(A) The fee required for a license defined under this chapter shall be established by resolution as may be adopted by the City Council.
(B) The billable transaction fee shall reflect the cost of processing transactions as determined by the Director of the Department of Safety and Inspections (hereafter, in this chapter, “Director”) and the Chief of Police (hereafter, in this chapter, “Chief”) or their designees. These fees shall be established by resolution adopted by the City Council. The billable transaction fee shall be required of all licensees as defined under this chapter except:
(1) If a licensee is unable to successfully transfer the required reports via modem, the licensee must provide the Police Department printed copies of all reportable transactions along with the videotape(s) for that date, by 12:00 noon the next business day, and must be charged for billable transactions at a rate to be determined by the automated property system (hereafter, in this chapter, “APS”) for manual processing.
(2) If the problem is determined to be in the licensee’s system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in § 116.05(A), and may do so for up to ten consecutive days without penalty. However, after the tenth day, if the licensee still cannot report via modem, the licensee may, at the discretion of the Director and the Chief, be fined $100 per day not to exceed 20 days. If the licensee cannot report via modem after 30 days from the first date of failure, the license may be revoked.
(3) If the problem is determined to be outside the licensee’s system, the licensee must provide the required reports as detailed in § 116.05(A), and will be charged for billable transactions until the error is corrected. If the regulatory agency is unable to collect the required data via modem, no additional charges will be assessed against the pawnbroker.
(4) The licensee who has consistently reported via modem, and is unable to capture, digitize, or transmit the photographs as required under § 116.05, must immediately take all required photographs with a still camera, immediately develop the pictures, cross reference the photographs to the correct transaction, and deliver them to the Police Department by 12:00 noon on the next business day. Such failures shall follow the same time lines and presume the same penalties as identified in § 116.03.
(5) The Director, in conjunction with the Chief, upon presentation of extenuating circumstances, may extend the grace period for a qualifying licensee beyond ten days or may extend the penalty beyond 20 days, notwithstanding other provisions as outlined in § 116.03.
(C) Licensees shall be notified in writing at least 30 days before any fee adjustment is implemented. Billable transaction fees shall be billed monthly and are due and payable within 30 days. Failure to do so is a violation of this chapter and may result in the following actions:
(1) Fees due past 30 days may result in up to a $250 fine.
(2) Fees due past 60 days may result in up to a $500 fine.
(3) Fees due past 90 days may result in a license suspension.
(4) Fees due past 120 days may result in a license revocation.
(5) Any and all adverse actions taken against licensees and their licenses as defined in this chapter shall be ordered by the City Council and implemented by the Department of Safety and Inspections. All judgments made by the City Council shall be final.
(D) Any applicant for a new license under this chapter shall be required to deposit a fee established by resolution adopted by the City Council at the time of original application. Such deposit shall be used to cover the cost of application verification and any additional expense associated with investigations performed to assure compliance with this chapter. If, however, the costs of investigations exceed the original deposit, the Department of Safety and Inspections may recover the actual investigation costs not to exceed $10,000.
(Ord. 181, passed 3-20-2017)