No owner or operator shall engage in or carry on the operation
of a pawnbroker, secondhand dealer, or junk dealer business without
first obtaining and maintaining a valid business license issued by
the Township pursuant to this article for each separate office, or
place of business conducted by such owner or operator.
Any owner or operator desiring a pawnbroker, secondhand dealer
or junk dealer or business license shall file a written application
with the Township on a form to be furnished by the Township. The applicant
shall accompany the application with the correct license fee, which
fee shall not be refundable, and shall furnish the following information:
(1)
Type of ownership of the business, i.e., whether individual, partnership,
corporation, or otherwise, including copies of the most recent annual
statement and most recent Articles of Incorporation, Partnership Agreement,
Articles of Organization, or other applicable document.
(2)
The name, style and designation under which the business or practice
is to be conducted, including each address at which the business is
to be conducted.
(3)
A complete list of the names, resident addresses, birth dates, and
drivers' license numbers, if applicable, of all owners and employees
in the business, identifying where applicable, any employees who will
manage or be in charge of the operation of the business at any time.
(4)
The following personal information concerning the applicant and owners,
if an individual; concerning each stockholder, officer, or director
if a corporation; concerning each member, if a limited liability company;
concerning the partners, including general and limited partners, if
a partnership; and concerning the manager or other person principally
in charge of the operation of the business:
a.
Name, address and telephone number, date of birth and driver's
license number, if applicable.
b.
Two previous addresses prior to the present address of the applicant.
c.
Written proof showing date of birth.
d.
Height, weight, color of hair, eyes and sex.
e.
Two front-faced portrait photographs taken within 30 days of the
date of application, at least two inches by two inches in size;
f.
A full, accurate and complete business history detailing experience,
including, but not limited, whether or not such person has previously
had any ownership interest in, or worked at, in this or another city
or state, the same or similar business, including whether any license
or permit issued, whether any such license or permit was ever denied,
revoked, or suspended, the reason thereof and business activities
or occupations, including the full name and address of the business
and the name and phone number of any contact persons.
g.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which such conviction occurred,
the offense for which convicted, or such conviction and the circumstances
thereof.
h.
Complete set of fingerprints taken and to be retained on file by
the Chief of Police, or his or her authorized representative.
(5)
Authorization for the Township, its agents and employees to seek
information and conduct an investigation to the truth of the statements
set forth in the application and qualifications of the applicant.
(6)
The names and addresses of three adult residents in the county who
will serve as character references, who must be persons other than
relatives and business associates.
(7)
A written declaration by the applicant under penalty of perjury that
the information contained in this application is true and correct
with such declaration dated and signed in the Township.
(8)
Execution of any and all necessary documents and a statement indicating
that proper equipment will be installed for the direct electronic
entry into the Charter Township of Chesterfield's computerized
system, transaction information, or recording by electronic transmission
pursuant to this article.
(a)
Upon receipt of an application for a pawnbroker, secondhand dealer,
or junk dealer business license, the Township shall refer application
to the Chesterfield Township Chief of Police, or his designee who
shall conduct an investigation into the applicant's moral character,
personal and criminal history. A personal interview may be required
and such further information, identification and physical examination
of the person and proposed business premises and records of the applicant
as shall bear on the investigation.
(b)
The Chief of Police or his designee shall conduct an investigation
of the premises where the business is to be carried on for the purpose
of ensuring that the premises comply with all requirements set forth
in this article and with ordinances of the Township relating to public,
health, safety and welfare. Additionally, no applicant's license
shall be considered as issued until all equipment is installed and
demonstrated to be operating for the electronic transmission of information
relating to transactions as required pursuant to this article.
(c)
An applicant shall submit to lawful inspections by the Township and
any of its departments, as well as the county and any other governmental
agencies as necessary to insure that the proposed business and applicant
comply with applicable laws, ordinances and regulations of the Township.
An application may be refused for submission for approval to the Township
Board until a report from applicable departments is received and information
furnished such that the applicant or proposed premises comply with
all applicable laws, ordinances and regulations.
(d)
Before issuance of any license, the Chief of Police or his designee
shall submit within 45 days of receipt of an application a report
of investigations, inspections and a recommendation for approval or
denial.
(a)
The Township, upon receipt of an application for a license required
by this article and reports and recommendations of the Chief of Police
or his designee, shall place the application upon the agenda for the
next regularly scheduled Board meeting, provided that such meeting
date is not less than seven days from the date of receipt of such
application by the Township Clerk. If it is less than seven days from
such receipt, such application shall be placed upon the agenda for
the following regular meeting of the Township Board. The Board shall
determine whether or not such license shall issue, after reviewing
the reports of investigation and inspection and recommendation by
the Chief of Police or his designee and other employees. The Board
shall direct that a license be issued within 14 days, provided that
in addition, electronic transmission is demonstrated to be capable
unless it finds that:
(1)
The correct fee has not been tendered or any fee in the form
of check or draft has been dishonored.
(2)
The operation as proposed is not compliant with the applicable
laws, including but not limited to the Township's building, fire,
zoning and health ordinances.
(3)
The applicant or any person having an ownership interest in
any entity which is the applicant, or a manager, has been convicted
of any crime involving moral turpitude, including but not limited
to prostitution and pandering, gambling, extortion, fraud, criminal
usury, controlled substances, weapons, assault, theft unless such
conviction occurred at least 15 years prior to the date of application.
(4)
The applicant has knowingly made any false misleading or fraudulent
statement of fact in the permit application, or in any document required
by the Township.
(5)
The applicant has had a similar business license, or other similar
permit, or license denied, revoked, or suspended for any of the causes
set forth herein above in the article, or any other state or local
agency within the prior 15 years to the date of application.
(6)
The applicant or any owner is not 18 years of age or older.
(b)
The Board, if it denies an application, shall specify the grounds
for denial, notifying the applicant by regular mail, addressed to
the addresses furnished in the application which notice shall specify
the grounds for denial.
(a)
Within 20 days of the date of denial of an application, the applicant
may request in the form of a written application to the Township,
furnished to the Township Clerk, a hearing before the Township Board
for reconsideration of the license application denial, or for a variance
of any of the provisions of this article, which provision constituted
grounds for the original denial of the application. Such hearings
shall be conducted as follows:
(1)
The applicant and his or her attorney, may present and submit
evidence on the applicant's behalf to show that the grounds for
the original denial do not exist or are inaccurate.
(2)
After reviewing the evidence, the Township Board shall determine
whether to uphold the denial or grant the application.
(3)
The applicant and his or her attorney may present a statement
and adequate evidence, demonstrating that:
a.
Exceptional or extraordinary circumstances or conditions apply
to the business referred to in the appeal submitted, which circumstances
or conditions do not apply generally to any proposed business which
warrants the issuance of the application, notwithstanding conformity
to the article.
b.
That the granting of such license will not materially affect
the health, safety or welfare of persons residing or working in the
neighborhood, patrons or the public at large and that such issuance
shall not be a material detriment or injurious to public welfare.
(c)
The Township Board may impose reasonable conditions, if the license
is approved for issuance.
(a)
Every licensee shall permit all reasonable inspections of the business
premises, including during regular business hours and otherwise after
regular business hours and shall at all times comply with all applicable
laws, including after expiration of any license and during any period
the license may be revoked or suspended.
(b)
Any licensee shall display the license in an open and conspicuous
place on the premises visible to the patrons of the premises.
(c)
During the pendency of any application, or during the term of any
license, if any information provided in the application changes, such
change of information shall be furnished in writing to the Chief of
Police, or his designee within 72 hours after such change.
