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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)
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