City of Mission, KS
Johnson County
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Table of Contents
Table of Contents

Section 606.010 Legislative Findings.

[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.

Section 606.020 Definitions.

[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.

Section 606.030 Fees Levied.

[Ord. No. 1256 §2, 2-20-2008]
The license fees shall be set out in Section 103.050 of this Code.

Section 606.040 Licensed Required.

[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.

Section 606.050 Separation Requirements.

[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.

Section 606.060 Display of License.

[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.

Section 606.070 Right of City To Inspect Premises.

[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.

Section 606.080 Revocation.

[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.

Section 606.090 Penalty.

[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.