[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 10-23-1989
by L.L. No. 5-1989 as Ch. 90 of the 1989 Code. Amendments
noted where applicable.]
No person, either as principal, agent or employee, shall, within the
limits of the Village, establish, engage in or carry on the business of collateral
loan broker, either separately or in connection with some other business,
without first having obtained and paid for and having in full force and effect
a license as herein provided.
Every person licensed under the provisions of this chapter shall pay
an annual license fee of $250 for each established place of business.
Every person desiring to procure a license to engage in the business
of collateral loan broker shall file with the Village Clerk a written application
upon a blank form prepared and furnished by the Village. Such application
shall be signed and acknowledged before a notary public and shall contain
the following information:
A.
The names and residences of the applicants, if an individual,
partnership or firm, or the names and residences of the principal officers,
if the applicant is an association or corporation.
B.
A detailed description of the character of the business
in which the applicant or applicants desire to engage.
C.
The length of time such applicant or applicants, if an
individual, firm or partnership, or the manager or person in charge, if the
applicant is a firm, partnership, corporation or association, has or have
resided in the State of New York, his or their places of previous employment,
whether married or single, whether he or they or any of them have ever been
convicted of a felony or misdemeanor and, if so, what offense, when and in
what court.
D.
The premises where such business is to be located or
carried on, giving street and number.
E.
Whether the applicant or applicants or manager has, either
alone or with someone else, ever engaged in the business of collateral loan
broker. Such application shall be signed and acknowledged before a notary
public.
When an application for a collateral loan broker's license is filed,
the Village Clerk shall cause an investigation to be made by the Village Police
Department to ascertain whether the applicant is of good character and repute.
The Chief of Police shall furnish, in writing, to the Village Clerk the information
derived from such investigation, accompanied by a recommendation as to whether
a license should be granted or refused.
The application for a license to do business as a collateral loan broker
shall be accompanied by a bond to the Village approved as to form by the Village
Attorney and in the penal sum of $10,000, conditioned for the faithful performance
of the duties and obligations pertaining to the business so licensed, the
due observance during the term of the license of any and all ordinances and
laws which are now in force or may hereafter be adopted or enacted respecting
the business of collateral loan broker and the accounting for and paying over
of all moneys which the licensee shall be liable to pay as such collateral
loan broker to the Village or to any person.
A.
Reasons for refusal generally. No license to engage in
the business of collateral loan broker shall be refused except for a specific
reason and for the protection of the public safety, good order and morals.
B.
Reapplying for license. No applicant for a license issued
under the provisions of this chapter to whom such license has been refused
shall make further application for a license until a period of at least six
months shall have elapsed since the last previous rejection unless such applicant
can show that the reason for such rejection no longer exists.
No license issued under the provisions of this chapter shall be assigned,
sold or transferred.
A.
The Village Clerk may, at any time, after investigation
and after a hearing before said Clerk at which the licensee may be heard,
for such cause as the Clerk shall deem sufficient for violation of this chapter
or for any other proper cause, revoke any license granted under the provisions
of this chapter.
B.
Notice of revocation of a collateral loan broker's
license and the reason or reasons therefor shall be served by the Village
Clerk upon the person named in the application and upon filing a copy of such
with the Village Clerk.
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment.