[R.O. 2008 §15-258; Ord. No. 2086 §1, 10-23-2000]
A.
The
application form for a new license, a renewal license, a transfer
of an existing license or change of ownership of a licensed pawnshop
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.
B.
Every
application for new pawnshop 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. Further, a "certificate of good standing"
shall be filed with the application, if the applicant business is
registered with the Missouri Secretary of State's office.
[R.O. 2008 §15-259; Ord. No. 2086 §1, 10-23-2000]
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 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 pawnshop license. If
the applicant is already licensed and is applying for a second (2nd)
or additional license for a separate location or substantially identical
principals and owners of a licensed pawnshop at a separate location,
then the investigation fee shall be two hundred fifty dollars ($250.00).
2.
Proof of general liability insurance in the amount of fifty thousand
dollars ($50,000.00).
3.
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.
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.
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.
[R.O. 2008 §15-260; Ord. No. 2086 §1, 10-23-2000]
A.
Upon
conclusion of the investigation, the Chief of Police shall render
an opinion on the application, which shall indicate that:
1.
In the Chief's opinion, the applicant appears to be of good moral
character;
2.
The applicant has agreed to only employ persons who are of good moral
character;
3.
The applicant has a camera, readily accessible and in proper working
order and has agreed to use such equipment to photograph every person
and receipt or pawn ticket given to such person in connection with
all loans and purchases of all articles effected or made by him/her;
4.
The pawnbroker has agreed to make such photographs available to any
person who properly identifies him/herself as a Law Enforcement Officer
and requests specific information for an official criminal investigation;
5.
The applicant has agreed not to accept as collateral security or
to purchase any photographic equipment, electronics, tools and equipment
or any other item that would commonly bear a manufacturer's serial
number, unless said item has a plainly visible manufacturer's serial
number affixed; and
6.
A recommendation for approval or denial. Any denial of the application
shall include the justification for the denial.
B.
The
Director shall not issue a license to any person who:
1.
Does not receive a favorable recommendation from the Chief of Police;
or
2.
Is not of good moral character; or
3.
Makes a false statement of material facts in the application for
a license or renewal license; or
4.
Does not have net assets of at least fifty thousand dollars ($50,000.00)
per pawnshop readily available for use in conducting business as a
licensed pawnshop; or
5.
Does not file with the Director a bond satisfactory to the Director
in the amount of five thousand dollars ($5,000.00);
6.
Does not employ a reputable alarm company for the purpose of fire
and theft security;
7.
Does not or cannot comply with the recordkeeping requirements as
specified in this Article.
8.
Has had a felony or misdemeanor conviction which directly relates
to the duties and responsibilities of the occupation of pawnbroker
or otherwise makes the applicant presently unfit for a pawnshop license.
[R.O. 2008 §15-261; Ord. No. 2086 §1, 10-23-2000]
Subsequent to the first (1st) year the license was issued to
a pawnbroker, each pawnbroker shall submit a pawnshop 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 §15-262; Ord. No. 2086 §1, 10-23-2000]
Transfer of an existing pawnshop or the change of ownership
of an existing pawnshop shall require the same application process
as a new pawnshop license. Licenses are personal to the licensee and
are not transferable.
[R.O. 2008 §15-263; Ord. No. 2086 §1, 10-23-2000]
A.
The
Director has the authority to deny the renewal of, suspend or revoke
any pawnshop license if the Director believes that conditions have
changed such that the holder of a pawnshop license would be ineligible
to receive a pawnbroker's license or that the holder of the pawnshop
license is in violation of this Chapter or State law pertaining to
pawnshops.
B.
If
the Director believes that the holder of a pawnshop license may 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 pawnshops, 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 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 pawnshops, 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 immediately 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, §536.100,
RSMo.
[R.O. 2008 §15-264; Ord. No. 2086 §1, 10-23-2000]
No license for engaging in the business of pawnbroker shall
be issued when the issuance thereof would increase the number of such
licenses outstanding and in force at the time to more than one (1)
per each fifteen thousand (15,000) inhabitants residing in the City.
[R.O. 2008 §15-265; Ord. No. 2086 §1, 10-23-2000]
A.
No
license shall be issued for the operation a pawnshop as defined within
this Chapter, wherein said pawnshop will be located within five hundred
(500) feet of the property line of any church/synagogue, school or
residentially zoned property.
B.
No
license shall be issued for the operation of any pawnshop within one
thousand (1,000) feet of the property line of property on which there
is located another pawnshop.
[R.O. 2008 §15-266; Ord. No. 2086 §1, 10-23-2000]
No pawnbroker, member of the pawnbroker's family, employee or
any other person shall be permitted to live in a pawnshop or in rooms
connected therewith.
