367.043. License required--qualifications--oath--bond--accounting--location within one-half mile of excursion gambling boat or facility, prohibited, when.
License required--qualifications--oath--bond--accounting--locationwithin one-half mile of excursion gambling boat or facility,prohibited, when.
367.043. 1. No person shall operate a pawnshop unless suchperson obtains a municipal pawnshop license issued pursuant tothis section. Each municipality or county may issue a pawnshoplicense to any person who meets the qualifications of thissection. To be eligible for a pawnshop license, an applicantshall:
(1) Be of good moral character;
(2) Have net assets of at least fifty thousand dollarsreadily available for use in conducting business as a pawnshopfor each licensed pawnshop; and
(3) Show that the pawnshop will be operated lawfully andfairly within the purposes of sections 367.011 to 367.060. Inaddition to the qualifications specified in subdivisions (1) to(3) of this subsection, a municipality or county may also refuseto issue a pawnshop license to any applicant who has a felony ormisdemeanor conviction which directly relates to the duties andresponsibilities of the occupation of pawnbroker or otherwisemakes the applicant presently unfit for a pawnshop license.
2. If the municipality or county is unable to verify thatthe applicant meets the net assets requirement for a licensedpawnshop, the municipality or county may require a finding,including the presentation of a current balance sheet, by anindependent certified public accountant that the accountant hasreviewed the books and records of the applicant and that theapplicant meets the net assets requirement of this section.
3. An application for a new pawnshop license, the transferof an existing pawnshop license or the approval of a change inthe ownership of a licensed pawnshop shall be under oath andshall state the full name and place of residence of theapplicant, the place where the business is to be conducted, andother relevant information required by the municipality orcounty. If the applicant is a partnership, the municipality orcounty may require that the application state the full name andaddress of each member. If the applicant is a corporation, theapplication shall state the full name and address of eachofficer, shareholder, and director. The application shall beaccompanied by:
(1) An investigation fee of five hundred dollars if theapplicant is unlicensed at the time of applying for the pawnshoplicense or two hundred fifty dollars if the application involvesa second or additional license to an applicant previouslylicensed for a separate location or involves substantiallyidentical principals and owners of a licensed pawnshop at aseparate location; and
(2) Proof of general liability if required by themunicipality or county, and an annual fee of five hundreddollars.
4. Each applicant for a pawnshop license at the time offiling application shall file with the municipality or county, ifthe municipality or county so requires, a bond satisfactory tohim and in an amount not to exceed five thousand dollars for eachlicense with a surety company qualified to do business in thisstate. The aggregate liability of such surety shall not exceedthe amount stated in the bond. The bond shall run to the statefor the use of the state and of any person or persons who mayhave a cause of action against the obligor of such bond under theprovisions of sections 367.011 to 367.060. Such bond shall beconditioned that the obligor will comply with the provisions ofsections 367.011 to 367.060 and of all rules and regulationslawfully made by the municipality or county, and will pay to thestate and to any such person or persons any and all amounts ofmoney that may become due or owing to the state or to such personor persons from such obligor under and by virtue of theprovisions of sections 367.011 to 367.060 during the time suchbond is in effect.
5. Each licensee shall keep, consistent with acceptedaccounting practices, adequate books and records relating to thelicensee's pawn transactions, which books and records shall bepreserved for a period of at least two years from the date of thelast transaction recorded therein.
6. No person who is lawfully operating a pawnshop on August28, 1990, shall be required to obtain a license under thissection in order to continue operating such pawnshop, so long assuch person does not violate any other provision of sections367.011 to 367.060, except that, if such person is required bythe municipality or county to have an occupational license, suchperson shall be required to pay the five-hundred-dollar annualfee prescribed in subdivision (2) of subsection 3 of this sectionin lieu of any municipal or county occupational license fee.
7. In addition to the other requirements of this sectionfor licensure, no license shall be issued under this section onor after May 20, 1994, for the initial operation of a pawnshop ifsuch pawnshop is to be located within one-half mile of a sitewhere an excursion gambling boat dock or facility is located orwithin one-half mile of a site where an application for such anexcursion gambling boat dock or facility is on file with thegaming commission prior to the date the application for thepawnshop license is filed. The provisions of this subsectionshall not prohibit a pawnshop from being located within one-halfmile of a dock or facility or proposed dock or facility describedin this subsection if the license for such pawnshop has beenissued prior to May 20, 1994.
(L. 1990 H.B. 1125, A.L. 1993 S.B. 18, A.L. 1994 S.B. 740)Effective 5-20-94