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At the time of filing an application for a license, the applicant shall file a bond in the amount of $5,000 with the City Administrator. The City Attorney thereon, must approve the bond, with a duly licensed surety company as surety as to form. The bond must be conditioned that the licensee shall observe the ordinances of the city, in relation to the business of pawnbroker, and all laws in relation to the business of pawnbroker, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which may have come into the principal’s hand through the principal’s business as a pawnbroker or in lieu thereof will pay the reasonable value in money to the person. The bond shall contain a provision that no bond may be cancelled, except upon 30 days’ written notice to the city, which shall be served upon the licensing authority.
(2004 Code, § 120.20) (Ord. 95-162, passed 2-27-1996; Ord. 06-0442, passed 8-8-2006)
(A) No license shall be issued until the Police Department has conducted an investigation of the representations set forth in the application, the applicant’s moral character and the applicant’s financial status. All applicants must cooperate with this investigation.
(B) No license shall be issued until the Council has held a public hearing in the manner as the Council may direct. At the public hearing, all persons interested in the matter shall be heard, and the hearing may be adjourned from time to time. No hearing shall be required for a renewal of a license, but the Council may, in its sole discretion, hold a hearing.
(C) After investigation and hearing, the Council shall, in its discretion, grant or deny the application.
(D) Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the Council in the same manner as an application for a new license. Transfer of 25% or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior Council approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining Council approval shall be a separate violation of this chapter.
(E) Any application for a license may be considered by the City Council at the same time an applicant is requesting any land use approvals needed for the site, including site plan review, rezoning or an amendment to the Comprehensive Guide Plan. Final approval of a license shall not be granted until the City Council has given at least preliminary approval to any necessary land use request. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises.
(F) In the case of the death of a licensee, the personal representative of a licensee may continue operation of the business for not more than 180 days after the licensee’s death.
(2004 Code, § 120.21) (Ord. 95-162, passed 2-27-1996; Ord. 06-0442, passed 8-8-2006)
Any license under this chapter may be denied, suspended or revoked for one or more of the following reasons.
(A) Delinquent taxes. The City Council may suspend or revoke a license issued under this chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent or unpaid. If an action has been commenced pursuant to the provisions of M.S. Ch. 278, as it may be amended from time to time, questioning the amount of validity of taxes, the Council may on application by the licensee waive strict compliance with the provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless the one-year period is extended through no fault of the licensee.
(B) Violations. The Council may either suspend for up to 60 days or revoke any license or impose a civil fine not to exceed $2,000 for each violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. §§ 14.57 through 14.69, as it may be amended from time to time. Any conviction by the licensee for theft, burglary, robbery, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder.
(C) The proposed use does not comply with the applicable zoning code.
(D) The proposed use does not comply with any health, building, building maintenance or other provisions of this code of ordinances or state law.
(E) The applicant or licensee has failed to comply with one or more provisions of this chapter.
(F) The applicant is not a citizen of the United States or a resident alien or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information.
(G) Fraud, misrepresentation or bribery in securing or renewing a license.
(H) Fraud, misrepresentation or false statements made in application and investigation for, or in the course of, the applicant’s business.
(I) Violation within preceding five years of any law relating to the theft, damage or trespass to property, sale of controlled substances or operation of a business.
(J) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter.
(2004 Code, § 120.22) (Ord. 95-162, passed 2-27-1996; Ord. 06-0442, passed 8-8-2006)
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