(A) License term and posting of license. A pawnbroker, itinerant dealer or secondhand dealer must apply for and obtain a dealer’s annual license prior to being engaged in or conducting business as a dealer. Such license shall be posted conspicuously in each place of business named therein.
(B) Application. To obtain a dealer’s license a dealer shall file a written, sworn application to the City Clerk on a form provided by the City Clerk signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation. No person other than the owner of the establishment at which the activities permitted by the license are intended to occur shall apply for any dealer’s license. Subterfuge or use of alternative applicants for the purpose of seeking a license under this section shall be grounds for denial or revocation. The application must provide information indicating, at minimum, the following:
(1) The name or names of the principals, agents, and employees of the applicant’s business during the time that it is proposed that such business will be carried on in the City of Clinton; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (as proprietor, agent, employee or otherwise); the name and the address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state it is incorporated;
(2) The place or places in the City of Clinton where it is proposed to carry on the applicant’s business, and the length of time during which it is proposed that said business shall be conducted;
(3) The place or places, other than the permanent place of business of the applicant, where the applicant within the six months next preceding the date of said application conducted an itinerant business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
(4) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers; and
(5) Credentials from the person, firm or corporation for which the applicant proposed to do business, authorizing the applicant to act as such representative.
(C) Fee requirement. Every application for a dealer’s annual license shall be accompanied by the application fee. The fee for a dealer’s annual license shall be in such amount as is set by the City Council.
(D) Issuance.
(1) Upon receipt of an application for a dealer’s license, the City Clerk shall notify the Clinton Chief of Police or Chief’s designee who shall cause such investigation of the applicant as the Chief deems necessary for the public good, and may recommend issuance or refusal of a dealer’s license. The Police Department shall investigate each applicant for such a license, as well as the list of all persons employed, or intended to be employed, by the applicant and all co-owners and business partners, and no license shall be issued to any applicant who has been convicted of the offense of receiving stolen goods, burglary or robbery, or to a person who has been convicted of a financial crime more serious than a simple misdemeanor, or to a person who has been convicted of any felony, nor shall any license be issued to any applicant whose employees, co-owners or business partners have been convicted of the offense of receiving stolen goods, burglary or robbery, or convicted of a financial crime more serious than a simple misdemeanor, or convicted of any felony. However, the prohibition against applicants who are felons or against employees, partners, or other persons involved in the business who are felons obtaining a license shall not apply to a felon whose citizenship rights, including the right to possess firearms, have been fully restored by the Governor. The BNS Director, or his/her designee, shall also review and approve the application to ensure compliance with applicable zoning requirements.
(2) Within ten days of the filing of an application, the City Clerk shall issue a dealer’s license or refuse to do so for reasons including but not limited to the following:
(a) Fraud, misrepresentation or false statement of material or relevant facts contained in the application;
(b) That the applicant has engaged in a fraudulent transaction or enterprise; or (iii) that the applicant has engaged in a pattern of criminal activity;
(c) Additionally, no dealer’s license shall be issued to any applicant who has been convicted of nuisance or other violation of city ordinances within the previous three years which pertain to the operation of any dealer’s business, or to any applicant whose co-owners, employees, or business partners have been convicted of nuisance or other violation of city ordinances within the previous three years which pertain to the operation of any dealer’s business, unless the City Administrator or designee specifically finds that: (1) the nuisance or other violation of the code has been completely rectified; that (2) the applicant as well as the applicant’s co-owners, employees or business partners have taken steps in good faith to ensure the conditions abated are unlikely to recur; and (3) no other violations of the code of ordinances are pending against the applicant or any of the applicant’s co-owners, employees or business partners.
(E) Appeal.
(1) If the City Clerk denies an application for a dealer’s license, the City Clerk shall mail to the applicant, by regular mail to the address on file for the applicant or by hand-delivery or by email to the email address on file for the applicant, from the City Clerk or designee setting forth the specific justification under this section for the denial of the license.
(2) An appeal from the decision of the City Clerk may be made in writing to the City Administrator, or Administrator’s designee, within ten days of the receipt of the decision. The written appeal shall state the specific grounds for the appeal. The City Administrator, or Administrator’s designee, shall hold a hearing within a reasonable time from the receipt of the appeal. At the hearing, the applicant or license holder may be represented by counsel, may cross-examine witnesses and may present evidence in his or her favor. The City Administrator, or Administrator’s designee, may grant or deny the appeal. That decision shall be final.
(F) Expiration. A dealer’s license shall expire on December 31 of the year in which it is issued. If a dealer’s business is discontinued, moved, or sold within one year after issuance, the dealer’s license expires and a new license must be obtained before the dealer’s business is recommenced. The dealer’s annual license is a personal privilege and shall not be transferable, nor shall there be a partial refund of the application fee where the license holder discontinues his business prior to December 31 of the year in which the license was issued.
(G) Revocation. Any dealer’s license may be revoked by the City Administrator, or Administrator’s designee after notice and hearing if it is found that the dealer has knowingly violated any provision of this Chapter. The City Administrator shall mail to the license holder, by certified mail, a written notice of the hearing 20 days before the hearing date. The notice shall set forth the grounds of the proposed revocation and the time and place of the hearing. At the hearing the license holder may be represented by counsel, may cross-examine witnesses, and present evidence in his or her favor. The decision of the City Administrator, or Administrator’s designee, shall be final.
(H) Itinerant dealer registration. Itinerant dealers must register with the City of Clinton Police Department before engaging in or conducting business each time that such dealer is in the City of Clinton to conduct business.
(Ord. 2617, passed 7-23-2019)