Loading...
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
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)
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)
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)
A. Upon receipt of an acceptable police and zoning report and the appropriate fees, the City Clerk shall approve the application if the applicant has fully complied with all of the requirements of this article, and the City Clerk shall thereupon issue a pawnbroker license to the applicant and forward a copy of such to the Chief of Police.
1. The license shall:
a. Expire on December 31 after the date of issuance.
b. State the name, address and phone number of business licensed.
c. State the type of business to be transacted.
d. State the date of issuance and expiration of the license.
B. If the City Clerk determines that the applicant for a new or renewal license has not fully complied with all of the requirements of this article or that the applicant has falsified his or her application, the City Clerk shall after consultation with the City Attorney, deny the license.
1. The applicant then may appeal the Clerk's decision to the City Council.
C. Upon any change in any of the information required to be submitted as part of the application, licensee shall within five (5) days of such change notify the City Clerk of said change, in writing, and in the event of a change of address for doing business, the license shall be returned to the City Clerk and an amended license issued designating the new location. The amended license shall be valid for the length of time remaining on the original license. (Ord. 5481, 2-4-2019)
A. An applicant for a pawnbroker license shall submit a fifty dollar ($50.00) application fee to the City Clerk at the time of filing the application. The license fee will be required for renewal each January.
B. An applicant who makes a late application for renewal of a pawnbroker license shall pay a late fee of ten dollars ($10.00) per month after January 1st. Failing to acquire the appropriate license by April 1st will require the person to close the business and face criminal and civil penalties.
C. Any person operating several or separate pawn brokering businesses shall pay the license fee and procure a license for each physical location.
D. Violations in one licensed premises shall not be deemed violations in all premises licensed by that pawnbroker, unless there is a clear nexus for the violation and the business.
E. Every licensed pawnbroker shall display his or her license conspicuously in the business so that it may be readily observed by all persons entering the premises.
F. No pawnbroker license shall be sold or transferred. The purchaser of any pawnbroker business or of the majority of the stock of any corporation operating a pawnbroker business shall make application for and obtain a new license before operating such business at the location for which the license has been issued. (Ord. 5481, 2-4-2019)
A pawnbroker shall collect a transaction fee of fifty cents ($0.50) per transaction. The transaction fee shall be collected by the licensee, from each customer, upon the initiation of each new pawn loan, and each transaction involving the purchasing of personal property. The pawnbroker shall pay to the City all transaction fees collected, by the 15th of the following month.
A. Transaction fees will be utilized to maintain and operate an electronic filing system to aid law enforcement in recovering stolen property.
B. Transaction fees in excess of the amount needed to cover costs associated with maintaining the system will be reimbursed to the license holder to help offset the loss associated with stolen/recovered property seized by the Waterloo Police Department. The percent of reimbursement will be determined by dividing the funds available by the total seized property and then distributed based on percentage seized to each licensee.
C. If all license holders have been made whole, remaining fees will be placed in a project account for the City of Waterloo to provide solvency to the system. (Ord. 5481, 2-4-2019)
A. Record Required: On each item or article at the time of pawning or purchasing said item, every license holder shall be required to keep a record in which the license holder shall accurately collect the following:
1. Date and time the item was presented.
2. A detailed accurate description of the item.
3. The serial and model number if available.
4. Special characteristics or identifying marks.
5. Amount paid, advanced or loaned for the item.
6. A photocopy or digital copy of a valid State or government issued photo ID.
7. A current address and telephone number from the person presenting the item.
B. Failing To Keep Records: Failing to obtain and keep the above information, making false or fraudulent entries will be considered a simple misdemeanor with criminal charges, loss of license and fines.
C. Submitting Records: The records register shall be submitted electronically to the City of Waterloo or its authorized agents, at a minimum on each Monday by nine o'clock (9:00) A.M.
1. If there are issues preventing the submission of all items collected during that time, the following requirements apply:
a. The licensee must record and submit the required information in another manner on the appropriate Monday.
b. All property received, will be held for five (5) days from the time electronic submissions are restored.
(1) This holding period does not apply to the redemption of loan items.
c. If there are extenuating circumstances resulting in extended electronic downtime the Chief of Police or designee will have the authority to waive the holding period.
2. Each entity is responsible to maintain data security and confidentiality of personal information and is responsible for any and all breaches to their respective systems.
a. Confidential information shall include the following:
(1) Any and all personal information.
(2) Transactional information that would give a business advantage to any participating organization.
(3) Certain necessary information may be released by law enforcement for investigative purposes or prosecution of criminal offenses as per Iowa law. (Ord. 5481, 2-4-2019)
A. The license holder shall at all times permit a duly authorized police officer of the City of Waterloo to inspect the entire premises covered by the license, including all locked containers and all records having any relationship to the operation of the pawn business.
B. No licensee, agent or employee shall refuse, resist or attempt to prevent a duly sworn police officer from examining the licensed premises for the purpose of discovering/recovering stolen property or any violation of this article. (Ord. 5481, 2-4-2019)
Loading...