[Ord. No. 1256 §2, 2-20-2008]
A.
This
Chapter is adopted for the purpose of preserving and improving the
public health, safety and general welfare of the citizens of Mission.
More specifically, it is the purpose of this Chapter to:
1.
Require
licensing for the purpose of regulating payday and title loan businesses
to minimize the detrimental effects of such businesses on the community.
2.
To regulate
the placement and location of such businesses to prevent them from
clustering together and thereby avoid the negative secondary effects
associated with such clustering.
3.
To ensure
that such regulations are consistent with the laws of the State of
Kansas.
[Ord. No. 1256 §2, 2-20-2008]
The term "payday loan business" shall refer
to any business regulated by K.S.A. 16a-2-404, as the same may be
amended from time to time. The term "title loan business" shall refer, except as provided below, to a consumer loan transaction,
including a loan made pursuant to K.S.A. 16-706 et seq., and amendments
thereto, secured by a vehicle. It shall not include a purchase money
consumer loan or a loan made pursuant to Subsection (2) of K.S.A.
16a-2-401 and amendments thereto. The term "vehicle", for the purposes of this Section, means every device in, upon or
by which any person or property is or may be transported or drawn
upon a public highway and the ownership of which is evidenced by a
certificate of title.
[Ord. No. 1256 §2, 2-20-2008]
The license fees shall be set out in Section 103.050 of this Code.
[Ord. No. 1256 §2, 2-20-2008]
A.
No person
shall engage in or continue in business as a payday loan or title
loan business without first obtaining a license therefore from the
City of Mission. Any business lawfully in existence on the effective
date of this Chapter shall be required to obtain the license required
hereunder within sixty (60) days of said effective date.
B.
Licenses
shall be required for each location such business operates in the
City and shall be secured by making written application to the City
Clerk in a form determined by the City Clerk.
C.
Every
person or firm commencing business shall first secure a payday loan
or title loan license covering the period from the date from which
the business is to be started until the next succeeding July first
(1st). The fee which would be payable on an annual basis shall be
determined as provided by this Chapter and the fee for this initial
period shall be determined by dividing the annual fee by twelve (12)
and multiplying by the number of months or fraction thereof remaining
to the next July first (1st). No refunds for business ceasing during
the year shall be made.
D.
No license shall be issued for any business seeking to operate at a location prohibited by any applicable local, State or Federal law, Statute, ordinance, rule or regulation; provided however, that a business lawfully in existence on the effective date of this Chapter shall be considering lawfully non-conforming and shall be permitted to obtain a license hereunder and continue in operation in accordance with Section 606.040 (A) of this Code.
E.
It shall
be unlawful for any person or business to operate or maintain a payday
loan or title loan business in violation of the provisions of this
Chapter.
[Ord. No. 1256 §2, 2-20-2008]
No license shall be issued for any payday or title loan business
that is located within five thousand two hundred eighty (5,280) feet
of any other payday or title loan business within the City or within
two hundred (200) feet of any property used for a single-family residence,
a two-family residence, a town home or an apartment building within
the City. The separation distances shall be measured from or to the
outer wall of the payday or title loan business and from or to the
property line of the property containing the residential use. However,
this separation provision shall not apply to any payday or title loan
business that can demonstrate to the City that they were in operation
at the location requested in the license application prior to the
effective date of this Chapter and that they have operated continuously
under the same business name since that time.
[Ord. No. 1256 §2, 2-20-2008]
Any business that obtains a license hereunder is required to
have such license conspicuously displayed to the public in their place
of business. Failure to keep the license posted in the manner required
by this Section shall be prima facie evidence that the business has
not obtained the required license.
[Ord. No. 1256 §2, 2-20-2008]
Any business that applies for and receives a payday or title
loan license from the City shall be deemed to have consented to periodic
entry into and inspection of the business premises by appropriate
City Officials, including the inspection of only those business records
necessary for the limited purpose of determining whether such business
enterprise is in compliance with this Chapter or any other applicable
State or Federal law or regulation. This entry and inspection shall
take place during hours when such business is open to the public,
unless otherwise requested by the business, and shall not unreasonably
interfere with the conduct of such business.
[Ord. No. 1256 §2, 2-20-2008]
A.
The City
Clerk may revoke such license for any one (1) of the following reasons:
1.
If a
licensee has fraudulently obtained the license by giving false information
in the application therefore;
2.
If the
licensee has violated any of the provisions of this act or any rule
or regulations made by the City;
3.
If the
licensee has violated the regulations set forth in K.S.A. 16a-2-404
or K.S.A. 16-706 et seq. or any local, State or Federal law, Statute
or ordinance, rule or regulation pertaining to any payday or title
loan business, including the failure to obtain and maintain any required
State or Federal license.
4.
If the
licensee has moved from the location approved in the license.
[Ord. No. 1256 §2, 2-20-2008]
A.
Any person
violating the provisions of this Chapter shall, upon conviction thereof,
be punished by a fine of not less than five dollars ($5.00) nor more
than five hundred dollars ($500.00) or imprisoned for not more than
thirty (30) days, or both. Each day such violation continues shall
be considered a separate offense.
B.
Nothing
herein contained shall prevent the City or other appropriate authority
from taking such other lawful action as is necessary to prevent or
remedy any violation.
C.
The payment
of fine or the serving of a jail sentence for failure to pay the fee
and secure a license shall not constitute payment of the fee nor excuse
the person from making payment and the City may proceed by civil action
to collect the fee.
