For purposes of this chapter, the following terms are defined:

   1.   “Pawnbroker” means every person who makes loans or advancements upon pawn, pledge, or deposit of personal property, or who receives actual possession of personal property as security for loans, with or without a mortgage, or bill of sale thereon, or who by advertisement, sign, or otherwise holds themselves out as a pawnbroker.

   2.   “Police reports” means:

      A.   “Positive” means a report or review complied by the Police Chief which does not disclose a criminal record of a felony, or any conviction under this chapter two or more times, in a calendar year, or a conviction under Chapter 714 of the Code of Iowa.

      B.   “Negative” means a report or review compiled by the Police Chief which discloses a criminal record of a felony, or any conviction under this chapter two or more times in a calendar year or a conviction under Chapter 714 of the Code of Iowa.

   No person shall engage in the pawn business without first obtaining a pawnbroker license. All applicants for such licenses shall apply in writing to the Clerk. All license applications shall contain the following information:

   1.   The full name, residential address, business address, date of birth, social security number of the applicant, and where the applicant is a corporation or partnership, of the officers or partners;

   2.   The name and address of the owner of the business premises;

   3.   The business, occupation, or employment of the applicant, including location thereof, for the two years immediately preceding the date of application; and

   4.   The arrest record of the applicant and whether the applicant has ever been convicted of any crime, except simple misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.

   Upon receipt of a pawnbroker license application, the Clerk shall forward a copy of the application to the Police Chief who shall review the application. The applicant shall furnish such evidence as may reasonably be required in support of the statements set forth in the application. The Police Chief shall report to the Clerk within 30 days of receipt of the application considering but not limited to the following criteria:

   1.   Whether the applicant, or the applicant’s agents or employees, charged with receiving or distributing property, have been convicted of a felony. However, if the conviction of a felony occurred more than five years before the application for a pawnbroker license, and if such person’s rights of citizenship have been restored by the Governor, such conviction shall not be a bar to obtaining a pawnbroker license;

   2.   Whether the applicant has truthfully reported all relevant facts within the pawnbroker application; and

   3.   The applicant has such financial standing and good reputation to indicate that they will comply with all the laws of the State and the City.

   1.   Upon receipt of a positive police report and the appropriate fees, the Clerk shall approve the application, if the applicant has fully complied with all of the requirements of this chapter, and the Clerk shall thereupon issue a pawnbroker license to the applicant and forward a copy of such to the Police Chief. The license shall expire one year following issuance. The license shall state the name and place of residence of the person licensed, the business to be transacted and the place where it is to be carried on, and the date of issuance and expiration of the license.

   2.   In the event that the Clerk determines that the applicant for a new or renewal license has not fully complied with all of the requirements of this chapter, or that the Police Department returns a negative report, or that the applicant has falsified the application, than the Clerk shall, after consultation with the legal department, advise the Council of the basis for questioning the applicant’s qualifications, and the procedures for notice and hearing as set forth in Section 127.10 shall apply.

   An applicant for a pawnbroker license shall submit a fee of $200.00 to the Clerk at the time of filing the application. In the event the application is denied, $50.00 of the total fee shall be retained to cover administrative costs.

   Any person conducting several or separate pawnbroker businesses shall pay the license fee and procure a license for each place and any violations in one licensed premises shall be deemed violations in all premises licensed by that pawnbroker.

   Every licensed pawnbroker shall display the license conspicuously in the business so that it may be readily observed by all persons entering the premises.

   No pawnbroker licenses shall be sold or transferred. The purchaser or purchasers of any pawnbroker business or of the majority of the stock of any corporation operating a pawnbroker business shall make application for and obtain a new license before operating such business at the location for which the license has been issued.

   Every licensed pawnbroker shall apply for a license annually by application as if for an original license. There shall be no automatic renewal. Such application shall be filed and the fee paid not less than 45 days prior to the expiration of the current license.

   1.   A pawnbroker license may be denied, suspended, or revoked for any violation of this chapter, including, but not limited to, the failure to comply with new or renewal application procedures, a negative police report, or falsification of a new or renewal application, or for the failure to maintain records in conformity with the requirements enumerated under this chapter.

   2.   The Clerk shall, upon receipt of information alleging that grounds exist to deny, suspend, or revoke the pawnbroker license of any applicant or licensee under this chapter, and after consultation with the legal department, report the circumstances to the Council, which in such case shall cause a notice to be sent by ordinary mail to the applicant or licensee, which notice shall state that a denial, suspension, or revocation hearing has been set before the Council, the grounds for the proposed denial, suspension, or revocation, the date and time of the hearing and the place where the hearing will be conducted. Upon such hearing, if the Council shall determine that one or more such grounds do exist, it may deny an application or suspend or revoke an existing license. A suspension shall constitute a minimum period of 14 calendar days to a maximum period of 30 calendar days during which period the licensee may not conduct any business except for redemptions and shall conspicuously post a sign stating the terms of the suspension at the entrance of the licensed premises. Such a sign shall be supplied by and posted by the Police Chief. In the event such license is revoked, no pawnbroker license shall be issued to that person for a period of one year.

   The Police Department shall furnish pawn log sheets to every licensee who shall accurately and legibly enter in ink in the English language the following information at the time of purchase or receipt of any property:

   1.   The date and hour of the transaction;

   2.   The amount paid, advanced or loaned for the article;

   3.   A detailed and accurate description of the article;

   4.   When applicable, the model number, or serial number; and

   5.   The name and address of the person from whom the property is purchased or received, date of birth, driver’s license number, State identification number or social security number, sex, age, height, race, and type of photo identification presented.

It shall not be deemed compliance with this section if the licensee or the licensee’s agent or employee lists their own name as the person selling or transferring the article. When the pawn log sheets are complete, or upon demand from the Police Chief, the licensee shall surrender the original sheets to the Police Chief who shall provide a copy of the sheets to the licensee; the originals to remain the property of the City. The licensee shall also maintain a record of the name and residential address of any person redeeming an article of property, the date of such transaction, and description of the article redeemed. In the event property is disposed of other than by redemption, the licensee shall record a description of the property, how disposed of and the name and address to whom the article was transferred. Such redemption or sales records shall be maintained by the licensee for one year from the date of transaction and shall be at all times open to examination and recordation by the Police Chief.

   No licensee, their agents, or employees shall fail to maintain or surrender or falsify, delete, alter, destroy, or otherwise destroy any records required by this chapter.

   The licensee, their agents, or employees shall also legibly record the date and hour the property was purchased or received on the property or such information shall be securely affixed to the property. Such information must conform to the information recorded pursuant to this chapter. However, those licensed pawnbrokers in possession of property purchased or received prior to October 7, 1996, and for which the date and hour of the transaction is not known, shall submit to the Police Chief a complete and detailed description of the property on an inventory sheet as provided by the Police Chief and the date of such inventory shall be securely affixed to the property.

   No licensee, their agents, or employees purchasing or receiving any article of property shall:

   1.   Receive any property without first viewing a form of identification containing a photograph of the person identified;

   2.   Melt, alter, destroy, sell, redeem, remove from the licensed premises, or otherwise dispose of such article, within 15 days after the receipt and report of any property is made as required by this chapter, except upon written permission from the Police Chief;

   3.   Purchase or receive any property from any person under the age of 18 without their parent or guardian being present at the time of the transaction and without receiving their written consent, a copy of which must be submitted along with the records required by this chapter;

   4.   Purchase or receive any property or surrender any property from 6:00 p.m. to 8:00 a.m. Monday through Saturday, and 6:00 p.m. Saturday through 8:00 a.m. Monday;

   5.   Conceal, secrete, or destroy for the purpose of concealing, any article purchased or received for the purpose of preventing identification;

   6.   Deface, alter, or remove any serial number or identifying marks from an article in their possession;

   7.   Take possession of defaced or altered property as described in Subsection 6. However, those licensed pawnbrokers in possession of such property as of October 7, 1996, shall have 60 days to dispose of such property.

   Whenever the Police Chief has reason to believe that any licensee, their agents, or employees has possession of any stolen property on the licensed premises, the Police Chief shall have the right and duty to enter and search the premises of such person for the purpose of discovering stolen property. No licensee, their agents, or employees shall refuse, resist, or attempt to prevent the Police Chief, with or without warrant, from examining the licensed premises for the purpose of discovering stolen property or any violation of this chapter.