[R.O. 2008 §15-134; Ord. No. 2111 §1, 2-26-2001]
A.
No
person shall conduct or operate the business of a check-cashing establishment
without having obtained a license from the City of Creve Coeur's Director
of Finance and making payment of the license fee. The annual license
fee is five hundred dollars ($500.00) for the license period of June
first (1st) through May thirty-first (31st) or any portion thereof.
Licenses are not prorated for any unused portion of the license period.
B.
The
application form for a new license, a renewal license, a transfer
of an existing license or change of ownership of a licensed check-cashing
establishment shall be on forms prescribed by the Director's office.
The application shall contain information sufficient to inform the
Director regarding the qualifications of the applicant for a license
or renewal license.
C.
Every
application for a new check-cashing establishment license shall be
made in writing, under oath, to the Director of Finance and shall
state the full name of the applicant, the place where the business
is to be conducted and other relevant information as specified in
the application. If the applicant is a partnership, the application
shall state the full name and address of each partner and whether
such partner is a general partner or a limited partner. If the applicant
is a corporation, the application shall give the full name and address
of each officer, shareholder and director.
[R.O. 2008 §15-135; Ord. No. 2111 §1, 2-26-2001]
No business license shall be issued permitting a check-cashing
establishment to engage in business in the City when the issuance
thereof would increase the number of such check-cashing establishments
operating in the City at that time to be more than one (1) per each
fifteen thousand (15,000) inhabitants residing in the City.
[R.O. 2008 §15-136; Ord. No. 2111 §1, 2-26-2001]
A.
The
application packet shall be obtained from the office of the Chief
of Police. Upon completion, the application packet must be returned
to the office of the Chief of Police for investigation. The Chief
shall assign the appropriate personnel to investigate the facts and
information contained in the application. The Police Department is
not required to conduct an investigation of any person who has submitted
an incomplete application packet. The application packet must contain
the application form, questionnaire forms and release form with all
necessary information provided, including required attachments, in
order to be considered complete. Attachments include:
1.
An investigation fee of five hundred dollars ($500.00) if the applicant
is unlicensed at the time of applying for the check-cashing establishment
license. If the applicant is already licensed by the City and is applying
for a second (2nd) or additional license for a separate location or
substantially identical principals and owners of a licensed check-cashing
establishment at a separate location, then the investigation fee shall
be two hundred fifty dollars ($250.00).
2.
An annual fee of five hundred dollars ($500.00) for the license period
of June first (1st) through May thirty-first (31st) or any portion
thereof. Licenses are not prorated for any unused portion of the license
period.
3.
Proof of general liability insurance in the amount of fifty thousand
dollars ($50,000.00) for all check-cashing establishments or, in accordance
with Section 367.530, RSMo., one million dollars ($1,000,000.00) per
occurrence for establishments licensed as title lenders.
4.
A plat, prepared by the applicant, illustrating that the place where
the business is to be conducted is not less than five hundred (500)
feet from the nearest point of any residentially zoned property or
the building of any church or synagogue or public, parochial or private
elementary school, unless the business has written approval from the
school, church or synagogue; and a plat illustrating the place where
the business is to be conducted is not less than one thousand (1,000)
feet from the nearest check-cashing establishment, pawnshop, drug
treatment facility, liquor sales or serving establishment. For purposes
of this Section, the requirement to submit a plat pertaining to the
five hundred (500) foot or one thousand (1,000) foot separation for
check-cashing establishments shall apply to any or all properties,
facilities and institutions as stated in this Section herein, regardless
of whether such properties are located within or outside of the City
limits.
5.
A bond filed with the Director in the amount of five thousand dollars
($5,000.00) with a surety company qualified to do business in this
City. The aggregate liability of such surety shall not exceed the
amount stated in the bond. The bond shall run to the City for the
use of the City and of any person(s) who may have a cause of action
against the obligor of such bond under the provisions of this Chapter.
Such bonds shall be conditioned on the obligor complying with the
provisions of this Chapter and all rules and regulations adopted by
the Director and the obligor will pay to the City and to any person(s)
from such obligor under and by virtue of the provisions of this Chapter,
or any rules adopted by the Director pursuant to this Chapter, during
the time such bond is in effect.
6.
Two (2) recent facial photographs of the applicant.
7.
Two (2) "applicant fingerprint cards" provided and processed by the
Police Department.
8.
A copy of the license issued by the State of Missouri Department
of Finance, which identifies the applicant as a check-cashing establishment
as defined by this Article.
9.
A "certificate of good standing" if the applicant business is registered
with the Missouri Secretary of State's office.
[R.O. 2008 §15-137; Ord. No. 2111 §1, 2-26-2001]
A.
Upon
conclusion of the investigation, the Chief of Police shall render
an opinion on the application, which shall indicate a recommendation
for approval or denial.
B.
The
Director shall not issue a license to:
1.
Any person who does not receive a favorable recommendation from the
Chief of Police; or
2.
Any person who makes a false statement of material facts in the application
for a license or renewal license; or
3.
Any person who is not licensed by the State of Missouri Department
of Finance as a check-cashing or title-lending establishment.
4.
Any person who does not have net assets of at least fifty thousand
dollars ($50,000.00) per check-cashing establishment readily available
for use in conducting business as a licensed check-cashing establishment;
or
5.
Any person who does not file with the Director a bond satisfactory
to the Director in the amount of five thousand dollars ($5,000.00);
or
6.
Any person who does not employ a closed-circuit camera system for
the recording of the daily transactions; or
7.
Any person who does not employ a reputable company for the purpose
of fire and theft security; or
8.
Any establishment that does not have sufficient interior space for
patrons to transact business. The business shall not have any drive-up
or walk-up windows.
9.
Any establishment that the Director believes will adversely affect
the safety, morals or peace of the residents of the City of Creve
Coeur.
10.
Any denial of the application by the Director shall include the reason
for the denial.
[R.O. 2008 §15-138; Ord. No. 2111 §1, 2-26-2001]
A.
No
license shall be issued for the operation of a check-cashing establishment
as defined within this Chapter, wherein said check-cashing establishment
will be located within five hundred (500) feet of the property line
of any residentially zoned property or the building structure of the
following institutions or facilities: churches, synagogues, schools
(including nursery schools) or any State-licensed child care center
and/or family day care facility, unless the check-cashing establishment
has written approval from all such properties, institutions or facilities
as stated above.
B.
No
license shall be issued for the operation of any check-cashing establishment
within one thousand (1,000) feet of the property line of property
on which there is located another check-cashing establishment, pawnshop,
drug treatment facility, liquor sales or serving establishment, gambling
facility or facility offering games of chance, to include lotteries.
C.
For purposes of this Section the distances prescribed in Subsections (A) and (B) above shall also apply to the proximity between the applicant's place of business and any such church, school, residentially zoned property or any other businesses or facilities, as therein described, which are located outside the Creve Coeur City limits.
[R.O. 2008 §15-139; Ord. No. 2111 §1, 2-26-2001]
Transfer of an existing check-cashing establishment or the change
of ownership of an existing check-cashing establishment shall require
the same application process as a new check-cashing establishment
license. Licenses are personal to the licensee and are not transferable.
[R.O. 2008 §15-140; Ord. No. 2111 §1, 2-26-2001]
Subsequent to the first (1st) year a check-cashing establishment
license is issued, each establishment shall submit a renewal application,
which shall be on the same forms as the initial application, along
with the annual fee to the Director no later than May first (1st).
The renewal of the license will be effective June first (1st). The
Director shall request the assistance of the Chief of Police or any
other City employee or person having knowledge of the truth or falsity
of the matters contained in the application or anyone able to investigate
those matters. The annual fee for the issuance of the renewal license
is five hundred dollars ($500.00).
[R.O. 2008 §15-141; Ord. No. 2111 §1, 2-26-2001]
A.
The
Director has the authority to deny the renewal of, suspend or revoke
any check-cashing establishment license if:
1.
The Director believes that conditions have changed such that the
holder of a Creve Coeur check-cashing establishment license (including
establishments that provide only title-lending operations without
other check-cashing services) would be ineligible to receive a new
license, or
2.
The holder of the check-cashing establishment license is in violation
of this Article or State law pertaining to check-cashing establishments
or title lending.
B.
If
the Director believes that the holder of a check-cashing establishment
license may correct or remedy the conditions of non-compliance, giving
rise to the Director's belief that said conditions have changed or
are likely to change and the licensee has not previously been in violation
of this Section or State law pertaining to check-cashing establishments,
the Director may suspend the license for a period up to thirty (30)
days.
C.
If
the Director believes that the changed conditions are such that the
licensee would not be able to correct or remedy the situation within
the thirty (30) day suspension period; or the licensee fails or refuses
to remedy the conditions; or the licensee has previously been in violation
of this Section or State law pertaining to check-cashing establishments,
then the Director may revoke the license.
D.
If
the Director believes that the safety, morals or peace of the residents
of the City of Creve Coeur are affected by a change in conditions,
the Director may immediately suspend or revoke the license. Under
such suspension or revocation, the licensee may request a hearing
to be conducted within five (5) days following the suspension or revocation.
E.
If
the Director believes that the changed condition is not of such imminent
hazard to the safety, morals or peace of the residents of the City
of Creve Coeur, he/she shall schedule a hearing prior to taking any
suspension or revocation action. The licensee shall be given at least
ten (10) days' notice of the hearing.
F.
Any
party aggrieved by the decision of the Director shall have the right
of appeal to the Circuit Court of St. Louis County.
[1]
State Law Reference — Similar provisions, §§367.100
— 367.533, 536.100, RSMo.
