City of Edmonton License Bylaw Amendment No. 32

Purpose

The purpose of this bylaw is to amend Bylaw 6124, the City of Edmonton License Bylaw.

Readings

This Bylaw is authorized under the Municipal Government Act. A majority vote of City Council on all three readings is required for passage.

If Council wishes to give three readings during a single meeting, then prior to moving Third Reading, Council must unanimously agree “That Bylaw 12455 be considered for Third Reading”.

Position of Department

The Edmonton Police Service supports this Bylaw.

Report Summary

This bylaw contains proposed amendments to the License Bylaw increasing the holding period required of a merchant on pawned and second hand goods from 30 days to 45 days.

Report

·  The Edmonton Police Service routinely traces stolen property to pawnshops and second hand stores. This is particularly true of property stolen from break and enters.

·  The police generally only learn of thefts once the property owner reports the occurrence to police. As such, police investigations into locating stolen property and the person(s) involved is heavily contingent on the owner reporting the theft to police. As a result of vacations and other absences from home, many break and enters and thefts are not discovered until the homeowner returns to their residence. As a consequence, the property may have been stolen three or four weeks prior to the discovery of the crime, and the notification to the police. In these cases, under the current minimum 30 day holding period, the stolen property can already have been taken to a pawnshop or second hand store, leaving little or no time for the police to investigate and locate the stolen items.

·  Many stolen items do not have a unique identifying feature such as a serial number. Clothing, jewellery, tools, sporting equipment, etc. cannot be easily traced, and tracing these types of items is very labour intensive and time consuming. At present, the current minimum 30 day holding period is insufficient time to allow for the discovery of the theft of property, the reporting of the occurrence to the police, the investigating of the occurrence. The latter includes efforts to locate the property.

·  On August 29, 2000 the Edmonton Police Service sent a letter to the 113 merchants licensed pursuant to the License Bylaw that could be effected by the proposed changes. The merchants were advised of the Edmonton Police Service's intention to seek an increase in the holding period of pawned and second hand goods, and they were given an opportunity to provide comments in relation to this matter.

·  The Edmonton Police Service received 4 responses. Those who replied indicated they were not in support of such a change, generally for economic reasons. The concern was that a longer holding period, would necessitate increased storage space and associated costs.

·  The 45 day holding period proposed for merchants before they can dispose of pawned or second hand goods would alleviate the current problems that exist as referred to above.

Background Information Attached

  1. Bylaw 12455
  2. Summary of Proposed Amendments

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City of Edmonton License Bylaw Amendment No. 32

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Attachment 2

Summary of Proposed Amendments

LICENSE BYLAW 6124

PROPOSED AMENDMENTS

Existing Proposed

536.B.11 / With the exception of pawned goods which are lawfully redeemed by the person who pledged them or his agent, no merchant or merchant agent shall alter, repair, forfeit, sell, or dispose of or in any way part with possession of goods which have been pledged until the expiration of thirty (30) days from the date such goods were pledged, exclusive of the day of pledging. / 536.B.11 / With the exception of pawned goods which are lawfully redeemed by the person who pledged them or his agent, no merchant or merchant agent shall alter, repair, forfeit, sell, or dispose of or in any way part with possession of goods which have been pledged until the expiration of forty-five (45) days from the date such goods were pledged, exclusive of the day of pledging.
536.C.3 / No merchant or merchant agent shall alter, repair, forfeit, sell, or dispose of or in any way part with possession of secondhand goods for a period of at least thirty (30) days from the date of acquisition, exclusive of the date the secondhand goods were acquired. / 536.C.3 / No merchant or merchant agent shall alter, repair, forfeit, sell, or dispose of or in any way part with possession of secondhand goods for a period of at least forty-five (45) days from the date of acquisition, exclusive of the date the secondhand goods were acquired.

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