows:-

SECTION 1
INTERPRETATION

1.1 This By-law may be cited as the "Secondhand Dealers and Pawnbrokers By-law".

1.2 In this By-law:

{1.2.1}"business day" means any calendar day, including any holiday, during which a secondhand dealer or pawnbroker is open for business to one or more members of the public;

{1.2.2 "Chief}["Chief] Constable" means the person appointed from time to time as Chief Constable of the police force, and any deputy of the Chief Constable;

{1.2.3 "Inspector}["Inspector]" means the person appointed from time to time as Chief License Inspector of the City of Vancouver, and any deputy of the Inspector;

{1.2.4}"junk" means used or old property including scrap rubber, rubber tires, metal, bottles, glass, broken glass, paper, sacks, wire, ropes, rags, machinery, waste or scrap metal, or other property commonly found in a junk shop;

{1.2.5}"junk dealer" means a secondhand dealer who carries on the business of dealing in junk, who operates a junk dealer's premises, or who purchases or sells junk;

{1.2.6}"license" means a license to carry on a business, trade, profession, or other occupation issued under the License By-law;

{1.2.7}"pawn" means the deposit of property as a pledge or collateral security for a debt;

{1.2.8}"pawnbroker" means a person who carries on the business of taking property in pawn,or who operates a pawnbroker's premises;

{1.2.9}"pawner" means a person, firm, or corporation who pawns property to a pawnbroker but does not include a seller;

{1.2.10}"picture identification" means one or more of the following that includes a photograph of the bearer:

(a) valid driver's licence issued by a Canadian province or territory,

(b) provincial identity card,

(c) passport issued by a legitimate government,

(d) certificate of Indian status issued by the Government of Canada,

(e) certificate of Canadian citizenship issued by the Government of Canada, or

(f) conditional release card issued by Correctional Services Canada;

{1.2.11}"police force" means the City of Vancouver Police Force;

{1.2.12}"premises" means any shop, store, or other place where a secondhand dealer or pawnbroker carries on the business of secondhand dealing or pawnbroking;

{1.2.13}"property" means goods, chattels, wares, merchandise, articles, or things;

{1.2.14}"purchase" means to buy, barter, deal in, take in exchange, take in part payment, acquire, acquire on consignment, or receive, but does not include pawning;

{1.2.15}"register" means the Secondhand Dealers and Pawnbrokers Register referred to in each of sections 2.1 and 3.1, and where this By-law stipulates that a secondhand dealer or pawnbroker has an obligation in connection with a register, the reference is to that register which the secondhand dealer or pawnbroker is obliged, under section 2.1 or 3.1, to establish and maintain;

{1.2.16}"secondhand dealer" means a person who:

(a) carries on the business of purchasing or selling secondhand property, or who operates a secondhand dealer's premises, and

(b) while licensed or required to obtain a license for any business, trade, profession, or occupation other than a business referred to in this By-law, purchases or stores, either as principal or agent, any secondhand property; but does not include a person who only buys or sells secondhand books,papers, or magazines; and

{1.2.17}"seller" means a person, firm, or corporation who sells or otherwise disposes of property to a secondhand dealer but does not include a pawner.

1.3 If a Court finds any provision or part of a provision of this By-law illegal, unenforceable, or void, the remaining provisions or parts of provisions will continue to have full force and effect.

1.4 References in this By-law to individual sections and their numbers are to sections and numbers in this By-law.

SECTION 2
SECONDHAND DEALERS

2.1 Each secondhand dealer must establish and maintain a record, to be called the "Secondhand Dealers and Pawnbrokers Register", of all property, other than recyclable beverage containers, purchased by the dealer.

2.2 Each secondhand dealer, immediately after the purchase of any property, must set out in the register in the English language a record of the purchase, in chronological order by date of purchase. [The record must include:] {2.3 The record referred to in section 2.2 must include:}

{2.3.1}[(a)] the name, residence or street address, and birth date of the seller from whom the secondhand dealer, or any employee of the dealer, purchased the property;

{2.3.2}[(b)] confirmation of the identity of the seller by way of picture identification including a complete description of the picture identification and name of the authority who issued it;

{2.3.3}[(c)] a complete description of the property including the make, model, and serial number;

{2.3.4}[(d)] the type of purchase as described in {subsection 1.2.14 of }[the definition of "purchase" in] section 1.2;

{2.3.5}[(e)] the price paid for the property;

{2.3.6}[(f)] the precise date and hour of purchasing the property;

{2.3.7}[(g)] identifiable or distinguishing marks on the property; and

{2.3.8}[(h)] in the case only of a secondhand dealer who is a junk dealer purchasing metal salvage, the make, description, and provincial license number of any motor vehicle used by the seller to deliver the property to the secondhand dealer'spremises.

{2.4} [2.3] Each secondhand dealer who delivers reports to the Chief Constable under section {2.11} [2.10] must:

{2.4.1}[(a)] maintain the register in the form attached to this By-law as Schedule A; and

{2.4.2}[(b)] record all information in the register in legible handwriting in ink.

{2.5} [2.4] Each secondhand dealer who transmits reports to the Chief Constable under section {2.12} [2.11] must:

{2.5.1}[(a)] maintain the register electronically in the form attached to this By-law as Schedule B;

{2.5.2}[(b)] record all information in the register electronically;

{2.5.3}[(c)] before the close of each business day, print out a hard copy of all electronic information recorded during the course of the day, and maintain all such hard copies as a manual version of the register; and

{2.5.4}[(d)] whenever the secondhand dealer is unable, for any reason, to record entries electronically, revert to maintenance of a handwritten register under section {2.4} [2.3] until electronic recording is again available so that no gap in the secondhand dealer's record keeping or reporting will exist.

{2.6 A secondhand dealer must not:

2.6.1} [2.5 A secondhand dealer must not] amend, obliterate, deface, or erase any entry in the register or remove any page from the register, either wholly or partially or electronically or manually{; or}[.]

{2.6.2 suffer or permit any other person to amend, obliterate, deface, or erase any entry in the register or remove any page from the register, either wholly or partially or electronically or manually.

2.7} [2.6] Each secondhand dealer, during business hours on business days, must produce the register for inspection by the Chief Constable, any police force member, any person designated by the Chief Constable, the Inspector, or any person authorized to inspect on the Inspector's behalf.

{2.8} [2.7] The Chief Constable, police force member, or person designated by the Chief Constable may remove a secondhand dealer's register from the dealer's premises at any time for inspection at the police force or RCMP headquarters or for use as evidence in Court.

{2.9} [2.8] Immediately upon return of the register taken under section {2.8} [2.7] to the secondhand dealer, the dealer must record in the register, in chronological order, under section [2.3or] 2.4 {or 2.5}, every purchase by the dealer of property that occurred during the absence of the register.

{2.10} [2.9] Each secondhand dealer must:

{2.10.1}[(a)] subject to section {2.8} [2.7], keep on its premises the register, or any portion of the register, that contains any entry that is less than 24 months old;

{2.10.2}[(b)] keep within the Province of British Columbia, the register for seven years after the date of the last entry; and

{2.10.3}[(c)] if the secondhand dealer sells, leases, or otherwise disposes of the dealer's business to any person, transfer possession of the whole register to such person.

{2.11} [2.10] Each secondhand dealer who maintains a handwritten register must deliver by hand to the Chief Constable at the Vancouver Police Department at 312 Main Street, Vancouver, BC between 8:30 a.m. and 10:30 a.m. on each business day of the dealer, a report {:

2.11.1} consisting of an exact and legible photocopy of that portion of the register containing each entry of property purchased by the dealer that occurred during the period of time between 8:00 a.m. on the immediately preceding business day of the dealer and 8:00 a.m. on the business day the report is due{;}[,] and {

2.11.2} signed by the dealer.

{2.12} [2.11] Each secondhand dealer who maintains an electronic register must:

{2.12.1}[(a)] transmit to the Chief Constable electronically, to a database provided by the City of Vancouver via the Internet and using a site licence and password provided by the Chief Constable, a report consisting of each entry in the electronic register of property purchased by the dealer, immediately after the purchase occurs; or

{2.12.2}[(b)] if the dealer is unable, for any reason, to record or transmit entries electronically, comply with section {2.11} [2.10] until electronic recording and transmitting is again available, and must then immediately transmit to the Chief Constable electronically entries for all purchases made by the dealer and not previously recorded or transmitted.

{2.13} [2.12] A secondhand dealer must not carry on the business of buying or selling secondhand property except at the premises designated in the dealer's license.

{2.14} [2.13] A secondhand dealer must not purchase any property from any person between 6 p.m. of one calendar day and 6 a.m. of the next calendar day.

{2.15} [2.14] A secondhand dealer must not purchase any property whose serial number or other identifiable marking has been wholly or partially tampered with or removed.

{2.16} [2.15] A secondhand dealer must not purchase any property from any person under the age of 18 years.

{2.17} [2.16] Each secondhand dealer, on demand by the Chief Constable or any police force member during business hours on business days, must permit the Chief Constable, any police force member, or any person designated by the Chief Constable or by a police force member to inspect:

{2.17.1}[(a)] any property in the secondhand dealer's premises;

{2.17.2}[(b)] the secondhand dealer's premises.

{2.18} [2.17] Each secondhand dealer must paint and maintain the secondhand dealer's name and address plainly and visibly in English lettering on the front of the secondhand dealer's premises and on both sides of any vehicle or vessel used in carrying on the dealer's business.

{2.19} [2.18] During the applicable period of time set out in {subsection 2.20.1, 2.20.2, or 2.20.3 of section 2.20} [section 2.19], each secondhand dealer, with respect to each item of property the dealer purchases, must:

{2.19.1}[(a)] clearly and individually tag by date of purchase, and clearly and physically separate from other property in the secondhand dealer's premises, the item of property;

{2.19.2}[(b)] not repair, alter, dispose of, part with possession of, or remove from the secondhand dealer's premises the item of property; and

{2.19.3}[(c)] not suffer or permit any other person to repair, alter, dispose of, part with possession of, or remove from the secondhand dealer's premises the item of property.

{2.20} [2.19] Each secondhand dealer must comply with the requirements of section {2.19} [2.18], with respect to each item of property the dealer purchases, for the longer of:

{2.20.1}[(a)] 35 business days after the date a secondhand dealer who maintains an electronic register purchases the item of property;

{2.20.2}[(b)] 49 business days after the date a secondhand dealer who maintains a handwritten register purchases the item of property;

{2.20.3}[(c)] the number of business days of which the Chief Constable or any police force member advises the secondhand dealer, which must not exceed 90 days after the date the secondhand dealer purchases the item of property.

{2.21} [2.20] If a junk dealer, before expiry of the applicable time period under section {2.20} [2.19], wishes to sell or dispose of any property, the junk dealer may deliver a written request to the Chief Constable who may waive in writing the dealer's obligation to comply with the applicable time period on such conditions as the Chief Constable considers advisable.

{2.22} [2.21] A secondhand dealer who also holds a license as a pawnbroker must clearly and physically separate all property purchased as a secondhand dealer from property taken in pawn, and must clearly and individually tag each item of property to indicate date of purchase and whether the dealer purchased such item or took it in pawn.

SECTION 3
PAWNBROKERS

3.1 Each pawnbroker must establish and maintain a record, to be called the "Secondhand Dealers and Pawnbrokers Register", of all property the pawnbroker has taken in pawn.

3.2 Each pawnbroker, immediately after taking any property in pawn, must set out in the register in the English language a record of the pawn, in chronological order by date of taking. [The record must include:] {3.3 The record referred to in section 3.2 must include:}

{3.3.1}[(a)] the name, residence or street address, and birth date of the pawner from whom the pawnbroker, or any employee of the pawnbroker, took the property in pawn;

{3.3.2}[(b)] confirmation of the identity of the pawner by way of picture identification including a complete description of the picture identification and name of the authority who issued it;

{3.3.3}[(c)] a complete description of the property including the make, model, and serial number;

{3.3.4}[(d)] the type of acquisition, being a pawn;

{3.3.5}[(e)] the amount paid for the property in pawn;

{3.3.6}[(f)] the precise date and hour of taking the property in pawn;

{3.3.7}[(g)] identifiable or distinguishing marks on the property; and

{3.3.8}[(h)] in the case only of a pawnbroker who is a junk dealer purchasing metal salvage, the make, description, and provincial license number of any motor vehicle used by the pawner to deliver the property to the pawnbroker's premises.

{3.4} [3.3] Each pawnbroker who delivers reports to the Chief Constable under section {3.11} [3.10] must:

{3.4.1}[(a)] maintain the register in the form attached to this By-law as Schedule A; and

{3.4.2}[(b)] record all information in the register in legible handwriting in ink.

{3.5} [3.4] Each pawnbroker who transmits reports to the Chief Constable under section {3.12} [3.11] must:

{3.5.1}[(a)] maintain the register electronically in the form attached to this By-law as Schedule B;

{3.5.2}[(b)] record all information in the register electronically;

{3.5.3}[(c)] before the close of each business day, print out a hard copy of all electronic information recorded during the course of the day, and maintain all such hard copies as a manual version of the register; and

{3.5.4}[(d)] whenever the pawnbroker is unable, for any reason, to record electronically, revert to maintenance of a handwritten register under section {3.4} [3.3] until electronic recording is again available so that no gap in the pawnbroker's record keeping or reporting will exist.

{3.6} [3.5] A pawnbroker must not:

{3.6.1}[(a)] amend, obliterate, deface, or erase any entry in the register or remove any page from the register, either wholly or partially or electronically or manually; or

{3.6.2}[(b)] suffer or permit any other person to amend, obliterate, deface, erase, or remove any page from the register, either wholly or partially or electronically or manually.

{3.7} [3.6] Each pawnbroker, during business hours on business days, must produce the register for inspection by the Chief Constable, any police force member, any person designated by the Chief Constable, the Inspector, or any person authorized to inspect on the Inspector's behalf.

{3.8} [3.7] The Chief Constable, police force member, or person designated by the Chief Constable may remove a pawnbroker's register from the pawnbroker's premises at any time for inspection at the police force or RCMP headquarters or for use as evidence in Court.

{3.9} [3.8] Immediately upon return of the register taken under section {3.8} [3.7] to the pawnbroker, the pawnbroker must record in the register, in chronological order, under section [3.3 or] 3.4 {or 3.5}, every taking by the pawnbroker of property in pawn that occurred during theabsence of the register.

{3.10} [3.9] Each pawnbroker must:

{3.10.1}[(a)] subject to section {3.8} [3.7], keep on its premises the register, or any portion of the register, that contains any entry that is less than 24 months old;

{3.10.2}[(b)] keep within the Province of British Columbia, the register for seven years after the date of the last entry; and

{3.10.3}[(c)] if the pawnbroker sells, leases, or otherwise disposes of the pawnbroker's business to any person, transfer possession of the whole register to such person.

{3.11} [3.10] Each pawnbroker who maintains a handwritten register must deliver by hand to the Chief Constable at the Vancouver Police Department at 312 Main Street, Vancouver, BC between 8:30 a.m. and 10:30 a.m. on each business day of the pawnbroker, a report {:

3.11.1} consisting of an exact and legible photocopy of that portion of the pawnbroker's register containing each entry of property taken in pawn by the pawnbroker that occurred during the period of time between 8:00 a.m. on the immediately preceding business day of the pawnbroker and 8:00 a.m. on the business day the report is due{;}[,] and {

3.11.2} signed by the pawnbroker.

{3.12} [3.11] Each pawnbroker who maintains an electronic register must:

{3.12.1}[(a)] transmit to the Chief Constable electronically, to a database provided by the City of Vancouver via the Internet and using a site licence and password provided by the Chief Constable, a report consisting of each entry in the electronic register of property taken in pawn by the pawnbroker, immediately after the pawn occurs; or

{3.12.2}[(b)] if the pawnbroker is unable, for any reason, to record or transmit entries electronically, comply with section {3.11} [3.10] until electronic recording and transmitting is again available, and must then immediately transmit to the Chief Constable electronically entries for all property taken in pawn by the pawnbroker and not previously recorded or transmitted.

{3.13} [3.12] A pawnbroker must not carry on the business of taking property in pawn except at the premises designated in the pawnbroker's license.

{3.14} [3.13] A pawnbroker must not take in pawn any property from any person between 6 p.m. of one calendar day and 6 a.m. of the next calendar day.

{3.15} [3.14] A pawnbroker must not take in pawn any property whose serial number or other identifiable marking has been wholly or partially tampered with or removed.

{3.16} [3.15] A pawnbroker must not take in pawn any property from any person under the age of 18 years.

{3.17} [3.16] A pawnbroker must not employ, at the pawnbroker's premises, any person who is not at least 19 years old.

{3.18} [3.17] Each pawnbroker, on demand by the Chief Constable or any police force member during business hours on business days, must permit the Chief Constable, any police force member, or any person designated by the Chief Constable or by a police force member to inspect:

{3.18.1}[(a)] any property in the pawnbroker's premises;

{3.18.2}[(b)] the pawnbroker's premises;

{3.18.3}[(c)] the redemption portions of pawn tickets, signed by the pawner.

{3.19} [3.18] Each pawnbroker must paint and maintain the pawnbroker's name and address plainly and visibly in English lettering on the front of the pawnbroker's premises and on both sides of any vehicle or vessel used in carrying on the pawnbroker's business.

{3.20} [3.19] During the applicable period of time set out in {subsection 3.21.1, 3.21.2, or 3.21.3 of section 3.21} [section 3.20], each pawnbroker, with respect to each item of property the pawnbroker takes in pawn, must:

{3.20.1}[(a)] clearly and individually tag by date of taking the property in pawn, and clearly and physically separate from other property in the pawnbroker's premises, the item of property;

{3.20.2}[(b)] not repair, alter, dispose of, part with possession of, or remove from the pawnbroker's premises the item of property; and

{3.20.3}[(c)] not suffer or permit any other person to repair, alter, dispose of, part with possession of, or remove from the pawnbroker's premises the item of property;

except that a pawner who pays the debt and interest owing to the pawnbroker may reclaim property belonging to that pawner before expiry of any period mentioned in {subsection 3.21.1, 3.21.2, or 3.21.3 of section 3.21.} [section 3.20.]

{3.21} [3.20] Each pawnbroker must comply with the requirements of section {3.20} [3.19], with respect to each item of property the pawnbroker takes in pawn, for the longer of:

{3.21.1}[(a)] 35 business days after the date a pawnbroker who maintains an electronic register takes the item of property in pawn;

{3.21.2}[(b)] 49 business days after the date a pawnbroker who maintains a handwritten register takes the item of property in pawn; and

{3.21.3}[(c)] the number of business days of which the Chief Constable or any police force member advises the pawnbroker, which must not exceed 90 days after the date the pawnbroker takes the item of property in pawn.

SECTION 4
OFFENCES AND PENALTIES

4.1 Every person who violates any of the provisions of this By-law or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this By-law, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this By-law or who does any act which violates any of the provisions of this By-law, shall be guilty of an offence against this By-law and liable to the penalties hereby imposed.

4.2 Every person who commits an offence against this By-law is punishable on conviction by a fine of not less than $200.00 and not more than $5,000.00 for each offence.

4.3 Every person who commits an offence of a continuing nature is liable to a fine not exceeding $50.00 for each day such offence is continued.

SECTION 5
REPEAL AND ENACTMENT

5.1 By-laws numbered 1511, 1731, 1892, 2020, 2429, 2450, 2486, 2584 and 2635, are repealed.

5.2 This By-law comes into force and takes effect on and after the date of the final passing thereof.

DONE AND PASSED in open Council this 14th day of June, 1943.

(signed) J.W. Cornett  

Mayor

(signed) Fred Howlett  
City Clerk

{21680v3} [49485

(c) 1998 City of Vancouver