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Home My WebLink About1997 Ordinance No. 047.; ' . ORDINANCE NO. JjJ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER WAGGONER/ WIGGINS AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 16, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTOMOBILE PAWNBROKERS AND WHICH REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council established a temporary suspension or moratorium of certain miscellaneous business licenses for a period of six months with the passage of Ordinance No. 25, series of 1996; and WHEREAS, the moratorium or temporary suspension included Auto Pawnbrokers licenses ; and WHEREAS, the license must be conspicuously displayed so its validity can be readily determined; and WHEREAS , the license is specific to the location and license holder due to zoning and criminal background issues surrounding this license; and WHEREAS , the license requires a bond to insure all requirements contained in this Title 5 and Chapter are followed and all customer property is returned by the license holder; and WHEREAS , the license holder must have insurance in an amount sufficient to cover losses that would otherwise be borne by customers of license holder; and WHEREAS , the license holder must submit to a background check to protect the public from the possibility of dealing with stolen automobiles; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood , Colorado hereby enacts a new Title 5, Chapter 16 , of the Englewood Municipal Code 1985 , entitled Automobile Pawnbrokers which shall read as follows : 10 b iii CHAPTER16 AUTOMOBILE PAWNBROKERS SECTION: 5-16-1 : DEFINITIONS 5-16-2: LICENSE REQUIRED 5-16-3: APPLICATION FOR LICENSE 5-16-4 : SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE 5-16-1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPI'ER , THE FOLLOWING TERMS, PHRASES , WORDS AND THEIR DERIVATIONS SHALL HAVE THE MEANINGS GIVEN HEREIN . AUTOMOBILE PAWNBROKER : CONTRACT FOR PURCHASE: FIXED PRICE: A PERSON REGULARLY ENGAGED IN THE BUSINESS OF MAKING CONTRACTS FOR PURCHASE OR AUTOMOBILE PURCHASE TRANSACTIONS IN THE COURSE OF BUSINESS. THIS CHAPTER SHALL NOT APPLY TO NEW OR USED AUTOMOBILE DEALERS UNLESS SPECIFICALLY ADOPTED BY ANOTHER SECTION . A CONTRACT ENTERED INTO BETWEEN AN AUTOMOBILE PAWNBROKER AND A CUSTOMER PURSUANT TO WHICH MONEY IS ADV AN CED TO THE CUSTOMER BY THE AUTOMOBILE PAWNBROKER ON THE DELIVERY OF TANGIBLE PERSONAL PROPERTY BY THE CUSTOMER TO THE AUTOMOBILE PAWNBROKER ON THE CONDITION THAT THE CUSTOMER, FOR A FIXED PRICE AND WITHIN A FIXED PERIOD OF TIME, NOT TO EXCEED NINETY (90 ) DAYS , HAS THE OPTION TO CANCEL THE CONTRACT AND RECOVER FROM THE AUTOMOBILE PAWNBROKER THE TANGIBLE PERSONAL PROPERTY. THE AMOUNT AGREED UPON TO CANCEL A CONTRACT FOR PURCHASE DURING THE OPTION PERIOD. SAID FIXED PRICE SHALL NOT EXCEED: (1) ONE-TENTH (1/10 ) 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 ($50.00 ). -2 - . ' I j 4 . " FIXED TIME : LOCAL LAW ENFORCEMENT AGENCY: OPTION : POLICE DIVISION: PURCHASE: THAT PERIOD OF TIME , NOT TO EXCEED NINETY (90 ) DAYS, AS SET FORTH IN A CONTRACT FOR PURCHASE, WITHIN WHICH THE CUSTOMER MAY EXERCISE AN OPTION TO CANCEL THE CONTRACT FOR PURCHASE. ANY MARSHAL'S OFFICE, POLICE AGENCY, OR SHERIFF'S OFFICE WITH JURISDICTION IN THE LOCALITY IN WHICH THE CUSTOMER ENTERS INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION . THE FIXED TIME AND THE FIXED PRICE AGREED UPON BY THE CUSTOMER AND THE AUTOMOBILE PAWNBROKER IN WHICH A CONTRACT FOR PURCHASE MAY BE, BUT DOES NOT HA VE TO BE , RESCINDED BY THE CUSTOMER. THE POLICE DIVISION OF THE DEPARTMENT OF SAFETY SERVICES FOR THE CITY OF ENGLEWOOD. THE PURCHASE BY AN AUTOMOBILE PAWNBROKER IN THE COURSE OF BUSINESS . 5-16-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PROVIDE THE SERVICES OF AN AUTOMOBILE PAWN BROKER WITHOUT FIRST OBTAINING A LICENSE . 5-16-3: APPLICATION FOR LICENSE: AUTOMOBILE PAWNBROKER LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1, OF THIS TITLE . 5-16-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: IN ADDITION TO THE REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING SPECIAL CONDITIONS AND RESTRICTIONS APPLY: A. EVERY LI CENSEE SHALL DISPLAY A VALID LICENSE IN A CONSPICUOUS PLACE WITHIN THE AUTO PAWNBROKERS ESTABLISHMENT SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE PREMISES . B. LICENSE NOT TRANSFERABLE : ANY LICENSE ISSUED PURSUANT TO THIS CHAPTER SHALL NOT BE TRANSFERABLE . ANY SUCH LICENSE MAY NOT BE TRANSFERRED TO EITHER ANOTHER PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION. ANY CHANGE IN THE PARTNERS OF A PARTNERSHIP OR IN OFFICERS , DIRECTORS, OR HOLDERS OF TEN PERCENT (10 %) OR MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING AN AUTOMOBILE PAWNBROKER LICENSE SHALL RESULT IN TERMINATION OF THE LICENSE OF THE -3- PARTNERSHIP OR CORPORATION UNLESS A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE. C . BOND REQUIRED : AS PART OF THE LICENSING PROCESS , THE APPLICANT SHALL FURNISH A GOOD AND SUFFICIENT BOND IN A SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLUTION. SUCH BOND SHALL BE CONDITIONED UPON THE FAITHFUL OBSERVANCE OF THE REQUIREMENTS OF THIS CHAPTER AND CONDITIONED UPON THE SAFEKEEPING OR RETURN OF ALL ARTICLES IN PLEDGE BY SUCH AUTOMOBILE PAWNBROKER. D. INSURANCE REQUIRED : AS PART OF THE LICENSING PROCESS , THE APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE INSURANCE FOR ALL PROPERTY THE AUTOMOBILE PAWNBROKER HOLDS BY CONTRACT IN THE MINIMUM AMOUNT OF ONE-HALF (112 ) 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 AN AUTOMOBILE PAWNBROKER LICENSE IS ISSUED . PROOF OF THIS INSURANCE COVERAGE MUST BE PROVIDED EACH TIME A REQUEST FOR A RENEW AL IS FILED WITH THE LICENSING OFFICER . E . BACKGROUND INVESTIGATION: APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS. F. CHANGE OF OWNERSHIP OR MANAGEMENT : 1. AN AUTOMOBILE PAWNBROKER MAY EMPLOY A MANAGER TO OPERATE THE BUSINESS PROVIDED THE AUTOMOBILE PAWNBROKER RETAINS COMPLETE CONTROL OF ALL ASPECTS OF THE BUSINESS , INCLUDING BUT NOT LIMITED TO , THE AUTOMOBILE PAWNBROKER'S RIGHT TO POSSESSION OF THE PREMISES, HIS/HER RESPONSIBILITY FOR ALL DEBTS, AND THE AUTOMOBILE PAWNBROKER MUST BEAR ALL RISK OF LOSS OR OPPORTUNITY FOR PROFIT FROM THE BUSINESS. 2. IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT (10 %) OF THE SHARES OF STOCK OF A CORPORATE LICENSE HOLDER , PARTNER OF A PARTNERSHIP , OR MANAGER, DISCLOSURE IN WRITING BY AMENDMENT TO THE ORIGINAL APPLICATION FOR THE ISSUANCE OF AN AUTOMOBILE PAWNBROKER LICENSE SHALL BE MADE TO THE LICENSING OFFICER. 3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION , NEITHER A NEW LICENSE NOR AN AMENDMENT TO AN EXISTING LICENSE SHALL BE REQUIRED UPON ANY CHANGE, DIRECTLY OR BENEFICIALLY, IN THE OWNERSHIP OF ANY LICENSED AUTOMOBILE PAWNSHOP , WHICH IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER OF A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 (THE "ACT") OR IS -4- •• ,1 I AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15 (d) OF THE ACT , PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INFORMATION , DOCUMENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER WITH SECURITIES AND EXCHANGE COMMISSION . SUCH ISSUER SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON MANAGERS , OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF MANAGERS , OFFICERS AND DIRE CTORS OF CORPORATE AUTOMOBILE PAWNBROKERS . 4. THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR AMENDMENT OF THE APPLICATION , WHICH FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION. THE NEW MANAGER SHALL BE PHOTOGRAPHED, FINGERPRINTED AND INVESTIGATED AS REQUIRED IN SECTION 5-16-4(E ). G. REQUIRED ACTS : 1. AN AUTOMOBILE PAWNBROKER SHALL KEEP A NUMERICAL REGISTER IN WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION: THE NAME , ADDRESS AND DATE OF BIRTH OF THE CUSTOMER; THE CUSTOMER 'S DRIVER'S LICENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE ARTICLES PURSUANT TO SECTION 18 -16-103 , C.R.S.; OR FOR THE SALE OF SECONDHAND PROPERTY PURSUANT TO SECTION 18-12-114 C.R.S .; THE DATE , TIME AND PLACE OF THE CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION; AN D AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPTION OF EACH ITEM OF TANGIBLE PERSONAL PROPERTY, INCLUDING , BUT NOT LIMITED TO , ANY TRADEMARK , IDENTIFICATION NUMBER , SERIAL NUMBER , MODEL NUMBER, BRAND NAME, OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY. THE AUTOMOBILE PAWNBROKER SHALL ALSO OBTAIN A WRITTEN DECLARATION OF THE CUSTOMER'S OWNERSHIP WHICH SHALL STATE THAT EACH PIECE OF TANGIBLE PERSONAL PROPERTY IS TOTALLY OWNED BY THE CUSTOMER, OR SHALL HA VE ATTACHED TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO THE CUSTOMER , HOW LONG THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPERTY, AND , IF THE PROPERTY WAS FOUND , THE DETAILS OF THE FINDING. -5- 2. IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE TRANSACTION INVOLVES MORE THAN ONE ITEM , EACH ITEM SHALL BE RECORDED ON THE AUTOMOBILE PAWNBROKER'S REGISTER AND ON THE CUSTOMER'S DECLARATION OF OWNERSHIP . 3. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR THE PURCHASE TRANSACTION. 4 . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE DECLARATION OF OWNERSHIP . 5 . SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME . 6. THE AUTOMOBILE PAWNBROKER SHALL KEEP EACH REGISTER FOR AT LEAST THREE (3 ) YEARS AFTER THE DATE OF THE LAST TRANSACTION ENTERED IN THE REGISTER. 7 . AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL CONTRACTED GOODS WITHIN HIS/HER JURISDICTION FOR A PERIOD OF TEN (10 ) DAYS FOLLOWING THE MATURITY DATE OF THE CONTRACT FOR PURCHASE , DURING WHICH TIME SUCH GOODS SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY. 8 . AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY HIM/HER THROUGH A PURCHASE TRANSACTION FOR THIRTY (30 ) DAYS FOLLOWING THE DATE OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 9. EVERY AUTOMOBILE PAWNBROKER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY , ON A WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS , 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 CUSTOMER'S DECLARATION OF OWNERSHIP FORM SHALL CONTAIN THE SAME INFORMATION REQUIRED TO BE RECORDED IN THE AUTOMOBILE PAWNBROKER'S REGISTER PURSUANT TO SUBSECTION 1 OF THIS SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS AND DECLARATIONS SHALL BE SUBMITTED . -6- '•' . \ .. . . :'. ; ,, 10. EVERY AUTOMOBILE PAWNBROKER SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM. THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION. 11. EVERY AUTOMOBILE PAWNBROKER SHALL, AT HIS/HER EXPENSE , KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE LICENSING OFFICER. H. PROHIBITED ACTS : 1. NO AUTOMOBILE PAWNBROKER, EMPLOYEE , OR AGENT OF THE AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON UNDER THE AGE OF EIGHTEEN (18 ) YEARS OR WITH ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS . 2. NO AUTOMOBILE PAWNBROKER, EMPLOYEE , OR AGENT OF THE AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR THE PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON KNOWN TO THAT EMPLOYEE OR AGENT TO BE A THIEF OR TO HA VE BEEN CONVICTED OF LAR CENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE AUTOMOBILE PAWNBROKER TO ENTER INTO ANY CONTRACT WITH SUCH PERSON . 3 . NO AUTOMOBILE PAWNBROKER SHALL TAKE ANY TANGIBLE PERSONAL PROPERTY FROM A CUSTOMER ON CONSIGNMENT . 4 . WITH RESPECT TO A CONTRACT FOR PURCHASE, NO AUTOMOBILE PAWNBROKER , EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER MAY PERMIT ANY CUSTOMER TO BECOME OBLIGATED ON THE SAME DAY IN ANY WAY UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT WITH THE AUTOMOBILE PAWNBROKER WHICH WOULD RESULT IN THE AUTOMOBILE PAWNBROKER OBTAINING A GREATER AMOUNT OF MONEY THAN WOULD BE PERMITTED IF THE AUTOMOBILE PAWNBROKER AND CUSTOMER HAD ENTERED INTO ONLY ONE CONTRACT FOR PURCHASE COVERING THE SAME TANGIBLE PERSONAL PROPERTY. 5. NO AUT OMOBILE PAWN BROKER , EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER SHALL VIOLATE T HE TERMS OF THE CONTRACT FOR PURCHASE . 6 . NO AUTOMOBILE PAWNBROKER , EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION FOR ANY TANGIBLE PERSONAL PROPERTY WHEREIN THE IDENTIFI CATION NUMBER , SERIAL NUMBER, MODEL NUMBER, -7- BRAND NAME , OWNER'S IDENTIFICATION NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY HA VE BEEN TOTALLY OR PARTIALLY OBSCURED . 7. NO AUTOMOBILE PAWNBROKER , EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER SHALL ASK, DEMAND OR RECEIVE ANY GREATER RATE OF INTEREST, COMMISSION AND COMPENSATION THAN THE TOTAL RATE OF ONE-TENTH (1110 ) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH , PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS ($50.00 ) OR OVER , OR ONE -FIFTH (1/5 ) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH , PLUS THE ORIGINAL PURCHASE PRICE , ON AMOUNTS UNDER FIFTY DOLLARS ($50 .00 ). NO OTHER CHARGES SHALL BE MADE BY THE AUTOMOBILE PAWNBROKER UPON RENEWAL OF ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME . IN THE EVENT ANY SUCH CHARGES ARE MADE , THE CONTRACT SHALL BE VOID . ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS BY THE CUSTOMER FOR MAKING A CONTRACT FOR PURCHASE OF TANGIBLE PERSONAL PROPERTY SHALL BE NULL AND VOID . I. HOLD ORDERS AND SURRENDER OF PROPERTY: 1. ANY LAW ENFORCEMENT OFFICER MAY ORDER AN AUTOMOBILE PAWNBROKER TO HOLD ANY TANGIBLE PERSONAL PROPERTY DEPOSITED WITH OR IN THE CUSTODY OF ANY AUTOMOBILE PAWNBROKER FOR PURPOSES OF FURTHER INVESTIGATION . A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE AUTOMOBILE PAWNBROKER. NO SALE OR OTHER IMPOSITION MAY BE MADE OF SUCH PROPERTY HELD BY ANY AUTOMOBILE PAWNBROKER WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS CHAPTER , AND ANY SALE OR OTHER DISPOSITION OF THE PROPERTY AFTER THE AUTOMOBILE PAWNBROKER HAS BEEN NOTIFIED OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION . 2 . IF ANY LAW ENFORCEMENT OFFICER DETERMINES THAT ANY ARTICLE OF PERSONAL PROPERTY HELD BY AN AUTOMOBILE PAWNBROKER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE AUTOMOBILE PAWNBROKER WITH A RECEIPT AND CASE REPORT NUMBER. J . LIABILITY OF PAWNBROKER: 1. AN AUTOMOBILE PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE OR CONTRACT OF PURCHASE TRANSACTION FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO TITLE IN THE ARTICLE EITHER BY REASON OF THE EXPIRATION OF THE CONTRACT OR BY TRANSFER OF THE RECEIPT TO THE AUTOMOBILE PAWNBROKER BY THE CUSTOMER OR HOLDER THEREOF. IGNORANCE OF THE FACT -8- ... , .. " ·. THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE . IF THE AUTOMOBILE PAWNBROKER SHALL SELL SUCH ARTICLE TO A THIRD PERSON, THE AUTOMOBILE PAWNBROKER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE . THE LAWFUL OWNER MAY , UPON PROOF OF HIS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE AUTOMOBILE PAWNBROKER OR RECOVER THE APPROPRIATE LEGAL MEANS INCLUDING, WITHOUT LIMITATION, FORFEITURE OF THE FAIR MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND REQUIRED BY SECTION 5-16-4C . 2. AN AUTOMOBILE PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGIBLE PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES THERETO, WHETHER CAUSED BY FIRE, THEFT, BURGLARY OR OTHERWISE , RESULTING FROM HIS OR HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO IT . Section 2. The Englewood City Council established a temporary suspension or moratorium of certain miscellaneous business licenses for a period of six months with the passage of Ordinance No . 25, series of 1996 and now removes the following license from the moratorium: AUTOMOBILE PAWNBROKER Section 3. Safety Clauses. The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -9- Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7 . Penalty. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Section 8 . Effective Date. This Ordinance shall go into effect on July 7, 1997 . Introduced, read in full, and passed on first reading on the 5th day of May, 1997 . Published as a Bill for an Ordinance on the 8th day of May, 1997. Amended and reintroduced, read in full, and passed as amended on the 2nd day of June, 1997. Published as amended on the 5th day of June, 1997. Read by title and passed on final reading on the 16th day of June, 1997. Published by title as Ordinance No . lf1_, Series of 1997, on the 19th day of June, 1997. J homas J .• Burns, Mayor I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . t/:..2, Series of 1997. Loucrishia A. Ellis -10- ...... • COUNCIL COMMUNICATION Date Agenda Item Subject June 2, 1997 Bill for an ordinance adding a new 10 a v Title 5, Chapter 16 (Auto Pawnbrokers) to the City Code. Initiated By Staff Source Department of Financial Services Frank Grvqlewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance adds a new Title 5, Chapter 16 (Auto Pawnbrokers) to the City Code. This license was not specifically included in the moratorium. At the May 6, 1996 study session , staff discussed the proposed moratorium with the City Council. On June 3 , 1996, the City Council read and passed Ordinance 25, Series of 1996 on final reading . This Ordinance established the moratorium to run from June 10, 1996 to December 10, 1996. Council adopted Ordinance 55, Series of 1996 extending the moratorium until April 10, 1997. On February 18 , 1997, City Council approved on first reading a bill for and ordinance extending the moratorium until July 10, 1997. On May 5, 1997, City Council passed this bill for an ordinance on first reading . This is being read on first reading again because an undesired gap in the moratorium would occur. City Gouncil 9iscussed this license with staff at the study session held on January 13, 1997. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This is a new license that mirrors the provisions of pawnbrokers. The license was broken out from pawnbrokers licenses to give the City more flexibility in zoning for these types of establishments . This license was enacted in response to community concerns over the impact these establishments have on the surrounding neighborhoods. Also, the restrictive hours of operation have been removed from this bill for an ordinance . If City Council desires to place restrictions on the hours of operations for this license, it is recommended that this be done through a conditional use zoning process similar to temporary employment services . No alternatives were identified. FINANCIAL IMPACT The license fee has not been set as required by Chapter 1 of Title 5 . The resolution setting fees is scheduled to go to City Council on May 19 , 1997. No funds were collected in 1996 . LIST OF ATTACHMENTS Copy of the proposed bill for an ordinance . .![ ~ Printed on Recyc led Paper .1:=~~·