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§ 123.02 RESERVED.
 
§ 123.03 LICENSE REQUIRED.
   (A)   Except as provided in subsection (F) of this section, it shall be unlawful for any pawnbroker, secondhand dealer, or secondary metals recycler to engage in business within Louisville/Jefferson County except when licensed by the Department of Codes and Regulations under this section and in compliance with the provisions of this chapter.
   (B)   Before commencing business within Louisville/Jefferson County, each business required to be licensed under this section shall make application in writing and under oath to the Department of Codes and Regulations and shall pay the required license fees.
   (C)   Businesses licensed under this section shall be required to maintain a separate license for each business location.
   (D)   The Director of the Department of Codes and Regulations may set and enforce rules and regulations deemed necessary for the orderly and complete administration of this chapter which are not inconsistent with any of the provisions of this chapter. A copy of the administrative regulations as promulgated by the Director of the Department of Codes and Regulations shall be available for public inspection in the offices of the Department of Codes and Regulations.
   (E)   The Director of the Department of Codes and Regulations is authorized to establish and promulgate a reasonable schedule and classifications of fees for licenses and permits as shall be issued pursuant to this chapter.
   (F)   The license requirements of this chapter shall not be construed to apply to the following:
      (1)   Upon producing proof of certification of registration with the Department of Professional Licensing of the Public Protection Cabinet, Secondary metals recyclers certified under the provisions of KRS 433.902 shall be exempt from the requirement to obtain a license with the Department of Codes and Regulations.
      (2)   No license is required for those persons operating yard sales, garage sales, or other similar types of activities from their own residentially zoned property, or from property on which they legally reside or from property owned by a charitable organization. These activities must be temporary in nature and must comply with all Louisville Metro ordinance provisions and Land Development Code provisions. (See Land Development Code Section 4.4.4 Garage Sales)
      (3)   No license is required for any member or members of a religious, charitable, health, welfare, educational, political or youth service organization, who is acting as a peddler by selling or offering to sell goods or services, including secondhand goods, to raise funds for the work of such organization and for no other purpose. The Director of the Department of Codes and Regulations may require any organization or individual claiming exemption to appear and present evidence in support of said membership and purpose.
(Lou. Metro Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 230-2013, approved 12-16-13; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 123.99
§ 123.04 LICENSE APPLICATION.
   (A)   Any person, firm, or corporation required to secure a license under § 123.03 shall make written application, under oath, on a form provided by the Department of Codes and Regulations. Such application shall contain at least the following information:
      (1)   The name and permanent home address and telephone number and full local address and telephone number of the applicant.
      (2)   If not self-employed, the name, address and telephone number of the employer or parent organization the applicant is representing and copies of credentials or documents verifying that relationship.
      (3)   The nature or character of the goods, wares, merchandise or services to be offered by the applicant.
      (4)   The place or places where the applicant proposes to engage in business.
      (5)   A listing of all criminal convictions pertaining to theft, stolen property, or other pecuniary crimes of the applicant for the past five years.
      (6)   A statement of whether applicant has previously been denied a license under this chapter or if applicant has had previous license suspended or revoked and, if so, the reasons or the circumstances surrounding the denial, suspension or revocation.
      (7)   Applicant must provide proof of his or her tax identification number from the Metro Revenue Commission.
   (B)   Each applicant shall be required to complete the entire application form and abide by any request for information made by the Department of Codes and Regulations under this chapter. The failure to complete the form and provide all requested information may result in denial of the license.
   (C)   It shall be unlawful for any individual to intentionally provide false information or to intentionally omit requested information on an application for any license or permit governed by this chapter.
   (D)   Unless otherwise exempted, all applications shall be accompanied with the required fee(s) as specified in the schedule of fees established by the Director of the Department of Codes and Regulations.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)
§ 123.05 LICENSE APPLICATION REVIEW AND GENERAL STANDARDS.
   (A)   License application review:
      (1)   Upon receipt of such license application, the Director of Department of Codes and Regulations shall refer the application to the Louisville/Jefferson County Metro Revenue Commission for its certification that applicant is in compliance with the occupational license tax registration and filing requirements.
      (2)   The Director of the Department of Codes and Regulations has the authority to deny or revoke any license if there is:
         (a)   A history of criminal convictions provided pursuant to LMCO § 123.04(A)(5) demonstrating a proclivity toward crimes of a pecuniary nature;
         (b)   The discovery of any legitimate reason that the applicant presents a risk to citizens if permitted to engage in activities as a pawnbroker or secondhand dealer; or
         (c)   Any nonpayment of any civil penalties for previous violations of this chapter.
   (B)   General standards for licenses:
      (1)   No license shall be transferable nor shall such license authorize the activities licensed by any person other than the person to whom it is issued.
      (2)   Every person to whom a license is issued shall conform at all times with all applicable Louisville Metro Governmental requirements, including without limitation, public health and safety ordinances and regulations; local zoning codes and regulations; local occupational license tax ordinances and regulations; and any other applicable regulation or code provisions.
      (3)   Every person to whom a license is issued shall at all times while engaged in business have the applicable license in their possession or in a conspicuous place within the licensee's business location and shall produce the same at the request of any Louisville Metro official or at the request of any individual to whom the licensee is exhibiting his or her goods or selling or attempting to sell same.
      (4)   Licenses issued under this chapter shall be valid for the time period specified thereon. Renewal shall be required upon expiration of said license if the applicant wishes to continue such activity.
      (5)   Issuance of a license under this chapter shall not excuse any license holder from compliance with any other applicable ordinance or law.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019)
§ 123.06 LICENSE REVOCATION OR SUSPENSION.
   (A)   A license issued pursuant to this chapter may be suspended or revoked by the Director of the Department of Codes and Regulation subject to appeal pursuant to LMCO § 32.286. A license may be suspended or revoked for the following reasons:
      (1)   Fraud, misrepresentation or false statement contained in the application for a license.
      (2)   Fraud, misrepresentation or false statement made in connection with the business of acting as a pawnbroker or secondhand dealer.
      (3)   The applicant is a fugitive or has been convicted of a crime in the nature of business or commercial fraud, extortion, or receiving stolen property within the last three years.
      (4)   Any facts of conditions which would justify the denial of the original application.
      (5)   Conducting the business of a pawnbroker, secondhand dealer, or secondary metals recycler under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
   (B)   This section shall be self-executing and the suspension or revocation shall be effective immediately. The Director of the Department of Codes and Regulation shall give notice of the suspension or revocation of the license and sufficient notice shall be given if either hand-delivered or mailed to the licensee at his/her local address as listed on the licensee's application.
   (C)   It is unlawful for any person whose license has been suspended or revoked to continue in the business of a pawnbroker, secondhand dealer, or secondary metals recycler, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the Director of the Department of Codes and Regulations or his/her designee.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)
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