(A) General.
(1) Licenses required.
(a) All establishments, including any business operating at the time this chapter becomes effective, operating or intending to operate a pawnshop, shall apply for and obtain a license from the city.
(b) A person is in violation of the city ordinance if he or she operates a pawnshop without a valid license issued by the city.
(2) Applications. An application for a license under this subchapter shall be made on a form provided by the city and be filed with the City Administrator. The application shall include the following information:
(a) If the applicant is a natural person:
1. The name, birthplace, date of birth, resident street address and phone number of applicant;
2. Whether the applicant is a citizen of the United States or a resident alien;
3. Whether the applicant has ever used or has been known by a name other than the applicant’s given name and, if so, the name or names used previously and information concerning dates and places where used;
4. The name of the business if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certification required by M.S. § 333.01, as it may be amended from time to time;
5. The street addresses at which the applicant has lived during the preceding five years;
6. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years and the name(s) and address(es) of the applicant’s previous employer(s) and partner(s), if any, for the preceding five years;
7. Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place and offense of all such convictions;
8. The physical description of the applicant;
9. The applicant’s current personal financial statement; and
10. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in divisions (A)(2)(a)1. through (A)(2)(a)8. above.
(b) If the applicant is a partnership:
1. The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in division (A)(2)(a) above;
2. The name(s) of the managing partner(s) and the interest of each partner in the licensed business;
3. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to M.S. § 333.01, as it may be amended from time to time, a certified copy of the certificate must be attached to the application; and
4. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them as required in divisions (A)(2)(a)1. through (A)(2)(a)8. above.
(c) If the applicant is a corporation or other organization:
1. The name of the corporation or business form and, if incorporated, the state of incorporation;
2. A true copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required in M.S. § 303.06, as it may be amended from time to time, shall be attached;
3. The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor, or agent as required in divisions (A)(2)(a)1. through (A)(2)(a)8. above; and
4. A list of all persons who control or own an interest in excess of 5% in the organization or business form or who are officers of the corporation or business form and all information concerning the persons as required in divisions (A)(2)(a)1. through (A)(2)(a)8. above.
(d) For all applicants, the following information shall be supplied:
1. Whether the applicant holds a current pawnbroker license from any other governmental unit;
2. Whether the applicant has previously been denied, or had revoked, or had suspended a pawnbroker license from any other governmental unit;
3. The names, resident street addresses and business addresses of three character references, who are of good moral character and who are not related to the applicant or not holding any ownership in the premises or businesses;
4. The location of the business premises;
5. The legal description of the premises to be licensed, together with a sketch plan of the area for which the license is sought showing dimensions, location of buildings and street access parking facilities; and
6. Such other information as the Planning Commission may deem necessary.
(3) Application execution. All applications for a license under this subchapter must be signed and sworn to under oath of affirmation by the applicant. If the application is that of a natural person, it must be signed and sworn to by the person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond shall be made and issued in the name of all partners. Any false statement on an application shall result in denial of the application.
(4) Application investigation. At the time of making an initial or renewal application, the applicant shall, in writing, authorize the Police Department or the County Sheriff to investigate all facts set out in the application and to perform a personal background and criminal record check on the applicant. The applicant shall further authorize the Police Department or the County Sheriff to release information received from the investigation to the city. The applicant shall have an opportunity to review the information before it is released to the city.
(5) New manager. When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate application on forms provided by the city within 14 days. The application must include all appropriate information as required in division (A)(2) above.
(B) Transfer of license.
(1) Each license under this subchapter shall be issued to the applicant only and the license shall not be transferable, except as allowed in the following statements regarding corporations, partnerships or associations.
(a) Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation unless the change is approved by the city, in which event the license shall continue in force until the end of the then current license year.
(b) Licenses issued to partnerships or associations shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of the partnership or association unless the change is approved by the city, in which event the license shall continue in force until the end of the then current license year.
(c) Corporation, partnerships or associations shall submit written notice to the Administrator of any such changes described herein on or before 60 days prior to the effective date of any the change and pay a fee required for an amendment to the license. In the case of a corporation, the licensee shall submit written notice to the Administrator when a person not listed in the initial application will be acquiring an interest and shall give all information about the person as is required of a person pursuant to the provisions of this subchapter.
(2) Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. No licensee shall loan, sell, give or assign a license to another person.
(C) Expiration and renewal.
(1) Expiration. All licenses shall expire at the end of the calendar year.
(2) Renewal. Applications may only be renewed by making an application as provided for in division (A)(2) above. Application renewals shall be made at least 60 days prior to the expiration date of the license and shall be made on forms provided by the city. The city will mail application renewal forms to existing licensees approximately 120 days prior to the expiration of the licenses.
(D) License disqualification. No license shall be issued if the applicant, any general partner or managing partner of a partnership, or a manager, proprietor or agent in charge of a corporation or other organization meets any of the following:
(1) Is a minor at the time the application is filed;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Is not a citizen of the United States or a resident alien;
(4) Holds an intoxicating liquor license; and
(5) In the judgment of the city, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license.
(E) Fees. The annual license fee and investigation fee shall be established by the City Council by resolution on the fee structure.
(F) Denial, suspension or revocation. Any license issued under this subchapter may be denied, suspended or revoked for one or more of the following reasons:
(1) The proposed use does not comply with any applicable zoning ordinance;
(2) The proposed use does not comply with any health, building, building maintenance or other provisions of this chapter or state law;
(3) The applicant or licensee has failed to comply with one or more provisions of this subchapter;
(4) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information;
(5) Fraud, misrepresentation or bribery was used or attempted in securing or renewing a license;
(6) Fraud, misrepresentation or false statements were made in the application and investigation for, or in the course of, the applicant’s business;
(7) The applicant has violated within the preceding five years, any law relating to theft, damage or trespass to property, sale of a controlled substance or illegal operation of a business; and
(8) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this subchapter.
(Ord. 332, passed 5-19-2008)