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§ 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)
PAWNBROKERS
§ 123.07 BOND REQUIRED.
   Every person to whom a Metro Government license is granted to carry on the business of a pawnbroker shall annually enter into bond to Metro Government, with good and sufficient surety, to be approved by the Metro Council, in the penal sum of $1,000. The bond shall be conditioned that he or she will observe the provisions of KRS 226.030 to KRS 226.050 and the ordinances and laws in force in the Metro Government not inconsistent with KRS 226.030 to 226.050.
(KRS 226.020) (1994 Jeff. Code, § 123.02) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019) Penalty, see § 123.99
§ 123.08 ARTICLES NOT TO BE RECEIVED FROM MINORS; HOURS.
   No pawnbroker shall receive, by way of pledge or pawn, any article whatever from a minor at any time, nor from any person between 8:00 p.m. and 7:00 a.m.
(KRS 226.030) (1994 Jeff. Code, § 123.03) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019) Penalty, see § 123.99
§ 123.09 REGISTER OF LOANS AND PURCHASES.
   (A)   Every pawnbroker shall keep a register of all loans and purchases of all articles by the pawnbroker from the general public. The register shall:
      (1)   Be reported to an online, Internet-based transaction recording service designated by the Louisville Metro Police Department and accessible to law enforcement agencies by 11:00 a.m. the following day;
      (2)   Show the dates and the amounts of all loans or purchases by the pawnbroker from the general public, and the names and:
         (a)   A driver’s license number;
         (b)   Another state or federally issued picture identification card number; or
         (c)   If the identification specified in subparagraphs (1) or (2) of this paragraph is not available, a Social Security number may be accepted of all persons who have left any property that has been pawned or sold.
      (3)   At all times be available to the inspection of any law enforcement officer of this state when in the discharge of his or her official duty; and
      (4)   Contain a full description of all property purchased by the pawnbroker from the general public or received on deposit as collateral or security. Pawnbrokers shall digitally photograph all property pawned, sold, traded, or cosigned regardless of the lack of a law enforcement investigation. In the photographs, each item must be separate and distinguishable from any other item. For purposes of this paragraph, “full description” includes but is not limited to:
         (a)   Make;
         (b)   Model;
         (c)   Serial Number;
         (d)   Color;
         (e)   Size;
         (f)   Manufacturer;
         (g)   Vintage; and
         (h)   Distinguishing marks or characteristics.
   (B)   When secondhand merchandise is sold to a pawnbroker, the merchandise shall be held for the minimum of 12 days before being resold.
   (C)   Prior to the release of property to a representative of law enforcement, the law enforcement representative shall provide to the pawnbroker a case report or other documentation that the item has been reported as stolen.
(KRS 226.040) (1994 Jeff. Code, § 123.04) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019) Penalty, see § 123.99
§ 123.10 LOAN TICKETS; RECEIPTS OF ARTICLES.
   Every pawnbroker shall give a plain written or printed ticket for the loan to the person negotiating or selling, and a plain written or printed receipt of the articles that have been purchased, or upon which money is loaned, having on each a copy of the entries required by § 123.09 to be kept in his or her register. He or she shall not make any charge for the ticket or receipt. The loan ticket shall contain a legible fingerprint of each person pawning or selling any goods or articles. The fingerprint shall be taken from the right index finger or, if the right index finger is missing, from the left index finger.
(KRS 226.050(1)) (1994 Jeff. Code, § 123.05) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Metro Am. Ord. No. 154-2014, approved 10-1-2014; 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
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