§ 111.09 INELIGIBILITY FOR LICENSE.

   The following shall be grounds for denying a license or registration under this subchapter:

   (A)   The failure of the applicant to obtain and show proof of having obtained any required license;

   (B)   The failure of the applicant to truthfully provide any of the information requested by the city as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of application;

   (C)   The conviction of the applicant for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person’s ability to conduct the business for which the license is being sought in an honest and legal manner that will not adversely affect the health, safety, and welfare of the residents of the city. Such violations shall include, but not be limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person; or

   (D)   The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant.

§ 111.10 PROHIBITED ACTIVITIES.

   No peddler, solicitor, or transient merchant shall conduct business in any of the following manners:

   (A)   Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right-of-way;

   (B)   Conducting business in such a way as to create a threat to the health, safety, or welfare of any individual or the general public;

   (C)   Failing to provide proof of license or registration and identification when requested or using the license or registration of another person;

   (D)   Failing to display the certificate of registration or licensure provided by the city;

   (E)   Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person;

   (F)   Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive;

   (G)   Entering upon any premises or attempting to enter in or upon any premises wherein a sign or placard bearing the notice “peddlers or solicitors prohibited” or language similar thereto, is located;

   (H)   Selling or soliciting sales by transient merchants from public property or right-of-way or from private property unless he or she owns the property or has written permission from the owner; and

   (I)   Entering upon any residential premises for the purpose of carrying on the licensee’s or registrant’s trade or business between the hours of 7:00 p.m. and 12:00 p.m. of the following day, unless such person has been invited to do so by the owner or occupant thereof.

§ 111.11 IDENTIFICATION REQUIRED.

   All solicitors, peddlers, and transient merchants must carry their city issued license or registration certificate when conducting the business or activity required to be licensed or registered under this subchapter and photo identification.

§ 111.12 SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION.

   (A)   Grounds. Any license or registration issued under this subchapter may be suspended or revoked at the discretion of the city for violation of any of the following:

      (1)   Fraud, misrepresentation, or incorrect statements on the application form;

      (2)   Fraud, misrepresentation, or false statements made during the course of the license activity;

      (3)   Conviction of any offense for which granting of a license could have been denied under this subchapter;

      (4)   Violation of any provision of this subchapter; or

      (5)   Conducting the business 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)   Notice required. Prior to revoking or suspending any license or registration issued under this subchapter, the city shall provide the license holder or registrant with written notice of the alleged violation(s) and inform the licensee of the licensee’s right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application or registration, or if no residential address is listed, the business address provided on the license application or registration.

   (C)   Hearing. Upon receiving the notice provided in division (B) above, the licensee or registrant shall have the right to request a hearing. If no request for a hearing is received by the city within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request. Within three regular business days of the hearing, the city shall notify the licensee of its decision.

   (D)   Emergency suspension. If, in the discretion of the city, imminent harm to the health or safety of the public may occur because of the actions of a peddler, solicitor, or transient merchant licensed or registered under this subchapter, the city may immediately suspend the person’s license or registration and provide notice of the right to hold a subsequent hearing as prescribed in division (B) above.

   (E)   Right to appeal. Any person whose license or registration is suspended or revoked under this section shall have the right to appeal that decision in court.

§ 111.13 MISDEMEANOR VIOLATION; ADMINISTRATIVE ENFORCEMENT.

   Violation of any provision of this chapter shall be a misdemeanor or a code violation subject to administrative enforcement.

(Prior Code § 7-10-12)

§ 111.14 SEVERABILITY.

   If any provision of this subchapter is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

PAWN SHOPS

§ 111.25 PURPOSE.

   (A)   The City Council finds that use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The City Council further finds that the pawn industry has outgrown the city’s current ability to effectively or efficiently identify criminal activity related to pawn shops. The purpose of this subchapter is to prevent pawn businesses from being used as facilities for the commission of crimes, and to assure that the businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city.

   (B)   To help local law enforcement better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this subchapter also implements and establishes the required use of reporting to the system or systems as identified by the Wright County Sheriff’s Office.

(Prior Code, § 3-15-1) (Ord. 738, passed 2-24-2020)

§ 111.26 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BILLABLE TRANSACTION. Every reportable transaction conducted by a pawnbroker except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee’s possession is a billable transaction.

   PAWNBROKER. A person, partnership, or corporation who lends money on the security of pledged goods (items that are “left in pawn”), and/or purchases goods on the condition that they may be redeemed or repurchased by the seller for a fixed price, within a fixed period of time. To the extent that a PAWNBROKER’S business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this subchapter shall be applicable.

   REPORTABLE TRANSACTION. Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment, or trade; or in which a pawn is renewed, extended, or redeemed; or for which a unique transaction number or identifier is generated by their point-of-sale software, is reportable except:

      (1)   The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of the merchandise, provided the pawnbroker must maintain a record of the purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record; and

      (2)   Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired.

(Prior Code, § 3-15-2) (Ord. 542, passed 1-9-2012)