PAWNBROKER LAW GETS FIRST NOD; CITY COUNCIL ACTS ON MEASURE AFTER LENGTHY DISCUSSION

After extended debate, the Cape Girardeau City Council Monday approved first reading of an amended pawnbroker law that will only slightly change a city law already on the books.

The council also voted down a similar measure that would have imposed more stringent identification requirements for people who transact with businesses that deal in precious metals and commodities.

The action came after a number of merchants opposed the measures, which were proposed by the Cape Girardeau Police Department to combat the trafficking of stolen goods through such businesses.

The final pawnbroker ordinance, the result of three amendments, essentially maintains the existing city law, except that purchases of used goods from minors now is prohibited.

Also, a section of the law was narrowed to allow only local police officers to inspect the pawnshop's transaction register. The existing law allows inspections of the register by the city manager, mayor, police, sheriff's department, highway patrol, city attorney and counsel, or "any person authorized in writing for that purpose."

Most of the merchants represented at Monday's meeting said they had little objection to the changes that were made in response to their previous complaints.

Provisions taken out of the proposed ordinance that merchants objected to included:

Requirement that businesses maintain a register of loans and purchases, including description, photo identification and a right thumb print of the pledger.

Requirement that a register of sales be maintained, including the name, birth date, and address of the purchaser verified by photo identification and the date of the transaction.

The law as amended would require a register for loans and purchases, but not a thumb print. Also, the sales register requirement was dropped.

Merchants representing pawnshops said the proposed law would have been an invasion on the privacy of honest customers.

Joe Wilson, who owns a pawnshop on Kingshighway, said he objected primarily to the thumb print and sales register requirements.

"You've got a lot of people who don't want you to know who they are or what they're taking home with them," he said.

Wilson compared the pawnbroker ordinance to "recommending brain surgery for a headache."

David Creech, who works at Plaza Pawn in Cape Girardeau, said the proposed measure would discriminate against a group of people who use pawnshops for short-term loans. He said many of the pawnshop customers aren't able to get loans at banks and other lending institutions.

Creech also said most pawnshops in the city already keep a register of purchases that include everything in the ordinance except the thumb print. He objected to the register of sales, though, saying that it would deter business.

Shawn Mitchell of Cape Jewelry and Pawn said that fewer than 1 percent of all the transactions at his business come back as stolen items. He said the proposed law was unnecessary and a hindrance to legitimate businesses.

Marshall Shain, an attorney representing three precious-commodities dealers, also objected to the proposed law that would have imposed much of the same identification requirements for businesses that deal in precious commodities.

But Police Chief Howard Boyd Jr. said the measure would aid law enforcement attempts to track stolen goods that often are sold at pawnshops and used-jewelry stores. Boyd said he didn't think the identifications requirements were unreasonable.

"This weekend I went to the grocery store and bought a chicken, a loaf of bread and a gallon of milk, and they asked of me the exact same thing that's required in this ordinance," he said.

He related a recent burglary case in which a woman had $4,500 worth of jewelry stolen. Boyd said the suspect in the case was arrested with a receipt for $30 from a local precious-metals dealer. He said the money was what the suspect received for a $1,100 gold necklace.

"This is what's happening," the police chief said. "All we ask is that some identification be made on these people."

Lt. John Brown of the police department said the sales register was included in the law to close a loophole that makes it difficult to trace stolen items that are subsequently sold by pawnbrokers.

But Shain said the measure was much too broad and would include every retail jeweler in Cape Girardeau. He said the proposed ordinance's provisions were too burdensome and would do little to reduce the rate of thefts in the city.

"I think that we have no empirical evidence that passage of this ordinance would help the police," Shain said.

Shain also said the sales register would be a "burglary list" that would provide a potential thief with a description of the items, in addition to the name and address of the owner.

"If I break into a precious-commodities store, yes, I might steal some coins or jewelry, but the thing I want most is this ledger," he said.

Council members said they thought the proposed measure would have been too restrictive for affected businesses and their customers.

"I personally feel we have sufficient ordinances on the books to handle this," said Mayor Gene Rhodes.

Councilman David Limbaugh said: "I do think it's over-reaching and vague. There's a balance between law enforcement and privacy, and although I'm for strong law enforcement, I think it just goes too far."