5-2400 Pawnbrokers

 

CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-2400
PAWNBROKERS

5-2401 Purpose. The City Council finds that the use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to easily and quickly receive and transfer property stolen by others. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The City Council further finds that the pawn industry has outgrown the City’s current ability to effectively or efficiently identify criminal activity related to pawn shops. The purpose of this Chapter is to prevent pawn businesses from being used as facilities for the commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the City.

To assist the Police Department in better regulating current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this Chapter also implements and establishes the required use of the automated pawn system (APS).

5-2402 Definitions. The following words and terms when used in this Chapter shall have the following meanings unless the context clearly indicates otherwise:

(1) Issuing Authority. The City of Coon Rapids.
(2) Minor. Any natural person under the age of eighteen years.
(3) Pawnbroker. A person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling that same back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented or leased, or selling property on consignment, the provisions of this Chapter shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this Chapter.
(4) Pawnshop. Any business establishment operated by a pawnbroker.
(5) Person. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or non-profit corporation; a trust; a political subdivision of the State; or any other business organization.
(6) Reportable Transaction. Each transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment, or trade, or in which a pawn is renewed, extended, or redeemed is reportable except:

(a) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment that describes each item, and must mark each item in a manner which relates to that transaction record.
(b) Retail and Wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired.

(7) Billable Transaction. Each reportable transaction conducted by a pawnbroker except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee’s possession.

5-2403 License Required. No person shall engage in the business of pawnbroker at any location without a pawnbroker license for that location. The issuance of a license under this Chapter shall not relieve the licensee from obtaining any other licenses or permits required to conduct the business at the same or any other locations.

5-2404 Restrictions on License Transfer. Each license issued under this Chapter shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give, or assign a license to another person. No license issued under this Chapter may be transferred to a different location than the one identified in the license application.

5-2405 License and Investigation Fees. Annual license fees for a pawnbroker license and the investigation fee for an applicant for a pawnbroker license shall be established from time to time by ordinance of the City Council. [Revised 3/1/05, Ordinance 1868]

5-2406 Billable Transaction Fee. The billable transaction fee shall be established from time to time by ordinance of the City Council and shall be classified according to the medium by which daily reports required by Section 5-2418 are submitted to the Police Department. The billable transaction fee shall reflect the cost of processing transactions from the respective classifications and other related regulatory expenses. The billable transaction fee for modem transactions shall not exceed the billable transaction fee for manual transactions. Billable transaction fees shall be billed monthly and are due and payable within 30 days. Failure to timely pay the billable transaction fee shall constitute a violation of this Chapter. [Revised 12/5/06, Ordinance 1938]

5-2407 Expiration of License. All licenses issued under this Chapter shall expire as of midnight on December 31st of the year of issuance.

5-2408 Application Content. In addition to any information that may be required by the County of Anoka pursuant to Minnesota Statutes, Section 471.924, every application for a license under this Chapter shall be made on a form supplied by the Issuing Authority and shall contain the following information:

(1) If the applicant is a natural person:

(a) the name, place and date of birth, street residence address, and telephone number of the applicant.
(b) whether the applicant is a citizen of the United States or a resident alien.
(c) whether the applicant has ever used or has been known by a name other than the name shown on the application, and if so, the name or names used and information concerning dates and places where used.
(d) the name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a copy of the certificate as required by Minnesota Statutes, Section 333.01.
(e) the street addresses at which the applicant has lived during the preceding five (5) years.
(f) the type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the preceding five (5) years.
(g) whether the applicant has ever been convicted of a felony, crime, or violation of any statute or ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had.
(h) the applicant’s current financial statement and true copies of the applicant’s Federal and State income tax returns for the two (2) years prior to application.
(i) if the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all other information concerning each of them required in paragraphs (a) through (g) of subsection (1) of this section.
(j) if the applicant is married:

(i) the name, date of birth, and residence address of the applicant’s current spouse.
(ii) the type, name, and location of every business or occupation in which the applicant’s current spouse has been engaged during the five (5) preceding years.
(iii) the names and addresses of the employers or partners of the applicant’s current spouse for the preceding five (5) years.
(iv) whether the applicant’s current spouse has ever been convicted of any felony, crime, or violation of any statute or ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had.

(2) If the applicant is a partnership:

(a) the name(s), address(es), and dates of birth of all general and limited partners and all information concerning each general partner required in subsection (1) of this Section.
(b) the name(s) of the managing partner(s) and the interest of each partner in the pawnbroker business.
(c) a true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application.
(d) a true copy of the Federal and State income tax returns for the partnership for the two (2) years prior to application.
(e) if the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in (a) through (g) of subsection (1) of this Section.

(3) If the applicant is a corporation or other organization:

(a) the name of the corporation or business firm and if incorporated, the state of incorporation.
(b) a true copy of the certificate of incorporation, articles of incorporation or association agreement and bylaws shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority, as required by Minnesota Statutes, Section 303.06, shall be attached.
(c) the name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subsection (1) of this Section.
(d) a list of all persons who control or own an interest in excess of five (5) per cent in such organization or business form, or who are officers of the corporation or business form, and all information concerning said persons required in subsection (1) above. This provision shall not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it.

(4) For all applicants:

(a) whether the applicant holds a current pawnbroker, precious metal dealer, or secondhand dealer license from any other governmental unit. Identify such governmental unit(s).
(b) whether the applicant has previously held a pawnbroker, precious metal dealer, or secondhand dealer license from any other governmental unit. Identify such governmental unit(s).
(c) whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer, or secondhand dealer license from any other governmental unit. Identify the governmental unit(s). (d) the location of the business premises.
(e) if the applicant does not own the business premises, a true and complete copy of the executed lease.
(f) the legal description of the premises to be licensed.
(g) whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid.
(h) whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City of Coon Rapids Inspection Division, no plans need to be submitted with the application.
(i) such other information as the Issuing Authority may require.

5-2409 Application Execution. All applications for a license under this Chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of the license.

5-2410 New Manager. When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate application on forms provided by the Issuing Authority within 14 days. The application must include all appropriate information required in Section 5-2408. The investigation fee for a new manager shall be established from time to time by ordinance of the City Council. [Revised 12/5/06, Ordinance 1938]

5-2411 Application Submission. An application for a license pursuant to this Chapter shall be submitted to the City Clerk on forms provided by the City. The Clerk shall refer the applications to the Police Department and such other appropriate City departments for review, investigation and recommendation. The Clerk shall submit the application for a pawnbroker license to the City Council within thirty days of receipt of the application.

5-2412 Investigation. The Police Department shall investigate into the truthfulness of the statement set forth in the application and shall endorse the findings thereon. The applicant must furnish the Police Department such evidence as the Department may reasonably require in support of the statement set forth in the application.

5-2413 Issuance of License. Within thirty days of submission, the City Council shall grant or deny a license application for a pawnbroker license. Failure of the Council to act within thirty days of submission shall constitute approval of the license. Any falsification of, or material omission from, a license application shall constitute good and sufficient cause to deny the application.

5-2414 Conditions for Approval.

(1) No license shall be issued under this Chapter if the applicant, any general partner or managing partner of a partnership, or any manager, proprietor, or agent in charge of a corporation or other organization:

(a) is a minor at the time the application is filed;
(b) has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes, Section 364.03, subd. 3;
(c) is not a citizen of the United States or a resident alien;
(d) is not of good moral character or repute;
(e) holds an intoxicating liquor license under this Code.

(2) The following locations shall be ineligible for a license under this Chapter:

(a) no license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the State, County, School District, or City are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01-278.03, questioning the amount or validity of taxes, the City Council may, on request, waive strict compliance with this provision. However, no waiver may be granted for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due.
(b) no license shall be granted or renewed if the property on which the business is to be conducted is owned by a person who is ineligible for a license under any of the requirements of this Code, except that a property owner who is a minor or who has been convicted of a crime, other than a crime involving theft or falsehood, shall not make the premises ineligible under this subsection.
(c) pawnbroker operations may be located only in General Commercial zoning districts. No pawnshop shall be located within a distance of one half mile of any other such business within the City of Coon Rapids as measured by a straight line.

(3) The licensee, or proprietor, or manager of the establishment shall be a resident of Anoka, Sherburne, Wright, Isanti, Carver, Scott, Hennepin, Ramsey, or Washington County as of the date of approval of an original or renewal license. For good cause, the City Council may extend the time for establishing residency in one of the above named counties.
(4) A proprietor or manager of the establishment shall be authorized to accept service of process, civil or criminal, on behalf of the licensee.

5-2415 Renewal. An application for the renewal of an existing license shall be made to the City Clerk at least 30, but no more than 60, days prior to the expiration date of the license and shall be made on such forms as the Issuing Authority requires. Applications for renewal of a pawnbroker license shall be submitted by the Clerk to the City Council in the same manner as for a new license.

5-2416 Bond Required. Before a license will be issued, or renewed, every applicant must submit a $5,000 (Five Thousand dollar) bond on forms acceptable to the Issuing Authority. All bonds must be conditioned that the principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled to any goods which have come into the principal’s hand through the principal’s business as a pawnbroker, or in lieu thereof will pay the reasonable value in money to the person. The bond shall contain a provision that no bond may be canceled except upon thirty (30) days written notice to the City, which shall be served upon the City Clerk.

5-2417 Records Required. At any time of any reportable transaction other than renewals, extensions, or redemptions, every licensee must immediately record in the English language the following information by using ink or other indelible medium on forms or in a computerized record approved by the Police Department:

(1) A complete and accurate description of each item including, but limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item.
(2) The purchase price, amount of money loaned upon, or pledged therefor.
(3) The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges.
(4) Date, time, and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee’s records. The identifiers shall be consecutively numbered and for the purpose of the reporting requirements under Section 5-2418 shall include any identifiers that may have been voided for any reason.
(5) Full name, residence address, residence telephone number, and date of birth of the person from whom the item of property was received.
(6) The identification number and state of issue for any of the following forms of identification of the seller:

(a) current valid driver license.
(b) current valid Minnesota identification card.
(c) current valid photo identification card issued by another state.

(7) The signature of the person identified in the transaction.
(8) A color photograph or color video recording of:

(a) each customer involved in a billable transaction.
(b) each item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.
(c) if a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction so that they relate. Such photographs must be available to the Chief of Police, or the Chief’s designee, upon request. The major portion of the photograph must include and identifiable front facial closeup of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises.
(d) If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close up of that person’s face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being video taped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed video tape for three (3) months unless requested by the Police Department to keep the tape longer.
(e) within 60 days after notification by the Police Department, the color photograph requirements under this subdivision (a) shall be fulfilled by submitting the photographs as digital images, in a format specified by the Police Department, electronically cross referenced to the reportable transaction they associated with notwithstanding the digital images may be captured from required video recordings. This provision does not alter or amend the requirements of paragraph (a).

(9) Renewals, Extensions, and Redemptions. For renewals, extensions, and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction.
(10) Inspection of Records. The record required hereunder must at all reasonable times be open to inspection by the Police Department. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of 90 days.

5-2418 Daily Reports to Police.

(1) Unless otherwise authorized by the Police Department, licensees must provide to the Police Department the information required in Section 5-2417(1) through (8) by transferring that information from their computer to the Police Department via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the Issuing Authority using a dial callback protocol or other procedures that address security concerns of the licensees and the Issuing Authority. The Licensee must display a sign of sufficient size, in a conspicuous place on the premises, which informs all patrons that all transactions are reported to the Police Department daily.
(2) Licensees will be charged monthly for billable transactions at the current rate established by the City Council.
(3) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the Police Department printed copies of all reportable transactions along with the video tape(s) for that date by 12:00 o’clock noon the next business day. If the problem is determined to be in the licensee’s system and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as provided for herein, but may be charged an additional fee as established by the City Council for each transaction submitted in this manner after the close of the first business day following the day of failure. If the problem is determined to be outside the licensee’s system, the licensee must continue to provide the information as provided for herein, but shall not be subject to an additional charge.
(4) If a licensee is unable to capture, digitize or transmit the photographs required in this subsection the licensee must immediately take all required photographs with a still camera, immediately develop the pictures, cross reference the photographs to the correct transaction, and deliver them to the Police Department by 12:00 o’clock noon the next business day. Licensees may be subject to an additional charge for each photograph submitted in this manner after the close of the first business day following the failure.
(5) Notwithstanding any other provisions herein, the Police Chief, or the Chief’s designee, upon presentation of extenuating circumstances, may extend the period before any additional charges are imposed for the manual reporting of billable transactions.

5-2419 Receipt Required. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information:

(1)The name, address, and telephone number of the licensed business.
(2) The date and time the item was received by the licensee.
(3) Whether the item was pawned, consigned or sold, or the nature of the transaction.
(4) An accurate description of each item received, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item.
(5) The signature or unique identifier of the licensee or employee that conducted the transaction.
(6) The amount advanced or paid.
(7) The monthly and annual interest rates, including all pawn fees and charges.
(8) The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date.
(9) Full name, residence address, residence telephone number, and date of birth of the pledger or seller.
(10) The identification number and state of issue from any of the following forms of identification of the pledger or seller:

(a) current valid Minnesota driver license.
(b) current valid Minnesota identification card.
(c) current valid photo driver license or identification card issued by another state.

(11) The signature of the pledger or seller.
(12) All printed statements as required by Minnesota Statutes, Section 325J.04, subd. 2 or any other applicable statutes.

5-2420 Redemption Period. Any person pledging, pawning, or depositing an item for security must have a minimum of 90 days from the day of that transaction or any renewal or extension, to redeem the item before it may be forfeited and sold. During the 90 day holding period, items may not be removed from the licensed location except as provided in Section 5-2428. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued, or to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the Police Department. Written authorization for release of property to persons other than the original pledger must be maintained along with original transaction record in accordance with Section 5-2417.

5-2421 Holding Period. Any item purchased by a licensee must not be sold or otherwise transferred for 30 days from the date of the transaction. An individual may redeem an item 72 hours after the item was received on deposit, excluding Sundays and legal holidays.

5-2422 Police Order to Hold Property.

(1) Investigative Hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of the initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to Section 5-2422 (2) or (3) whichever comes first.
(2) Order to Hold. Whenever the Chief of Police, or the Chief’s designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the Chief or the Chief’s designee. The order to hold shall expire 90 days from the date it is placed unless the Chief or the Chief’s designee determines the hold is still necessary and notifies the licensee in writing.
(3) Order to Confiscate. If an item is identified as stolen or evidence in a criminal case, the Chief or the Chief’s designee may:

(a) physically confiscate and remove the item from the shop, pursuant to a written order from the Chief or the Chief’s designee, or
(b) place the item on hold or extend the hold as provided in Section 5-2422 (2), and leave the item in the shop.

When an item is confiscated, the person doing so shall provide identification upon request of the licensee and shall provide the licensee the name and telephone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the Chief of Police, or the Chief’s designee, shall so notify the licensee.

5-2423 Inspection of Items. At all times during the term of the license, the licensee must allow the Chief of Police, or the Chief’s designee(s), to enter without notice the premises where the licensed business is located, including all off-site storage facilities as authorized in Section 5-2428, during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware, and merchandise, and records therein to verify compliance with this Chapter or other applicable laws.

5-2424 Label Required. Licensees must attach a label to every item at the time it is pawned, purchased, or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the pawn shop’s records, the transaction date, the name of the item, and the description or the model and serial number of the item as reported to the Police Department, whichever is applicable, and the date the item is out of pawn and can be sold, if applicable. Labels shall not be reused.

5-2425 Prohibited Acts.

(1) No person under the age of 18 years may pawn, consign or sell or attempt to pawn, consign or sell goods with any licensee nor may any licensee receive any goods from a person under the age of 18 years.
(2) No licensee shall receive any goods from a person of unsound mind or an intoxicated person.
(3) No licensee may receive any goods, unless the seller or depositor presents identification in the form of a valid Minnesota driver license, a valid State of Minnesota identification card, or a current valid photo driver license or identification card issued by the State of residency of the person from whom the item was received.
(4) No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed.
(5) No licensee shall lend money on a pledge at a rate of interest above that allowed by law.
(6) No licensee shall knowingly possess stolen goods.
(7) No licensee shall sell pledged goods before the time to redeem has expired.
(8) No licensee shall engage in any transaction involving a motor vehicle as defined in Minnesota Statutes, Section 168.011.

5-2426 Licensee Requirements.

(1) Hours of Operation. No licensee shall keep the establishment open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m.
(2) License Display. A license issued under this Chapter must be posted in a conspicuous place in the premises for which it is issue. The license issued is only effective for the compact and contiguous space specified in the approved license application.
(3) Maintenance of Order. A licensee under this Chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
(4) Gambling. No licensee under this Chapter may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punch boards, black jack tables, or pin ball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Sections 349.11 - 349.60, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the Director of the Lottery pursuant to Minnesota Statutes, Sections 349.01 - 349.15.

5-2427 Denial, Suspension, or Revocation. In addition to any other penalties that may be lawfully imposed, any license under this Chapter may be denied, suspended, or revoked for one or more of the following reasons:

(1) The proposed use does not comply with the City of Coon Rapids zoning code.
(2) The proposed use does not comply with any health, building, building maintenance, or other provisions of State or local laws or ordinances.
(3) The applicant or licensee has violated any State statute regulating pawnbrokers.
(4) The applicant or licensee has violated any State or local law relating to moral character and repute.
(5) The applicant or licensee has failed to comply with one or more provisions of this Chapter.
(6) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information.
(7) Fraud, misrepresentation, or bribery in securing or renewing a license.
(8) Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant’s business.
(9) The applicant or licensee has within the preceding five (5) years, violated any law relating to theft, damage to property or trespass, sale of a controlled substance, or operation of a business.
(10) The owner of the premises licensed or proposed to be licensed would not qualify for a license under the terms of this Chapter.

5-2428 Off-Site Storage. A license under this Chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the Police Department may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with Section 5-2423. All provisions of this Chapter regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the City Code. The licensee must either own the building in which the business is conducted or any approve off-site storage facility, or have a lease of the premises which extends for more than six (6) months.

5-2429 Penalties. In addition to sanctions that may be imposed against a licensee under this Chapter, any violation of this Chapter is a misdemeanor.

5-2430 Severability. If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other section or portions of sections of this Chapter. [Revised 11/17/98, Ordinance 1651]

 

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