5.48.060 Criteria for denial or nonrenewal of license

5.48.060 Criteria for denial or nonrenewal of license.

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A. The city clerk shall, upon investigation and recommendation of the chief of police, deny an application for an initial or renewed pawnbroker’s license if any applicant, or any other person with any interest in the application for, or holder of, such license:

1. Has been convicted of or entered a plea of guilty to a felony that relates directly to the pawnshop business within the past ten (10) years, whether the person was acting in his own behalf or as the agent of another; provided that the city finds that violations of the following state crimes and their comparable federal equivalents are directly related to the pawnshop business:

a. Chapter 19.60 RCW (Pawnbrokers and second hand dealers);

b. RCW 9A.52.020 (Burglary in the first degree);

c. RCW 9A.52.025 (Residential burglary);

d. RCW 9A.56.030 (First degree theft – other than firearm);

e. RCW 9A.56.040 (Theft in the second degree – Other than firearm);

f. RCW 9A.56.060 (Unlawful issuance of bank checks);

g. RCW 9A.56.120 (Extortion in first degree);

h. RCW 9A.56.130 (Extortion in second degree);

i. RCW 9A.56.150 (Possession of stolen property – Other than firearm);

j. RCW 9A.56.290 (Unlawful factor of credit card transactions);

k. RCW 9A.56.300 (Firearm);

l. RCW 9A.56.310 (Possessing a stolen firearm);

m. RCW 9A.56.320 (Financial fraud – Unlawful possession, production of instruments of);

n. RCW 9A.60.020 (Forgery);

o. RCW 9A.60.030 (Obtaining a signature by deception or duress);

p. RCW 9A.82.020 (Extortionate extension of credit);

q. RCW 9A.82.030 (Advancing money or property to be used for extortionate credit);

r. RCW 9A.82.045 (Collection of unlawful debt);

s. RCW 9A.82.050 (Trafficking in stolen property in the first degree);

t. RCW 9A.82.055 (Trafficking in stolen property in the second degree);

u. RCW 9A.82.060 (Leading organized crime);

v. RCW 9A.82.080 (Use of proceeds of criminal conspiracy – Controlling enterprise or realty – Conspiracy or attempt.)

w. RCW 9A.83.020 (Money laundering);

x. RCW 9A.35.020 (Identity theft);

y. Felony convictions of the following drug/controlled substances laws:

1. Ch. 60.41 RCW (Legend and prescription drug control);

2. Ch. 60.43 RCW (Precursor drugs);

3. Ch. 60.45 RCW (Drug samples);

4. Ch. 60.50 RCW (Uniform controlled substances act);

5. Ch. 60.52 RCW (Imitation controlled substances);

6. Ch. 60.53 RCW (Use of buildings for unlawful drugs);

2. Has obtained a pawnbroker license by fraud, misrepresentation, concealment, or through inadvertence or mistake;

3. Makes a misrepresentation of, or fails to disclose, a material fact to the city in relation to licensing qualifications or conduct of pawn business;

4. Has failed to comply with the standards of this ordinance; provided that the violations set forth in Section 5 of this amendatory ordinance, to be codified as VMC 5.48.065, shall be punishable as set forth in that section.

5. Has had a pawnbroker’s license revoked pursuant to this chapter.

6. Has had a pawnbroker’s license revoked in any other jurisdiction.

B. The city clerk may, upon investigation and recommendation of the chief of police, deny an application for an initial or renewed pawnbroker’s license if any applicant, or any other person with any financial interest in the application for, or holder of, such license, has entered a guilty plea or been convicted of any other crime not listed in subsection (A) of this section which is materially and adversely related the ability or willingness of such person to comply with the standards of this ordinance, taking in to account proof of recency of the offense and of subsequent compliance with the law, including but not limited to completion of all conditions of sentencing, payment of restitution, completion of treatment and/or counseling, and subsequent conviction or plea of guilty to any crime. (Ord. M-3728 §4, 2005; Ord. M-3258 §1 (part), 1996)