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Town of Carrollton, MO
Carroll County
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Table of Contents
Table of Contents
[1]
Editor's Note: Sections 605.010 through 605.120 were placed in Article I, Generally, with the inclusion of Ord. No. 2018-1271 as Article II herein. All former references to "this Chapter" were changed to "this Article."
[Ord. No. 882 § 1, 4-18-1978]
A license shall be required, except as hereinafter set forth in Section 605.080, whenever any person desirous of establishing a business or establishment for the maintenance, operation or conduct of any business or occupation whether or not doing business as a person, or whenever anyone holds himself forth as being engaged in the business or occupation or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation within the Town of Carrollton.
[Ord. No. 1164 § 07.220, 3-2-2015]
No person, either as principal or agent, shall pursue, conduct, carry on or operate within the Town any calling, trade, business, vocation, occupation, or profession for which a license is required under this Article without first paying the license fee fixed by this Article, and obtaining the license as required and prescribed.
[Ord. No. 882 § 2, 4-18-1978; Ord. No. 882-2 § 4, 4-17-2000]
A. 
Applications for all licenses and permits required by ordinance shall be made to the Financial Assistant or other designated person of collection of the Town of Carrollton. Each applicant shall supply the name of the applicant, the permit or license desired, the location to be used, if any, time covered, and acknowledgement of the amount of fee to be paid; the applicant shall supply such additional information as may be needed for the proper guidance of the Town Officials in the issuing of the permit or license applied for.
B. 
The possession of a retail sales license and a statement from the Department of Revenue that the licensee owes no tax due under Sections 144.010 to 144.510, RSMo., or Sections 143.191 to 143.261, RSMo., shall be a prerequisite to the issuance or renewal of any Town or County occupation license or any State license which is required for conducting any business where goods are sold at retail. The date of issuance on the statement that the licensee owes no tax due shall be no more than ninety (90) days before the date of submission for application or renewal of the Town or County license. The revocation of a retailer's license by the Director of Revenue shall render the occupational license or the State license null and void.
C. 
In addition to the provisions of Subsection (B) of this Section, the possession of a statement from the Department of Revenue stating no tax is due under Sections 143.191 to 143.265, RSMo., or Sections 144.010 to 144.510, RSMo., shall also be a prerequisite to the issuance or renewal of any Town or County occupation license or any State license required for conducting any business where goods are sold at retail. The statement of no tax due shall be dated no longer than ninety (90) days before the date of submission for application or renewal of the Town or County license.
[Ord. No. 882 § 3, 4-18-1978; Ord. No. 882-2 § 4, 4-17-2000]
Forms for all licenses and permits and applications shall be prepared and kept in file by the Financial Assistant or other designated person of collection.
[Ord. No. 882 § 4, 4-18-1978; Ord. No. 882-2 § 4, 4-17-2000]
Each license or permit issued shall bear the signatures of the Town Clerk and the Financial Assistant or other designated person of collection.
[Ord. No. 882 § 5, 4-18-1978; Ord. No. 882-2 § 3, 4-17-2000]
The fee shall be twenty seven dollars and fifty cents ($27.50) annually for all licenses. If a new business establishing within the Town limits desires to open after January 1st, the one-time original fee for their first license shall be thirteen dollars and seventy five cents ($13.75). Following, their annual fee as of June 30 will be twenty seven dollars and fifty cents ($27.50). There shall be no other pro-rating.
[Ord. No. 882 § 6, 4-18-1978; Ord. No. 882-2 § 4, 4-17-2000]
The location of any licensed business or occupation or of any permitted act may be changed, provided notice thereof is given to the Financial Assistant or other designated person of collection.
[Ord. No. 882 § 7, 4-18-1978]
No business licensed or not shall be so conducted or operated as to amount to a nuisance.
[Ord. No. 882 § 8, 4-18-1978; Ord. No. 882-1 § 2, 8-4-1997]
A. 
There shall be one classification of exemption from the provisions of this Article, which description shall be as follows:
1. 
Class 1. Persons under the age of eighteen (18) years who operate their business or service in a casual manner or for support while in school or college.
[Ord. No. 882 § 9, 4-18-1978]
Any license or permit may be revoked by the Mayor for a limited time, to be determined by the Mayor, at any time during the life of such license or permit for any violation by the licensee or permittee of any ordinance, provisions of this Article, or any related ordinance relating to the license or permit, the subject matter of the license or permit or to the premises occupied.
[Ord. No. 882 § 10, 4-18-1978]
It shall be the duty of any person conducting a licensed business in the Town to keep his/her license posted in a prominent place on the premises used for such business at all times.
[Ord. No. 882 § 11, 4-18-1978]
The provisions of this Article are in addition to and are not mutually exclusive from provisions for permits or licenses pertaining to sale or consumption of alcoholic beverages, operation of lounges, and cigarette taxes, as well as any other subject matter which may require special permit by order of the Council of the Town of Carrollton.
[Ord. No. 882-3 § 1, 10-20-2014]
No person, either as principal or agent, shall pursue, conduct, carry on or operate within the Town any calling, trade, business, vocation, occupation or profession for which a license is required under this Article without paying the license fee fixed by this Article, and obtaining the license as required and prescribed by this Article. The penalty for a failure to obtain the license as required shall be a statuary penalty of a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or both such fine or imprisonment, as may be just for any offense, recoverable with the cost of suit. Each act of violation and each day upon which a violation occurs or continues shall constitute a separate offense.
[Ord. No. 2018-1271, 3-19-2018[1]]
This Article will be known as the "Pawnshop Code" and may be cited as such, and will be referred to in this Article as the "code."
[1]
Editor's Note: We also redesigned all former Sections of Chapter 605 to a newly created Article I, Generally, in order to separate the regulations enacted by Ord. No. 2018-1271.
[Ord. No. 2018-1271, 3-19-2018]
A. 
Requiring a clean, healthy and safe environment in which business may be conducted.
B. 
Promoting professionalism and prohibiting illegal acts.
C. 
Requiring insurance coverage.
D. 
Enabling authorities to collect information that will assist law enforcement officials with investigations of stolen property.
E. 
Providing an annual license fee to partially cover the expenses associated with the background investigation and review and processing of reports.
[Ord. No. 2018-1271, 3-19-2018]
Every pawnshop establishment shall conform to the requirements of this code, irrespective of when such pawnshop started business within the City limits.
[Ord. No. 2018-1271, 3-19-2018]
If any part of this Article should be declared invalid for any reason, such decisions shall not affect the remaining portions of this code.
[Ord. No. 2018-1271, 3-19-2018]
For the purpose of this code, the following words and phrases shall have the following interpretation and/or meanings.
ANTIQUE DEALER
Those who sell relics or objects of an earlier period which are considered valuable and the value of which is based on age.
PAWNBROKER
Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
PAWNSHOP
The location at which or premises in which a pawnbroker conducts business.
PERSON
Any individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized.
PLEDGED GOODS
Tangible personal property which is deposited or otherwise actually delivered into possession of a pawnbroker in the course of his/her business in connection with a pawn transaction.
SECURED PERSONAL CREDIT LOAN
Every loan of money made in this State, the payment of which is secured by a security interest in tangible personal property which is physically delivered into the hands of the lender at the time of the making of the loan and which is to be retained by the lender while the loan is a subsisting obligation.
VALUE
The fair market value of the article at the time and place of the acquisition of the article by the dealer, or, where no reasonable monetary value can be ascertained, the cost of replacement of the article. It is expressly provided that value, as used in this code, shall not be determined by the cost of the article as paid by the dealer.
[Ord. No. 2018-1271, 3-19-2018]
A. 
It shall be unlawful for any person, organization or corporation within the City limits to act as agent for or cause the solicitation, advertising or promotion, or participate directly or indirectly in or for the operation of a pawnshop without first obtaining an occupational license issued by the City. No such license shall be issued unless the pawnshop, or any person, organization or corporation engaged in the activity of such establishment fully complies with the provisions of this code, regardless of the location of such establishment or place where such activity is conducted. The occupational license shall be applied for at least fourteen (14) days prior to the start of business.
B. 
It shall be further unlawful for any person, organization or company within the City limits to participate directly or indirectly in or for the operation of business activity under a different name or designation than those herein specified but for the purpose of carrying out activity or activities defined in this code.
[Ord. No. 2018-1271, 3-19-2018]
A. 
No person shall carry on the business of pawnbroker within the limits of Carrollton, Missouri, without obtaining a license therefore. The annual pawnshop license fee for the operation of a pawnshop shall be two hundred fifty dollars ($250.00) per year.
B. 
The applicant must have net assets of at least one hundred thousand dollars ($100,000.00) readily available for the use in conducting business as a pawnshop. If the City is unable to verify that the applicant meets the net assets required, the applicant must present a finding, including the presentation of a current balance sheet, by an independent certified public accountant that the accountant has reviewed the books and records of the applicant and the applicant meets the net assets requirement of this code.
C. 
No owner, manager, or employee shall have a felony or misdemeanor conviction which directly relates to the duties and responsibilities of the occupation of pawnbrokers or otherwise makes the applicant presently unfit to own, run or be employed in a pawnshop.
D. 
Every person to whom a license shall be granted to carry on the business of a pawnbroker shall enter into a bond to the City, with good and sufficient security to be approved by the City Mayor, in the penal sum of one thousand dollars ($1,000.00), conditioned for the due observance of this code and all ordinances that may be passed or be enforced regarding pawnbrokers, at any time during the continuance of any such license.
E. 
A minimum of one million dollars ($1,000,000.00) of liability insurance is required for every pawnshop at the time the occupational license is applied for.
[Ord. No. 2018-1271, 3-19-2018]
A. 
Each dealer or person licensed by the City as a pawnbroker and engaged in such business as described in this Article, shall also be required to comply with the following conditions:
1. 
Except as may be permitted otherwise by applicable zoning ordinances or other law, no person, including but not limited to any person licensed as a pawnbroker by the City, any spouse, parent, child, sibling or other relative of such pawnbroker or such pawnbroker's spouse by blood or marriage, or any employee of such pawnbroker, shall be permitted to reside in the licensee's pawnshop or the licensee's place of business, or in any area used for the storage of property that has been pledged to, taken in barter or exchange or purchased by such pawnbroker, or in any rooms or spaces with an interior door or other means of ingress or egress accessing directly into such pawnshop, place of business or storage area. Any person licensed as a pawnbroker by the City having any such person residing upon any portion of any pawnshop business or storage premises shall provide the City Director of Finance, or the director's designee for the application and issuance of a City pawnbroker business licenses, in writing, at the time of their annual license application or renewal, with the name(s) of such resident(s), location of their residence within the premises, relationship(s) to the licensee, estimated length of stay in the premises, and legal justification under the zoning ordinances or other law for their residing in the premises.
2. 
No person or entity licensed as a pawnbroker by the City shall be open for business or receive any article of personal property or other valuable thing as pawned, pledged, taken in barter or exchange or purchased on any condition whatsoever, on any day between the hours of 10:00 p.m. that day and 7:00 a.m. on the following day.
3. 
Any person licensed as a pawnbroker by the City that uses a location or building for the storage of property that has been pledged to or taken in barter or exchange or purchased by the licensee with an address different than the address of the place of business of the pawnbroker shall declare the location of that storage location to the Chief of Police, or his/her designee, upon request, and in his/her application for or renewal of his/here City pawnbroker license. The property stored at this location shall be open to inspection by the Chief of Police or his/her designee during the hours of operation at the pawnbroker's licensed place of business.
4. 
None of the provisions stated in the preceding Subsections shall be intended to supersede any applicable zoning ordinances or law, including but not limited to such law regarding the continuation and pursuit of existing legal non-conforming property uses.
[Ord. No. 2018-1271, 3-19-2018]
A. 
No pawnbroker shall expose for sale, or sell or dispose of any article, or articles, within seven (7) days of the time of purchasing, except when redeemed by the owner.
B. 
No gold, silver, diamonds, or other precious or semi-precious gems or metals received by any pawnbroker shall be removed from the pawnbroker's place of business, re-cut or melted within seven (7) days after receipt thereof, except when redeemed by the owner.
C. 
In case the person obtaining the loan fails to pay the interest or principle when due, the pawnbroker shall not sell the article pawned with him/her as security for such loan until the expiration of sixty (60) days from the date of such failure. The person failing may at any time within the sixty (60) days redeem the article if he/she pays the full amount of the principle and interest due at the date of such redemption according to the terms of the contract. If the person obtaining the loan fails to redeem the article within sixty (60) days that person shall thereby forfeit all right, title, and interest in such article to such pawnbroker who then acquires and possesses an absolute right in and to then hold and dispose of as his/her own property.
[Ord. No. 2018-1271, 3-19-2018]
A. 
Each pawnshop shall keep consistent and adequate books and records of purchases relating to the licensee's pawn transactions. Said books and records shall be preserved for a period of at least seven (7) years from the date of last transaction recorded therein. The records must contain, but are not limited to, the following information:
1. 
Time, date, and place of purchase of each item.
2. 
Name of individual acting on behalf of dealer in making purchase.
3. 
Name, age, and address of seller.
4. 
Confirmation of identification through a driver's license, State identification card, or other adequate picture ID. The dealer shall include in the record any identification numbers which may be displayed on the identification. Any purchase without such proof is prohibited.
5. 
A description of item being sold with any identification numbers or markings.
6. 
A clear and identifiable finger print of the right index finger of the seller if said merchandise is valued over one hundred fifty dollars ($150.00).
7. 
A clear and identifiable photograph accompanied by a detailed written description of each item if said merchandise is valued over one hundred fifty dollars ($150.00). If such property contains in whole or in part a precious gem or metal and such property is difficult to describe, the property shall be photographed, and the photograph shall be attached to the record book or kept with the other permanent record describing the property.
[Ord. No. 2018-1271, 3-19-2018]
A. 
It shall be the duty of every pawnbroker to make out and deliver to the Police Department, on Tuesday of every week, a legible and correct copy of his/her register of all property received, deposited, or purchased during the previous week. Furthermore, the register together with the articles purchased, taken in barter, or pledged shall at all times be open to the inspection of commissioned Police Officers.
B. 
Each dealer or person licensed by the City as a pawnbroker and engaged in such business shall make their reports of such property pledged, taken in barter or exchange, or purchased electronically as set out in Section 367.031, RSMo., and shall report the information prescribed by that Statute and Subsection 90-3(a) to the electronic database as authorized by the Statute. If more than one (1) such electronic database is available for such reporting, each dealer or person so licensed shall make their reports to the database directed for such reporting by the Chief of Police. The database designation information shall be on file with and available at the Police Department headquarters and the City Clerk.
[Ord. No. 2018-1271, 3-19-2018]
Every pawnbroker shall give to each person who pledges property to secure a loan, or who leaves property with the pawnbroker for any reason, a plainly written receipt or ticket having upon it a full copy of all the entries required by this Article to be kept in the pawnbroker's register, and no charge should be made for such receipt.
[Ord. No. 2018-1271, 3-19-2018]
No pawnbroker shall take, buy or receive any personal property from any person under the age of seventeen (17) years without the written consent of such individual's parents or guardians. Said written consent shall be kept on file with the books and records.
[Ord. No. 2018-1271, 3-19-2018]
All signs pertaining to a pawnshop shall be affixed to the building in which business is being conducted. In addition, all pawnshops are required to obtain a sign permit from the Codes Administrator before establishment of said sign.
[Ord. No. 2018-1271, 3-19-2018]
The maximum rate of interest which may be charged for making and carrying any secured personal credit loan shall not exceed two percent (2%) per month on the amount of such loan.
[Ord. No. 2018-1271, 3-19-2018]
A. 
The provisions of this code shall not apply to the following:
1. 
Transactions between one (1) licensed, established dealer in the normal course of business and another licensed, established dealer.
2. 
Any precious metal or gem dealer, at least ninety percent (90%) of whose gross income is derived from the sale of newly manufactured merchandise and who certifies this to the City Finance Officer whenever a retail occupational license shall be obtained or renewed.
3. 
Estates purchased through banks, attorneys or at an auction or estate sale.
4. 
Out of State purchases transacted through the United States Mail.
5. 
Industrial residue or by-products purchased from manufacturing firms.
6. 
Coins which are not currently in circulation, purchased for their numismatic value.
7. 
Monetized bullion including Krugerrands, Canadian Maple Leaf, Mexican 500 Pesos and United States silver and gold coins.
8. 
Antique dealers.
[Ord. No. 2018-1271, 3-19-2018]
Any person, partnership, association, or corporation convicted of violating any of the provisions of this code may be deemed guilty of a public offense and subject to a penalty under Section 100.240 of the Code.
[Ord. No. 2018-1271, 3-19-2018]
If any pawnbroker, or his/her agents, or employees, shall violate any of the provisions of this code or Chapter 367 of the Revised Statutes of Missouri, and is finally convicted in any court of the City or State, he/she may have his/her pawnbroker's license suspended or revoked by the City Council after a hearing. Ten (10) days written notice of the hearing stating the grounds thereof shall be delivered to said pawnbroker at his/her place of business or by leaving or posting said notice at said address. The pawnbroker shall have the right at the hearing to be represented by an attorney, to cross examine witnesses, to present evidence, and to testify on his/her own behalf. The hearing shall be held in public at a regular or special meeting of the City Council. If suspension or revocation of the license occurs, no license fee shall be refunded.