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Quinlan City Zoning Code

§ 25

ALTERNATIVE BUSINESSES.

25.1 
Alternative Financial Services
A. 
Definitions
1. 
Alternative Financial Services.
Any check cashing business, payday advance/loan business, or, car title loan business, as defined in this section. This definition excludes:
a. 
A state of [or] federally charted [chartered] bank, savings and loan association or credit union, or a pawnshop;
b. 
Any business that grants or brokers “tax refund advance” loans or other such loans whose value is based on the value of a federal income tax refund due to the consumer; and
c. 
A convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least seventy-five (75) percent of the total gross revenue generated on-site.
2. 
Check Cashing Business.
An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that provides one (1) or more of the following:
a. 
An amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction;
b. 
An agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or
c. 
The cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.
3. 
Payday Advance/Loan Business.
An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that engages in any of the following activities:
a. 
Acts or operates as a loan broker between consumers and lending companies;
b. 
Issues a “letter of credit” or similar document on behalf of a consumer to a lender;
c. 
Collects any or all of the following fees:
1) 
A referral fee for referring a consumer to lending company;
2) 
An application fee for filling out the CSO documents; or
3) 
Interest on the funds distributed to the consumer, or payments based on the amount of money distributed to the consumer; or
d. 
Requires the consumer to provide the CSO or lending company with a postdated check or authorization to make an electronic debit against an existing financial account.
4. 
Car Title Loan Business.
An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that engages in any of the following activities:
a. 
Acts or operates as a loan broker between consumers and lending companies;
b. 
Issues a “letter of credit” or similar document on behalf of a consumer to a lender;
c. 
Collects any or all of the following fees:
1) 
A referral fee for referring a consumer to lending company;
2) 
An application fee for filling out the CSO documents; or
3) 
Interest on the funds distributed to the consumer, or payments based on the amount of money distributed to the consumer.
d. 
The CSO or lending company uses a consumer’s vehicle title as collateral for a loan.
B. 
Applicability.
The following regulations shall apply to all new establishments seeking to obtain a certificate of occupancy as an alternative financial service, including in new buildings or in any existing building or portion of a building.
1. 
No new Alternative Financial Services business may be located within one thousand (1,000) feet of another Alternative Financial Services business, measured in a direct line from property line to property line.
2. 
No new Alternative Financial Services business may be located on a lot that is closer than two hundred and fifty (250) feet from the rights-of-way of State Highway 34, State Highway 276/Quinlan Parkway, Business State Highway 276/Main St., State Highway Spur 264, or FM 751.
C. 
Existing Alternative Financial Services.
1. 
An existing Alternative Financial Services business that does not conform to the standards above shall be deemed nonconforming. A nonconforming use may be continued, so long as it does not increase its level of nonconformity.
2. 
If an existing Alternative Financial Services business ceases operations at a particular location for at least thirty (30) consecutive days, its certificate of occupancy is relinquished, cancelled or terminated in accordance with other applicable ordinances, or a certificate of occupancy for a different type of use is issued for the same location, a new certificate of occupancy shall not be issued for a new Alternative Financial Services use at that location without first complying with all of the requirements of this section.
25.2 
Alternative Personal Services
A. 
Definition
1. 
Alternative Personal Services.
An establishment where the primary use of the building or lease space includes any of or any combination of the following: fortune-telling establishment, tattoo parlor, body or piercing parlors, or head shops. This definition shall not include massage therapy or acupuncture clinics, cigar or cigarette shops, or permanent cosmetics as part of a beauty salon.
B. 
Applicability.
The following regulations shall apply to all new Alternative Personal Services establishments, including in new buildings or in any existing building or portion of a building.
1. 
No new Alternative Personal Services business may be located within one thousand (1,000) feet of another Alternative Personal Services business, measured in a direct line from property line to property line.
2. 
No new Alternative Personal Services business may be located on a lot that is closer than two hundred and fifty (250) feet from the rights-of-way of State Highway 34, State Highway 276/Quinlan Parkway, Business State Highway 276/Main St., State Highway Spur 264, or FM 751.
3. 
An Alternative Personal Services establishment must possess a Certificate of Occupancy and thus cannot operate as a secondary use to a primary business.
C. 
Existing Alternative Personal Services.
1. 
An existing Alternative Personal Services business that does not conform to the standards above shall be deemed nonconforming. A nonconforming use may be continued, so long as it does not increase its level of nonconformity.
2. 
If an existing Alternative Personal Services business ceases operations at a particular location for at least thirty (30) consecutive days, its certificate of occupancy is relinquished, cancelled or terminated in accordance with other applicable ordinances, or a certificate of occupancy for a different type of use is issued for the same location, a new certificate of occupancy shall not be issued for a new Alternative Personal Services use at that location without first complying with all of the requirements of this section.
(Ordinance 2014-07-01, sec. 1, adopted 7/14/14; Ordinance 2024-10-02 adopted 10/14/2024)