In addition to the provisions of the Pawnbrokers Regulations, the following requirements must be met:
(A) No person shall engage in or carry on the business of pawnbroker or secondhand goods dealer without a license issued therefore by the city for each and every separate office or place of business operated by the licensee within the corporate limits of the city.
(B) The annual fee for a pawnbroker’s license shall be the sum of $10,000, and each license shall expire on December 31 of the year of issuance. After the initial year, each license shall commence on January 1 of each year and terminate on December 31 of the year of issuance.
(C) The annual license fee shall be paid in full before the application for a license is accepted. In the event the initial license is for less than a full year, the annual license fee shall be prorated on a monthly basis, or any part thereof exceeding 15 days. In the event a license is terminated during the license year, there shall be no refunding of the unused portion of the license fee.
(D) In the event an application for a pawnbroker’s license is not issued for any reason, including a background investigation of the applicants as hereinafter provided, the license fee shall be refunded, less the sum of $250 for the investigation. Together with and in addition to the license fee above provided, a $500 fee for a background check, as provided by § 116.05, shall accompany all applications.
(E) A license under this section shall authorize the licensee to carry on a pawnbroker’s business only at the permanent place of business designated in the license. No license may be transferred to a different location or to a different licensee without approval of the city. Any change, directly or beneficially, in the ownership of any licensee or licensed business location shall require the application for a new license, and the new owner must meet all the qualifications and eligibility requirements hereunder, and any fees required hereunder shall be paid.
(F) Any and all property or buildings used for storage of items related to the business of a pawnbroker must be identified in the application.
(G) A pawnbroker may not operate or engage in the business of a secondhand goods dealer without having obtained a separate license therefore in addition to a pawnbroker’s license, and a secondhand goods dealer may not conduct, operate or engage in the business of pawnbroker without having first obtained a pawnbroker’s license. The procedures and fees for obtaining a secondhand goods dealer’s license shall be the same as for a pawnbroker’s license.
(H) The aforementioned license requirements do not apply to or include the following:
(1) The sale of secondhand goods where all of the following conditions are present:
(a) The sale is held on property occupied as a dwelling by the seller, or owned, rented or leased by a charitable or political organization;
(b) The items offered for sale are owned by the occupant;
(c) The sale does not exceed a period of 72 consecutive hours;
(d) Not more than two sales are held either by the same person or on the same property in any 12-month period; and
(e) None of the items offered for sale have been purchased for resale or received on consignment for purpose of resale.
(2) Sales by a person licensed as a motor vehicle dealer;
(3) The sales of secondhand books, magazines, sound or video recordings or films;
(4) The sale of goods at an auction held by a licensed auctioneer;
(5) The business of buying or selling only those secondhand goods taken as part or full payment for new goods, and where the business is incidental to and not the primary business of a person;
(6) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock;
(7) Goods sold at a public market;
(8) Goods sold at an exhibition;
(9) The sale of furniture, children toys, kitchen appliances, clothing and related accessories; and/or
(10) Antique dealers and antique shops engaged in the business of buying and selling antique goods of the type commonly found in antique shops.
(I) No pawnbroker’s license or secondhand goods dealer license approved by the city grants to the licensee a property right or entitlement to the license. The city may refuse to issue, renew or revoke the license for any reason and will not incur liability for any damages including, but not limited to direct, consequential, or incidental damages, deprivation of property, loss of income, loss of profits or loss of livelihood.
(Ord. 184, passed 5-18-98) Penalty, see § 10.99