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(A) Applications for pawnbrokers’ licenses shall be made to the City Clerk, and shall state thereon the name of the applicant, the place of business and the number of employees intended to be engaged.
(B) The application shall include:
(1) Application generally. Applications for local pawn broker licenses shall be made to the Clerk on a form prescribed by the Clerk; shall be in writing; shall be signed by the applicant if an individual, or by one of the partners on behalf of all partners if a partnership. by a member or manager of a limited liability company, or by a duly authorized agent if a corporation; and shall be verified by an oath or affidavit. Each application shall specifically identify the applicant and the licensed premises to which a local pawn broker license would be issued. and the filing of an application shall authorize the local Chief of Police or agents to conduct all necessary or appropriate background checks of the applicant and its agents, owners and representatives.
(2) Background information. Each application shall include the following background information:
(a) The name, age, address and social security number of the applicant; in the case of a partnership, all partners and also of the persons entitled to share in the profits thereof; in the case of a corporation or club, the names and addresses of the officers and directors and every person owning or controlling more than 5% of the voting shares of stock or the ownership interest; in the case of a limited liability company, all members and managers;
(b) In the case of an individual, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization. In the case of a corporation, the date and place of incorporation and the objects for which it was formed and proof that it is a corporation in good standing and authorized to conduct business in the state;
(c) The character of business of the applicant;
(d) The length of time that the applicant has been in the business of the character specified in response to division (B)(2)(c) above;
(e) The amount of goods, wares and merchandise on hand at the time application is made;
(f) The location and description of the premises for which a local pawn broker license is sought and the specific name of the business that is to be operated under such local pawn broker license;
(g) The names of each governmental body from which the applicant (and all other persons identified in division (B)(2)(a) above) has received a pawn broker license within ten years immediately prior to the date of the present application; and
(h) A telephone number or numbers at which the licensee or the manager can be contacted 24 hours per day.
(3) Statements required.
(a) For any license or renewal of a license, the applicant shall be required to make statements regarding such applicant and all persons to be identified pursuant to division (B)(2)(a) above. If the applicant is an individual, that individual shall subscribe to all of the statements set out below. If the applicant is a partnership, each partner shall subscribe to all of the statements set out below; provided, however, that if the applicant is organized as a limited partnership, then the statement concerning active involvement provided in division (B)(3)(b)6. below shall be required only of all general partners. If the applicant is a corporation, each director and officer thereof and every person owning or controlling more than 5% of the voting shares or the ownership interest of such corporation shall subscribe to all of the statements set out below. If the applicant is a limited liability company, each member and manager shall subscribe to all of the statements set out below.
(b) If the business for which a local pawn brokers license is sought will be managed by a manager or agent, every such manager or agent shall subscribe to all of the statements set out below. The submission of false information in regarding the following statements shall be grounds for denial, revocation or non-renewal of a pawn broker license:
1. A statement as to whether or not the applicant has a current, valid state pawn broker license for the premises covered by the application (with a copy of such state license included as part of the application);
2. A statement as to whether or not the applicant has ever been convicted of a felony under any federal or state law;
3. A statement as to whether or not the applicant has ever been convicted of a violation of any federal or state law or local ordinance concerning fraud or has ever forfeited his or her bond to appear in court to answer charges for any such violation;
4. A statement as to whether the applicant has ever been convicted of a gambling offense as proscribed by any state or federal law or regulation or has ever forfeited his or her bond to appear in court to answer charges for any such violation;
5. A statement whether the applicant has made similar application for a similar license for a premises other than described in the application, and the disposition of such application;
6. A statement as to whether or not the applicant has had revoked any pawn broker license issued under state or federal law or under the ordinances of any municipality within ten years immediately prior to the date of the present application;
7. A statement as to whether or not the applicant has had suspended more than once any pawn broker license issued under state or federal law or under the ordinances of any municipality within one year immediately prior to the present application;
8. A statement as to whether or not the applicant is a city employee or a law enforcing official of the city or any other government or government agency;
9. A statement as to whether or not the applicant has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period;
10. A statement as to whether or not a federal gaming device stamp has been issued for the current taxable year with respect to the premises for which the local pawn license is sought:
11. A statement as to whether or not the premises for which a local pawn license is sought comprises a store or other place of business where the majority of customers are under the age of 21 years or where the principal business transacted consists of the sale of school books, school supplies, food, lunches or drinks for such customers;
12. A statement as to whether or not the premises for which a license is sought is within 100 feet of any church building used for worship or educational purposes, school (other than an institution of higher learning), hospital, senior citizen housing, daycare center, nursing or personal care facility or any military or naval station;
13. A statement as to whether or not the applicant is a permanent resident of the city; or
for any applicant that is partnership, all of the general partners of the partnership are residents of the city;
14. A statement as to whether or not the applicant beneficially owns the premises for which a license is sought or has a lease thereon for the full period for which the license is to be issued;
15. A statement as to whether or not the applicant is the beneficial owner of the business to be licensed;
16. A statement as to whether or not the applicant will be personally and actively involved in the operation of the business to be licensed;
17. A statement as to whether or not the business is or will be managed by a manager or agent;
18. A statement as to the nature of the business and the amount of anticipated pawn sales as a percentage of gross annual sales of the business;
19. A statement that the applicant is not disqualified from receiving a license by reason of any matter or item contained in the laws of the state, this chapter or any other code or ordinance of the city;
20. A statement that the applicant will not violate any federal or state laws, this chapter or any other code or ordinance of the city in the conduct of the applicant's business;
21. If the applicant is a foreign corporation, a statement as to whether or not it is qualified under the State Business Corporations Act of 1983, 805 ILCS 5/1.01 et seq., to transact business in the state;
22. If the business to be operated pursuant to the local pawn license is operating under an assumed name, a statement that the applicant has complied with the state assumed business name act and other applicable laws; and
23. Such other statements or information as may be necessary to demonstrate that the applicant, the applicant's business and the premises from which such business will be conducted satisfy all conditions and requirements applicable to the local pawn license being sought.
(C) The Chief of Police or any other officer designated by the Mayor or by the City Council shall investigate each applicant for such license, and shall report back whether or not such applicant is a person of good character; no license shall be issued to any but a person of good character, nor shall such license be issued to a person who has been convicted of the offense of receiving stolen goods or of burglary or robbery.
(Prior Code, § 28-12)
(D) Examination of applicant. At any time during the pendency of an application, the Chief of Police shall have the right to compel the applicant to submit to any examination and to produce any books and records which, in the judgment of the Chief of Police, are material to the determination of whether the applicant and the applicant's business are qualified to receive a local pawn license or whether the premises sought to be licensed is suitable for such purposes. The Chief of Police shall also have the right to require the applicant to answer any charges made in any objection to the issuance of the license. The failure of any applicant to appear at the time and place fixed by the Chief of Police for his or her examination or to produce books and records requested. unless for good cause shown, shall be deemed to be admission that the applicant is not qualified to receive a local pawn broker license and a request to withdraw the application.
(E) Investigation and disclosure of information contained in application; waiver of claims. By applying for, or providing information in support of an application for, a local pawn broker license, every person so applying or providing information thereby:
(1) Authorizes any person to disclose, and the city to investigate, all information pertaining to such application;
(2) Waives any and all claims against the city; and
(3) Agrees to indemnify and hold harmless the city and its elected and appointed officials, officers, boards, Chiefs of Police, attorneys, employees, agents and representatives from any and all claims resulting from, or arising out of, or alleged to result from or arise out of the processing of such application and any investigation related thereto. Each such person shall consent to and sign any written authorization, waiver and indemnification agreement as the city may require in connection with the processing of such application and any investigation related thereto, but no such separate authorization, waiver, or indemnification shall be required to make effective the terms of this division (E).
(F) Denial or issuance of license. If after review of an application and all relevant facts, the Chief of Police determines that the application should be denied, the Chief of Police shall notify the applicant within a reasonable time, in writing, stating the reasons for the denial, but otherwise shall issue the local pawn license as soon as all fees required by this chapter have been paid and all other requirements of this chapter have been satisfied.
(G) Supplemental information following issuance. Any change in information provided on, or in connection with, any application for a pawn license that does or might affect the right of any licensee to continue to hold a local pawn license shall be reported in writing to the Chief of Police within ten days after the change. All such changes shall be subject to review and approval by the Chief of Police in the same manner as the original application. When any such change affects the ownership of any partnership licensee or any director, officer, manager or person owning or controlling more than 5% of the shares of any corporate licensee, all such persons that have not previously submitted information pursuant to the application process shall, within ten days after such change, submit all information required of a new applicant.
(H) Waiver of application requirements. The City Manager may, in consultation with the Chief of Police, waive some or all of the license application requirements set forth in this chapter provided that the City Manager determines that such waived portion of the application requirements will not impact the public health, safety, or welfare. Grounds for such waiver may include without limitation evidence of a pawn license having been previously approved or substantial identity between a current pawn license holder and an applicant for another pawn license.
(Ord. 2016-60, passed 11-7-2016)