(A) Required information. An application form provided by the License Division must be completed by every applicant for a new license or for a renewal of an existing license. Every new applicant must provide all the following information:
(1) If the applicant is an individual:
(a) The full legal name, place of birth, date of birth, street resident address, home telephone number, and work telephone number of the applicant.
(b) Whether the applicant is a citizen of the United States or resident alien.
(c) Whether the applicant has ever used or has been known by a name other than the applicant’s name, and if so, the name or names used and information concerning dates and places used.
(d) 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 certificate as required by M.S. § 333.01.
(e) The street address at which the applicant has lived during the preceding five years.
(f) 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 employer(s) and partner(s), if any, for the preceding five years.
(g) 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.
(h) The physical description of the applicant.
(i) The applicant’s current personal financial statement and true copies of the applicant’s federal and state tax returns for the two years prior to application.
(j) If the applicant does not manage the business, the full legal name of the manager(s) or other person(s) in charge of the business, as well as, the following information:
1. Place of birth, date of birth, street resident address, home telephone number, and work telephone number of the manager(s) or other person(s) in charge of the business.
2. Whether the manager(s) or other person(s) in charge of the business is a citizen of the United States or resident alien.
3. Whether the manager(s) or other person(s) in charge of the business has ever used or has been known by a name other than the name(s) listed as manager(s) or other person(s) in charge of the business. If so, the name or names used and information concerning dates and places used.
4. The street address at which the manager(s) or other person(s) in charge of the business has lived during the preceding five years.
5. The type, name, and location of every business or occupation in which the manager(s) or other person(s) in charge of the business has been engaged during the preceding five years and the name(s) and address(es) of their employer(s) and partner(s), if any, for the preceding five years.
6. Whether the manager(s) or other person(s) in charge of the business has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, they must furnish information as to the time, place, and offense of all such convictions.
7. The physical description(s) of the manager(s) or other person(s) in charge of the business.
(2) If the applicant is a partnership:
(a) The full legal name(s), address(es), place of birth(s), home telephone number(s), and work telephone number(s) of all general or limited partners.
(b) Whether all the general or limited partners are citizens of the United States or resident aliens.
(c) Whether the general or limited partners have ever used or have been known by a name other than the names listed as general or limited partners, and if so, the name or names used and information concerning dates and places used.
(d) The name(s) of the managing partner(s) and the interest of each partner in the licensed business.
(e) The street address at which the general or limited partners have lived during the preceding five years.
(f) The type, name, and location of every business or occupation in which the general or limited partners have been engaged during the preceding five years and the name(s) and address(es) of the general or limited partner’s employer(s) and partner(s), if any, for the preceding five years.
(g) A true copy of the partnership agreement will 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, a certified copy of such certificate must be attached to the application.
(h) A true copy of the federal and state tax returns for partnership for the two years prior to application.
(i) Whether any general or limited partner has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the partner(s) must furnish information as to the time, place, and offense of all such convictions.
(j) If the partnership does not manage the business, the full legal name of the manager(s) or other person(s) in charge of the business, as well as, the following information:
1. Place of birth, date of birth, street resident address, home telephone number, and work telephone number of the manager(s) or other person(s) in charge of the business.
2. Whether the manager(s) or other person(s) in charge of the business is a citizen of the United States or resident alien.
3. Whether the manager(s) or other person(s) in charge of the business has ever used or has been known by a name other than the name(s) listed as manager(s) or other person(s) in charge of the business. If so, the name or names used and information concerning dates and places used.
4. The street address at which the manager(s) or other person(s) in charge of the business has lived during the preceding five years.
5. The type, name, and location of every business or occupation in which the manager(s) or other person(s) in charge of the business has been engaged during the preceding five years and the name(s) and address(es) of their employer(s) and partner(s), if any, for the preceding five years.
6. Whether the manager(s) or other person(s) in charge of the business has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, they must furnish information as to the time, place, and offense of all such convictions.
7. The physical description(s) of the manager(s) or other person(s) in charge of the business.
(3) If the applicant is a corporation or other organization:
(a) The name of the corporation or business form, and if incorporated, the state of incorporation.
(b) A true copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws will be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required by M.S. § 303.06, must be attached.
(c) The full legal name of the manager(s), proprietor(s), or agent(s), as well as, the following information concerning each manager, proprietor, or agent:
1. Place of birth, date of birth, street resident address, home telephone number, and work telephone number of the manager(s), proprietor(s) or agent(s).
2. Whether the manager(s), proprietor(s), or agent(s) is a citizen of the United States or resident alien.
3. Whether the manager(s), proprietor(s) or agent(s) has ever used or has been known by a name other than the name(s) listed as manager(s), proprietor(s), or agent(s). If so, the name or names used and information concerning dates and places used.
4. The street address at which the manager(s), proprietor(s), or agent(s) has lived during the preceding five years.
5. The type, name, and location of every business or occupation in which the manager(s), proprietor(s), or agent(s) has been engaged during the preceding five years and the name(s) and address(es) of their employer(s) and partner(s), if any, for the preceding five years.
6. Whether the manager(s), proprietor(s) or agent(s) has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, furnish information as to the time, place, and offense of all such convictions.
7. The physical description of the manager(s), proprietor(s), or agent(s).
8. A list of all persons who control or own an interest in excess of five percent in such organization or business form or who are officers of the corporation or business form and the following information for each said persons:
a. Place of birth, date of birth, street resident address, home telephone number, and work telephone number.
b. Whether all said persons are a citizens of the United States or resident aliens.
c. Whether all said persons have ever used or have been known by a name other than the name(s) listed. If so, the name or names used and information concerning dates and places used.
d. The street address at which all said persons have lived during the preceding five years.
e. The type, name, and location of every business or occupation in which all said persons have been engaged during the preceding five years and the name(s) and address(es) of employer(s) and partner(s), if any, for the preceding five years.
f. Whether all said persons have ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, furnish information as to the time, place, and offense of all such convictions.
g. The physical description of all said persons.
h. This subdivision, however, will not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it.
(4) For all applicants:
(a) Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit.
(b) Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer, or secondhand dealers license from any other governmental unit.
(c) The location of the business premises.
(d) If the applicant does not own the business premises, a true and complete copy of the executed lease.
(e) The legal description of the premises to be licensed.
(f) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed.
(g) The approved conditional use permit (CUP).
(h) Such other information as the City Council or issuing authority may require.
(B) New manager. When a licensee places a manager(s), proprietor(s), or agent(s), or if the named manager(s), proprietor(s), or agent(s) of a licensed business changes, the licensee must complete and submit the appropriate information, on forms provided by the City Manager or designated official, within 14 days and will pay the investigation fee as set forth in the Appendix to this code. The application must include:
(1) The full legal name, place of birth, date of birth, street resident address, home telephone number, and work telephone number of the manager(s), proprietor(s) or agent(s).
(2) Whether the manager(s), proprietor(s), or agent(s) is a citizen of the United States or resident alien.
(3) Whether the manager(s), proprietor(s) or agent(s) has ever used or has been known by a name other than the name(s) listed as manager(s), proprietor(s), or agent(s). If so, the name or names used and information concerning dates and places used.
(4) The street address at which the manager(s), proprietor(s), or agent(s) has lived during the preceding five years.
(5) The type, name, and location of every business or occupation in which the manager(s), proprietor(s), or agent(s) has been engaged during the preceding five years and the name(s) and address(es) of their employer(s) and partner(s), if any, for the preceding five years.
(6) Whether the manager(s), proprietor(s) or agent(s) has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, furnish information as to the time, place, and offense of all such convictions.
(7) The physical description of the manager(s), proprietor(s), or agent(s).
(C) Investigation. The investigation fee will not be subject to refund or proration. If the expenses of the investigation relating to any application exceed the investigation fee, the city will notify the applicant(s) of this fact and will require the applicant(s) to pay an additional investigation fee which the city deems necessary to complete the city's investigation of the applicant(s). The applicant(s) will pay such an additional investigation fee within five days of being so notified. If such additional investigation fee is not paid within the five day period, the city will discontinue consideration of the application. Nonpayment of any additional investigation fees required will be grounds for denial of application.
(D) Application execution. All applications for a license under this section must be signed and sworn to under oath or affirmation by the applicant. If the application is that of a person, it must be signed and sworn to by such 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.
(E) Investigation. The city, prior to the granting of an initial license, must conduct a preliminary background and financial investigation of the applicant. The Police Department and Finance Division must investigate into the truthfulness of the statements set forth in the application and will verify the findings thereon. The applicant must furnish to the Police Department and Finance Division such evidence as the Police Department and Finance Division may reasonably require in support of the statements set forth in the application.
(F) Public hearing. A license will not be issued or renewed without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by at least ten days published notice specifying the location of the proposed licensed business premises.
(G) Granting of license. After review of the license application, investigation report, and a public hearing, the City Council may grant or refuse the application for a new or renewed pawnbroker license. A license will not be effective unless the application fee and bond have been filed with the License Division.
(H) Persons ineligible for a license. No licenses under this ordinance will be issued to an applicant who is a natural person, a partnership if such applicant has any general partner or managing partner, a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed, if the applicant:
(1) Is a minor at the time that 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, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by M.S. § 364.03, Subd. 3;
(3) Is not of good moral character or repute; or
(4) Has had a pawnbroker license revoked within five years of the license application date.
('72 Code, § 468:30) (Ord. 1997-843, passed 3-24-97; Am. Ord. 2004-1013, passed 5-10-04)