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ARTICLE IV. INSURANCE LICENSES
(A) There is hereby imposed on each insurance company a license fee for the privilege of engaging in the business of insurance within the corporate limits of the city.
(B) The license fee imposed upon each insurance company which issues life insurance policies on the lives of persons residing within the corporate limits of the city shall be six (6) percent of the first year’s premium actually collected within each calendar quarter by reason of the issuance of such policies.
(C) The license fee imposed upon each insurance company which issues any insurance policy which is not a life insurance policy shall be six (6) percent of the premiums actually collected within each calendar quarter by reason of the issuance of such policies on risks located within the corporate limits of the city on those classes of business which such company is authorized to transact, less all premiums returned to policyholders; however, any license fee or tax imposed upon premium receipts shall not include premiums received for insuring employers against liability for personal injuries to their employees, or death caused thereby, under the provisions of the Worker’s Compensation Act; nor for premiums received on policies of group health insurance provided for state employees under KRS 18A.225(2); nor for premiums of medical or health insurance policies.
(D) All license fees imposed by this section shall be due no later than thirty (30) days after the end of each calendar quarter. License fees which are not paid on or before the due date shall bear interest at the tax interest rate as defined in KRS 131.183.
(E) Every insurance company subject to the license fees imposed by this section shall annually, by March 31, furnish the city with a written breakdown of all collections in the preceding calendar year for the following categories of insurance:
(1) Casualty;
(2) Automobile;
(3) Inland marine;
(4) Fire and allied perils; and
(5) Life.
(Ord. No. 04-07, 3-12-07)
ARTICLE V. PAWNSHOPS, JUNK, SCRAP METAL, SECOND HAND STORES, AND SECOND HAND DEALERS.
The purpose of this subchapter is to prevent pawnshops, secondhand dealers, junk dealers, and scrap metal dealers and similar businesses from being used as facilities for the commission of crime. The City Council finds that the pawn industry has outgrown the City's current ability to effectively or efficiently identify crime activity related to pawnshops, scrap metal, second hand dealers, and precious metal dealers can also be compromised by others in the commission of crimes. To assure that such businesses comply with basic consumer protection standards and to protect the public health, safety and general welfare of the citizens of the City, the City Council therefore finds consumer protection regulation is warranted in transactions involving pawnbrokers, secondhand dealers, and precious metal dealers. To help law enforcement better regulate current and future pawnshops, secondhand dealers, junk dealers, and scrap metal dealers and similar businesses, decrease and stabilize costs associated with regulation of these businesses, and increase identification of criminal activities in these businesses through the timely collection and sharing of pawn transaction information, this subchapter also implements and establishes the required use of the Leads Online, Automated Pawn System (APS), or similar system.
(Ord. No. 15-2011, 12-6-11)
The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise.
“CONSIGNMENT.” A transaction in which a person/bailer delivers goods to a merchant for the purpose of sale and the merchant acts as the bailee or agent for the goods and markets such goods for sale on behalf of the person/bailor. The merchant does not acquire ownership or title to such goods at any time, but may receive a commission upon sale of the consigned goods.
“JUNK DEALER.” Any person engaged in the business of operating a junk yard.
“JUNK YARD.” Any land, building, structure, enclosure, or site where waste materials are purchased, collected, or processed for the purpose of resale, barter, or exchange.
“LICENSEE.” Any person or entity operating as a junk dealer, scrap metal dealer, pawn shop, secondhand dealer or secondhand store, as defined in this chapter.
“MINOR.” Any person under 18 years of age.
PAWNBROKER/PAWNSHOP. Any premises, entity or individual who loans money on deposit of personal property, or who deals in the purchase of personal property on the condition of selling the property back again at a stipulated price, or who makes a public display at his/her/its place of business of the sign generally used by pawnbrokers to denote their business, or who publically exhibits a sign advertising money to loan on personal property or deposit.
“SCRAP METAL.” Any waste and/or new metal products, including but not limited to, old, unwanted metal, parts of vehicles, building supplies, wrought iron, wiring, piping, copper tubing, aluminum (except aluminum cans), steel, and surplus materials.
“SCRAP METAL DEALER.” Any person or entity engaged in the business of purchasing and/or selling scrap metal.
“SCRAP YARD.” Any premises where a business or entity is located that deals in the purchase and sale of scrap, including but not limited to recycling operations.
“SECONDHAND DEALER.” Any person or entity engaged in the business of selling used automobile parts or other used motor vehicle parts.
“SECONDHAND STORE.” Any premises or individual involved in the retail sales of previously used items, such as appliances, refrigerators, stoves, power tools, athletic equipment, washing machines, and dryers, and previously used electronics, such as televisions, computers, cellular phones, portable music devices and stereos. This definition includes stores or other entities that are sometimes referred to as "pawn shops," but excludes used clothing stores, Goodwill Industries, Red Cross, and other charitable organizations.
(Ord. No. 15-2011, 12-6-11)
No person shall engage in the business of junk dealer, scrap metal dealer, pawn shop, secondhand dealer or secondhand store, as defined in §60.601, without first having secured all licenses required for the operation of such a business from the City of Berea. No applicant shall be eligible for a license if he/she/it is delinquent or in default of an obligation to pay a tax, license fee, fine, lien or other financial obligation to the City of Berea.
(Ord. No. 15-2011, 12-6-11)
Every person to whom a city license is granted to carry on the business of a pawnbroker shall annually execute and deliver to the city a bond with good and sufficient surety in the penal sum of $1,000.00. The bond shall be conditioned that the pawnbroker will conduct the business in compliance with the provisions of KRS 226.030 to 226.050, and the provisions of this chapter.
(Ord. No. 15-2011, 12-6-11)
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