CHAPTER 4
BUSINESSES RELATING TO SALES

ARTICLE A. PAWNBROKERS

SECTION:

3-4A-1: Definitions

3-4A-2: License Required

3-4A-3: License Criteria

3-4A-4: License Issuance

3-4A-5: Stipulations And Fees

3-4A-6: Transaction Fee

3-4A-7: Records Register

3-4A-8: Inspections

3-4A-9: Law Enforcement Holds And Seizures

3-4A-10: Holding Periods

3-4A-11: Prohibited Acts

3-4A-12: Denial, Suspension Or Revocation

3-4A-13: Penalty

3-4A-1: DEFINITIONS:

Pawnbroker means every person who makes loans or advancements upon pawn, pledge or deposit of personal property or who receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or who by advertisement, sign or otherwise holds himself or herself out as a pawnbroker. (Ord. 5481, 2-4-2019)

3-4A-2: LICENSE REQUIRED:

   A.   No person shall engage in the pawn business without first obtaining a pawnbroker license.

   B.   All applicants for such licenses shall apply in writing to the City Clerk.

   C.   All license applications shall contain the following information:

      1.   The full name, residential address, business address, date of birth and social security number of all parties who have an ownership stake.

      2.   Where the applicant is a corporation or partnership, the names of the officer/partners and name and address of the local manager.

   D.   The name and address of the owner of the business' premises.

   E.   The business, occupation or employment of the applicant, including location thereof, for the two (2) years immediately preceding the date of application.

   F.   The arrest record of the applicant and whether the applicant has ever been convicted of any crime, except simple misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.

   G.   Assurance the applicant has a computer that can access the internet and utilize the automated pawn records system.

   H.   Proof of ten thousand dollar ($10,000.00) surety bond. (Ord. 5481, 2-4-2019)

3-4A-3: LICENSE CRITERIA:

Upon receipt of a pawnbroker license application, the City Clerk shall forward a copy of the application to the Chief of Police and the Zoning Enforcement Officer or their designees who shall review the application. The applicant shall furnish such evidence as may reasonably be required in support of the statements set forth in the application. The Chief of Police and the Zoning Enforcement Officer or their designees shall report to the City Clerk within thirty (30) days of receipt of the application considering but not limited to the criteria of whether:

   A.   The applicant or his or her agent or employee charged with receiving or distributing property has been convicted of a felony. However, if the conviction of a felony occurred more than five (5) years before the application for a pawnbroker license and if such person's rights of citizenship have been restored by the Governor, such conviction shall not be a bar to obtaining a pawnbroker license;

   B.   The applicant has truthfully reported all relevant facts within the pawnbroker application;

   C.   The applicant has such financial standing and good reputation to indicate that he or she will comply with all the laws of the State and the City;

   D.   The applicant has a computer that can access the internet and utilize the automated pawn records system; and

   E.   The pawnbroker's business complies with City of Waterloo zoning requirements, Iowa State law and all relevant site plan regulations and guidelines. (Ord. 5481, 2-4-2019)