(1) No licensee may engage in a loan
business or the negotiation of loans or the discounting of notes,
bills of exchange, checks, or other evidences of debt on the same
premises where a check cashing or selling business is conducted,
unless the licensee:
(a) Is conducting the activities of pawnbroker as defined in
RCW 19.60.010;
(b) Is a properly licensed consumer loan company under
chapter 31.04 RCW;
(c) Is conducting other lending activity permitted in the
state of Washington; or
(d) Has a small loan endorsement.
(2) Except as otherwise permitted in this chapter, no
licensee may at any time cash or advance any moneys on a
postdated check or draft. However, a licensee may cash a check
payable on the first banking day following the date of cashing
if:
(a) The check is drawn by the United States, the state of
Washington, or any political subdivision of the state, or by any
department or agency of the state or its subdivisions; or
(b) The check is a payroll check drawn by an employer to the
order of its employee in payment for services performed by the
employee.
(3) Except as otherwise permitted in this chapter, no
licensee may agree to hold a check or draft for later deposit. A
licensee shall deposit all checks and drafts cashed by the
licensee as soon as practicable.
(4) No licensee may issue or cause to be issued any check,
draft, or money order, or other commercial paper serving the same
purpose, that is drawn upon the trust account of a licensee
without concurrently receiving the full principal amount, in
cash, or by check, draft, or money order from a third party
believed to be valid.
(5) No licensee may advertise, print, display, publish,
distribute, or broadcast or cause or permit to be advertised,
printed, displayed, published, distributed, or broadcast, any
statement or representation that is false, misleading, or
deceptive, or that omits material information, or that refers to
the supervision of the licensee by the state of Washington or any
department or official of the state.
(6) Each licensee shall comply with all applicable federal
statutes governing currency transaction reporting.
[2003 c 86 § 7; 1995 c 18 § 7; 1994 c 92 § 280; 1991 c 355 § 7.]