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K) Chapters 120 through 125 – Regulation of Business and Vocations

CHAPTER 120

LIQUOR LICENSES AND WINE AND BEER PERMITS

120.01 License or Permit Required 120.04 Action by Council
120.02 General Prohibition 120.05 Prohibited Sales and Acts
120.03   Investigation 120.06 Amusement Devices

120.01     LICENSE OR PERMIT REQUIRED.  No person shall manufacture for sale, import, sell, or offer or keep for sale, alcoholic liquor, wine, or beer without first securing a liquor control license, wine permit, or beer permit in accordance with the provisions of Chapter 123 of the Code of Iowa.

(Code of Iowa, Sec. 123.22, 123.122 & 123.171)

120.02     GENERAL PROHIBITION.  It is unlawful to manufacture for sale, sell, offer or keep for sale, possess or transport alcoholic liquor, wine or beer except upon the terms, conditions, limitations, and restrictions enumerated in Chapter 123 of the Code of Iowa, and a license or permit may be suspended or revoked or a civil penalty may be imposed for a violation thereof.

(Code of Iowa, Sec. 123.2, 123.39 & 123.50)

120.03     INVESTIGATION.  Upon receipt of an application for a liquor license, wine or beer permit, the Clerk may forward it to the Police Chief, who shall then conduct an investigation and submit a written report as to the truth of the facts averred in the application.  The Fire Chief may also inspect the premises to determine if they conform to the requirements of the City.  The Council shall not approve an application for a license or permit for any premises that does not conform to the applicable law and ordinances, resolutions, and regulations of the City.

(Code of Iowa, Sec. 123.30)

120.04     ACTION BY COUNCIL.  The Council shall either approve or disapprove the issuance of the liquor control license or retail wine or beer permit and shall endorse its approval or disapproval on the application, and thereafter the application, necessary fee and bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State Department of Commerce for such further action as is provided by law.

(Code of Iowa, Sec. 123.32[2])

120.05     PROHIBITED SALES AND ACTS.  A person or club holding a liquor license or retail wine or beer permit and the person’s or club’s agents or employees shall not do any of the following:

  1. Sell, dispense, or give to an intoxicated person, or one simulating intoxication, any alcoholic beverage.

(Code of Iowa, Sec. 123.49[1])

  1. Sell or dispense any alcoholic beverage on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday; however, a holder of a liquor control license or retail wine or beer permit granted the privilege of selling alcoholic liquor, wine, or beer on Sunday may sell or dispense alcoholic liquor, wine, or beer between the hours of 8:00 a.m. on Sunday and 2:00 a.m. of the following Monday, and further provided that a holder of any class of liquor control license or the holder of a class “B” beer permit may sell or dispense alcoholic liquor, wine, or beer for consumption on the premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday when that Monday is New Year’s Day and beer for consumption off the premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on the following Monday when that Sunday is the day before New Year’s Day.

(Code of Iowa, Sec. 123.49[2b] & 123.150)

  1. Sell alcoholic beverages to any person on credit, except with a bona fide credit card. This provision does not apply to sales by a club to its members, to sales by a hotel or motel to bona fide registered guests or to retail sales by the managing entity of a convention center, civic center, or events center.

(Code of Iowa, Sec. 123.49[2c])

  1. Employ a person under 18 years of age in the sale or serving of alcoholic beverages for consumption on the premises where sold.

(Code of Iowa, Sec. 123.49[2f])

  1. In the case of a retail wine or beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to wine, beer, or any other beverage in or about the permittee’s place of business.

(Code of Iowa, Sec. 123.49[2i])

  1. Knowingly permit any gambling, except in accordance with Iowa law, or knowingly permit any solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.

(Code of Iowa, Sec. 123.49[2a])

  1. Knowingly permit or engage in any criminal activity on the premises covered by the license or permit.

(Code of Iowa, Sec. 123.49[2j])

  1. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the Alcoholic Beverages Division of the State Department of Commerce and except mixed drinks or cocktails mixed on the premises for immediate consumption. However, mixed drinks or cocktails that are mixed on the premises and are not for immediate consumption may be consumed on the licensed premises, subject to rules adopted by the Alcoholic Beverages Division.

(Code of Iowa, Sec. 123.49[2d])

  1. Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package that has been reused or adulterated.

(Code of Iowa, Sec. 123.49[2e])

  1. Allow any person other than the licensee, permittee, or employees of the licensee or permittee to use or keep on the licensed premises any alcoholic liquor in any bottle or other container that is designed for the transporting of such beverages, except as allowed by State law.

(Code of Iowa, Sec. 123.49[2g])

  1. Sell, give, possess, or otherwise supply a machine that is used to vaporize an alcoholic beverage for the purpose of being consumed in a vaporized form.

(Code of Iowa, Sec. 123.49[21])

120.06     AMUSEMENT DEVICES.  The following provisions pertain to electrical or mechanical amusement devices possessed and used in accordance with Chapter 99B of the Code of Iowa.  (Said devices are allowed only in premises with a liquor control license or beer permit, as specifically authorized in said Chapter 99B.)

(Code of Iowa, Sec. 99B.57)

  1. As used in this section, “registered electrical or mechanical amusement device” means an electrical or mechanical device required to be registered with the Iowa Department of Inspection and Appeals, as provided in Section 99B.53 of the Code of Iowa.
  2. It is unlawful for any person under the age of 21 to participate in the operation of a registered electrical or mechanical amusement device.
  3. It is unlawful for any person owning or leasing a registered electrical or mechanical amusement device, or an employee of a person owning or leasing a registered electrical or mechanical amusement device, to knowingly allow a person under the age of 21 to participate in the operation of a registered electrical or mechanical amusement device.
  4. It is unlawful for any person to knowingly participate in the operation of a registered electrical or mechanical amusement device with a person under the age of 21.

° ° ° ° ° ° ° ° ° °

 

CHAPTER 121

CIGARETTE AND TOBACCO PERMITS

121.01 Definitions 121.06 Refunds
121.02 Permit Required 121.07 Persons Under Legal Age
121.03 Application 121.08 Self-Service Sales Prohibited
121.04 Fees 121.09 Permit Revocation
121.05 Issuance and Expiration  

121.01     DEFINITIONS.  For use in this chapter the following terms are defined:

(Code of Iowa, Sec. 453A.1)

  1. “Alternative nicotine product” means a product, not consisting of or containing tobacco, that provides for the ingestion into the body of nicotine, whether by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means. “Alternative nicotine product” does not include cigarettes, tobacco products, or vapor products, or a product that is regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.
  2. “Cigarette” means any roll for smoking made wholly or in part of tobacco, or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material. However, cigarette shall not be construed to include cigars.
  3. “Place of business” means any place where cigarettes, tobacco products. alternative nicotine products, or vapor products are sold, stored or kept for the purpose of sale or consumption by a retailer.
  4. “Retailer” means every person who sells, distributes or offers for sale for consumption, or possesses for the purpose of sale for consumption, cigarettes, alternative nicotine products, or vapor products, irrespective of the quantity or amount or the number of sales, or who engages in the business of selling tobacco, tobacco products, alternative nicotine products, or vapor products to ultimate consumers.
  5. “Self-service display” means any manner of product display, placement, or storage from which a person purchasing the product may take possession of the product, prior to purchase, without assistance from the retailer or employee of the retailer, in removing the product from a restricted access location.
  6. “Tobacco products” means the following: cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts or refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or for both chewing and smoking, but does not mean cigarettes.
  7. “Vapor product” means any noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance. “Vapor product” includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. “Vapor product” does not include a product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

121.02     PERMIT REQUIRED. 

  1. Retail Cigarette Permits. It is unlawful for any person, other than a holder of a retail permit, to sell cigarettes, alternative nicotine products, or vapor products at retail and no retailer shall distribute, sell, or solicit the sale of any cigarettes, alternative nicotine products, or vapor products within the City without a valid permit for each place of business.  The permit shall, at all times, be publicly displayed at the place of business so as to be easily seen by the public and the persons authorized to inspect the place of business.

(Code of Iowa, Sec. 453A.13)

  1. Retail Tobacco Permits. It is unlawful for any person to engage in the business of a retailer of tobacco, tobacco products, alternative nicotine products, or vapor products at any place of business without first having received a permit as a retailer for each place of business owned or operated by the retailer.

(Code of Iowa, Sec. 453A.47A)

A retailer who holds a retail cigarette permit is not required to also obtain a retail tobacco permit. However, if a retailer only holds a retail cigarette permit and that permit is suspended, revoked, or expired, the retailer shall not sell any tobacco, tobacco products, alternative nicotine products, or vapor products, during such time.

121.03     APPLICATION.  A completed application on forms furnished by the State Department of Revenue or on forms made available or approved by the Department and accompanied by the required fee shall be filed with the Clerk.  Renewal applications shall be filed at least five days prior to the last regular meeting of the Council in June.  If a renewal application is not timely filed, and a special Council meeting is called to act on the application, the costs of such special meeting shall be paid by the applicant.

(Code of Iowa, Sec. 453A.13 & 453A.47A)

121.04     FEES.  The fee for a retail cigarette or tobacco permit shall be as follows:

(Code of Iowa, Sec. 453A.13 & 453A.47A)

 

FOR PERMITS GRANTED DURING: FEE:
July, August or September $ 75.00
October, November or December $ 56.25
January, February or March $ 37.50
April, May or June $ 18.75

121.05     ISSUANCE AND EXPIRATION.  Upon proper application and payment of the required fee, a permit shall be issued.  Each permit issued shall describe clearly the place of business for which it is issued and shall be nonassignable.  All permits expire on June 30 of each year.  The Clerk shall submit a duplicate of any application for a permit to the Alcoholic Beverages Division of the Department of Commerce within 30 days of issuance of a permit.

121.06     REFUNDS.  A retailer may surrender an unrevoked permit and receive a refund from the City, except during April, May, or June, in accordance with the schedule of refunds as provided in Section 453A.13 or 453A.47A of the Code of Iowa.

(Code of Iowa, 453A.13 & 453A.47A)

121.07     PERSONS UNDER LEGAL AGE.  No person shall sell, give, or otherwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under 18 years of age.  The provision of this section includes prohibiting a minor from purchasing tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes from a vending machine.  If a retailer or employee of a retailer violates the provisions of this section, the Council shall, after written notice and hearing, and in addition to the other penalties fixed for such violation, assess the following:

  1. For a first violation, the retailer shall be assessed a civil penalty in the amount of $300.00. Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of 14 days.
  2. For a second violation within a period of two years, the retailer shall be assessed a civil penalty in the amount of $1,500.00 or the retailer’s permit shall be suspended for a period of 30 days. The retailer may select its preference in the penalty to be applied under this subsection.
  3. For a third violation within a period of three years, the retailer shall be assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be suspended for a period of 30 days.
  4. For a fourth violation within a period of three years, the retailer shall be assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be suspended for a period of 60 days.
  5. For a fifth violation within a period of four years, the retailer’s permit shall be revoked.

The Clerk shall give 10 days’ written notice to the retailer by mailing a copy of the notice to the place of business as it appears on the application for a permit. The notice shall state the reason for the contemplated action and the time and place at which the retailer may appear and be heard.

(Code of Iowa, Sec. 453A.2, 453A.22 and 453A.36[6])

121.08     SELF-SERVICE SALES PROHIBITED.  Except for the sale of cigarettes through a cigarette vending machine as provided in Section 453A.36[6] of the Code of Iowa, a retailer shall not sell or offer for sale tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes through the use of a self-service display.

(Code of Iowa, Sec. 453A.36A)

121.09     PERMIT REVOCATION.  Following a written notice and an opportunity for a hearing, as provided by the Code of Iowa, the Council may also revoke a permit issued pursuant to this chapter for a violation of Division I of Chapter 453A of the Code of Iowa or any rule adopted thereunder.  If a permit is revoked, a new permit shall not be issued to the permit holder for any place of business, or to any other person for the place of business at which the violation occurred, until one year has expired from the date of revocation, unless good cause to the contrary is shown to the Council.  The Clerk shall report the revocation or suspension of a retail permit to the Alcoholic Beverages Division of the Department of Commerce within 30 days of the revocation or suspension.

(Code of Iowa, Sec. 453A.22)

° ° ° ° ° ° ° ° ° °

 

CHAPTER 122

PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

122.01 Purpose 122.07 Permission Not Transferable
122.02 Definitions 122.08 Time Restriction
122.03 Permission Required 122.09 Revocation
122.04 Permission Requirements 122.10 Effect of Revocation
122.05 Transient Merchant Bond 122.11 Exemptions
122.06 Permission Granted 122.12 Charitable and Nonprofit Organizations

122.01    PURPOSE. The purpose of this chapter is to protect residents of the City against fraud, unfair competition and intrusion into the privacy of their homes by approving and regulating peddlers, solicitors and transient merchants.

122.02    DEFINITIONS. For use in this chapter the following terms are defined:

  1. “Peddler” means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon the public street.
  2. “Solicitor” means any person who solicits or attempts to solicit from house to house or upon the public street any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date.
  3. “Transient merchant” means any person who engages in a temporary or itinerant merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle that is parked anywhere within the City limits. Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as a part of, or in the name of any local merchant, dealer, trader or auctioneer does not exempt any person from being considered a transient merchant.

122.03    PERMISSION REQUIRED. Any person engaging in peddling, soliciting or in the business of a transient merchant in the City without first obtaining permission from the City as herein provided is in violation of this chapter.

122.04    PERMISSION REQUIREMENTS. Permission to conduct business in the City should be requested from the Clerk by informing the Clerk of the applicant’s name, permanent and local address and business address, if any, the applicant’s employer, if any, and the employer’s address, the nature of the applicant’s business, the last three places of such business and the length of time said business will be conducted in the City. 

122.05    TRANSIENT MERCHANT BOND. Before permission under this chapter is given to a transient merchant, an applicant shall provide to the Clerk evidence that such person has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.

122.06    PERMISSION GRANTED. If the Clerk finds the requested information to be complete, the facts stated to be correct and the application fee paid, permission to conduct business shall be granted immediately.

122.07    PERMISSION NOT TRANSFERABLE. Permission granted under the provisions of this chapter is not transferable in any situation and is to be applicable only to the person requesting the Clerk’s approval.

122.08    TIME RESTRICTION. All peddlers and solicitors shall conduct business in the City for which approval has been given only between the hours of 8:00 a.m. and 6:00 p.m. from the first day of June to the first day of November and from 8:00 a.m. to 5:00 p.m. from the first day of November to the first day of June.

122.09    REVOCATION. After notice to the peddler, solicitor or transient merchant, the Clerk may revoke permission to do business under this chapter for the following reasons:

  1. Fraudulent Statements. The said peddler, solicitor or transient merchant has made fraudulent statements in the request for permission or in the conduct of the business.
  2. Violation of Law. Said peddler, solicitor or transient merchant has violated this chapter or has otherwise conducted the business in an unlawful manner.
  3. Endangered Public Welfare, Health or Safety. The said peddler, solicitor or transient merchant has conducted the business in such manner as to endanger the public welfare, safety, order or morals.

122.10    EFFECT OF REVOCATION. Revocation of any approval shall bar the peddler, solicitor or transient merchant from being eligible to do business under this chapter for a period of one year from the date of revocation.

122.11    EXEMPTIONS. The following are excluded from the application of this chapter.

  1. Persons delivering, collecting for, or selling subscriptions to newspapers.
  2. Club Members. Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America, and similar organizations.
  3. Local Residents and Farmers. Local residents and farmers who offer for sale their own products.
  4. Students representing the Belle Plaine Community School District conducting projects sponsored by organizations recognized by the school.
  5. Route Sales. Route delivery persons who only incidentally solicit additional business or make special sales.
  6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.

122.12    CHARITABLE AND NONPROFIT ORGANIZATIONS. Authorized representatives of charitable or nonprofit organizations operating under the provisions of Chapter 504 of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 122.03 and 122.04.   All such organizations or individuals are required to submit in writing to the Clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, and the period during which such activities are to be carried on.

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CHAPTER 123

PUBLIC DANCE HALLS

123.01 Purpose 123.03 Duty to Provide Security Person
123.02 Definitions 123.04 Penalty

123.01     PURPOSE.  The purpose of this chapter is to assure the protection and maintenance of public health, safety, and welfare in the operation of public dance halls.

123.02     DEFINITIONS. For use in this chapter the following terms are defined:

  1. “Open to the public” means a place in which dancing is engaged in or performed and to which the general public is admitted or in attendance; it does not include places that the general public is not free to enter and to which admittance is restricted to members of a group, a fraternal organization, or a religious or educational group.
  2. “Dance” or “dancing” means and includes all ballroom, go-go, and exhibition dancing.
  3. “Public dance hall” means any place in which dancing is engaged in or performed, even though the operator holds licenses as required by the State law for the sale of food or the sale of beer or liquor.

123.03     DUTY TO PROVIDE SECURITY PERSON.  At all times during the hours when dancing is permitted, the operator of a public dance hall shall, at said person’s own expense, provide for attendance of a security person whose purpose is to maintain law and order on the premises and to provide for the public peace; such security person may be a reserve peace officer as defined by Chapter 80D of the Code of Iowa, a member of the reserve police force, or any person specially deputized for this purpose by the Police Chief.  Such security person shall at all times while so employed wear for display a badge or other insignia providing identification.

123.04     PENALTY. Any violation of the provisions of this chapter shall be a misdemeanor, punishable in accordance with Chapter 4 of this Code of Ordinances.

° ° ° ° ° ° ° ° ° °

 

CHAPTER 124

AMATEUR FIGHTING AND BOXING

124.01 Purpose 124.03 Amateur Boxing and Exhibition or “Ultimate”
124.02 Definition Fighting Prohibited
  124.04 Violation

124.01     PURPOSE.  The purpose of this chapter is to prohibit amateur boxing and exhibition or “ultimate” fighting within the City limits.

124.02     DEFINITION.  “Amateur boxing and exhibition or ‘ultimate’ fighting match” means an organized event where the primary practice involves individuals engaged in physical contact by striking an opponent with hands, head, feet, or body.  It is a boxing, wrestling, mixed martial arts fighting, extreme fighting, ultimate fighting or shoot fighting match, contest, event or exhibition for which the contestants are not paid or are not awarded a prize for their participation.

124.03     AMATEUR BOXING AND EXHIBITION OR “ULTIMATE” FIGHTING PROHIBITED.

  1. The City Council finds the practice of amateur boxing and exhibition or “ultimate” fighting is dangerous and puts the public health, safety, and welfare at great risk.
  2. It is unlawful in any public building or place or private building or place to permit the practice of exhibition or “ultimate” fighting as defined above.
  3. Officially sanctioned and regulated boxing and wrestling and team sports in which physical contact is incidental to the primary purpose of the game such as basketball, football, wrestling, volleyball, soccer, baseball, and softball are not included among activities prohibited by this chapter.

124.04     VIOLATION.  Any violation of the provisions of this chapter shall be a simple misdemeanor, punishable in accordance with Chapter 4 of this Code of Ordinances.

° ° ° ° ° ° ° ° ° °

 

CHAPTER 125

PAWNBROKERS

125.01 Purpose 125.11 Suspension and Revocation
125.02 Definitions 125.12 Records Kept
125.03 License Required 125.13 Prohibited Transactions
125.04 Eligibility for Pawnbroker’s License 125.14 Time to Redeem
125.05 Conditions for Approval of License 125.15 Unlawful to Operate without License
125.06 Application for License 125.16 Searching for Stolen Property
125.07   Investigation of the Applicant 125.17 Examination of Premises by Officers
125.08 Simplified Application for Renewal 125.18 Disposing of Stolen Goods or Goods for Which
125.09 Bond There Is an Adverse Claim
125.10 Nature of License or Permit 125.19 Violation

125.01     PURPOSE.  The purpose of this chapter is to provide for administration of licenses and permits and for local regulation and procedures for the conduct of a pawnbroker’s business for the protection of the safety, moral, and general welfare of the City.

125.02     DEFINITIONS.  The following terms are defined for use in this chapter:

  1. “Pawnbroker” means any person who loans money on deposit or pledge of personal property or other item of value, or who deals in the purchasing of personal property or other items of value, on condition of selling the same back at a stipulated price or who receives actual possession of personal property as security for loans, with or without a bill of sale.
  2. “Person of good moral character” means any person who meets all of the following requirements:
  3. Has financial standing and good reputation as will satisfy the Council that said person will comply with all Iowa laws and ordinances of the City applicable to said person’s operation.
  4. Has not had a pawnbroker’s license revoked within the last two years.
  5. Is a citizen of the United States and a resident of Iowa, or licensed to do business in Iowa, in the case of a corporation.
  6. Has not been convicted of a felony. However, if this conviction occurred more than five years before the date of the application for a license or permit, and if said person’s rights of citizenship have been restored by the Governor, the Council may determine that the person is of good moral character notwithstanding such conviction.

If the licensee is a corporation or partnership, the requirements of this subsection shall apply to each of the officers, directors, or partners and to any person who directly or indirectly owns or controls 10 percent or more of any class of stock of such corporation or has an interest of 10 percent or more in the ownership or profit of such business. For purposes of this provision, an individual and spouse shall be regarded as one person.

125.03     LICENSE REQUIRED.  Before engaging in business, a pawnbroker shall apply for and obtain a license from the City, which must be renewed by the licensee annually, provided said licensee remains qualified.  The initial license fee is $200.00 and the renewal fee is $50.00.

125.04     ELIGIBILITY FOR PAWNBROKER’S LICENSE.  Upon meeting any requirements imposed by State law and the ordinances of the City, a person who is of good moral character as defined by State law and this chapter may apply for a pawnbroker’s license.  In the case of a corporation or partnership, the officers of the corporation or the partners of a partnership shall be persons of good moral character as defined by State law and this chapter.

125.05     CONDITIONS FOR APPROVAL OF LICENSE.  An applicant for a pawnbroker’s license, as a further condition for approval, must give consent in writing on the application that members of the Fire and Police Departments, other law enforcement agencies, and the City Administrator may enter upon the premises without warrant to inspect for violations of the provisions of State law or the ordinances of the City.

  1. No pawnbroker’s license shall be approved for any premises which does not conform to all applicable laws, ordinances, resolutions, and health and fire regulations.
  2. All licenses provided for in this chapter shall be displayed in a conspicuous place on the premises of the holder of the license and shall at all times be subject to inspection.
  3. No pawnbroker’s shop shall be operated in conjunction with or share a common exterior access with any arcade, coin-operated amusement center or other establishment housing or using coin-operated amusement devices open or available to minors except machines clearly marked for retail sale and when used only for demonstration purposes to potential buyers.
  4. No alcoholic liquor, alcoholic beverage, or intoxicating liquor shall be sold, consumed, or kept on the premises of the holder of a pawnbroker’s license and no pawnshop shall be established or maintained upon or within any premises or building in which it shares a common access or entrance with any establishment selling or serving alcoholic beverages or holding a liquor control license or beer or wine permit.

125.06     APPLICATION FOR LICENSE.  The application for a pawnbroker’s license shall be in writing on a form provided by the Clerk and subscribed and sworn to by one of the owners, setting forth the name of each person who is owner of said business or, if a corporation, the names of the officers and directors of the corporation, and the principal place of business thereof, stating the name and address of the manager, the address of the business location and such other information as may be required in order, to investigate the good character of the applicant.

125.07     INVESTIGATION OF THE APPLICANT.  Upon receipt of an original application for a pawnbroker’s license by the Clerk, it shall be forwarded to the Police Chief, who shall conduct an investigation and shall submit a written report on the application and a recommendation to the Council as to the approval of the license.  It shall be the duty of the City Administrator to determine if they conform to the requirements of the City relative to the Building and Zoning Codes and no license shall be approved until or unless an approving report has been filed with the Council by such officials.

125.08     SIMPLIFIED APPLICATION FOR RENEWAL.  Upon receipt of an application for the renewal of a pawnbroker’s license, it shall be forwarded to the Police Chief, who shall conduct an investigation and shall submit a written report on the application as to the truth of the facts answered in the application and a recommendation to the Council as to approval of the license or permit.

125.09     BOND.  No pawnbroker’s license shall be issued until a bond, for the period said license is in effect, is filed, which bond shall be in the penal sum of $2,000.00, conditioned that said business will be conducted in accordance with the provisions of this chapter and the laws of the State, and that such pawnbroker will account for and deliver to any person legally entitled thereto any goods, wares, or merchandise or other items of value, which may have come into said person’s hands in such business as pawnbroker, or in lieu thereof, that said person will pay money to the person entitled thereto for the reasonable value thereof.

125.10     NATURE OF LICENSE OR PERMIT.  A pawnbroker’s license is a purely personal privilege and is revocable for cause.  It shall not constitute property or be subject to attachment and execution or be alienable or assignable and in any case it shall cease upon the death of the licensee.  However, the Council may allow the executor or administrator of a license to operate the business of the decedent for a reasonable time not to exceed the expiration date of the license.  Every license shall be issued in the name of the applicant setting forth the location on which the business is located and no person holding a license shall allow any other person to use the same or operate the business on any other location.

125.11     SUSPENSION AND REVOCATION.  A pawnbroker’s license may be suspended for a period up to one year or revoked by the Council following notice to the licensee and hearing by the Council, for good cause, upon finding of any of the following causes:

  1. Misrepresentation of any material fact in the application of such license.
  2. Any change in the ownership or interest in the business operated under a pawnbroker’s license, which change was not previously reported and approved by the Council.
  3. Any event which would have resulted in disqualification from receiving such license or permit when originally issued.
  4. The failure or refusal on the part of the licensee to render any report or permit any inspection required by this chapter.
  5. A finding by the Council after hearing that such business is being managed, conducted, or maintained in a manner that is detrimental to the public health, morals, or welfare.

125.12     RECORDS KEPT.  Every pawnbroker shall keep a book in which shall be plainly written, at the time of each loan, purchase or sale, an accurate account or description in the English language of the goods, articles, or items pawned, pledged, purchased or sold, the amount of money loaned or paid therefor, the date and hour received, and the time when the article is to be redeemed or bought back, and the name, copy of photo ID and issuing agency, residence, social security number, or driver’s license number, sex, race, hair color, eye color, date of birth, and height of the person pawning, pledging, selling or purchasing the same, which book, plus the pawned or purchased articles, shall at all reasonable times be open to the inspection of any law enforcement officer.  Every pawnbroker purchasing or receiving on deposit for loan any article of personal property or other item of value shall give to the person selling, depositing or purchasing the same a plainly written or printed ticket or receipt therefor, showing the terms of said sale or loan, and a copy of the entry in the book required herein to be kept.  However, no pawnbroker shall be required to furnish such information with reference to property purchased from merchants, manufacturers, or bona fide wholesale dealers having an established place of business when such property or goods are accompanied by a bill of sale or invoice, which must be shown to any law enforcement officer upon demand.  Also, no pawnbroker shall be required to furnish a record with reference to property sold at retail with a value of less than $50.00.  Every pawnbroker shall require each person from whom any property is purchased or received to print and sign his or her name on an inventory sheet provided by the Police Chief.  The inventory sheet shall be the property of the City.  Any person shall be guilty of a misdemeanor or municipal infraction who shall:

  1. Fail to keep such record.
  2. Fail to make the required entries therein.
  3. Intentionally or knowingly make any false or unintelligible entry or any entry which said person has reason to believe is untrue.
  4. Fail to make the inquiries necessary to enable said person to make such entries or any of them.
  5. Fail to produce the license or book when requested by a law enforcement officer.
  6. Destroy or negligently permit such book or record to be destroyed, damaged, rendered unintelligible or lost.
  7. Fail to require any person to show physical proof of that person’s identification.

125.13     PROHIBITED TRANSACTIONS.  It is unlawful for any pawnbroker to purchase or receive any property, goods, or other items of value from any minor or from any person who, at the time of making the transaction, is under the influence of intoxicating drugs or liquor, or from any feebleminded person or person of unsound mind.

125.14     TIME TO REDEEM.  No pawnbroker shall sell or dispose of any pawned or pledged article until the same shall remain in said pawnbroker’s possession for 30 days after the pledge or deposit thereof, and the same may be redeemed by the depositor or pledger at any time within said 30 days.

125.15     UNLAWFUL TO OPERATE WITHOUT LICENSE.  It is unlawful for any person to engage in business of a pawnbroker or to maintain a sign usually known as a pawnbroker’s sign, such as three balls, or in any manner to advertise to loan money on pledge or deposit of personal property or any other item of value without first having applied for and obtained a pawnbroker’s license and without having complied with the regulations regarding signs in this Code of Ordinances.

125.16     SEARCHING FOR STOLEN PROPERTY.  Whenever any law enforcement officer shall have reason to believe that any pawnbroker has in his or her possession or on the premises any stolen property, said law enforcement officer shall have the right and duty to enter and search the premises of such person for the purpose of discovering stolen property.

125.17     EXAMINATION OF PREMISES BY OFFICERS.  No pawnbroker or any other person shall refuse, resist, or attempt to prevent any law enforcement officer, with or without warrant, from examining the premises occupied by the pawnbroker for the purpose of discovering stolen property.

125.18     DISPOSING OF STOLEN GOODS OR GOODS FOR WHICH THERE IS AN ADVERSE CLAIM.  No pawnbroker shall sell or permit to be redeemed or otherwise dispose of any article which said pawnbroker has reason to believe has been stolen or which is adversely claimed by any person, or which the pawnbroker has been notified not to sell, release or otherwise dispose of by any law enforcement officer without first obtaining written permission to do so from the Police Chief.

125.19     VIOLATION.  Any violation of this chapter shall be considered a municipal infraction punishable in accordance with Chapter 4 of this Code of Ordinances.

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