HomeMy WebLinkAbout1995 Ordinance No. 005•
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O RDINANCE NO.c
SERIES OF 1995
BY AUTHORITY
10 b 1 J,:
COUNCIL BILL NO . 5
INTRODUCED BY COUJ'!(;IL
MEMBER HABENICE·r
AN ORDINANCE AMENDING TITLE 5, CHAPrER 12, SECTION 4 , ENGLEWOOD MUNICIPAL
CODE 1985, BY REPEALING SECTION 4 AND REENACTING A NEW SECTION 4 RELATING
TO PAWNBROKERS.
WHEREAS, the City find s, determines and declares that considering the nature of the
pawnb .-iker business and the relationship of such to business to the municipal welfare and the
relationship thereto to the expenditures required of the City and all other matters properly to be
conside red in relation thereto , the classifitation of such business as a se parate type of business or
oc cup atio n requiring separate regulation and fees is reasonabh:1 proper, uniform ,
no ndiscriminatory end necessary for a just and proper distribution of costs for City services; and
WHEREAS , a reasonable basis eJCists to distingui sh between pa·.,r ', ·ok ers and oth er types of
businesses not prohibited under h is ordinance; and
WHEREAS , the City of Engl ewood is using its poli ce powers to protect the h ea lth , safety and
we lfare of the ci tizens of Englewood : and
WHEREAS, the City of Engle wood desires to coordinate its regulations with the State a nd other
m etropolitan communities;
~OW, THEREFORE, BE l'r ORDAJ NED BY THE CITY CO UNC IL OF THE CITY OF
ENGLEWOOD, COLOR .. DO , AS FOLLOWS:
~ Title 5 , Chap ter 12, Section 4, Englewood Municipal Code 1985, is hereby amended by
repealing and re-enacting Section 4 thereof, to re ad as follows:
5-12-4 : PAWNBROKERS:
5-12-4-1 : DEFINITIO NS : AS USED IN THIS SECTIO N, THE H.1!.!.0WING TERMS SHALL
HAVE THE MEANINGS l?ID ICATED .
CITY
POLICE DMSIO N
DIRECTOR
CONTRACT FOR PURCHASE
THE CITY OF ENGLEWOOD , COLORJ ,DO.
THE POLICE DIVISIO N OF THE DEPARTMENT
OF SAFETY SERVICES FOR THE CITY OF
ENGLEWOOD.
THE DIRECTOR OF SAFETY SERVI CES O R
DE S IGNEE FOR THE CITY OF ENGLEWOOD .
A CONTRACT ENTERED INTO BETWEEN A
PAWNBRO KLR AND A CUSTOMER PURSUANT
TO WHICH MO NEY IS AD V/\NCE D T O THE
CUSTOMER BY THE PAW N BROKER 0'.1 THE
DELIVERY OF TANGIBLE PE i<.dONAL
FIXED PRICE
FIXED TIME
LICE NS EE
LOCAL LAW ENFORCEMENT
AGENCY
OPTION
PAWNBROKER
PROPERTY BY THE CUSTOMER TO THE
PAWNBROKER ON THE CONDITION THAT
THE CUSTOMER, FOR A FIXED PRICE AND •
WITHIN A FIXED PERIOD OF TIME, NOT TO
EXCEED NINETY DAYS, HAS THE OPTION TO
CANCEL THE CONTRACT ANO RECOVER
FROM THE PAWNBROKER THE TANGIBLE
PERSONAL PROPERTY .
THE AMOUNT AGREED UPON TO CANCEL A
CONTRACT FOR PURCHASE DURING THE
OP'rlON PERIOD . SATO FIXED PRICE SHALL
NOT EXCEED:
(1) ONE TENTH (ll!C) OF THE ORIGINAL
PRICE FOR EACH MONTH, PLUS THE
ORIGINAL PURCHASE PRICE , ON
AMOUNTS OF FIFTY DOLLARS ($50 .00)
OR OVER; OR .
(2) ONE -FIFTH (1/5 ) OF THE ORIGINAL
PURCHASE PRICE FOR EACH MONTH ,
PLUS THE ORIGINAL PURCHASE PRICE,
ON AMOUNTS UNDER FIFTY DOLLARS
(S50 .00 ).
THAT PERIOD OF TIME , NOT TO EXCEED
NINETY DAYS , AS SET FORTH IN A CONTRACT
FOR PURCHASE , WITHI N WHICH TH I:.
CUSTOMER MAY EXERCISE AN OPTION TO
CANCEL THE CONTRACT FOR PURCHASE.
A PERSON WHO HAS THE AUTHORITY TO
ENGAGE IN BUSINESS SUBJECT TO THIS
CHAPTER.
ANY MARSHAL'S OFFICE, POLICE AGENCY, OR
SHERIFF'S OFFICE WITH JURISDICTION !N
THE LOCALITY IN WHICH THE CUSTOMER
ENTERS INTO A CONTRACT FOR PURCHASE
OR A PURCHASE TRANSACTION .
THE FIXED TIME AND THE FIXED PRICE
AGREED UPO ' BY THE CUSTOMER AND THE
PAW NBROKER IN WHICH A CONTRACT FOR
PURCHASE MAY BE BUT DOES NOT HAVE TO
llE RE SC INDED BY THE CUSTOMER.
A PERS ON REG ULARLY ENGAGED IN THE
BUSIN ESS OF MAKING CONTRACTS FOR
PURC HASE OR PURCHASE TRANSA CT IO NS IN
THE COURSE OF BUSI NESS . THIS SECTION
SHALL NOT APPLY TO SECONDHAND
DEALERS UNLESS SPECIFI CALLY ADOPTED BY
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PERSON
PURCHASE TRANSACTION
TANGIBLE PERSONAL
PROPERTY
ANOTHER SECTION .
ANY INDIVIDUAL, FIRM, PARTNERSHIP,
ASSOCIATION , CORPORATION, COMPANY,
ORGANIZATION, GROUP OR ENTITY OF ANY
KIND.
THE PURCHASE BY A PAWNBP.OKER IN THE
COURSE OF BUSINESS OR TANGIBLE
PERSONAL PROPERTY FCR RESALE, OTHER
THAN NEWLY MANUFACTURED TANGIBLE
PERSONAL PROPERTY WHICH HAS NOT
PREVIOUSLY BEEN SOLD AT RETAIL, WHEN
SUCH PURCHASE DOES NOT CONSTITUTi A
CONTRACT FOR Pl'RCHASE.
ALL PERSO NAL PROPERTY OTHER THAN
CHOSES IN ACTION, SECURITI ES, OR PRINTED
EVIDENCES OF INDEBTEDNESS, WHICH
PROPERTY IS Dl,;l'OSITED WITH OR
OTHERWISE ACTUA LLY DELIVERED I NTO
THE POSSESSIO N OF A PAWNBROKER IN THE
COURSE OF BUSINESS IN CONNECTION W~TH
A CONTRACT FOR PURCHASE ·oR PURCHASE
TRANSACTION .
5-12-4-2: COMPLIANCE; UCENSE REQUIRED: IT IS UNLAWFUL FOR ANY PERSON
TO REGULARLY ENGAGE IN THE BUSINESS OF MAKING CONTRACTS FOR PURC HASE
OR PURCHASE TRANSACTIONS IN THE COURSE OF BUSINESS EXCEPT AS PROVIDED IN
Ai~D AUTHORIZED BY THIS ORDINANCE AND WITHOUT FIRST HAV ING OBTAINED AN
Ai'<NUALLY RE NEWABLE AND NON-TRANSFERABLE PAWNBROKERS LICENSE ISSUED
BY THE CITY.
5-12-4 -3: LICENSING APPLICATION; FEE: THE CITY OF ENGLEWOOD SHALL ISSUE
A LICENSE ACCORDING TO THE REQ UIREMENTS OF THI S ORDINANCE. ALL
APPLICANTS FOR A PAWNBROKER LICENSE SHALL FILE AN APPLICATION FOR SUCH
LICENSE WITH THE LICEN$11'v OFFICER ON FORMS TO BE PROVIDED BY THE CITY OF
ENGLEWOOD. THE APPLICATION FOR A LICENSE SHALL CONTAIN THE
I. FORMATION REQUIRED IN THIS ORDINANCE AND ANY OTHER PERTINENT
I NFORMATIO N REQUIRED BY THE DEPARTME NT OF SAFEH SERVICES. EACH
INDIVIDUAL APPLICA.NT, PARTNER OF A PART NERSH IP , OFF!CER, DIRECTOR AND
HJLDER OF TEN PERt;ENT Oil MORE OF THE CORPORATE STOCK OF A CORPORATE
APPLICANT, AND ALL MA.i~AC.ERS , SHALL BE NAM ED IN EACH APPLICATION, AND
EACH OF THEM SHALL BE PHOTOGRAPHED AND FINGERPRI NTED BY THE
DEPARTMENT OF SAFETY SERVICES. EACH OF THEM S HALL FURN ISH THREE
LETTERS OF CHARACTE R REFERE NCE FROM RESIDENTS OF THE CITY OR THE
SURROUND! "G METROPOLITAl AREA . EACH IN DI VIDUAL APPLICANT,
PARTNERSHIP AND CORPORATE APPLICANT SHALL, IN ADDITION , FURNISH AS AN
ATTACHMENT TO AND PART OF SUCH APPLICATION EVIDE NCE THAT THE
PROPOSED ESTABLISHMENT MEETS THE REQUIRE~IENTS OF THE COMPREHENSIVE
ZO 'ING ORDINANCE, PROOF OF APPLICANT'S RIGHT TO POSSESSION OF PREMISES
WHEREIN THE PAWNBROKER BUSINESS WILL BE CONDUCTED , A FINANCIAL
Q UESTIONNAIRE, CONSENT TO RELEASE OF FINANCIAL INFORMAT ION, AND A
CURRENT PERSONAL FINANCIAL STATEMENT OR BALANCE SHEET AND lNCOME
ACCOUNT STATEMENT FOR THE PRECEDING TWELVE-MONTH PERIOD PRIOR TO
THE DATE OF THE APPLICATION . EACH CORPORATE APPLICANT SHALL FURNISH
EVIDENCE THAT IT IS IN GOOD STANDING UNDER THE STATUTES OF THE STATE OF •
COLORADO , OR IN THE CASE OF A FOREIGN CORPORATION, EVIDENCE THAT IT IS
CURRENTLY AUTHORIZED TO DO BUSINESS IN THE STATE OF COLORADO. THE
LICENSE ISSUED UNDER THIS ORDINANCE SHALL BE APPLICABLE ONLY FOR THE
LOCATION IDENTIFIED IN THE LICENSE APPLICATION, AND ONLY FOR THE
OWNER/APPLICANT MAKIN G THE LICENSE APPLICATION . EACH APPLICANT SHALL
PAY A NONREFUNDABLE APPLICATION FEE AT THE TIME OF FILING AN
APPLICATION AND AT THE TIME AN AMENDMENT IS MADE TO THE APPLICATION.
SUCH FEES SHALL BE DETERMINED BY THE CITY COUNCIL AND SET BY RESOLUTION .
5-12-4-4 : LICENSE FEE: THE CITY FINDS, DETERMINES AND DECLARES THAT
CO NSIDERING THE NATURE OF THE PAWNBROKER BUSI NESS AND THE
RELATIO NS HIP OF SUCH BUSINESS TO THE MUNICIPAL WELFARE, AS WELL AS THE
RELATIONSHIP THERETO TO THE EXPENDITURES REQUIRED OF THE CITY AND ALL
OTHER MATTERS PROPERLY TO 1lE CONSIDERED IN RELATIO N THERETO , THE
CLASSIFICATION OF SUCH BUSINESS AS A SEPARATE TYPE OF BUSINESS OR
OCCUPATIOK REQUIRING A SEPARATE LICENSE FEE IS REASO NA BLE, PROPER,
UNIFORM , NONDISCRIMINATORY AND NECESSARY FOR A JUS'l' AN D PROPER
DISTRIBUTIOX OF COSTS FOR CITY SERVICES . THE CITY HEREBY LEVIES AND
ASSESSES FOR EACH YEAR AN AN 'WAL CITY PAWNBROKER LICE 'SE FEE . THE ·
ANNUAL LICENSE FEE FOR PAWNBROKERS SHALL BE DETERMINED BY THE CITY AND
SET BY RESOL iT ION. SUCH FEE SHALL BE PAYABLE PRIOR TO THE ISSUANCE OF THE
LICENSE". A!.'<Y LI CENS E ISSUED PURSUANT TO THIS ORDI NANCE SHALL EXP ''lE ON
THE 31ST DAY OF DE CEMBER OF EACH YEAR . SUCH LICENSE FE E SHALL BE PRORATED
FOR THE CALENDAR YEAR IN WHICH THE PAWNBROKE R LICENSE IS FIRST ISSUED .
5-12-4-5: NON-TRANSFERABILITY OF LICENSE: ANY LICE NS E ISSUED PURSUANT •
TO THIS ORDP.;A!.'<CE SHALL NOT BE TRANSFERABLE . A."N SUCH LICENSE MAY NOT
BE TRAN SFERRED TO EITHER ANOTHER PERSON OR A LOCATIO N OTHER THA N
T:IAT LI S'l'ED IN THE LICENSE APPLICATION . ANY CHANGE IN 1·HE PARTNERS OF A
PARTNERSHIP OR IN OFFI CER!;, DIRECTORS , OR HOLDERS OF TEN PERCENT OR MORE
OF TH E STOCK OF A CO RPORATE LICENSEE HOLDI NG A PAWNBROKER LICENSE
SHALL RESULT IN TERMINATION OF THE LICENSE OF THE PARTNERSH IP OR
CO RPO RAT!O.' UN LESS A WRITTE N A.MENDMC:NT TO THE ORIGINAL APPLICATION IS
MA DE AS REQ IRED BY SECTION 15-12-4-13 .
5-12-4 -6: LICENSE RENEWAL: ANNUAL RENEWAL REQUESTS MUST BE FILED
WITH THE LI CENSING OFFICER NO LATER THAN THE FIRS'l' DAY OF DECEMBER OF
EACH CALENDAR YEAR AND SHA.LL BE MADE UNDER OATH , STAT ING THAT NO
EVENTS HA VE OCCU RRED WHICH WOULD RESULT IN A DIFFERENT RESPONSE THA N
THAT CONTA!N ED IN THE ORIGI NAL APPLICATION OR ANY RENEWAL THEREOF. IF
CIRCUMSTANC ES HA VE CHANGED , THE APPLIC AN T MUST STATE WITH
PARTICULARITY 7'HE CHANGE , AND RESPO ND APPROPRIATELY TO A.LL QUESTIONS
IN THE APPLICATIO N FORM . THE REQUEST FOR RE NEWAL MUST INCLUDE
EVJnE NCE OF INSURANCE COVERAGE PER THE REQUIREME NT:, OF SECTION 5-12-4 -8,
HEHEI N.
5-12-4-7 : BOND REQUIRED: AS PART OF THE LI CE SING PRO CESS , THE
APPLICANT SHA LL FURNISH A GOOD A.ND SUFFICIENT BO ND IN A SUM TO BE
DETERMINE D l:lY THE CITY AND SET BY RESOLUTION . SUCH BOND SHALL BE
CONDITIO "ED UPON THE FAITHFUL OBSERVANCE OF TH E REQUIREMENTS OF TH IS
ORDINA NC E A.'<D CONDITIONED UPON THE SA.FEKEEPI 'G OR RETURN OF ALL •
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ARTICLES I N PLEDGE BY SUCH PAWNBROKER .
5-12-4-8: INSURANCE REQUIRED: AS PART OF THE LICENSING PROCESS, THE
APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE INSURANCE FOR ALL
PROPERTY THE PAWNBROKER HOLDS BY CONTRACT, IN THE MINlMUM AMOUNT OF
ONE-HALF OF SUCH PROPERTY'S CONTRACTED VALUE IN CASE OF DAMAGE OR
DESTRUCTION . THE APPLICANT MUST PROVIDE THE LICENSING OFFICER PROOF OF
SUCH INSURANCE COVERAGE BEFORE A PAWNBROKER LICENSE IS ISSUED. PROOF OF
THIS INSU RANCE COVERAGE MUST BE PROVIDED EACH TIME A REQUEST 'FOR '
RENEWAL IS FILED WITH THE LICE NSING OFFICER.
5-12-4 -9: LE'ITER FROM DIRECTOR OF COMMUNITY DEVELOPMENT REQUIRED:
AS A PART OF THE LICENSING PROCESS AND PRIOR TO THE ISSUANCE OF ANY
PAWNBROKER LICENSE, THE APPLICANT SHALL OBTAIN AND SUBM IT TO THE
LICENSING OFFICER A LETTER FROM THE COMMUN ITY DEVE LOPMENT DIRECTOR,
OR HIS DESIGNEE, STATING THAT THE ZO NING OF THE PROPERTY PERMITS A
PAWNBROKER ESTABLISHMENT. ·
5-12-4-10 : INVESTIGATION AND APPROVAL OF APPLICANTS
REQUIRED; NON-TRANSFERABil.lTY:
A . UPON RECEIPT OF A PROPERLY CO MPLETED APPLICATION, AS
DETERMINED BY THE LICENSING OFFICER, TOGETHER WITH ALL
INFORMATION REQ UI RED IN CONNECTION THEREWITH , FI NGERPRINTS
AND PHOTOGRAPHS, AND PAYMENT OF THE APPLICATION FEE, THE
DEPARTMENT OF SAFETY SERVICES SHALL CONDUCT AN
INVESTIGATION OF THE BACKGROUND, EXPERIENCE, CHARAC'!'ER AXD
FINANCIAL RESPON ~I BILITY OF EACH INDIVIDUAL APPLIC / NT, THE
PARTNERS OF A PART NERSHIP, OFFICERS, DIRECTORS AND HOLDERS OF
TEN PERCENT OR MORE OF THE CORPORATE STOCK OF A CORPORATE
APPLICANT, AND A PROPOSED PAWNBROKER ESTABLISHMENT.
B. IF THE DEPARTMENT OF SAFETY SERVICES ' BACKGROUND
INVEST IGATIO. CONFIRMS THAT THE REQUIREMENTS OF THIS
ORDINANCE HAVE BEEN MET AND THAT THE FI NAN CIAL
RESPONSIBILITY , EXPER IENC E, CHARACTER AND GENERAL FITNESS OF
TllE lNDMDUAL APPLICANT AND OF THE PARTNERS, OFFICERS,
OIREC·l'ORS AND /O R HOLDERS OF TEN PERCENT OR MORE OF THE STOCK
OF A CORPORATE APPLICANT AND ALL MANAGERS, ARE Sl!CH AS TO
COMMAND THE CONFIDENCE OF THE PUBLIC A]l'.'D TO WARRANT THE
BELIEF THAT THE BUSINESS WILL BE LAW~'U LLY, HONESTLY , AND
FAIRLY OPERATED PUR 3 UANT TO THIS ORDINANCE, THE LIC ENS ING
OFFICER SHALL ISSUE At .'\WNBROKER LICENSE. IF THE INVESTIGATIO N
REVEALS THAT ANY APPLICANT , PARTNER, OFFICER, >DIRECTOR AND/OR
HOLCER OF TEN PERCENT OR MORE OF THE CORPORATE STOCK OF A
CORPORATE APPLICANT OR 1\NY OF THE MANAGERS , DOES NOT MEET
THESE CRiTERIA, THE LICENSlNG OFFICER WILL DENY TH E APPLICANT'S
REQUEST FOR A PAW NBROKER LICENSE .
C . UPON CONCLUDING AN INVESTIGATION WHICH REVEALS THAT TI-/ E
APPLICANT'S REQUEST FO R A PAWNBROKF ,t LICENSE Mt Y 6E
APPROVED , AND O NGE THE LICE NS ING OFFJcg ,~ ij f:CEIVES VERIF IC ATION
THAT THE APPLICANT HAS MET THE l!ON D AND INSURANCE
REQU IR EMENTS, AND HAS REC EIVED A COMPLIANCE LETTER FROM TH E
DEPARTMENT OF COMMUNITY DEVELOPMENT, THE LICENSING OFFICER
SHALL ISSUE AND DELIVER TO THE APPLICANT A PAWNBROKER LICENSE
FOR USE ONLY AT THE PREMISES SPECIFIED IN THE APPLICATION AND •
ONLY BY THE OWNER/APPLICANT MAKING THIS APPLICATION . IF ANY
REQUIREMENTS OF THIS SECTION HA VE NOT BEEN MET, THE LICENSING
5-12-4 -11 :
OFFICER SHALL DENY 'T'HE APPLICANT"S REQUEST FOR ISSUANCE OF A
PAWNBROKER LICENSE IN ACCORDA! CE WITH SECTION 5-12-4 •11.
DENIAL OF LICENSE:
A . THE APPLICATION FOR, OR RENEWAL OF, A PAWNBROKER LICENSE MAY
BE DENIED BY THE LICENSING OFFICER ON GROUNDS INCLUDING, BUT
NOT LIMITED TO , THE FOLLOWING:
1. FINDING THAT AN INDIVIDUAL APPLICANT, PARTNER, OFFICER
OR lllRECTOR OF A CORPORATION, AND/OR HOLDER OF TEN
PERCENT OR MORE·OF THE STOCK OF A CORPORATE APPLICANT OR
MANAGER OF A PAWNBROKER E ~TABLIS HMENT:
i . FAILS AT ANY TIME, '!'O MEET THE QUALIFICATI O ;;
REQUIRED OF AN APPLICA:•:T BY 1'HIS SECTION; OR
ii. VIOLATES ANY PROVISIO N OF THIS SECTION OR OTHER
ORDI NANCE OF T HE CITY GOVERN W r. THE ACTIVITIES
PERMITTED BY THE LICENSEE; OR
iii . OBTAINED THE LICl.:N SE BY FRAUD OR MISREPRESENTATIO N; OR
iv . HAS BEEN CONVICTED OF A FELONY OR ANY OFFENSE •
INVOLVING MORAL TURPITUDE INCLUDING BUT NOT
B.
LIMITED TO, THEFT, FRAUD , ROBBERY, BURGLARY, LARCENY,
OR DECEIT; AND SUCH CONVICTION, AS DETERMINED BY THE
DEPARTME NT OF SAFETY SERVICES, WOULD CREATE A
DANGER TO THE PUBLIC HEALTH , SAFETY, OR WELFARE IF
THE LICENSEE WERE TO CONTINUE TO ENGAG E IN SUCH
CONDUCT.
2 . A FINDING THAT AN APPLICANT IS NOT FINA NC IALLY
RESPONSIBLE , IS NOT IN GOOD STANDING, OR IS NOT AUTHORIZED
TO DO BUSINESS IN COLORADO . AS USED HEREIN, "FINANCIALLY
RESPONSIBLE" MEANS HAVING S UFFICIENT INCOME AND ASSETS TO
DEFRAY EXPENSES AND PROVIDE FOR LIABILITIES OF THE BUSI NESS
AS THEY BECOME DUE.
3 . THE LICENS "\·::; OFFICER S HALL MAKE A DECISION TO ACCEPT OR
DEN Y THE APPLICANT'S LI C ENSE OR RENEWAL THE~EOF NO LATER
THAN THIRTY (30) DAYS AFTER THE LICENSING m'FICER HAS
Rf.CEIVED ALL FORMS, DOCUMENTS AND ITEMS REQUIRED OF THE
APPLICANT BY THIS SECTIO N AND THE RESULTS OF THE
DEPARTMENT OF SAFETY SERVI CES-INVES'rlGATION REQUIRED BY
SECTION 15-12-4-10.
THE LI CENSING OFFICER SHALL NOT DENY AN APPLICANT'S REQUEST
FOR A LICENSE WITHOUT NOTI CE TO THE APPLICANT OF THE REASO NS •
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5-12-4-12:
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FOR SUCH DENIAL, AND WlTHOUT THE APPLICANT BEING GIVEN AN
OPPORTUNITY FOR AN APPEAL OF 1'HE LICENSING OFFICER'S
DECISION, AS SET FORTH IN SECTION 5-12-4 -12.
REVOCATION OF LICENSES:
A PAWNBROKER LICENSE MAY BE REVOKED UNDER TH IS ORDINANCE
IF :
THE LICENSEE FAILS, AT ANY TIME, TO MEET THE QUALIFICAT IO NS
REQUIRED OF AN APPLICANT BY THIS SECTION; OR
THE LICENSEE VIOLATES ANY PROVISION OF THIS SECTION OR
OTHER ORDINANCE OF THE CITY GOVERNING THE
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ACTIVITIES
PERMITTED BY THE LICENSE ; OR
THE LICENSEE 'OBTAINED THE LICENSE BY FRAUD OR
MISREPRESENTATION ; OR
4. THE LICENSEE HAS BEEN CONVICTED OF A FELONY OR ANY OFFE NSE
INVOLVING MORAL TURPITUDE INCLUDING BUT NOT LIMITED TO,
THEFT, FRAUD, ROBBERY, BURGLARY, LARCENY, OR DEC EIT; AND
SUCH CONVICTION , AS DETERMINED BY THE DEPARTMENT OF
SAFETY SERVICES , WOULD CREATE A DANGER TO THE PUBLI C
HEALTH, SAFETY , OR WELFARE IF THE LICENSEE WERE TO
CONTINUE TO ENGAGE • SUCH CONDUCT .
/F THE LICENSING OFFICER IS MADE AWARE OF THE C'·ROUNDS IN
5UBSECTION (A) OF THIS SECTIO N, THE LICENSIJl,G OFF ICER SHALL
HAVE Tl!E AUTHORITY TO SUSPEND OR REVOKE THE LICENSE FOR THE
REMAINDER OF ITS TERM .
C. NO SUSPENSION OR REVOCATION IS FINAL UN1'1L THE LIC 1..NSEE HAS
BEEN GIVEN THE OPPORTUNITY FOR A HEARI NG TO AD DRESS THE
SUSPENSION OR REVOCATION . SUCH HEARING SHALL BE HELD WITHIN
TWENTY (20) I;)AYS OF A WRITTEN REQUEST FOR THE HEARING FILED
WITH THE CITY MANAGER BY THE LICENSEE AFFECTED. APPEAL OF A
DENIAL OF A REQUEST FOR ISSUANCE OF A PAWNBROKER 'S LICENSE,
OR RENEWAL THEREOF, SHALL BE CONDUCTED ACCORDING TO THIS
SUBSECTION. THE HEARING SHALL BE CONDUCTED AS FOLLOWS :
I. UPON RECEIPT OF A REQUEST FOR HEAR ING, THE CITY MANAGER
SHALL DESIGNATE A HEARING OFf'ICER TO DECIDE TH E MATTER,
AND WILL NOT IFY THE APPLI CAN T OR LICENSEE OF ·THE HEARING
DATE BY MAIL .
2 . THE HEARING OFFICER IS HEREBY GRA.111TED THE AUTHORITY TO
SUSTAIN , REVERSE OR MODIFY THE LICENSING OFFICER'S DECISION ,
AND/OR UPON A SHOWI NG BY THE APPLICANT OR LICE NSEE OF
MITIGATING FACTORS , MAY SUSPEND THE LICENSE FOR A PERIOD
OF TIME AND/OR IMPO SE ON THE AP PLICANT OR LICENSEE ,
REA.~O NABLE CONDITIONS ON THE LICENSE OR ANY RENEWAL
THE .E OF TO SECURE COMPLIANCE WITH THIS SECTION .
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5-12-4-13:
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3. ANY HEARING PRESENTED PURSUANT TO THIS SECTION SHALL BE
CONDUCTED IN CONFORMANCE WITH STANDARDS OF PROCEDURAL •
DUE PROCESS APPLICABLE TO ADMINISTRATIVE HEARINGS,
INCLUDING THE RIGHT TO PRESENT TESTIMONY AN D TO
CO NFRONT WlTNESSES.
4 . T HE HEARING OFFICER SHALL APPLY THE FOLLOWJNG ST/.NDA RDS
FOR REVJEW : (1) WHETHER THE CITY, THROUGH THE ORDER OF
REVOCATION, SUSPENSION, OR DENIAL, ABUSED ITS DISCRETION, (2)
ACTED ARBn'RAR ILY OR (3) ACT E D IN EXCESS OF ITS AU'rHORITY
HE!illUNDER. ADDITIONALLY , THE LICENSEE OR APPLICANT SHALL
HAVE THE BURDEN TO SHOW BY A PREPONDERANCE OF THE
EVlDENCB WHY THE REVO t.:ATION , SUSPENSION OR DENIAL OF
LICENSE, OR RE NEWAL THEREOF, WAS IMPROPER UNDER THE
ABOVE STANDARDS. IT SHALL ALSO BE THE BURDE N OF THE
LICENSEE TO ES'rABLISH THE MITIGATION IN CONTESTING ANY
ORDER OF REVOCATION OR SUSPE NSION.
5. THE HEARJNG OFFICER SHALL CO N DUCT THE HEARI NG WITHI N
TWENTY (20) BUSINESS DAYS OF THE FILING OF THE R EQU EST FOR
HE\RING A.'W SHALL ENTER WRITTEN FINDINGS OF FACT A N D
CONCLUSIONS OF LAW, WHICH SHALL BE MAILED TO THE LICENSEE
OR APPLICANT AT THE ADORES$ SHOWN ON THE LICENSE
APPLICATION. THE HEARING OFFICER'S DECIS IO N SHALL BE
EFFECTIVE WITHIN THREE (3) BUS INESS DAYS OF THE DATE OF THE
WRITTEN FIND! G REQUIRED BY THIS SUBSECTION.
IF AFTER A HEARING, THE SUSPENSION OR REVOCATION IS UPHELD,
THE LICENSING OFFICER MAY INCLUDE REASONA BLE ORDERS OR
COJl.'DI TION.S WITH WHICH THE PERSO N, WHOSE LICENSE HAS BEE N
SUSPE:-IDED OR REVOKED , SHALL COMPLY TO PROTECT ANY WORK I N
PROGRESS AND TH E PUBLIC HEALTH, SAFETY, AND WELFARE .
NO PERSO N WHOSE LICENSE IS REVOKED UNDER THIS SECTION IS
E NTI TLED TO RECEIVE A REFUND OF ANY PART OF THE LICENSE FEE
PAID FOR THE LICENSE.
NO PERSON WHO HAS HAD A LICENSE SUSPENDED OR REVOKED UN DER
THJS SECTION IS ENTITLED TO OBTAIN THE SAME OR ANY SIMILAR
LICENSE UNDER THIS SECTIO N DURING THE PER IOD OF SUSPENSION OR
REVOCATI0,'1, EITHE"fl IN THE PERSO N'S OWN NAME OR AS A PRINC IP AL
I N Al 'OT HER BUSINESS THAT APPLIES FOR A LICE NSE .
MANAGEJIS; CHANGE OF OW NER, SHAREHOLDER, PARTNER, OFFICER,
Om.ECTOR OR MANA!iER:
A PAWNBROKER MAY EMPLOY A MANAGER TO OPERATE THE BU S INESS,
PR OV IDED THE PAWNBROKER RETA INS COMPLETE CONTROL OF ALL
ASPECTS OF THE BUSINESS, I NCLU DI NG HUT NOT LIMITED TO , THE
PAW N BROKER'S RIGHT TO POSSESSIO N OF THE PREMISES, HIS
RESPONSIBILITY° FOR ALL DEBTS , AND THE PAWNBROK E R MUST BEAR
ALL RI S K OF LOSS OR OPPORTUN ITY FOR PROFIT FROM THE BU S I NE!:iS .
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5-12-4-H:
A.
IN THE EVENT OF A CHANGE OF OWNER, OFFICER , DIRECTOR, OR
HOLDER OF MORE THAN TEN PERCENT OF THE SHARES OF STOCK OF A
CORPORATE LICENSE HOLDER, PARTNER OF A PARTNERSHIP, OR
MANAGER, DISCLOSURE IN WRITING ')Y AMENDMENT OF THE
ORIGINAL APPLICATION FOR THE ISSUANCE OF A PAWNBRO KER'S
LICE NSE THEREOF SHALL BE MADE TO THE LICENSING OFFICER.
NOTWITHSTANDI NG THE PROVISIONS OF THIS SECTION, NEITHER A
NEW LICENSE NO R AN AMENDMENT TO AN EXISTING LICENSE SHALL
BE REQUIRED UPO N ANY CHANGE, DIRECTLY OR BENEFICIALLY, IN THE
OWNERSHIP OF ANY LI CENSE D PAWNSHOP, WHICH IS OWNED
DIRECTLY OR BENE FICIALLY BY A PERSON THAT AS AN ISSUER HAS A
CLASS OF SECURJTlES REGISTERED PURSUANT TO SECTION 12 OF THE
SECURITIES EXC HAN GE ACT OF 1934 (THE "ACT") OR IS AN ISSUER OF
SECURITIES WHICH IS REQUIRED TO FILE REPORTS WI TH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15(0 )
OF THE ACT , PRO VIDED THAT SUCH PERSON FILES WITH THE
COMMISSIONER SUCH INFORM ATION, DOCUME NTS AND REPORTS AS
ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH
ISSUER WITH THE SECURITIES AND EXCHANGE COMMISSIO N. SUC H
IS SUER SHAL L FILE WITn THE LICENSING OFFICER INFORM AT ION ON
MA NA GERS , OFFICERS AN D DIRE CTORS OF SU CH ISSUER OF ANY
LICE :-ISE D OR INTERME DI ATE SU BSIDIARY AS IS OTHERWISE REQU IR ED
O F MA,'IIAGERS , OFF ICERS Ai'II D DIRE CTORS OF CORPORATE
PAW NB ROKERS .
T HE APPLICANT OR LI CENSE HOLDE R SHALL PAY A FE E FOR
AMENDME ~T OF THE APPLICATION, WHICH FEE SHAL L BE
DETE RMI NE D BY THE CITY AN D SET BY RESOLUTI0:-1 . THE NEW
MANJSER SHAL L BE PHOTOGRA PHED , FI NGERPR INTED AND
INVESTJGATED AS REQUIRED IN SECTIO N 15-12 -4-10. FAILUR E OF AN
APPLIC ANT 'l'O REQUEST Ai'II AMEN DME NT OF THE APPLI CAT ION OR
FAILURE TO MEET THE PRE SCR IBED STANDARD S AN D QUA LIFICATIONS
OF SECTION 15-12 -4-10 SHALL CONST IT UTE GROUNDS FOR REVOC ATION,
SUS PE 'SION, OR NONRE NEWAL OF THE LICENSE .
REQUIRED ACTS OF PAWNBROKERS :
A PAWNB ROKER SHALL KEEP A NUMERICAL REGISTER IN WHICH
SHALL BE RECORDED THE FOLLO WING INF ORMATIO N: TtlE NAME,
ADDRESS , AND DATE OF BIRTH OF THE CUSTOMER ; THE CUSTOMER 'S
DRIVER'S LICE NSE NUM BER OR OTHEjt IDENTIFICATIO N NUMBE R FRO M
ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR SALE
OF VALUABLE ARTI CLES PURSUAi'IIT TO SECTION 18-16-103 , C.R.S ., OR FOR
THE SALE OF SECON DHAND PR OPERTY PURS UANT TO SECTIO N 18-13-114
C.R.S .: THE DATE , TIME AND PLA CE OF THE CONTRACT FOR PURCHASE
OR PURCHASE TRANSAC TIO N: AN D AN ACCURATE AND DE TAILED
ACCOUNT AND DE SC RIPTION OF EA CH ITE M OF TAN G:BLE PERS ON AL
PROPERTY, INCL UDING, BUT NOT LIMITED TO , ANY TRADEM ARK ,
IDENTIFI CAT IO N NUM BER , SERIAL NUMB ER, MODEL NUMBER, BRAND
NAME, OR OTHER IDE NT IFYI NG MARKS ON SUCH PROPE RTY . THE
PAWN BROKER SHALL ALSO OBTAIN A WRITTEN DECLARATI ON OF THE
CUS TOMER 'S OWNERSHIP WHICH SHALL STATE THAT EACH PI ECE OF
T .\i'II GIBLE PERSO NAL PROPERTY IS TOTALLY OWNE D BY THE
CUSTOMER , OR :s HALL HAVE ATTACHED TO SUCH DECLARATION A
POWER OF SALE FROM THE PARmlAL OWNER TO THE CUSTOMER, HOW •
LONG THE CUSTOMER HAS •. WNED EACH PIECE OF PROPERTY,
WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPE RTY,
AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING.
B. IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE TRANSACTIO N
INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE RECORDED ON
THE PAWNBROKER 'S REG ISTER AND ON THE CUSTOMER 'S
DECLARATION OF OWNERSHIP .
C. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND
ON THE DECLARATION OF OWNERSHIP AND REC'.:IVE A COPY OF THE
CONTRACT OF PURCHASE OR A RECEIPT FUR THE PURCHASE
TRANSACTION .
D. SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW
ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASO NAB LE TIME.
E . THE PAWNBROKBR SH AL L KEEP EACH REGISTER FO .~ AT LEAST THREE
(3) YEARS AFTER THE DATE OF THE LAST TRANSACTION ENT ER . J I N
T HE REGISTER.
F . A PAWNBROKER SHALL HOLD ALL CONTitACT ED GOODS WITHI ~ HIS OR
HER JURISDICTiO N FOR A PERIOD OF TEN (1 0) DAYS FOLLOWI NG THE
MATURITY DATE OF THE CONTRACT FOR PURCHASE , DURING WHICH
TIME SUCH GOODS SHALL BE HELD SEPARATE AND APART FROM ANY
OT HER TANGIBLE PERSO NAL PROPERTY , AND SHALL NOT BE CHANGED
IN FORM OR ALTERED IN ANY WAY .
G . A PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY HIM OR
HER THROUGH A PURCHASE TRANSA CTION FO R THIRTY (30) DAYS
FOLLOWING THE DATE OF PURCH ASE , DURI NG WHICH TIME SUCH
PR OPERTY SHALL BE HELD SEPARATE AND APART FROM ANY OTHER
TANGIBLE PERSONAL PROPERTY , AND SHALL ~:OT BE CHANGED IN
FORM OR ALTERED IN ANY WAY .
H. EVERY PAWNBROKER SHALL PROVIDE THE LOC::AL LA\'; ENFORCEMENT
AGENCY, ON A WEEKLY BAS IS, WITH TWO l ) COPIES OF THE RECdRDS,
ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW
ENFORCEMENT AGENCY, OF ALL TANGIBLE PERSONAL PROPERTY
ACCEPTED DURING THE PRECEDING WEEK AND ONE COPY OF THE
CU STOMER'S DECLARAT ION OF OWNE RSHIP . THE FORM SHALL
CONTAIN THE SAME IW..ORMJ'.T ION REQUIRED 'fO nE RECORDED IN THE
PAWN BROKER'S RE GISTER PURSUANT TO SUBSE CT ION (Al OF THIS
SECT IO N. THE LOCAL LAW ENFOR CE ME NT AGE NC Y SHALL DES IGNAT E
T HE DAY OF TH E WEE K ON WHICH THE RE CORDS AND DE CLARAT IO NS
SHALL BE SUBMITTED .
I . EVERY PAWNBROKER SHALL CLEAR , THRO UGH THE DEPARTME NT OF
SAFETY SERVICES, PRIOR T0 RELEASE, AL L FIREARMS , OTHER T HA N
THO SE WHICH ARE NEWLY MANUFACTURED AND WHICH HAVE NOT
BEEN PREVIOUSLY SOLD AT RETAIL .
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K.
5-12-4-15 :
A.
B .
C .
EVERY PAWNBROKER SHALL PAY TO THE CITY A FEE FOR EVERY
TRANSACTION FORM . THIS FEE SHALL BE DETERM INE D BY THE CITY
AND SET BY RESOLUTIO N.
EVERY PAWN BROKER SHALL, AT HIS OR HER EXPENSE, KEEP RECORDS
OR PROVIDE REPORT S IN SUCH MANNER AND BY SUCH METHODS AS
MAY BE DETERMI NE D FROM TIME TO TIME BY THE DEPART MENT OF
SAFETY SERVICES OR 'rHE LI CENS ING OFFICER.
PROHIBITED ACTS OF PAWNBROKER IN THE COURSE OF DOING
BUSINESS:
NO PAW NBROKER , EMPLOYEE, OR AGENT OF THE PAWNBROKER SHALL
ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE
TRANSACT ION WITH ANY PER SON UN DER THE AGE OF EIGHTE EN (18)
YEARS OR WITH ANY PERSON UNDER THE INFLUE NCE OF ALCOH OLIC
BEVERAG E . ii DRUGS :
NO PAWNBROKER, EM PLO YEE, OR GENT OF THE PAWNB ROKER SH , LL
ENTER INTO A CONT't CT FOR TH E PURCHASE OR PURCHASE
TRANSACT ION WITH ANY ?BRSON KNO WN TO THAT EMPLOYEE OR
AGE1''T TO flE A THIEF (;l'. T ~ ,l,\V E BEEN CONVICTED OF LARCENY OR
B RGLARY, Wl T HO U"l' f ,:!,!~'. NOTIFYING l'H E DEP ARTMENT OF
SAFETY SERVICES . ~l' .-H NOT lCE SHALL NOT BE DEEME O AS
A iTHOR IZAT IO N BY THE Ci l'Y FOR THE PAWNBROKER TO ENTER I NTO
AXY CONT RACT WITH SUCH PERSO N.
WIT H RESPE CT TO A CONTP.ACT FO R PURCHASE, NO PAWNBROKER ,
E~1PLOYEE OR AG ENT OF A PAWNB ROKER MAY PERMIT ANY
CUSTO MER TO BECOME OBLIGATED ON T HE SAME DAY IN ANY WAY
UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT
WITH THE PAWNBROKE R WHiCH WOU LD RES ULT lN T HE
PAWNB ROKER OBTAIN l NG A GREATE R AMOUNT OF MONEY THAN
WO ULD BE PERMITT ED IF THE PAW NBROKER AN D CUSTOMER HAD
ENTERE D INTO ONLY ONE CO NT RACT FOR PURCHASE COVE RlNG THE
SMIE TAi'IGIB LE PERSO NA L PROPERTY .
D . NO PAWN BROKER, EMPLOYEE OR AGENT OF A PAW NBR OKER SHALL
VIO LA TE THE TERMS OF THE CONTRACT FOR PURCHASE .
E . . 0 PAWN BR OKEli, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL
E:'ITE R INTO A CONTRACT FOR PURCHAS E OR PUR CHASE
TRANSACTION FOR A1'N TANGIBLE PERSO NA L PROPERTY WHEREIN
THE IDENTIFICATIO N NUM BER , SERIAL NUMBER , MODE L NUM BER ,
BR.Al D NAME, OWNE R'S IDE NT IFI CAT ION NUM BER OR OTHER
IDENTlFY ING MARKS ON SUC H PROPE RTY HAVE BEEN TOTALLY OR
PARTIALLY OBSCU RED .
F . KO PAWN BR OKER , EMPLOYEE OR AGENT OF A PAWNBROKER SHAL L
ENTE R INTO A CONTRACT FOR PURC HASE OR A PURCHASE
TRA .. "ISACTI ON WH EN THE PROPERTY, WHI CH IS THE SUBJECT OF TH E
CONT RACT FOR PURCHASE OR PURCHASE TRANSACTlON, IS OT HER
THAN TANG IBL E PROPERTY .
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G. NO P,,WNBROi<ER. EMPLOYEE OR AGENT OF A PAWNBROKER SHALL
ASK, DEMAND OR RECEIVE ANY GREATER RATE OF INTEREST,
COMMISSION AND COMPENSATION THAN THE TOTAL Rft.'fE OF ONE -
TENTH OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS
THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS OR
(.VER, OR ONE-FIFTH OF THE ORIGINAL PURCHASE PRICE FOR EACH
MuNTH, PLUS THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS
THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFTY DOLLAt.3 .
NO OTHER CHARGES SHALL eis MADE BY THE PAWNBROKER UPON
RENEWAL OF ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME.
IN THE EVENT AliY SUCH CHARGES ARE MAVE, THE CONTRACT SHALL
BE VOID. ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS BY THE
CUSTOMER FOR MAKJNG A CONTRACT FOR PURCHASE OR TANGIBLE
PERSONAL PROPERTY SHALL BE NULL AND VOID .
THE VIOLATION OF THE SECTION BY AN AGENT 0R EMPLOYEE OF A PAWNBROKER
SHALL BE DEEMED TO BE A VIOL.\T!ON OF THIS ScCTION BY THE PAWNBROKER.
5-12-4-16:
A.
B.
5-12-4-17 :
A.
HOLD ORDERS AND SURRENDER OF PROPERTY:
ANY POLICE OFFICE R MAY ORDER A PAWNBROKER TO HOLD ANY
TANGIBLE PERSON AL PROPERTY DEPOSITED WITH OR IN THE
CU STODY OF AJ-:Y PAWNBROKER FOR PURPOSES OF FURTHER
INV ESTIGATION . A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL
NOTIFI CATION TO THE PAWNBROKER BY THE DEPARTMENT OF
SAFETY SER VICES . NO SALE OR OTHER IMPOSITION MAY BE MADE OF
SUCH PROPERTY HELD BY ANY PAWNBROl'F.R WHILE THE HOLD ORDER
RilMAJ NS OUTSTAJ DING . A HOLD ORDER SHALL SUPERSEDE ALL
OTHER PROVISIO NS OF TIIIS SECTION, AND ANY SALE OR OTHER
DISPOSITION OF THE PROPERTY AFTER THE PAWNBROKER HAS BEEN
NOTIFIED BY THE DEPARTMENT OF SAFETY SERVICES OF A HOLD
ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION .
IF ANY POLICE OFFICER DETER,\HNES THAT ANY ARTICLE OF
PERSONAL PROPERTY HELD BY A PAWNBROKER IS STOLEN OR
ILLEGALLY OBTAf)IED PROPERTY, SUCH OFFICER MAY IMMEDIATELY
CONFISCATE SUCH PROPERTY AND MUST PRO VIDE THE PAWNBROKER
WITH A RECEIPT , CASE REPORT NUMBER AND THE POLICE REPORT
COVER SHEET SETIJN G F()RM THE BASIS FOR THE CONFISCATION .
LIABILITY OF PAWNBROKER :
A PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE OR
CONTRA GT OF PURCHASE TRANSA CT ION FROM A CUSTOMER WHO IS
NOT THE OWNER THEREOF OBTAI NS NO TITLE !N THE ARTICLE
EITHER BY REASON OF THE EXPIRATIO N OF THE CONTRA CT OR BY
TRANS ~'ER OF TH E: RE CEIPT TO THE PAW NBROKEk BY THE CI JSTOMER
OR HOLDER THER EOF . IG NORAN CE OF THE FAC, T THAT. THE ARTICLE
WAS LO f'T OR STOL EN SHALL NOT BE CONSTRUED 't'O EFFECT THE
QUESTI ON OF THE TITLE . IF THE PAW NBROKER SHALL SELL SUCH
PJn!CLE TO A THI.RD PERSO N, THE PAWNBROKER SHALL RECOVER
TH E ARTICLE OR REIMBURS E THE FAIR MARKET VALUE OF THE
ARTI CLE . fHE LAWFUL OWN ER MAY , UPON PROOF OF HIS OR HER
OWNERSHIP OF TH E ARTI CLE LO ST OR ST OLEN , CLAIM TH E SAME FROM
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5-12-4-18:
THC: PAWNBROKi!!R OR RECOVF, l THE SAME BY TH l'..: APPROPRIATE
LEGAL MEANS INCLIJDIN'C;, Wl'fHOUT LIMITATJON, FORFEITURE OF
THE l'IIIR MARKET VAV.T E OF Slll'.:H ARTICLE OUT OF THE BOND
RE ,-JlRED BY SECTION 5-12-4-7 .
A PAWNBROKER SHALL s ,: LIARLE FOR THE LOSS OF TANGIB LE
Pi,RSONAL PROPERTY OR PA.'l.T •1::·,:·'REOF OR r'OR DAMAGES THERETO,
WHETHER CAUSED BY FIRE , "f':H,FT, BURGLARY OR OTHERWISE ,
RT:SULTJNG FROM HIS OR HER FA ILURE TO EXERCISE REA SONABLE
C; RE JN REGARD TO IT.
HOURS OF PAWNBROKERS: IT IS UNLAWFUL FOR ANY PAWNBROKER TO
OPERATE DURING THE FOLLOWING HOURS AND ON THE ~'OLLOWING
DAYS :
A. AFTER 10:00 P.M. AND BEl'ORis ~:00 A.M ..
B. ON SUNDAY
~ Safety Clauses T e City Council , he:r O;, finds, determines, nnd decla res that this
Ordinance is promulgated um,ar th e general police po wer of the City of Englewood , that it is
promulgated for the health, safety, and welfare of the pu li1~, and th at this Ordinance is necessary
for the preservation of henlth and safe ty and for the protection of public conv en ien 1.;e and welfare.
The City Council fu rther determin es that the Ord ina nce hears a ration a l relation tD the proper
legis lative obj ect sough t to be obtained .
&wnn....a, Severabj)jty If any clause, sentence, paragraph, ,r ~art of th is 0:-dinance or th e
application thereof to any per son or circumstan ce s shall for any rea son be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect impair or in validate the remainder
of this Ordinance or its application to other persons or circum~tances.
~ !Iwwsistent Ordinances All other Ordinanc~s or portions thereof incon 4)i ste nt or
conOicting \vith th~s Ordinance or any portion h l!reof are h:neby rep ealed to the ext.en : of such
i ncons istency or co,,flict.
~ ~" repeal or modiGeation Th e repeal or modification of any provi sion of th e
Code of the City of Englewood by thi ll Ordinanc e sh,all not release, e xtinguish , alter, modify, or
change in whole or h . !lrt any penalty, forfeiturf:\ or liability, either ci vi l or criminal , which
shall have been incurred under such provision , ond each p,ovision shall be treated and held as
still remaining in for ce for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions fort.he enforce ment of the pe nalty, tiJ1feiture , or li ability, as well as
fo r the purpose ,:,f sustaining any judgment, decree, or order which can or may be re nd ered,
en tered, or mP.de in !l=uch actions, suits, proc eedi ngs, or pro secutions.
~-El:~-Th e Penalty Provision of Section 1-4-1 shall •~p ly tD each and every
vio latio'1 of Lhi s Ordinance.
lnt.roduced, re a d in full , a nd passed on fir st reading on th e 27th day of February, 1995.
Publi sh ..l as e Bill for an vrdinance on the 2nd day of March , 1995.
Read by titl e and pass ed on final reading on th e 20th day of Morch, 1995 .
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Published by title•• Ordinance No. 5, Series of 1995, on the 23rd day of March, 1995.
~d.tll
Loucrishia A. Ellis , Citr Cle rk
I, Loucri shia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the abov e
an d foreg,,in g is a true copy of the 0,-dinance passed on fi nal r eading and published by title as
Ordinance No. 5.., Series of 1995.
. , ~dilA·
Loucri shia A. Elli s
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COUNCIL COMMUNICATION
Data Agend1J Item Subject
February 27 , 1995 11 a i Pawnshop Ord inance
Initiated By · Staff Source
Department of Safety Services C . H. Olson, Deputy Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Counc il Goal: Economic development.
Previous Council Action: Title 5 , Chapter 12, Section 4 , EMC 1985.
RECOMMENDED ACTION
Reena cting of a new Section 4 , Title 5, Chapter 12 of th& EMC , that significantly ex pand s the
regulatory provisions of the Eng lewood Municipal Code regar ding the operat ion of pawnsh ops and
related activities within the City, as relates to the needs of the Police Divisio n of the Department
of Safety Services .
A corre sponding resolution establishes the application fee , applicati on amendment fee, annual
li cense fee , transaction fee , and bond for pawns hops located within t he City.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
W ith t he in creas e in the number of pawnshops ope rating within the City, and the rela ted workload
plac ed on the Police Division due to th e adm inistrative requ irements of rece iving and fil ing
pawnshop re c eipts , plus the need to adhere to state statutes more closely, a more extensive set
of reg u latory guidelines is needed in the EMC . Additionally, to offset the cost of the administrative
expenses related to this activity, a more realist ic level of use r fee assessments is necessary.
When the initial proposa l for a pawnshop ordinance was announced at the 1995 Council budget
session, pawnshop owners, with the support of the Greater Englewood Ch amber of Commerce ,
as ked for the opportunity to present their concerns and potential alternatives to the ordinance , as
proposed . After several meetings between City staff and busines s representatives, a comprom ise
ordinance and fee sc hedule wa s generally agreed on .
The ord ina nce, as presently proposed, is supported by Safety Serv ices st aff and the Chamber of
• Commerce .
-,~
Pnn led on Re cycle d Paper I.;.:'..
ANANCIAL IMPACT
Estimated revenues for 1995 from the application of the proposed pawnshop fees ere estimated to
be about $25,000.
Revenues for 1956 end beyond may exceed the 1995 amount, depending on the number of
pawnshops that continue to be operating, or initiate operations, in the city .
UST OF ATTACHMENTS
Proposed ordinance
Resolution pertaining to fees
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