(A) License required. No person shall own, operate or engage in the business as a pawnbroker or secondhand dealer within the town without first obtaining a license and complying with the provisions of this subchapter and other relevant chapters of the code.
(Prior Code, § 6:5:03)
(B) Separate license for each place of business. Every person engaging in an activity required to be licensed under this subchapter shall obtain a license for each and every separate office or place of business conducted by such person.
(Prior Code, § 6:5:04)
(C) Application for license. Application for a license required by this subchapter shall be made in writing on forms furnished by the Clerk-Treasurer. No person shall make a known misrepresentation or false statement on an application. The application shall be filed with the Clerk-Treasurer and shall include:
(1) The applicant’s full name and address, the address of his or her local business establishment, the exact nature of his or her business;
(2) The name or title of the proposed business, profession or occupation;
(3) If the applicant is not the owner of the place in which the business is to be conducted, the name and address of the owner;
(4) If the applicant is a partnership, corporation or other association, the names and addresses of all partners or principal officers;
(5) If the applicant is acting as an agent or employee, the name and address of the principal or employer; and
(6) The attachment of a receipt from the Clerk-Treasurer showing the payment of the license fee.
(Prior Code, § 6:5:05)
(D) License fees. The license fee for licenses issued under this subchapter shall be $100 for the term of one calendar year. The license fee is payable to the Clerk-Treasurer at the time that the application for a license is made. If the license is denied, the fee, less $25 for the cost of the license investigation and inspection procedure, shall be returned to the applicant.
(Prior Code, § 6:5:06)
(E) Duration of license; prorated fee. All licenses issued under this subchapter, unless specified otherwise on the license, shall be issued for the duration of the calendar year for which they were issued, and all licenses shall expire on December 31 of such calendar year. In the event an application for a license goes into effect at any time after January 1 of any calendar year, the applicant shall be required to pay for the license a pro rata part for the portion of the year remaining up to December 31 of that year; provided, however, that, any portion of a calendar month, except as to daily or weekly licenses as may be provided for by the town, shall be counted as one month in the computations of time for such remaining portion of the year.
(Prior Code, § 6:5:07)
(F) Investigation of applicant. Upon receipt of an application for a license, the Clerk-Treasurer shall forward it to the Town Marshal who shall conduct an investigation concerning the truth of the facts stated in the application, the character of the applicant and the condition of the premises upon which the proposed licensed activity is to take place.
(Prior Code, § 6:5:08)
(G) Issuance of license; denial. Within 15 calendar days of his or her receipt of the application for a license, the Clerk-Treasurer shall approve the application for a license unless he or she finds that:
(1) The applicant has been convicted of a crime, if the crime is substantially related to the qualifications, functions or duties of the business, profession or occupation for which the license is to be issued;
(2) The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit himself, herself or another, or substantially injure another;
(3) The applicant knowingly made a false statement of fact required to be revealed in the application for the license, or in any amendment or report to be made thereunder; or
(4) Issuance of the license would be inconsistent with public health, safety or general welfare.
(Prior Code, § 6:5:09)
(H) Notice of denial.
(1) Upon denial of a license, the Clerk-Treasurer shall give written notice of such action to the applicant by first class or certified mail, which notice shall state the reasons for the denial. Any applicant whose application is denied may, within ten days after the mailing of the above notice, request a hearing on such action. A hearing shall be scheduled within 30 days after the receipt of a request for hearing.
(2) If no request for hearing is made within the ten-day period, the decision of the Town Council shall be final.
(Prior Code, § 6:5:10)
(I) Hearing. The hearing shall be held before the Town Council, which may reverse, modify or affirm the decision of the Clerk-Treasurer.
(Prior Code, § 6:5:11)
(J) Contents of license. Every license shall state by name the person to whom it is issued, the business, profession or occupation licensed, the address of the place where the business, profession or occupation shall be conducted, if applicable, and the date of issuance and date of expiration of the license.
(Prior Code, § 6:5:12)
(K) Revocation of license.
(1) A license issued under this subchapter shall be suspended or revoked by the Town Council if the licensee is convicted of larceny or receiving stolen goods, or if the license issued to such licensee under the state’s Pawnbroking Law (I.C. 28-7-5-1 et seq.) has been revoked.
(2) A license shall be revoked or suspended if there is a finding that the person complained of has:
(a) Willfully violated a term or condition of his or her license;
(b) Willfully done or permitted to be done an act in violation of a statute or town ordinance relating to the business, profession or occupation licensed; or
(c) Conducted the licensed business, profession or occupation in such a manner as to constitute a threat to the public health, safety or general welfare.
(Prior Code, § 6:5:19)
(Ord. 82-34, passed 2-2-1983) Penalty, see § 113.99