[R.O. 2008 §15-134; Ord. No. 2111 §1, 2-26-2001]
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.
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.
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]
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:
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).
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.
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.
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.
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.
Two (2) recent facial photographs of the applicant.
Two (2) "applicant fingerprint cards" provided and processed by the Police Department.
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.
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]
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.
The Director shall not issue a license to:
Any person who does not receive a favorable recommendation from the Chief of Police; or
Any person who makes a false statement of material facts in the application for a license or renewal license; or
Any person who is not licensed by the State of Missouri Department of Finance as a check-cashing or title-lending establishment.
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
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
Any person who does not employ a closed-circuit camera system for the recording of the daily transactions; or
Any person who does not employ a reputable company for the purpose of fire and theft security; or
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.
Any establishment that the Director believes will adversely affect the safety, morals or peace of the residents of the City of Creve Coeur.
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]
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.
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.
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]
The Director has the authority to deny the renewal of, suspend or revoke any check-cashing establishment license if:
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
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.
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.
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.
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.
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.
Any party aggrieved by the decision of the Director shall have the right of appeal to the Circuit Court of St. Louis County.
State Law Reference — Similar provisions, §§367.100 — 367.533, 536.100, RSMo.