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(a) A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense for each and every violation relating to an extension of consumer credit, and for each day during which a violation is committed, permitted, or continued.
(b) An offense under this chapter is punishable as provided in § 1-6 of this Code.
(c) A culpable mental state is not required for the commission of an offense under this article and need not be proved.
(d) The penalties provided for in Subsection (b) are in addition to any other remedies that the city may have under city ordinances and state law.
(Ord. 23991-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
It is a defense to prosecution under this article that at the time of the alleged offense the person was not required to be licensed by the state as a credit access business under Tex. Finance Code, Chapter 393, Subchapter G.
(Ord. 23991-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
A person commits an offense if the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business.
(Ord. 23991-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
(a) To obtain a certificate of registration for a credit access business, a person must submit an application on a form provided for that purpose to the director. The application must contain the following:
(1) The name, street address, mailing address, facsimile number, and telephone number of the applicant.
(2) The business or trade name, street address, mailing address, facsimile number, and telephone number of the credit access business.
(3) The names, street addresses, mailing addresses, and telephone numbers of all owners of the credit access business, and the nature and extent of each person's interest in the credit access business.
(4) A copy of a current, valid state license held by the credit access business pursuant to Tex. Finance Code, Chapter 393, Subchapter G.
(5) A copy of a current, valid certificate of occupancy showing that the credit access business is in compliance with the Fort Worth Building Code.
(6) A non-refundable application fee for the amount established.
(b) An applicant or registrant shall notify the director within 45 days after any material change in the information contained in the application for a certificate of registration, including, but not limited to, any change of address and any change in the status of the state license held by the applicant or registrant.
(Ord. 23991-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
(a) The director shall issue to the applicant a certificate of registration upon receiving a completed application under § 20-455.
(b) A certificate of registration issued under this section must be conspicuously displayed to the public in the credit access business. The certificate of registration must be presented upon request to the director or any peace officer for examination.
(Ord. 23991-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
(a) A certificate of registration expires on the earliest of:
(1) One year after the date of issuance; or
(2) The date of revocation, suspension, surrender, expiration without renewal, or other termination of the registrant's state license.
(b) A certificate of registration may be renewed by making application in accordance with § 20-455. A registrant shall apply for renewal at least 30 days before the expiration of the registration.
(Ord. 23991-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
(a) A credit access business shall maintain a complete set of records of all extensions of consumer credit arranged or obtained by the credit access business, which must include the following information:
(1) The name and address of the consumer;
(2) The principal amount of cash actually advanced;
(3) The length of the extension of consumer credit, including the number of installments and renewals;
(4) The fees charged by the credit access business to arrange or obtain an extension of consumer credit; and
(5) The documentation used to establish a consumer's income under § 20-460 of this article.
(b) A credit access business shall maintain a copy of each written agreement between the credit access business and a consumer evidencing an extension of a consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer).
(c) A credit access business shall maintain copies of all quarterly reports filed with the Texas Consumer Credit Commissioner under Tex. Finance Code, § 393.627.
(d) The records required to be maintained by a credit access business under this section must be retained for at least three years and made available for inspection by the city upon request during the usual and customary business hours of the credit access business.
(Ord. 23991-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
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