Ordinance NO. 2013-8

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-8

TITLE: AN ORDINANCE AMENDING SECTION 6-5-100 OF THE MOUNTAIN VIEW MUNICIPAL CODE REGARDING THE ISSUANCE OR DENIAL OF PAWNBROKER LICENSE

WHEREAS, the Town Council finds and determines that the Town’s pawnbroker licensing ordinance should be amended to meet the needs of the Town.

THE TOWN COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. Section 6-5-100 of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 6-5-100. Issuance or denial of license.

(a) The Town Clerk shall make a decision to issue the pawnbroker license or to deny the request for a license or renewal thereof no later than thirty (30) days after the Town Clerk has received all forms, documents and items required of the applicant by this Article and the results of the Police Department’s investigation.

(b) If the investigation reveals that the applicant’s request for a pawnbroker license may be approved, and the Town Clerk has received verification that the applicant has met the bond and insurance requirements and all other requirements of this Article, the Town Clerk shall issue and deliver to the applicant a pawnbroker license for use only at the premises specified in the application and only by the person making the particular application.

(c) A request for a new or renewal pawnbroker license may be denied by the Town Clerk on grounds including but not limited to the following:

(1) A finding that an individual applicant, partner, officer or director of a corporation, and/or holder of ten percent (10%) or more of the stock of a corporate applicant or manager of a pawnbroker establishment: fails at any time to meet the qualifications of this Article; violates any provision of this Article or other Town ordinance; obtained the license by fraud or misrepresentation; or has been convicted of a felony or any offense involving moral turpitude including, but not limited to, theft, fraud, robbery, burglary, larceny, or deceit; and such conviction, as determined by the Police Department, would create a danger to the public health, safety, or welfare if the licensee were to continue to engage in such conduct.

(2) A finding that an applicant is not financially responsible, is not in good standing, or is not authorized to do business in Colorado. As used herein, “financially responsible” means having sufficient income and assets to defray expenses and provide for liabilities of the business as they become due.

(3) A FINDING THAT THE ISSUANCE OF A PAWNBROKER LICENSE TO THE APPLICANT WOULD ENDANGER OR IMPEDE PUBLIC HEALTH, SAFETY, MORALS OR THE GENERAL WELFARE OF THE TOWN, OR CAUSE AN UNDUE FINANICAL BURDEN ON THE TOWN.

(d) The Town Clerk shall issue a written notice of any denial of a request for a pawnbroker license, including the reasons for such denial, and the Town Clerk’s decision may be appealed to the Town Council pursuant to the procedure outlined in Section 6-5-11O(b).

Section 2. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, 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 Town Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 3. 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 application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective ten ( 10) days after passage.

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST AND FINAL READING THIS 13th DAY OF MAY, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 10th DAY OF JUNE 2013