In addition to the requirements of Pawnbrokers Regulations, the following shall apply:
(A) All applicants requesting a license pursuant to this chapter shall be required to submit to a comprehensive background investigation, including a criminal history check, and pay the fee therefore in accordance with this section.
(B) Every applicant for a license to maintain, operate or conduct a pawnbroker business or a secondhand goods dealer business shall file a completed application under oath with the city upon a form provided by the office of the City Clerk and pay a non-refundable $500 application fee. In addition to the application fee, applicants will be responsible for all costs involved in the required background investigation that exceed the application fee. A good faith estimate of the costs will be provided to the applicant prior to the start of the background investigation. The application, once accepted, shall be referred to the City Police Department for investigation. Copies of this application shall be forwarded to any other city departments as shall be necessary for verification and the investigation of the facts set forth in the application.
(C) The Chief of Police or his or her designee shall make a written recommendation as to the issuance or non-issuance of the license within 30 days. The completed application form shall contain all information indicated, including:
(1) The full name, place and date of birth and street residence of the applicant;
(2) The business address and the name and address of the owner of the premises;
(3) A statement as to whether, within the preceding five years, the applicant has been convicted of any law relating to the theft, damage or trespass to property or sale of a controlled substance, and the nature of the offense and the penalty assessed;
(4) Whether the applicant is a natural person, corporation, limited liability company or partnership, and:
(a) If the applicant is a corporation, the state of the incorporation and the names and addresses of all officers and directors, and if a limited liability company, the state of organization and the names and addresses of all offices, managers, governors and members; or
(b) If the applicants is a partnership, the names and addresses of all partners.
(5) The name of the manager or proprietor of the business;
(6) Each application shall be accompanied by a bond in the amount of $5,000 executed by a corporation authorized to do business in this state and conditioned that in conducting the business the licensee will observe all laws in relation to pawnbrokers and will conduct business in conformity thereto, and that the licensee will account for and deliver to any person legally entitled any goods which have come into the licensee’s possession through the licensee’s business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall be maintained so long as the pawnbroker does business and shall be for the benefit of the city or any person who shall suffer any damage through the act of the pawnbroker and shall not be terminable without the bond company giving written notice 30 days in advance of termination to the City Clerk.
(7) Copies of the applicant’s federal and state tax returns for the preceding three years for the applicant, each officer of a corporation or each partner or each officer and manager of a limited liability company; and
(8) A personal financial statement for each applicant, partner, shareholder of a corporation or member of a limited liability company, whichever is applicable.
(D) If the applicant is a natural person, the application shall be signed and sworn to by the applicant. If the applicant is a corporation or limited liability company, the application shall be signed by an officer or other agent authorized to sign. If the applicant is a partnership, the application shall be signed by a general partner.
(E) No person shall make any material false statement in the application. In addition to other penalties, the licensee’s license may be revoked by the City Council for giving false information on the application.
(F) A new application fee shall be required whenever there is any change in the facts presented by the application other than the date, the applicant(s) home address or building owner(s) address. A new application fee shall be charged whenever a license is not renewed prior to its expiration.
(Ord. 184, passed 5-18-98) Penalty, see § 10.99