HomeMy WebLinkAboutZOA-93-3MEMO R A N D U M
TO: b Middaugh, City Administrator
FROM: Glen Gidley, Director of Planning & Development
RE: -Pawn Shop Regulation
DATE: October 12, 1993
applicable to pawn shops. The results are as follows:'
1
Arvada - a, Requires Conditional Use (like our Special-Use) in
retail zones
b. Permitted as use-by-right in their heavy Commercial
B-4 (like our C-2) zone
Aurora - Allowed in any retail zone district
Englewood -.Allowed only in retail zones along Broadway, except
within their downtown redevelopment area
Federal ,.
Heioh_ts_-..Allowed in C-1 with a Special Use Permit but looking at
allowing as a use-by-right
Lakewood-..Allowed in any retail commercial zone as use-by-right
Nor hcrlenn_-__,Allowed in .their heavy commercial C-4 zone as use-
by-right
Thornton.-~_Use-by-right in their community retail and regional
retail zones
Based upon my understanding of Council's objectives in this matter, I
would recommend the following:
A. Wheat Ridge Code of Laws, Section 26-22. Commercial-One District
Regulations be amended to list "Pawn Shops" as a Special Use
under subsection (E).
B. Wheat Ridge Code of Laws, Section 26-33. Commercial-Two District
Regulations be amended to list "Pawn Shops" as a "Permitted
Principle Use" under subsection (B). Currently, there are very
few properties zoned C-2 in the City. The only one that would
lend itself to a pawn shop from a location standpoint would be
Wheat Ridge Lumber building at West 44th and Field Street.
C. Wheat Ridge Code of Laws, Section 26.5 Definitions be amended by
defining the term "Pawn Shops" using the State of Colorado
definition.
GEG:slw
cc: Kathryn Schroeder, City Attorney
Jack Hurst, Police Chief
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W H E A T R I D G E P O L I C E D E P A R T M E N T
M E M O R A N D U M
TO: Chief Jack Hurst, City Administrator Bob Middaugh
FROM: Commander Joe Cassa
SUBJECT: Pawn Shop Ordinance
DATE: October 18, 1993
Introduction
The police department is experiencing a significant impact from the
two pawn shops which have opened in the City of Wheat Ridge. E-Z
Pawn, located at 4595 Wadsworth Blvd, opened for business 'in late
December, 1992. The second, and most recent pawn shop to locate
within the City is Pawn-One which is located at 5990 West 44th Avenue.
Pawn-One opened its doors for business on July 14, 1993.
As a result of these businesses, police department staff workload has
increased dramatically, and created a situation where the current
staff has become overwhelmed with the processing of the pawnshop
paperwork, and related follow-up investigative activities.
It also became necessary to review current police department policies
regarding pawnshops, and to request City Council to pass a municipal
ordinance to assist us.
This situation was discussed with the City Council at their study
session on September 7, 1993. As a result of the study session, the
Council was presented an emergency ordinance regarding pawn shops at
the September 13, 1993, City Council meeting. At that meeting, City
Council voted to impose a ninety (90) day moratorium on any additional
pawn shop development within the City. The purpose of the moratorium
was to enable the members of City Council to proceed with the
development of regulations which wilt specifically apply to pawn
shops.
I have been in the process of researching and reviewing how other
entities deal with pawn shops. The areas of concentration included
the application/licensing process, application/licensing fees, current
ordinances, and computer options. The entities contacted for
information were the Lakewood Police Department, Jefferson County
Sheriffs Department, Arvada Police Department, Brighton Police
Department, Golden Police Department, Mountain View Police Department,
and the Edgewater Police Department.
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Page - 1
Additional sources of information were Department of Revenue,
Jefferson County Zoning Department, the Wheat Ridge City Sales Tax
Department, and the Colorado Municipal League.
Application/Licensing Process
As you can imagine, this process varies among the agencies contacted.
Some of the agencies have very specific and detailed processes, and
other have no specific processes required of pawn shops. Each of the
entities process is summarized below:
Arvada: Pawn shops are specifically addressed in the zoning
ordinance. Pawn shops require a conditional use permit, and are
allowed only in the B-4 District (intensive commercial). The process
requires consideration by the planning commission,'and then the City
Council. The conditional use permit requires a public hearing.
Brighton: The license application is submitted to the City
Clerk's office, and the license is granted by the City Manager. The
process is set forth by ordinance which was passed 12/89.
Golden: There are zoning restrictions which apply specifically
to pawn shops. The restriction requires a distance of 1000 feet from
public/private schools, residential areas, and established pawn shops.
A special use permit is required, and there are two zones in which
these shops may be located (C-2 and M-2 (the heaviest commercial and
industrial zone). A hearing is held before the planning commission
who makes the final decision. A public hearing is required as is a
neighborhood meeting in the area the shop is to be located. The City
Council becomes involved when an appeal is filed. A city license is
also required and is filed with the finance director, who subsequently
issues such license pursuant to city ordinance.
Edgewater: There are zoning restrictions as tb location distance
(1500 feet) from public/private schools, day care centers, or from
established pawn shops. The City is currently involved in a lawsuit
over the zoning requirements. It is my understanding that the City
has lost the lawsuit, and has appealed the decision to a higher court.
In addition to the zoning requirements, a city license is also
required. The application is filed with the City Clerk's office, and
the City Council serves as the licensing authority, and must make a
decision within sixty days. The City Clerk may issue a temporary
license pending completion of the application process.. A background
check by the police department is part of the application process.
Unincorporated Jefferson County: There are no specific zoning
requirements for pawn shops. Applicants must satisfy the zoning
requirements for retail businesses (C-1 District). Applicants must
have a valid Colorado retail sales tax license.
Page - 2
Lakewood: A city license application is filed with the City
Clerks office. The license is granted by the City Manager or his/her
designee. At this time, the City Clerk is responsible for the
approval of the license. The application is quite extensive and
includes an extensive background by the police department, three
letters of character reference, a' letter from.the zoning department
stating that the zoning requirements have been met (there are no
specific zoning requirements for pawn shops), proof of applicants
right of possession of the business premises, financial questionnaire,
consent to release financial information, personal financial
statements, and proof of "good standing" under the Colorado State
Statutes, and authorization to do business in the State of Colorado.
Please see the attached ordinance in the report packet.
Mountain View: There is a city license required with no specific
zoning requirements for pawn shops. The application is submitted to
the Town Clerk, and the Town Council is the licensing authority. The
police department is required to conduct a background investigation,
and the application requires three letters of character reference from
residents of the Denver metropolitan area, a bond, and fire and
property insurance subject to the approval of the Town Attorney.
Wheat Ridge: There is an application process, with no specific
zoning requirements for pawn shops. The application process is
submitted to the Sales Tax Division for a business/sales/use tax
license. The licensing authority is the City Treasurer.
Application/Licensing Fees
As with. the above described application/licensing processes, the fees
also vary greatly. In some cases, there are no specific fees, other
than the fees associated with the Colorado retail sales tax license.
The highest individual fee found was an annual license fee of $ 2,000.
The applicable fees are summarized below, and represent only those
fees specifically required of pawn shops•
Arvada: $ 300 - Conditional Use Permit
0 - City business license fee (must have valid
Colorado retail sales tax license)
0 - City tax license fee
Brighton: $ 1,000 - Bond (required)
100 - City License Fee (annual)
Edgewater: $ 5,000 - Bond (required) (originally $25,000)
200 - Application Fee (non-refundable)
This includes investigation and
processing fees. When there is a new owner or a change of
managers, the application fee is charged again.
Page - 3
Golden: $ 10,000 - Bond (required)
75 - Special Use Permit
50 - Deposit to secure timely payment of any
sales or use tax.
10 - City license fee (annual)
5 - Late charge if license renewal is late
2.50 - Refund if license is not issued.
Unincorporated Jefferson County: No fees
Colorado retail sales tax
license required.
Lakewood: $ 10,000 - Bond (required)
Initial Application:
150 - Application Fee (non refundable)
400 - Annual License Fee (non refundable)
39 - Investigation Fee Cnon refundable). Is
required for each individual applicant,
partners, officers, directors, holders of
10% or more stock of the corporation, and
for each person named as manager.
15 - Sales tax application fee due when
business begins. ( 1 time, non refundable)
600 - Annual city pawnbroker occupation fee
50 - Non refundable fee to report changes in
partnership/ownership, trade name, corporate
structure, or manager.
License renewal:
600 - Annual city pawnbroker occupation fee
50 - Renewal fee (non refundable)
400 - Annual license fee (non refundable)
** - ,Preceding 12 months of balance sheets
and income sheets required to be
attached to the renewal application
Mountain View: $ 25,000 - Bond required
2,000 - Business License (annual)
200 - Application fee (non refundable)
200 - Investigation/processing fee
(also required when change of
managers)
State of Colorado: Retail Sales Tax
$ 16 - Initial
50 - Deposit
company
8 - Annual
renewed
time)
Page - 4
License fees:
application fee
(required of parent
only)
license fee (must be
in 2 year periods of
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Wheat Ridge: $ 5
10
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- Application Fee
- Yearly license fee
Municipal Ordinances Specific To Pawn Shops
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Each of the listed agencies were surveyed as to whether or not they
currently had specific ordinances regarding pawn shops. For those
that have an ordinance, they contained the "basic" components of
definitions, license requirements and fees to include initial
application, renewal, and denials, revocation of such license, appeal
process, required acts, prohibited acts, statutory provisions, and
violation and penalty sections. Generally, the prohibited acts section
refers to current State Statutes governing pawn shops.
I have reviewed each of these ordinances and will summarize only those
provisions which are unique in nature. The complete ordinance is
attached to the report packet.
Arvada: No municipal ordinance in effect
Brighton: Current ordinance was passed 12/89
Bond requirements include at least two sureties or a
corporate surety authorized to do business in Colorado. Bond is
conditioned on performance and observance of all ordinances and
regulations relating to pawns, pledges, and for safekeeping or return
of all articles held in pawn or pledge.
Lending to minor or intoxicated persons is strictly
prohibited. Minors are prohibited by State Statute (18-16-104) from
pawning property items.
Edgewater: Current zoning ordinance was passed 11/89
Current pawnbrokers regulations ordinance was
revised in 1992
Bond requirements are similar to those of Brighton. In
addition, the applicant must provide fire and property damage
insurance policies meeting the approval of the City Attorney.
Each licensee must keep specific records, which must be
in the English language in addition to those requirements of State
Statute 18-16-105.
A section regarding investigations for the purposes of
discovering violations of the ordinance sets forth the provision to
allow for such investigations, provide full access to the place of
business, books, accounts, documents, files, etc, and the required
attendance of and examination of any person relative to loans,
purchases as well as the subject matter of any investigation,
examination, or hearing regarding the rules and regulations of the
pawnbroker provisions.
The section concerning the prohibition of intoxicated
persons in purchasing or pawning property is extending to persons who
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appear to be under the influence of any controlled substance as well
as alcohol. Furthermore, this section prohibits business transactions
for any person the licensee has reason to believe has been convicted
of burglary, robbery, felony theft, or theft by receiving.
There are also sections providing immediate notice to
the police department of stolen items, and specifically addresses the
issue of lost or stolen weapons.
Another section of the code provides for the pawn shop
4j~~ to be open during certain hours (8 am to 8 pm).
~' An additional section regarding the disposition of
stolen property is also added to the code. This allows the lawful
~-. owner to recover the stolen items from the pawnbroker via appropriate
~' \ legal- meahs. Provisidhs are also made for the lawful owner to receive
("~ 7 fair market value for the stolen items from the bond which was
'"~\. / required as part of the application process.
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Golden: The current business license ordinance was revised in
1992.
The current pawnbrokers ordinance was also revised in
1992.
The licensing ordinance was the only one of the agencies
surveyed which provides for a partial refund of the application fee in
the event the license is not issued.
The pawnbrokers ordinance provides a section concerning a
;''~ hold order on stolen property by police, and that the time period must
~!' be "reasonable". The pawnbroker must honor such hold order, and may
` not-sell or dispose of the property, or allow such property to be
redeemed as long as the hold order is in effect.
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Unincorporated Jefferson County: There are no specific
regulations concerning pawnbrokers. The Sheriff's Department relies
exclusively upon current Colorado State Statutes.
Lakewood: This ordinance sets forth a very detailed application
process to include investigations to be conducted, a
denial,suspension, and revocation process, and annual renewal process.
Any change in the corporation, managers is also complete. The amount
and terms and conditions of the required bond are also complete and
detailed.
There is also a section of the ordinance which deals with the
city pawnbroker fee policy and purpose. This section sets forth the
purpose for the fee is to declare such business as a separate
occupation which requires the proper, just, and suitable distribution
of the tax burdens within the city due to the relationship of the city
expenditures required by this type of business.
The ordinance contains a number of sections dealing with the
composition of pawn tickets, their transfers, the loss of pawn
tickets, altered pawn tickets, adverse claims, and the seizure of
counterfeit or reportedly lost tickets and customer /i/dentification.
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Page - 6
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~:' Within these particular sections, the forms required for the reporting
~ of these sii•.uations are also provided.
The ordinance section concerning hold orders on property is as
detailed and complete as I could find in the survey.
There is a complete section regarding unlawful transactions,
which in addition to the state statute requirements, includes those
persons who are under the influence of alcohol, any narcotic drug,
stimulant, depressant, or appears to be in an abnormal mental state.
Stolen property, and those persons known to have been convicted of a
felony involving theft (without first notifying the Lakewood Police
Department) are also covered in this section.
A detailed list of those items which cannot be pawned are also
'~,~ within this ordinance. A range of weapons are prohibited as well as
missing or altered serial numbered property is also excluded.
- A detailed section concerning the investigation of violations of
this specific ordinance to include the right of entry is' also found
within the ordinance. ,,,wf"°"- ,~ ~,-~-~s~ <~^'
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Mountain View: This ordinance is a compilation of the various
ordinances as described above .• This ordinance does go a little
further in setting the hours of (op~ration. In addition to setting the
daily hours of 8:00 a.m. to 8:00 p~.m., pawn shops are prohibited from
operation on any Sunday. ~
The rationale I have ge erally received concerning this
particular restriction is the co~munity does not want those persons
who may be involved in criminal ~ctivity, believed to be associated
with the nature of the business of pawn shops ( ie. theft, burglary,
theft by receiving, etc.), attracted to the community during certain
hours. In the case of the Mountain View ordinance, the rationale is
extended to Sundays.
Wheat Ridge: There are no ordinances specifically regulating
pawn shops either through zoning laws, or by rules and regulations.
Computer options
During the September 7th City Council study session, pawn shop
personnel informed the Council of the use of computers by the Lakewood
Police Department. The Council was informed that pawn shops located
within Lakewood provide floppy disks containing the required pawn shop
information to the Lakewood Police Department. The information
contained within the disks also could be provided to the Colorado
Bureau of Investigation CCIC/NCIC computer systems. This method was
seen to be a time saver, and may reduce the amount of personnel
required to process pawn shop information. Throughout Jefferson
County Law Enforcement, it is known that Lakewood Police Department is
in the process of developing the use of computer hardware and software
in the prospect of attaining the purposes previously described.
In addition to contacting the Lakewood Police Department regarding the
idea of computerization, I also requested Kent Kudebeh of Data
Page - 7
Processing to assist me in determining the feasibility of our police
department utilizing such technology. As is usually the case, such
computerization sounds easy, but in fact, the use of this technology
is complex and quite labor intensive 'to develop and implement.
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In summary, the Lakewood Police Department is working with the
Colorado Bureau of Investigation (CBI) on a pilot program in which CBI
could accept a tape or disk of pawn information from police agencies
in lieu of the on-line data entry system currently employed by all law
enforcement agencies. Mr. Kudebeh spoke with the person at CBI who is
directly involved in this pilot program. The CBI contact person
reported mixed results to date with the program. The further
development of the program has been suspended until CBI's new computer
system is up and running. As of this date, CBI's new computer system
is thirteen (13) months behind schedule, and the contractor is in
serious financial problems. CBI is unable to provide a date certain
when the new system will become operational, but has "guessed" the
date to be January, 1994. This latest guess seems optimistic at best.
In addition to the system problems, the 'entry of pawn shop information
will probably not be very high on CBI's priority list. This is
especially true in light of recent publicity and actions taken by the
state government, and in some communities, regarding the issues of
youth violence.
The idea of pawn shops directly providing information to CBI via
computer was also discussed with CBI personnel. Mr. Kudebeh was
informed that the police department is required by CBI to accept such
data for'1oca1 processing before it is provided to CBI for uploading
into the CCIC system. The reasons cited for this requirement were:
1. Statutory requirements provided that pawn shops must
report transactions to their local police department or
Sheriff's Office.
2. The desire of CBI to receive clean, pre-edited data such
that all of the submitted pawn records have been validated
for accurate codes in the proper fields, and
3. The necessity for local agencies to perform their own
trend analysis by cross referencing subject names to known
suspects, as well as analysis by the quantity or timing of
particular pawned property types which may indicate the
burglary or theft of such items.
Mr. Kudebeh did contact the data processing personnel at Lakewood
Police Department directly involved with the development of the
programs used to process pawn data submitted on floppy disks by pawn
shops in Lakewood. It was learned that there are three distinct
business entities (EZ Pawn, US Pawn and Cash America) which have their
own internal software reporting system. As a result, Lakewood had to
write three distinct and separate computer programs to process the
Page - 8
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pawn information submitted to the on computer diskette. The data
submitted has to be processed to edit brand names and article codes to
be in compliance with NCIC standards. Exception handling must also be
accommodated for those pawns having no serial number. Once the data
is edited and uploaded into Lakewood's own computer system, the
following reports can be generated:
1. A listing of items to be entered on-line in CCIC.
This replaces the entering of information directly from
the pawn ticket which does not have the correctly coded
information.
2. An alpha listing of subject names is provided.
3. A cross reference list of "hits" on local suspects
is available. This generates "new" additional workloads
for their patrol division to located and arrest said
subjects.
4. A listing of pawn slip history by property type can
be generated as well. This aids in the detection of
stolen property being pawned.
In addition to receiving the above information, Mr. Kudebeh was
provided with CBI's file format, and field length information which
will be necessary for our preliminary consideration of off-line
reporting of pawn data. Mr. Kudebeh also received copies of the
Lakewood reports, type code tables, and an example disk of raw data
from EZ Pawn for our reference. Mr. Kudebeh will have to experiment
with our VAX system to see if we can upload the data, and then
manipulate that data into the file format our software requires in
order to query the data and furnish the necessary reports.
As you can see, we are talking about a very labor intensive project to
determine if the information we are capable of capturing in our own
system (WRCIC) can, in turn, be downloaded to computer tape or disk
and then provided to CBI.
Recommendations
I. Application/Licensing Process
The results of the survey indicate that there are two distinct areas
which must be considered in the application/licensing process. These
areas are: (1) Application and the processing of same, and (2)
Licensing process.
With respect to the application and it's processing, it is my
recommendation that the Lakewood application and process 6e adopted in
Page - 9
it's entirety. This was the most complete process I was able to
locate, and serves the needs of the police department.
~'~'he licensing process was found to consist of two distinct areas of
concern. The first area of concern was the various zoning issues, and
the second area was the issue ,of a city business license. It is my
~ recommendation that both issues be addressed by the City Council. If
the City Council wishes to impose zoning restrictions, location
,;,;, distance should be considered. I would recommend that locations to be
~~ considered should be public/private schools, day care centers,
~~' - established pawn shops, and residential areas. A conditional use
{, permit or a special permit should be required. I am not sure which
type of use to specifically recommend and would defer such decision to
the City Planning and Development Department. In either case, a
neighborhood meeting, public hearing, and review by the planning
commission are required. This allows the opportunity for community
input, which I believe is essential towards the approval of pawn shop
`.,businesses.
It is recommended that a City business license continue to be
required. Again, the Lakewood process is recommended due to it's
completeness, as well as the ease in which it is written. I would
strongly encourage the development of a packet, containing all
necessary information and forms, to be given to the applicant when
their first inquiry is made. A' complete police b$ckground,
investigation is essential. ._ %z~ ~,~i„~:..•.:.:~, CUE /~¢CLCfG~€s'ia!'
II. Application/Licensing Fees ~~" '
The following application and licensing fees are recommended. The
majority of these fees are based upon the costs to the police
department. It is recommended that the other city departments involved
in the approval process also determine their costs, and incorporate
same into the proposed fees. In any event, it will be important to
ensure that the application process adopted. and the proposed fees be
in concert with each other. -~ ~t~;~
City of Wheat Ridge
Pawnbrokers Fee Schedule
Fee P.:~~ount Fee Type
$ 10,000 Surety Bond (required)
Initial Application:
$ ** Application Fee (non refundable)
$ 5,000 Annual License Fee (non refundable)
$ 300 Investigation Fee (non refundable & required
for each individual applicant, partner, officer,
director, and holders of 70% or more stock of the
corporation, and for each person named as store
manager. Changes in managers should require such fee)
Page - 10
Fee Amount Fee Type
$ 2.15 per loan Monthly city pawnbroker occupation fee (non
refundable)
$ ** Non refundable fee to report changes in
partnership/ownership, trade name, corporate structure,
or manager.
License Renewal:
$ 2.15 per loan Monthly city pawnbroker occupation fee (non
refundable}
$ ** Renewal Fee (non refundable)
$ 5,000 Annual License Fee (non refundable)
Preceding 12 months of balance sheets and
~ income sheets required to be attached to renewal
application.
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+ ** Note: Appropriate city costs should be calculated and
,appropriately inserted into the fee schedule.
In regards to pawn shop fees, I forwarded a memorandum requesting the
assistance of the City Attorney on July 25, 1993. As of this date, I
have not received a reply.
6~1 III. .Pawnbroker Regulations
It is my recommendation that the Lakewood pawnbrokers ordinance be
utilized as the "core" document to be used. I would strongly
encourage our City Attorney to contact Ms. Christie Hanson at the
Lakewood City Attorney's Office. Ms. Hanson may be contacted at 299-
8900 (voice mail) or at 987-7105 (Friday's only). Ms. Hanson has been
directly involved in the Lakewood ordinance. In addition to those
specific sections, the following additional sections should be
considered:
An additional section requiring compliance with those Colorado
State Statutes applicable to pawnbrokers.
An additional section providing prohibited acts against those
Colorado State Statutes applicable to pawnbrokers.
A section concerning the applicability of statutory provisions.
A section regarding the violation and penalty of the city
ordinance.
A Section to allow for additional regulations the city deems
necessary and convenient for the administration and enforcement
of the ordinance, including required forms and requirements for
additional reports. The regulations concerning required forms
and reports should be determined by the Chief of Police.
Page - ti
A section requiring a holding period of 60 days rather than the
30 days required by state statute. The sixty day period would
begin from the date of purchase of the valuable article. With
respect to the maturity date of the contract for purchase, these
items should be held for a period of 10 days following the
maturity date. Based upon the complexity. that pawnbroker
violation(s) cases can often take, the necessary requirements
for successful prosecution, and current personnel constraints, a
longer period of holding time is necessary. This section would
be different than the section concerning hold orders by the
police department.
A section of the ordinance should require a photograph be taken
of the person making a loan or the sale of any property to the
pawn shop. The pawn shop business would be required to use a
format acceptable to the police department. The pawn shop
business would also be required to pay for any associated costs.
A section of the new ordinance should "grandfather" pawn shop
businesses already located within the City. However, the
existing businesses should be required to pay the appropriate
license and city pawnbroker occupation fees at the time the new
ordinance is enacted. They should also be subject to the new
ordinance in regards to the yearly renewal and appropriate fees
at renewal time. If possible, the current shops should be
required to submit to the necessary background checks by the
police department at the time of their next license renewal.
A section should be added to require each pawn shop to provide
the required information on computer diskette if so requested by
the police department. In regards to the format of this
information, there are two options. The first option would be
for the ordinance to require the pawnshop to ensure the format
was acceptable to the police department, and the pawn shop would
be responsible for all costs necessary to meet the requirement.
The second option would lay the format burden and associated
costs on the City. Based upon the portion of the ordinance
concerning pawnbroker fee policy and purpose, and current
personnel restraints in the data processing department, I would
recommend that the pawn shop be required to provide the
acceptable format, and pay for any costs associated with
providing same.
If you and the City Administrator believe the City Council would
accept the rationale previously presented concerning the
regulation of hours of operation and/or days of operation, I
would encourage the addition of such a section. However, it is my
Page - 12
understanding that the City of Thornton is in litigation
regarding this very matter. The exact circumstances and
resulting lawsuit should be thoroughly investigated by our City
Attorney, should either of you choose to add such a section for
any reason.
With the proposed structure of the monthly fee per loan payment
method (city pawnbroker occupation fee), the following change is
recommended in the construction of the new ordinance. It is
likely the pawn shops will attempt to put as many items on a
single pawn slip (which constitutes a single loan) as possible.
Thus, the number of items allowable on one slip should be
limited. The ordinance provision should be general enough to
allow for changing the number of items to be listed on each pawn
slip to accommodate any unforeseen future changes in this matter.
It is recommended that the ordinance allow for the Chief. of
Police to make such changes. For example, the current forms used
by existing pawn shops in Wheat Ridge are designed to list a
total of 3 items. Any more items listed on current forms would
result in all entries being bunched together and unreadable.
This recommendation would also allow for changes in the format of
current forms as may be necessary. It will also be important
that the City Attorney make sure that this new section have
appropriate language which conforms to current statutory
language, and is very clear to persons reading such section.
The above recommendations are based upon my review of the survey
ordinances, as well as discussions I have had with other police
department personnel.
It is important to add that the above recommendations should be
thoroughly reviewed by our City Attorney to determine if they will
withstand legal challenge.
IV. Computer Options __,
The current status of the hardware and software requirements have been
previously discussed. The current situation with regard to the policy
status, and new computer system at CBI has also been well documented.
As you are aware, we are currently working on a priority list of
computer hardware and software needs for the police department. This
project is being worked on with the active involvement of Mr. Kent
Kudebeh of the data processing department. Due to the fact that the
priority list has not been completed, I am unable to provide a time
frame in which our WRCIC computer options can be determined. However,
it is apparent that the existing pawn shops will remain in the City,
and we should give this project top priority and go forward as soon as
is practicable to determine if computerization, as it applies to pawn
shops, is attainable and feasible for the police department.
Page - 13
v. what Ifs
What if there are additional pawn shop businesses established within
the City of Wheat Ridge? In the event additional pawn shop businesses
are established within the city, our current personnel situation will
become very stretched and strained. Even though we are working with
the current pawn shops to take on some of our clerical work, current
staffing levels are being stretched. There is no doubt in my mind
that additional personnel, both clerical and investigative would be
necessary due to the volume of paperwork and information which is
generated by a pawnshop business.
In the event the computerization project is successful and
implemented, the administrative work would certainly be more accurate,
and would temporarily decrease this particular type of workload. The
remaining workload would still be labor intensive, and such
computerization would likely require the hiring of an additional
person to serve as a "clearinghouse" for that information needed and
generated by the computer as well as the additional workload generated
by additional pawnshop(s). However, the workload concerning
enforcement activities would increase beyond current personnel
staffing levels. In order to effectively enforce the above
recommended rules and regulations to the level we believe the
community expects, and in accordance with the enforcement level the
department expects, a more proactive approach is necessary. This
approach requires regular inspection of pawn shops, and more labor
intensive investigative methods than those we are currently employing.
Please contact me if you have any
information.
questions or need additional
Page - 14
CITY OF WHEAT KIDGE -MEMORANDUM
TO: ob
FROM: Glen
RE: Pawn
Middaugh, City Administrator
Gidley, Director of Planning & Development
Shops/Special Uses
DATE: November 5, 1993
Please44~find attached a copy of the proposed Council Bill that
revisek[ the Zoning Ordinance relating to Pawn Shops and Special
Uses. A copy has been referred to_Kathryn Schroeder, City
Attorney, for her review and approval as to form.
Due to the time constraints, I would like to move ahead and
schedule the Planning Commission public hearing for December 3
and City Council 1st Reading for November 22, with 2nd Reading on
December 13. Please review and advise.
~~~~~_
C.~~~~.¢, " ',,,,
~ .Y
,~
INTRODUCED BY COUNCIL MEMBER
Council Bill No. Ordinance No.
Series of 1993
TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO PAWN SHOPS
AND SPECIAL USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY .OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26, Article 1:
Zoning Code, Section 26-6.(B) Special Uses is hereby repealed and
reenacted as follows:
"(B) Special Uses: Special uses are discretionary uses
which are clearly shown to be void or deficient in an
area, and which if properly designed, developed,
operated and maintained, may be approved for any
specific location within a zone district wherein the
special use is enumerated. Special Uses are highly
dependent upon proper design, management and
operational aspects, therefore such uses must be
considered as a personal grant of use, granted to the
owner of the special use and not as a grant of a vested
property right which transfers with the land or lease.
The primary issues which planning commission and city
council shall address are those related to
justification of need and those special design and
operational considerations which mitigate potential -
detrimental impacts of a special use on
surrounding land uses, the street system, or public
services or facilities. In order to protect the public
interest seki-eve planning commission and
city council shall have the right to approve, approve
with modifications or deny a special use request, and
to revoke previously approved special use permits
pursuant to subsection (6) hereof.
(1) Applicability The requirements of this subsection
shall apply to all uses listed as "Special Uses" within
the provisions set forth for any particular zone
district.
(2) Application form and review procedures:
(a) Prior to submitting any application for a special
. use permit, the applicant shall be required to
hold a neighborhood input meeting. (See subsection
(F)(1) for requirements.)
(b) Special use applications shall may be originated
only by the prospective owner of the proposed
special use, with written approval of the fee
owner of the property in cases where the owner of
Ordinance No.
Series of 1993
Page 2
the property is different than the owner of the
proposed special use. Both the special use owner
and the land owner, or their legal
representatives, must be present at all public
hearings.
(c) Application shall be submitted on forms provided
by the department of planning and development, and
shall be accompanied by a copy of the property
deed, a certified survey, and a fee of one hundred
dollars ($100.00).
(d) All applications shall also be accompanied by a
site development plan and additional written
information in sufficient detail to convey the
full intent of the applicant in developing,
operating and maintaining the special use. The
site development plan shall meet the requirements
of a Type I site plan as set forth in subsection
(E)(1) below.
(e) Upon receipt of a complete application packet as
described above, the planning and development
department shall proceed with the following
process:
1. Refer the application to affected public
agencies for review and comment.
2. Within thirty (30) days of acceptance of a
completed application packet, give notice of a
scheduled public hearing on the application by
newspaper publication, letter notification and
posting in the manner as provided in
subsection (F)(1).
3. Prepare a written ieport and recommendations
to the planning commission which evaluates the
proposal and makes findings using the
following review criteria set forth in
subsection (3) below.
(3) Criteria for review. Before a special use is approved,
the applicant shall show, and the planning commission
and city council shall find, the proposed special uses:
(a) Will meet a proven public need in that it will
fill a void in necessary services, products or
facilities especially appropriate at the location
proposed, considering available alternatives.
(b) Will not have a detrimental effect upon the
general health, welfare, safety and convenience of
persons residing or working in the neighborhood of
the proposed use.
Ordinanoe No. Page 3
Series of 1993
(c) Will not create or contribute to blight in the
neighborhood by virtue of physical or operational
characteristics of the proposed use.
(d) Will not adversely affect the adequate light and
air, nor cause significant air, water or noise
pollution.
(e) Is consistent with the comprehensive plan.
(f) Will not result in undue traffic congestion or
traffic hazards, or unsafe parking, loading,
service or internal traffic conflicts to the
detriment of persons whether on or off the site.
(g) Will be appropriately designed, including
setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony
and compatible with character of the surrounding
areas and neighborhood, especially with adjacent
properties.
(h) Will not over burden the capacities of the
existing streets, utilities, parks, schools and
other public facilities and services.
(4) Planning commission review: The planning commission
shall hear and consider any evidence or statement
presented by the applicant, city staff, or by any
person in attendance at the hearing. The planning
commission shall then make a recommendation to city
council to approve, approve with conditions or deny
the application, basing its recommendation upon the
facts presented in the public hearing in consideration
of the criteria for. review as specified in subsection
(3) above. Planning commission may recommend condi-
tions or stipulations, which may include physical
design as well as operational and maintenance
considerations, upon the special use in addition to
standard development and use regulations which apply
within a particular zone district or for a similar
"permitted use". Such conditions or stipulations may
be recommended in order to ensure compliance with the
criteria for review, which, if not complied with, shall
be grounds for revocation of the special ~ea~a1
use. A recommendation for denial shall be considered
final, unless the applicant files an appeal to city
council.
(5) City council review. City Council shall review and
decide upon all requests for special uses upon
recommendation of planning commission for approval or
upon appeal by an applicant of a recommendation for
denial by planning commission. Special uses .may only
be approved by passage of an ordinance, following the
city's standard ordinance adoption procedures. Notice
of public hearing shall be in the manner provided in
subsection 26-6(F)(1). City council, in addition to
Ordinance No. Page 4
Series of 1993
consideration of the planning commission
hear additional evidence and testimony p
either pass, pass with modifications, or
ordinance, its decision being based upon
presented, with due consideration of the
review.
record, shall
=esented, and
deny the
all evidence
criteria for
(6) Enforcement.. .All conditions and stipulations imposed-
by city council shall be maintained in perpetuity with
the special eex~ienal use. If at any time the
stipulations or conditions are not adhered to or are
found to have been materially altered in scope,
application or design, the zoning administrator shall
notify a code enforcement officer of the nature of the
violation(s) and the code enforcement officer. shall
investigate, and ff appropriate, initiate revocation
--~ --°-------'- proceedings which shall include
the following:
(a) Notice of violation following procedures as set
forth for Nuisances pursuant to Wheat Ridge Code,
Chapter 15.
(b) Upon a finding of noncompliance by a Code
Enforcement Officer after the prescribed
correction date, the Zoning Administrator shall
schedule a revocation hearing before the City
Council. Such revocation hearing date shall be
set by City Council after 1st reading of an
ordinance therefore. The purpose of the revocation
hearing shall be for the City Council to hear
evidence concerning the nature and extent of the
alleged noncompliance with the conditions of the
Special Use Permit. The Council shall have the
power, upon good cause being shown, to cancel or
revoke the previously issued Special Use Permit,
to require certain corrective measures to be
taken, and/or to direct the City's agents to enter
upon the premises and take corrective measures
required by the City Council, and to modify the
conditions which apply to the Special Use Permit.
Any revocation action shall become effective
fifteen (15) days after final publication of the
ordinance. Any other action shall require a
continuance of the public hearing to a specific
future date, and a motion stipulating the specific
corrective measures that are to be accomplished
either by the special use owner or by an agent of
the City within that time period. Upon the date
of the continued hearing, should the Council find
that the conditions and stipulations have not been
satisfactorily met, Council shall adopt the
revocation ordinance."
Ordinance No. Page 5
Series of 1993
Section 2. Wheat Ridge Code of Laws, Section 26-23. Commercial-
Two District (C-2), subsection (E) Special Uses, is hereby
amended by the addition of an additional special use as follow:
"(d) Pawn Shops."
Section 3. Wheat Ridge Code of Laws, Section 26-5. Definitions
subsection (a) is hereby amended by the inclusion of an
additional definition, in the appropriate alphabetical order, as
follows:
"Pawn Shop. A commercial establishment where a
pawnbroker, as defined by Colorado Revised Statutes,
regularly conducts the business of making contracts
for purchase or purchase transactions."
Section A .Safety ClauGe .The City Council hereby finds,
determines, and declares that-this ordinance is promulgated under
the general police power of the City of Wheat Ridge, 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 City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5. 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,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6 S~p~session Cia~s Lf any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of-this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 7 This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _
to on this day of ,_1993, ordered
published in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7.500 West 29th Avenue, Wheat Ridge,
Colorado.
Ordinance No.
Series of 1993
Page 6
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ~,
1993.
SIGNED by the Mayor on this day of 1993
ATTEST:
Wanda Sang, City Clerk
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
<ldr>ordspecialuses
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
KATHRYN $CHROEDER, CITY ATTORNEY
M E M O RAND U M
TO: P anning Commission
FROM: Glen Gidley, Director. of Planning & Development
RE: Case No. ZOA-93-3/Proposed Amendment to Zoning Ordinance
regarding Special Uses and Pawn Shops
DATE: November 23, 1993
This is a two-part proposal initiated by City Council. Council
has reviewed the attached Council Bill and passed it on First
Reading at their meeting of November 22nd. Their public hearing
is scheduled £or December 13, 1993.
PROPOSAL #1 Revise Special Use Permit Procedures
For some time, Council has expressed concern that Special Use
Permits grant a permanent right that stays with the land, once
approved. While this is consistent with traditional zoning
practice, Council has directed staff to prepare an amendment that
would link the Special Use to the owner/operator of the Special
Use, rather than to the land. They believe that, while location
certainly is an important factor, the ability and reliability of
the use owner/operator is equally important. -They also have
asked for a revocation procedure in lieu of court enforcement of
code infractions.
These provisions would apply to all future Special Use Permit
applications and would not affect existing properties that have
Special Use Permits,.except for the "nonconforming" provisions of
Subsection (7) that places a five-year amortization schedule and
a non-transferability clause on nonconforming special uses.
In the attached proposed Council Bill,
bold ( additions ) and ~~_-'__= ~'_--_ _~~_`_ (d~
that revisions primarily deal with the
Special Use Owner/Operator responsible
maintaining the use in accordance with
approval, or risk revocation.
revisions are indicated by
sletions). You will see
ability to hold the
for establishing and
the conditions of
PROPOSAL #2 - Pawn Shop Regulations
An additional concern of Council is the recent proliferation of
Pawn Shops in Wheat Ridge. Council has expressed a belief that
Pawn Shops, by the nature of their business, are not like
standard retail establishments and should be further regulated.
The state has treated Pawn Shops differently from most other
retail stores by providing special regulations therefore under
Memo to Planning Commission
November 23, 1993
Page 2
Colorado Revised Statutes, 12-56. Hence, Council has directed
staff to prepare amendments to our Zoning Ordinance and Business
Licensing Ordinance that address the special impacts associated
with Pawn Shops.
Subsections 2 and 3 of the attached proposed Council Bill do the
following:
a. It specifically enumerates (lists) the use "Pawn Shop" as a
Special Use in the Commercial-Two zone district. Therefore,
it could not be interpreted as an "Other Similar Use" 'under
other Zoning Ordinance sections, and thus permitted as a use-
by-right, as currently is the case.
b. The term "Pawn Shop" is specifically defined so as to
distinguish this use from other commercial uses.
This proposal presumes that the revisions to the Special Use
Permit procedures are also approved. However, even if the
Special Use Permit procedures are not revised,-the revisions
relating to Pawn Shops could be considered alone.
SUGGESTED MOTIONS:
I move that the proposed Council Bill relating to Special Use
Permits and Pawn Shops be recommended to City Council for
approval.
GEG:slw
<pc>ggmemoll/22b
INTRODUCED BY COUNCIL MEMBER
Council Bill No. Ordinance No.
Series of 1993
TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO PAWN SHOPS
AND SPECIAL USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26, Article 1.
Zoning Code, Section 26-6.(B) Special Uses is hereby repealed and
reenacted as follows:
"(B) Special Uses• Special uses are discretionary uses
which are clearly shown to be void or deficient in an
area, and which if properly designed, developed,
operated and maintained, may be approved for any
specific location within a zone district wherein the
special use is enumerated. Special Uses are highly
dependent upon proper design, management and
operational aspects, therefore such uses must be
considered as a personal grant of use, granted to the
owner of the special use and not as a grant of a vested
property right which transfers with the land or lease.
The only time a Special Use Permit may be transferred
to a new owner without re-applying for approval is
through inheritance by an heir. The primary issues
which planning commission and city council shall
address are those related to justification o£ need and
those special design and operational considerations
which mitigate potential detrimental impacts of a
special use __a;~s__-' "tee on surrounding land uses,
the street system, or public services or £aciiities. In
order to protect the public interest -ate woe
planning commission and city council
shall have the right to approve, approve with
modifications or deny a special use request, and to
revoke previously approved special use permits pursuant
to subsection (6) hereof.
(1) Applicabilitv._ The requirements of this subsection
shall apply to all uses listed as "Special Uses" within
the provisions set Forth for any particular zone
district.
(2) Application form and review procedures:
(a) Prior to submitting any application for a special
use permit, the applicant shall be required to
hold a neighborhood input meeting. (See subsection
(F)(1) for requirements.)
Ordinance No. Page 2
Series of 1993
(b) Special use applications shall be originated
only by the prospective owner of the proposed
special use, with written approval of the fee
owner of the property in cases where the owner of
the property is different than the owner of the
proposed special use. Both the special use owner
and the land owner, or their legal
representatives, must be present at all public
hearings.
(c) Application shall be submitted on forms provided
by the department of planning and development, and
shall be accompanied by a copy of the property
deed, a certified survey, and a fee of one hundred
dollars ($100.00).
(d) Ail applications shall also be accompanied by a
site development plan and additional written
information in sufficient detail to convey the
full intent of the applicant in developing,
operating and maintaining the special use. The
site development plan shall meet the requirements
of a Type I site plan as set forth in subsection
(E)(1) below.
(e) Upon receipt of a complete application packet as
described above, the planning and development
department shall proceed with the following
process:
1. Refer the application to affected public
agencies for review and comment.
2. Within thirty (30) days of acceptance of a
completed application packet, give notice of a
scheduled public hearing on the application by
newspaper publication, letter notification and
posting in the manner as provided in
subsection (F)(1).
3. Prepare a written report and recommendations
to the planning commission which evaluates the
proposal and makes findings using the
following review criteria set forth in
subsection (3) below.
(3) Criteria for re ie_w Before a special use is approved,
the applicant shall show, and the planning commission
and city council shall find, the proposed special uses:
(a) Will meet a proven public need in that it will
fill a void in necessary services, products or
facilities especially appropriate at the location
proposed, considering available alternatives.
(b) Will not have a detrimental effect upon the
general health, welfare, safety and convenience of
Ordinance No. Page 3
Series of 1993
persons residing or working in the neighborhood of
the proposed use.
(c) Will not create or contribute to blight in the
neighborhood by virtue of physical or operational
characteristics of the proposed use.
(d) Will not adversely affect the adequate light and
air, nor cause significant air, water or noise
pollution.
(e) Is consistent with the comprehensive plan.
(f) Will not result in undue traffic congestion or
traffic hazards, or unsafe parking, loading,
service ar internal traffic conflicts to the
detriment of persons whether on or off the site.
(g) Will be appropriately designed, including
setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony
and compatible with character of the surrounding
areas and neighborhood, especially with adjacent
properties.
(h) Will not over burden the capacities of the
existing streets, utilities, parks, schools and
other public facilities and services.
(4) Planning commission review• The planning commission'
shall hear and consider any evidence or statement
presented by the applicant, city staff, or by any
person in attendance at the hearing. The planning
commission shall then make a recommendation to city
council to approve, approve with conditions or deny
the application, basing its recommendation upon the
facts presented in the public hearing in consideration
of the criteria for review as specified in subsection
(3) above. Planning commission may recommend condi-
tions or stipulations, which may include physical
design as well as operational and maintenance
considerations, upon the special use in addition to
standard development and use regulations which apply
within a particular zone district or for a similar
"permitted use". Such conditions or stipulations may
be recommended in order to ensure compliance with the
criteria for review, which, if not complied with, shall
be grounds for revocation of the special ---a~~m=a=
use. A recommendation for denial shall be considered
final, unless the applicant files an appeal to city
council.
(5) City council review. City Council shall review and
decide upon all requests for special uses upon
recommendation of planning commission for approval or
upon appeal by an applicant of a recommendation for
denial by planning commission. Special uses may only
be approved by passage of an ordinance, following the
Ordinance No.
Series of 1993
Page 4
city's standard ordinance adoption procedures. Notice
of public hearing shall be in the manner ,provided in
subsection 26-6(F)(1). City council, in addition to
consideration of the planning commission record, shall
hear additional evidence and testimony presented, and
either pass, pass with modifications, or deny the
ordinance, its decision being based upon all evidence
presented, with due consideration of the criteria for
review.
(6) Enforcement All .conditions and stipulations imposed
by city council shall be maintained in perpetuity with
the special ~ -a~timi~ use. If at any time the
stipulations or conditions are not adhered to or are
found to have been materially altered in scope,
application or design, the zoning administrator shall
notify a code enforcement officer of the nature of the
violation(s) and the code enforcement officer shall
investigate, and if appropriate, initiate revocation
~__ ~ _a __t_ proceedings which shall include
the following:
(a) Notice of violation following procedures as set
forth for Nuisances pursuant to Wheat Ridge Code,
Chapter 15.
(b) Upon a finding of noncompliance by a Code
Enforcement Officer after the prescribed
correction date, the Zoning Administrator shall
schedule a revocation hearing before the City
Council. Such revocation hearing date shall be
set by City Council after 1st reading of an
ordinance therefore. The purpose of the revocation
hearing shall be for the City Council to hear
evidence concerning the nature .and extent of the
alleged noncompliance with the conditions of the
Special Use Permit. The Council shall have the
power, upon good cause being shown, to cancel or
revoke the previously issued Special Use Permit,
to require certain corrective measures to be
taken, and/or to direct the City's agents to enter
upon the premises and take corrective measures
required by the City Council, and to modify the
conditions which apply to the Special Use Permit.
Any revocation action shall become effective
fifteen (15) days after final publication of the
ordinance. Any other action shall require a
continuance of the public hearing to a specific
future date, and a motion stipulating the specific
corrective measures that are to be accomplished
either by the special use owner or by an agent of
the City within that time period. Upon the date
of the continued hearing, should the Council find
that the conditions and stipulations have not been
Ordinance No.
Series of 1993
Page 5
satisfactorily met, Council shall adopt the
revocation ordinance."
(7) NonconformingySpecfal Uses•
Notwithstanding the provisions of this Zoning
Code Section 26-7. Nonconforming lots, uses
and structures, any special use which is
nonconforming to the provisions of this
Section 26-6.(B) by way of not having
received approval of a Special Use Permit
under prior rules and procedures shall
terminate, or shall otherwise become
conforming to these provisions, within
five (5) years of the date that such
nonconforming status became effective.
In addition, within this five (5) year
amortization period, no nonconforming
special use shall change ownership without
coming into conformance with this Section
26-6.(B). All other provisions of Section
26-7 shall apply.
Section 2. Wheat Ridge Code of Laws, Section 26-23. Commercial-
Two District (C-2), subsection (E) Special Uses, is hereby
amended by the addition of an additional special use as follow:
"(d) Pawn Shops."
Section 3. Wheat Ridge Code of Laws, Section 26-5. Definitions
subsection (a) is hereby amended by the inclusion of an
additional definition, in the appropriate alphabetical order, as
follows:
"Pawn Shop. A commercial establishment where a
pawnbroker, as defined by Colorado Revised Statutes,
regularly conducts the business of making contracts
for purchase or purchase transactions."
Sect'o~n 4_ Wheat Ridge Code of Laws, Section 26-10 through
Section 26-15, and Sections 26-18 and 19, subsections (E) Special
Uses, are hereby amended by addition of the following new special
uses:
"Small Day Care Center, Day Care Center."
Section 5. Wheat Ridge Code of Laws, Sections 26-16 and 26-17,
subsections (E) Special Uses, are hereby amended by addition of
the following new special use:
Ordinance No. Page 6
Series of 1993
"Day Care Center."
Section 6. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, 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 City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 7. 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,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 8. Supersession Claus_e_._ If any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail..
Section 9. This ordinance shall take effect upon approval by
City Council.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _
to on this day of 1993, ordered
published in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ,
1993.
SIGNED by the Mayor on this day of 1993.
DAN WILDE, MA
Ordinance No. Page 7
Series o£ 1993
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
KATHRYN SCHROEDER, CITY. ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
E££ective Date:
<idr>ordspecialuses
7500 WEST-29TH AVENllE - _ - - --ThE Cify,Of
P.O. BOX 638
WHEAT RIDGE. CO 80034-0638- (303) 234-5900 (Z x ~L eat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 - V~V lildge
M E M O R A N D U M
TO: APA - Planning Advisory Service
Attention: Sarah Bohlen
FROM: Glen Gidley, AICP --
Planning & Development Dept.
P. O. Box 638
Wheat Ridge CO 80034-0638
RE: Request for Service
DATE: December 8, 1993
~~
The City of Wheat Ridge is considering adopting stringent zoning
laws that would regulate the location and operation of PAWN
SHOPS. Several new pawn shops have opened business within
existing retail areas and citizens are concerned that such
businesses will degrade the area and lead to increased crime.
Question: Does PAS have any information that has addressed PAWN
SHOPS as a land use, and/or as a negative, blighting influence?
Also, do you have any examples of ordinances or regulations
specifically dealing with PAWN SHOPS?
The accompanying purchase requisition guarantees payment of $100
for up to one hour of research on this topic. If it appears that
additional research would be useful, please call me to authorize
additional time and payment.
Thank you.
30 3 - a35-~'
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CITY OF WHEAT RIDGE PURCHASE REQUISITION
ORDERING DEPARTMENT: _ Plarinlna & Dey.
Suggested Vendors American Planning ASGOC
Item Budgeted Yes I~X No ^
DELIVER TO: _~~
RE DELIVERY DATE _.
Purchase Order No.
P.O.B.
Requisitioned No. 12-0 8-9 ~-Pi,
City Administrator's Signature. if over st.nnn 4.4 Hato
QUANTITY
UNIT
DESCRIPTION BUDGET
ACCT. UNIT
PRICE
TOTAL .
Planning Advisory Service 120-750 $100.00
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NOTICE OF PUBLIC HEARING, -
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge Planning Commission on December 2, 1993
at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public
Hearing or submit written comments. The following petitions
shall be heard:
1. Case No WZ-93-9• An application by Heinz Silz for approval
of a rezoning from Agricultural-One .to Commercial-One and for
approval of a site plan for development within the Fruitdale
Master Plan area. Said property is located at 4425 Tabor -.--
Street and is legally described as follows:
That part of Lots 9 and 10, Lee's Subdivision described as
follows:
Beginning at a point on the east line of lot ten (10), 198 feet
north of the southeast corner, thence 210 feet west, thence 132
feet north, thence 210 feet east, thence 132 feet south to the
point of beginning; except that part of Lot 10 described in deed
recorded under reception No. 89042285.
And beginning at the southeast corner of Lot nine (9), thence 210
west, thence 66 feet north, thence 210 feet east, thence 66 feet
south to the point of beginning, County of Jefferson, State of
Colorado.
2. .k~ase=No ~n_A-g_~=~= A public hearing wilt be held on proposed
amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning
Ordinance, Section 26-6(B) relating to Special Use Permits,
and Sections 26-5 and 26-23 relating to Pawn Shops. Copies
of the proposed amendments may be obtained from the City of
Wheat Ridge, Department of Planning and Development, 7500
West 29th Avenue, Wheat Ridge CO 80033.
3. Case No zOA-93-4• A public hearing will be held on proposed
amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning
Ordinance, Section 25-5. Definitions, relating to "Automobile
and Light Duty Truck Sales and Rental Lots". Copies of the
proposed amendments may be obtained from the City of Wheat
Ridge, Department of Planning and Development, 7500 West 29th
Avenue, Wheat Ridge CO 80033.
4. Case No ZOA-93-5• A public hearing will be held on proposed
amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning
Ordinance, Subsections 26-22(D) and 26-23(D) relating to the
use of semi-trailers, other mobile trailers and shipping
_~.
containers for the purpose of outside storage and
warehousing. Copies o£ the proposed amendments may be
obtained from the City of Wheat Ridge, Department of Planning
and Development, 7500 West 29th Avenue, Wheat Ridge CO
80033.
5. Case No. WZ-93-10• An application by Drake Contractors,
Inc., for approval of an amended final development plan for
property located at 5190 Parfet Street, originally approved
as Case No. WZ-92-5. Said property is legally described as
Follows:
THAT PART OF THE NE 1/4 SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; LOCATED IN THE CITY
OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORAD, AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF'SECTION 16, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE 6TH P.M., THENCE NORTH 000 00' 00"
EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16, A
DISTANCE OF 2542.75' TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF THE BURLINGTON-NORTHERN RAILROAD R.O.W.; THENCE S 740 48'
48" W, ALONG'SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 20.72
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 740 48'
40" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 526.73
FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PARFET STREET; AND
PARALLEL TO THE SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A
DISTANCE OF 170.50 FEET; THENCE N 740.48' 40" E, PARALLEL TO SAID
SOUTHERLY RAILROAD R.O.W., A DISTANCE OF 526.73 FEET, THENCE N
000 00' 00" E PARALLEL TO SAID NORTH-SOUTH CENTERLINE OF SECTION
16, A DISTANCE OF 170.50 FEET TO SAID TRUE POINT OF BEGINNING.
~ ~
S ndra iggins, cretary
ATTEST:
Wanda Sang, City Clerk
To be Published: November 16, 1993
Wheat Ridge Sentinel
<pc>pn12/2/93
;_...
~ CITY COUNCIL NiINUTES: December 13, 1993 Page -4-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 5. ~,ouncil-Bill 30 - An Ordinance amending th,e Zoning Ordinance of
the Code of Laws of the City of ;{heat Ridge relating to Pawn
Shops and Special Uses.
Council Bill 30 was introduced on second reading by Mr. Edwards; title
read by the Clerk; Ordinance No. 945 assigned.
hir. i~iddaugh presented the staff report.
Jack Hurst, Police Chief for the City of 'N heat Ridge, was sworn in by
the Mayor; he presented data to City Council that showed the time and
cost related to Pawn Shop administrative matters.
A;r. Gidley explained the suggested amendments to the Ordinance.
Motion by Mr. Edwards that Council Bill 30 (Ordinance No. 945) be
approved on second reading and ordered published and take effect upon
approval by City Council with the following amendments: In Section
1,(B) ...property right which transfers with the land or lease. THE
ONLY TIME THAT A SPECIAL USE PERMIT MAY SE TRANSFERRED TO A NEW OWNER
WITHOUT RE-APPLYING FOR APPROVAL IS THROUGH INHERITANCE BY AN HEIR...
On page 5. Section (7) be added ..BY WAY OF fdOT HAVING RECEIVED APPROVAL
OF A SPECIAL USE PERMIT UNDER PRIOR RULES AND PROCEDURES.
Adding Section 4. and 5. "Small Day Care Center, Day Care Center".
Seconded by Mr. Solano.
Lee Orlandi, 5345 W. 38th Avenue, Wheat Ridge, was sworn in by the
Mayor and spoke against Pawn Shops in Shopping Centers.
Miotion carried 6-2 with Counciimembers Eafanti and Siler voting no.
Item 6. Council Bill 31 - An Ordinance repealing and reenacting Section
19-23 of the Code of Laws of the City of What Ridge relating to
original appointment and probationary period of Civil Service
Employees.
Council Bill 31 was introduced on second reading by Mr. Eafanti; titlea:;
read by the Clerk; Ordinance No. 946 assigned. ~rv
Motion by Mr. Eafanti that Council Bill 31 (Ordinance No. 946) be
approved on second reading, ordered published, and take effect 15 days
after final publication; seconded by Mrs. Worth; carried 8-0. .
Item 7. Council Bill 34 - An Ordinance amending the Code of Laws of the
City of Wheat Ridge relating to Business Development Zones.
Council Bill 34 was introduced on second reading by Mr. Edwards; title
read. by the Clerk; Ordinance No. 947 assigned.
CITY COUNCIL MINUTES: February 14, 1994 page -5-
reports with the Securities and Exchange Commission pursuant to Section
15. D, of the Act. Provided that such a person files with the
Police Department such information documents and reports as required by
the Act to be filed by such issuer with the Securities and Exchange
Commission. Such issuer shall file information on, managers, officers,
and directors of such issuer or any licensed or intermediate subsidiary
as is otherwise required of ravagers, officers, and directors of
corporate pawnshops.
Mr. Edwards and second accepted this as a friendly amendment, but
objected to having things brought to Council at the last minute.
Mrs. Worth asked for an amendment under Section 11-190(A). it is
suggested that the hours- of operation in this sub-section be amended to
read as follows: "A. After 9:00 p.m, and before 8:00 a.m. on any day
the business is open"; seconded by Mrs. Behm; carried 6-2 with Mr.
Edwards and Mrs. Fields voting no.
Todd Hills, 5990 W. 44th Avenue, Wheat Ridge, was sworn in by the Mayor.
He is representing Pawn One and stated that he doesn't have a problem
with the way the ordinance is being written.
Original Aiotion as amended carried 8-0.
Motion by Mrs. Worth to move Item 13. up to be heard now; seconded by
Mr. Solano; carried 8-0.
Item 13. Resolution 1389 - establishing certain fees and other
requirements as specified in°~awn-13r"oker-Ordinance.
Resolution 1389 was introduced by Mr. Edwards; title read by the Clerk.
Mr. i~iddaugh explained that this Resolution had been part of the
discussion with the Pawn Broker businesses. He suggested that Council
take the following actions. Table action on the fee resolution until
City Council Meeting of March 14, 1994. Invite EZ Pawn ad Pawn One to
the March 7 Study Session to discuss the license fee. Amend the
Resolution to provide a May 1, 1994 affective date for the $1.00 per
transaction form fee.
Motion by Mrs. Worth that we postpone action on the Fee Resolution until
the City Council meeting of March 14, 1994. And further move that at
the March 7 Study Session, we invite EZ Pawn and Pawn One for a
discussion of the license fee. That we amend the Resolution to provide
a May 1, 1994 effective date for the $1.00 per transaction form fee;
seconded by Mr. Solano.
Mr. Solano moved for an amendment that on the March 7 Study Session only
Sections 2. and 5. of the Resolution be discussed; seconded by Mr.
Edwards; failed 5-4 with Councilmembers Worth, Hall, Siler, and Behm
voting no. Mayor Wilde broke the tie by voting no.
Original Motion carried 7-1 with Mr. Edwards voting no.
PUBLIC HEARING SPEAKERS' LIST
CASE N0: ~np_q~_~.
DATE: TlE?namha~? i aa3
REpUEST: A public hearing will be held on proposed amendments to
Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance,
Section 26-6 (B) relating to Special Use Permits, and
Sections 26-5 and 26-23 relating to Pawn Shops.
i { position O,n Request;
i s (Please Cfieok) ;
SPEAKER'S NAME ~ ADDRESS (PLEASE 'PRINT) ~ IN FAVOR ; OPPOSED
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INTRODUCED BY COUNCIL MEMBER VANCE EOWARDS
Council Bill No. ~ ORDINANCE NO. 952
Series of 1994
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY
OF WHEAT RIDGE, COLORADO, ADOPTING AN ARTICLE
CONCERNING THE LICENSING AND REGULATING OF
PAWNBROKERS.
WHEREAS, to protect the health, safety and welfare of the
citizens of the City of Wheat Ridge, and in conjunction with
regulation by the State of Colorado, it is necessary for the City
to regulate pawnbrokers; and,
WHEREAS, the City Council has determined that Chapter 11,
Article VII of the Wheat Ridge Municipal Code should be enacted for
the efficient and just administration of pawnbrokers.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Wheat Ridge Code of Laws, Chapter 11 is hereby amended
by the addition of Article VII, "Pawnbrokers," and adopted as
follows:
Table of Contents
Section 11-170 Definitions.
Section 11-171 Compliance; license required.
Section 11-172 Licensing application fee.
Section 11-173 License fee.
Section 11-174 Non-transferability of license.
Section 11-175 License renewal.
Section 11-176 Bond required.
Section 11-177 Insurance required.
Section 11-178 Letter from Zoning Administrator required.
Section 11-179 Investigation and approval of applicants
required; non-transferability.
Section 11-180 Denial of license.
Section 11-181 Revocation oflicense.
Section 11-182 Managers; change of any applicant.
Section 11-183 Required acts of pawnbrokers.
Section 11-184 Identification acceptable.
Section 11-185 Accepting lost or stolen articles.
Section 11-186 Prohibited acts of pawnbroker in the
course of doing business.
Section 11-187 Intermediate payment; receipts.
Section 11-188 Sale of tangible personal property; notice
to customer.
Section 11-189 Hold orders and surrender of property.
Section 11-190 Hours establishments closed.
Section 11-191 Liability of pawnbroker.
Section 11-192 Procedure of moving business.
Section 11-193 Violations and penalties.
Article VII. Pawnbrokers.
Section 11-170. Definitions.
As used in this Chapter, the following terms shall have the
meanings indicated.
A. CITY - The City of Wheat Ridge, Colorado.
8. POLICE DEPARTMENT - The Police Department or designee for
the City of Wheat Ridge.
C. POLICE CHIEF - The Police Chief or designee for the City
of Wheat Ridge.
D. CONTRACT FOR PURCHASE - A contract entered into between
a pawnbroker and a customer pursuant to which money is
advanced to the customer by the pawnbroker on the
delivery of tangible personal property by the customer to
the pawnbroker on the condition that the customer, for a
fixed price and within a fixed period of time, not to
exceed ninety days, has the option to cancel the contract
and recover from the pawnbroker the tangible personal
property.
E. FIXED PRICE - The amount agreed upon to cancel a contract
for purchase during the option period. Said fixed price
shall not exceed:
(1) One-tenth (1/10) of the original price for each
month, plus the original purchase price, on amounts
of fifty dollars ($50.00) or over; or
(2) One-fifth (1/5) of the original purchase price for
each month, plus the original purchase price, on
amounts under fifty dollars ($50.00}.
F. FIXED TIME - That period of time, not to exceed ninety
days, as set forth in a contract for purchase, within
which the customer may exercise an option to cancel the
contract for purchase.
G. LOCAL LAW ENFORCEMENT AGENCY - Any marshal's office,
police department, or sheriff's office with jurisdiction
in the locality in which the customer enters into a
contract for purchase or a purchase transaction.
H. OPTION - The fixed time and the fixed price agreed upon
by the customer and the pawnbroker in which a contract
for purchase may be but does not have to be canceled by
the customer.
I. PAWNBROKER - A person regularly engaged in the business
of making contracts for purchase or purchase transactions
in the course of his business.
S. PAWNBROKING - The act of a person engaging in the
business of making contracts for purchase or purchase
transactions in the course of a pawnbroker's business.
K. PERSON - Any individual, firm, partnership, association,
corporation, company, organization, group or entity of
any kind.
L. PURCHASE TRANSACTION - The purchase by a pawnbroker in
the course of business of tangible personal property for
resale, other than newly manufactured tangible personal
property which has not previously been sold at retail,
when such purchase does not constitute a contract for
purchase.
M. TANGIBLE PERSONAL PROPERTY - All personal property other
than choses in action, securities, or printed evidences
of indebtedness, which property is deposited with or
otherwise actually delivered into the possession of a
pawnbroker in the course of business in connection with
a contract for purchase or purchase transaction.
Section 11-171. Compliance; licen_se_reQUired.
It is unlawful for any person to engage in the business of
pawnbroking except as provided in and authorized by this Article
and without first having obtained an annually renewable. and non-
transferable Pawnbrokers License issued by the City.
Section 11-172. L_icensinc application; fee.
The Police Department shall issue a license according to the
requirements of this Article. All applicants for a Pawnbrokers
License shall file an application for such license with the Police
Department on forms to be provided by the Police Department. The
application for a license. shall contain the information required in
this Article and any other pertinent information required by the
Police Department. Each individual applicant, partner of a
partnership, officer, director and holder of ten percent or more of
the corporate stock of a corporate applicant, and all managers,
shall be named in each application form, and each of them shall be
photographed and fingerprinted by the Police Department. Each of
them shall furnish three letters of character reference from
residents of the City or the surrounding metropolitan area. Each
individual applicant, partnership and corporate applicant shall, in
addition, furnish as an attachment to and part of such application
evidence that the proposed establishment meets the requirements of
the zoning ordinance, proof of applicant's right to possession of
the premises wherein the business of pawnbroking will be conducted,
a Financial Questionnaire, Consent to Release of Financial
Information, and a current personal financial statement or a
balance sheet and income account statement for the preceding
twelve-month period prior to the date of the application. Each
corporate applicant shall furnish evidence that it is in good
standing under the statutes of the State of Colorado, or in the
case of a foreign corporation, evidence that it is currently
authorized to do business in the State of Colorado. The license
issued under this Article shall be applicable only for the location
identified in the license application, and only for the
owner/applicant making the license application. Each applicant
shall pay nonrefundable application fees at the time of filing an
application and at the time an amendment is made to the
application. Such fees shall be determined by the City and set by
resolution.
Section 11-173. License fee.
The City finds, determines and declares that considering the
nature of the business of pawnbroking and the relationship of such
business to the municipal welfare, as well as the relationship
thereto to the expenditures required of the City, and a proper,
just and suitable distribution of the tax burdens within the City
and all other matters properly to be considered in relation
thereto, the classification of, such business as a separate type of
business or occupation requiring a separate license fee is
reasonable, proper, uniform, nondiscriminating and necessary for a
just and proper distribution of the tax burdens within the City.
The City hereby levies and assesses for each year an annual City
pawnbroker license fee. The annual license fee for carrying on the
business of pawnbroking shall be determined by the City and set by
resolution. Such fee shall be payable prior to the issuance of the
license. Any license issued pursuant to this Article shall expire
on the 31st day of December of each year. Such license fee shall
be prorated for the calendar year in which the Pawnbrokers License
is first issued.
Section 11-174 Non-transferability of license.
Any license issued pursuant to this Article shall not be
transferable. Any such license may not be transferred to either
another person or a location other than that listed in the license
application. Any change in the partners of a partnership or in
officers, directors, or holders of ten percent or more of the stock
of a corporate licensee holding a Pawnbrokers License shall result
in termination of the license of the partnership or corporation,
unless a written amendment to the original application is made as
required by Section 11-182.
Section 11-175. License renewal.
Annual renewal requests must be filed with the Police
Department no later than the first day of December of each calendar
year and shall be made under oath, stating that no events have
occurred which would result in a different response than that
contained in the original application or any renewal thereof. If
circumstances have changed, the applicant must state with
particularity the change, and respond appropriately to all
questions in the application form. The request for renewal must
include evidence of insurance coverage per the requirements of
Section 11-177 herein.
Section 11-176. Bond required.
As part of the licensing process, the applicant shall furnish
a good and sufficient bond in a sum to be determined by the City
and set by resolution. Such bond shall be conditioned upon the
faithful observance of the requirements of this Article and
conditioned upon the safekeeping or return of all articles in
pledge by such pawnbroker. The City Attorney must approve the
surety, and form or surety agreement, before a Pawnbrokers License
will be issued.
Section 11-177. Insurance required.
As a part of the licensing process, the applicant shall
provide fire and property damage insurance for all property the
pawnbroker holds by contract, in the minimum amount of one-half of
such property's contracted value in case of damage or destruction.
The applicant must provide the Police Department proof of such
insurance coverage before a Pawnbrokers License is issued. The
City Attorney must approve the nature and extent of insurance
coverage before a Pawnbrokers License will be issued. Proof of
this insurance coverage must be provided each time a request for
renewal is filed with the Police Department.
Section 11-178. Letter from Zoning Administrator required..
As a part of the licensing process, and prior to the issuance
of any Pawnbrokers License, the applicant shall obtain and submit
to the Police Department, a letter from the Zoning Administrator
stating that the zoning of the property permits a pawnbroking
establishment, and that,the pawnbroker has obtained, is in the
process of obtaining, or will obtain, a special use permit.
Section 11-179. Investigation and approval of applicants
Upon receipt of a properly completed application, as
determined by the Police Department, together with all information
required in connection therewith, fingerprints and photographs, and
payment of the application fee, the Police Department shall conduct
an investigation of the background, experience, character and
financial responsibility of each individual applicant, the partners
of a partnership, officers, directors and holders of ten percent or
more of the corporate stock of a corporate applicant, and all
managers of a proposed pawnbroker's establishment.
If the Police Department background investigation confirms
that the requirements of this Article have been met and that the
financial responsibility, experience, character and general fitness
of the individual applicant and of the partners, officers,
directors and/or holders of ten percent or more of the stock of a
corporate applicant and all managers, are such as to command the
confidence of the public and to warrant the belief that the
business will be lawfully, honestly, and fairly operated pursuant
to.this Article, the Police Department may issue a Pawnbrokers
License. If the investigation reveals that any applicant, partner,
officer, director.andlor holder of ten percent or more of the
corporate stock of a corporate applicant, or any of the managers,
does not meet. these criteria, the Police Department will deny the
applicant's request for a Pawnbrokers License.
Upon concluding an investigation which reveals that the
applicant's request for a Pawnbrokers License may be approved, and
once the Police Department receives verification that the applicant
has met the bond and insurance requirements, and has received a
compliance letter from the Zoning Administrator, the Police
Department shall issue and deliver to the applicant a Pawnbrokers
License for use only at the premises specified in the application
and only by the owner/applicant making the application. If any
requirements of this Section have not been met, the Police
Department shall deny the applicant's request for issuance of a
Pawnbrokers License in accordance with Section 11-180.
Section 11-180. Denial of license.
A. The application for, or renewal of, a Pawnbrokers
License may be denied by the Police Department 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 or more of the stock of a corporate
applicant or manager of a pawnbroker's
establishment, is not of such moral character. as to
assure that the operations. of the pawnbroker's
establishment will be conducted lawfully or in a
manner which will not be detrimental to the public
interest or well-being as determined by the Police
Department's investigation.
(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 an individual applicant has been
adjudged in any civil or criminal proceeding to
have engaged in business or trade practices
prohibited by law, or convicted of any felony or
other offense involving moral turpitude shall be
considered in determining whether the individual
applicant, manager, partner, director and/or .holder
of ten percent or more of the applicant's stock is
a person of good moral character.
(4) Failure to comply with any law, rule or regulation
relating to the conduct or operation of any
pawnbroker's business.
(5) The suspension or revocation of any pawnbroker
license ever issued to the applicant.
B. The Police Department shall make a decision to accept or
deny the applicant's license or renewal thereof no later
than thirty (30) days after the Police Department has
received all forms, documents and items required of the
applicant by this Article and the results of the Police
Department's investigation required by Section 11-179.
C. The Police Department shall not deny an applicant's
request for a license without notice to the applicant of
the reasons for such denial, and without the applicant
being given an opportunity for an appeal of the Police
Department's decision, as set forth in Section 11-181.
Section 11-181. Revocation of license.
A. A Pawnbrokers License may be revoked under this Article
if:
(1) The licensee fails, at any time, to meet the
qualifications requires of an applicant by this
Article;
(2) The license violates any provision of this Article
or other ordinance of the City governing the
activities permitted by the license;
(3) The licensee obtained the license by fraud or
misrepresentation; or
(4) The licensee has final conviction of 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.
B. For the purpose of investigating violations of this
Article, any authorized agent of the Police Department
may, at any reasonable time, investigate the business and
examine the books, accounts, papers, and records of any
licensed pawnbroker or any person, partnership, or
,corporation which engages in the business of pawnbroking
within the City. Application for or acceptance of a
license by a pawnbroker under the terms and provisions of
this Article shall constitute a continuing consent to
entry by any authorized agent of the Police Department
upon the pawnbroker's premises for the purpose of
investigating the business and examining the books,
accounts, papers, and records used therein, at any time
during the term of the license, during regular business
hours or whenever the pawnbroker, his employee, or agent
is upon the premises, without compliance with the
provision of any other provision in this Code. Willful
failure or refusal by the pawnbroker, his agent, or
employee to permit entry upon the premises by any
authorized agent of the Police Department as provided
herein, after presentation of credentials and demand for
entry, is a violation of this provision and shall be
grounds for revocation of the Pawnbrokers License.
C. If the Police Department is made aware of the grounds in
Subsection (A) of this Section, the Police Department
shall have the authority to revoke the license for the
remainder of its term.
D. Except for such emergency suspension authorized by
Section (D) of this Section, no such suspension or
revocation is final until the licensee has been given the
opportunity for a hearing to contest the suspension or
revocation. Such hearing shall be held within twenty
(20) days of a written request for the hearing filed with
the Police Department by the licensee affected. Appeal
of the denial of a request for issuance of a Pawnbroker's
License, or renewal thereof, .shall be conducted according
to this. Subsection (E). The hearing shall be conducted
as follows:
(1} Upon receipt of a request for hearing, the City
Administrator shall designate a hearing officer to
decided the matter, and will notify the applicant
or licensee of the hearing date by mail.
(2) The hearing officer is hereby granted the authority,
to sustain, reverse or modify the Police
Department's decision, and/or upon a showing by the
applicant or licensee of mitigating factors, may
suspend the license for a period of time and/or
impose on the applicant or licensee, reasonable
conditions on the license or any renewal thereof to
secure compliance with this Article's standards.
(3) Any hearing presented pursuant to this Article
shall be conducted in conformance with standards of
procedural due process applicable to administrative
hearings, including the right to present testimony
and to confront witnesses.
(4) The hearing officer shall apply the following
standards for review: (1) whether the City, through
the order of revocation, suspension, or denial,
abused its discretion, (2) acted arbitrarily or (3)
acted in excess of its authority hereunder.
Additionally, the licensee or applicant shall have
the burden to show by a preponderance of the
evidence why the revocation, suspension, or denial
of license, or renewal thereof, was improper under
the above standards. It shall also be the burden
of the licensee to establish the mitigation in
contesting any order of revocation or suspension.
(5) The hearing officer shall conduct the hearing
within twenty (20) business days of the filing of
the request for hearing and shall enter written
finding of fact and conclusions of law, which shall
be mailed to the Licensee or applicant 'at the
address shown on the License application. The
hearing officer's decision shall be effective
within three (3) business days of the date of the
written finding required by this subsection.
E. If, after a hearing, the suspension or revocation is
upheld, the Police Department may include reasonable
orders or conditions with which the person whose license
has been suspended or revoked shall comply to protect any
work in progress and the public health, safety, and
welfare.
F. No person whose license is revoked under this Article is
entitled to receive a refund of any part of the license
fee paid for the license.
G. No person who has had a license suspended or revoked
under this Article is entitled to obtain the same or any
similar license under this Article during the period of
suspension or revocation, either in the person's own name
or as a'principal in another business that applies for a
license.
Section 11-182. Managers; Chancre of owner, shareholder,
partner, officer, director or manager.
A. A pawnbroker may employ a manager to operate a
pawnbrokering business, provided the pawnbroker retains
complete control. of all aspects of the pawnbroking
business, including but not limited to, the pawnbroker's
right to possession of the premises, his responsibility
for all debts, and the pawnbroker must bear all risk of
loss or opportunity for profit from the business.
B. In the event of a change of owner, officer, director, or
holder of more than ten percent of the shares of stock of
a corporate license holder, partner of a partnership, or
manager, disclosure. in writing by amendment of the
original application for issuance of a Pawnbroker's
License thereof shall be made to the Police Department.
Notwithstanding the provisions of this Section, neither
a new license nor an amendment to an existing license
shall be required upon any change, directly or
beneficially, in the ownership of any licensed pawnshop,
which is owned directly or beneficially by a person that
as an issuer has a class of securities registered
pursuant to Section 12 of the Securities Exchange Act of
1934 (the "Act") or is an issuer of securities which is
required to file reports with the Securities and Exchange
Commission pursuant to Section 15(d) of the Act, provided
that such person files with the commissioner such
information, documents and reports as are required by the
provisions of the Act to be filed by such issuer with the
Securities and Exchange Commission. Such issuer shall
file with the Police Department information,on managers,
officers and directors of such issuer or any licensed or
intermediate subsidiary as is otherwise required of
managers, officers and directors of corporate
pawnbrokers.
The applicant or license holder shall pay a fee for
amendment of the application, which fee shall be
determined by the City and set by resolution. The new
manager shall be photographed, fingerprinted and
investigated as required in Section 11-179. Failure of
an applicant to request an amendment of the application
or failure to meet the prescribed standards and
qualifications of Section 11-179 shall constitute grounds
for revocation, suspension, or nonrenewal of the license.
Section 11-183. Recuired acts of pawnbrokers
A. Every pawnbroker shall keep a numerical register in which
shall be recorded the following information: the name,
address, and date of birth of the customer; the
customer's driver's license number or other
identification which is allowed for sale of valuable
articles pursuant to Section 18-16-103, C.R.S., or for
the sale of secondhand property pursuant to Section 18-
13-114 C.R.S.; the date, time and place of the contract
for purchase or purchase transaction; and an accurate and
detailed account and description of each item of tangible
personal property, including, but not limited to, any and
all trademarks, identification numbers, serial numbers,
model numbers,, brand names, owner's identification
numbers, and other identifying marks on such property.
The pawnbroker shall also obtain a written declaration of
the customer's ownership which shall state whether the
tangible personal property is totally owned by the
customer, or shall have attached to such declaration a
power of sale from the partial owner to the customer, how
long the customer has owned the property, whether the
customer or someone else found the property, and, if the
property was found, the details of the finding.
B. If the contract for purchase or. the purchase transaction
involves more than one item each item shall be recorded
on the pawnbroker's register and on the customer's
declaration of ownership.
C. The customer shall sign his or her name in such register
and on the declaration of ownership and receive a copy of
the contract of purchase or a receipt of. the purchase
transaction.
D. The register shall be made available to any local law
enforcement agency for inspection upon request at any
reasonable time.
E. Every pawnbroker shall keep each register for at least
three (3) years after the date of the last transaction
entered in the register.
F. Every pawnbroker shall hold all goods obtained pursuant
to a contract for purchase within his or her jurisdiction
for a period of ten (10) days following the maturity date
of the contract for purchase, during which time such
goods shall be held separate and apart from any other
tangible personal property, shall not be displayed to the
public, and shall not be changed in form or altered in
any way.
G. Every pawnbroker shall hold all property purchased by him
or her through a purchase transaction for thirty (30)
days following the date of purchase, during which time
such property shall be held separate and apart from any
other tangible personal property, shall not be displayed
to the public, and shall not be changed in form or
altered in any way.
H. Every pawnbroker shall provide the local law enforcement
agency, on a weekly basis, with two (2) copies of the
records, on a form to be provided or approved by the
local law enforcement agency, of all tangible personal
property accepted during the preceding week and one copy
of the customer's declaration of ownership. The form
shall contain the same information required to be
recorded in the pawnbroker's register pursuant to
Subsection (A) of this Section. The local law
enforcement agency shall designate the day of the week on
which the records and declarations shall be submitted.
I. Every pawnbroker shall provide a safe place for keeping
the tangible personal property of the customers.
J. Every pawnbroker shall clear, through the Police
Department, prior to release, all firearms, other than
those which are newly manufactured and which have not
been previously sold at retail.
K. Every pawnbroker shall videotape all transactions,
including those which do not result in a contract for
purchase or purchase transaction. Any such videotapes
shall be kept by the pawnbroker for a minimum of sixty
(60) days and shall be subject to police review.
L. Every pawnbroker shall pay to the City a fee for every
transaction form. This fee shall be determined by the
City and set by resolution.
M. ,Every pawnbroker shall, at his or her expense, keep
records or provide reports in such manner and by such
methods as may be determined from time to time by the
Police Department.
Section 11-184. Identification acceptable.
No license nor any principal, employee, agent or servant of
such licensee shall engage in a purchase transaction'or shall enter
into a contract for purchase transaction with any customer without
securing one of the following kinds of then current and valid
identification:
A. A Colorado's driver's license;
B. Identification card issued in accordance with Section 42-
2-402, C.R.S., which is an identification card issued by
the State of Colorado;
C. A valid driver's license containing a picture, issued by
another state;
D. A military identification card;
E. A valid passport;
F. An alien registration card; or
G. A non-picture identification document issued by a state
or federal government entity, if the pawnbroker also
obtains a clear imprint of the customer's right index
finger.
Section 11-185. Acceptinc lost or stolen articles.
A pawnbroker who accepts in pledge any tangible personal
property as security for a contract for purchase from one who is
not the owner thereof, obtains no title in the property either by
reason of a pledgor's failure to cancel the contract f.or purchase
or by transference of the pawn ticket to the pawnbroker by the
pledgor thereof. Ignorance of the fact that the pledged property
was lost or stolen shall not be construed to affect the question of
title: and if the pawnbroker shall sell such article to a third
person, he shall remain liable to the original owner in any
appropriate legal action. The lawful owner may, upon proving his
ownership of the lost or stolen property claim the same from the
pawnbroker or recover the same by means of any appropriate legal
action.
Section 11-186. Prohibited acts of pawnbroker in the course of
doing business.
A. No pawnbroker, employee, or agent of the pawnbroker shall
enter into a contract for purchase or purchase
transaction with any person under the age of eighteen
(18) years or with any person under the influence of
alcoholic beverages or drugs.
B. No pawnbroker, employee, or agent of the pawnbroker shall
enter into a contract for the purchase or purchase
transaction with any person known to that employee or
agent to be a thief or to have been convicted of larceny
or burglary, without first notifying the Police
Department. Such notice shall not be deemed as
authorization by the City for the pawnbroker to enter
.into any contract with such person.
C. With respect to a contract for purchase, no pawnbroker,
employee or agent of a pawnbroker may permit any customer
to become obligated on the same day in any way under more
than one contract for purchase agreement with the
pawnbroker which would result in the pawnbroker obtaining
a greater amount of money than would be permitted if
pawnbroker and customer had entered into only one
contract for purchase covering the same tangible personal
property.
D. No pawnbroker, employee or agent of a pawnbroker shall
violate the terms of the contract for purchase.
E. No pawnbroker, employee or agent of a pawnbroker shall
enter into a contract for purchase or purchase
transaction for any tangible personal property wherein
the identification number, serial number, model number,
brand name,, owner's identification number or other
identifying marks on such property have been totally or
'partially obscured.
F. No pawnbroker, employee or agent of a pawnbroker shall
enter into a contract for purchase or a purchase
transaction when the property which is the subject of the
contract for purchase or purchase transaction is other
than tangible property.
G. No pawnbroker, employee or agent of a pawnbroker shall
ask, demand or receive any greater rate of interest,
commission and compensation than the total rate of one-
tenth of the original purchase price for each month, plus
the original purchase price, on amounts of fifty dollars
or over, or one-fifth of the original purchase price for
each month, plus the original purchase price, on amounts
under fifty dollars. No other charges shall be made by
the pawnbroker upon renewal of any contract for purchase
or at any other time. In the event any such charges are
made, the contract shall be void. Any contract for the
payment of commissions by the customer for making a
contract for purchase on tangible personal property shall
be null and void.
The violation of this Section by an agent or employee of a
pawnbroker shall be deemed to be a violation of this Section by the
pawnbroker.
Section 11-187. Intermediate pavment• receipts
Pawnbrokers shall accept intermediate payments, without
penalty, upon contracts for purchase which have not yet matured
when presented with the pawn ticket, and shall treat the amount
tendered as a payment upon the existing contract for purchase. A
receipt showing the date of the payment and the amount shall be
given to the customer for all monies received on account of or in
payment of loans made under a contract for purchase. The total
amount of money presented shall be applied against the amount of
indebtedness. In no event shall late charges, collection fees or
other such service charges be deducted from the amount of the
payment tendered to the pawnbroker.
Section 11-188. Sale of tangible personal property• notice to
customer.
If the customer fails or neglects to redeem such property upon
the maturity of the contract for purchase by repayment of the
balance of the principal and payment of all accrued interest
charges, the pawnbroker shall immediately, upon the maturity of the
contract for purchase, mail with sufficient postage a notice of the
impending sale of the property delivered under the contract. Such
notice shall be mailed to the customer at the address shown on the
contract for purchase pertaining to the transaction. Ten (10) days
shall be allowed from the date of mailing of the notification for
the customer to appear and reclaim the property or make
satisfactory payments upon it. The pawnbroker shall not sell or
otherwise dispose of the property prior to the expiration of the
ten-day period.
Section 11-189. Hold orders and surrender of property
A. Any police officer may order a pawnbroker to hold any
tangible personal property deposited with or in custody
of any pawnbroker for purposes of further investigation.
A hold order shall be effective upon verbal notification
to the pawnbroker by an authorized agent of the Police
Department. No sale or other disposition may be made of
such property held by any pawnbroker while the hold order
remains outstanding. A hold order shall supersede all
other provisions of this Article, and any sale or other
disposition of the property after the pawnbroker has been
notified by the.Police Department of a hold order shall
be unlawful and a violation of this Article.
B. If any police officer determines that any article of
personal property held by a pawnbroker is stolen or
illegally obtained property, such officer may immediately
confiscate such property and must provide the pawnbroker
with a receipt, case report number and the police report
cover sheet setting forth the basis for the confiscation.
Section 11-190. Hours establishments closed.
It is unlawful for any pawnbroker to be open for business or
to operate the establishment wherein the business of pawnbroking
is carried on during the following hours and on the following days:
A. After 9:00 p.m. and before 8:00 a.m. on any day the
business is open.
B. On Sunday.
C. On January 1, commonly called New Year's Day; on the last
Monday of May, commonly called Memorial Day; on July 4,
commonly called Independence Day; on the first Monday of
September, commonly called Labor Day; on Thanksgiving
Day; and on December 25, Christmas Day.
Section 11-191. Liability of pawnbroker.
A. A pawnbroker who accepts any article in a purchase or
contract of purchase transaction from a customer who is
not the owner thereof obtains no title in the article
either by reason of the expiration of the contract or by
transfer of the receipt to the pawnbroker by the customer
or holder thereof. Ignorance of the fact that the
article was lost or stolen shall not be construed to
effect the question of the title. If the pawnbroker
shall sell such article to a third person, the pawnbroker
shall remain liable to the original owner in an action to
recover the article. The lawful owner may, upon proof of
his or her ownership of the article lost or stolen, claim
the same from the pawnbroker or recover the same by
appropriate legal means including, without limitation,
forfeiture of the fair market value of such article out
of the bond required by Section 11-176.
B. A pawnbroker shall be liable for the loss of tangible
personal property or part thereof or for damages thereto,
whether caused by fire, theft, burglary or otherwise,
resulting from his or her failure to exercise reasonable
care in regard to it.
Section 11-192. Procedure for moving business.
A pawnbrokers License issued under this Article is specific to
the location of the pawnbroker's business at the time the license
is issued. Any change in location of a licensed pawnbroker under
this Article shall be treated as a new license application, with
the exception that the Bond Required by Section 11-176, which may
be used for an approved new location upon notification of change of
address to the surety issuing the bond. A copy of the change of
location notice to the surety shall be included in the new
application.
Section 11-193. Violations and penalties.
1. Any person, firm, or'corporation, violating any of the
provisions of this Article shall be liable for a fine or
penalty of not more than one thousand dollars
($1,000.00}. Each day a violation of the provisions of
this Article exists shall be considered a separate
punishable offense.
Section 2. Safety Clause. The City Council hereby finds,
determines, and declares that this Ordinance is promulgated under
the general police power. of the City of Wheat Ridge, 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 City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be
obtained.
Section 3. Severability. If any clause, sentence, paragraph, or
part of this Ordinance or-the application thereof to any person of
circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or its
application to other persons or circumstances.
Section 4. Inconsistent ordinances. All other ordinances or
portions thereof inconsistent or conflicting with this ordinance or
any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of reveal or modification. The repeal or
modification of any provision of the Code of the City of Wheat
Ridge by this ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred
under such provision, and each provision shall be treated and held
as still remaining in force for the purposes of sustaining any and
all proper actions, suits, proceedings, and prosecutions for the
~.
enforcement of the penalty, forfeiture, or liability, as well as
for the purpose of sustaining any judgement, decree, or order which
can or may be rendered, entered, or made in such actions, suits,
proceedings, or prosecutions.
Section 6. Effective date. This Ordinance shall take effect upon
passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to 1 on this 24th day of January , 1994, ordered
published in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Hearing and consideration on final
passage set for Monday , February 14 , 1994, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote, of 8 to 0 , this 14th day of February ,
1994.
Signed by the Mayor on this 15th day of February ,,1994.
_,~-_
~~<~~..
Wanda Sang, City erk
,C9~, _ .~~,,..,e~
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
YN eSCHR EDER, CITY ATTORNEY
1st Publication: February
2nd Publication: February
Wheat Ridge Sentinel
Effective Date: February
1, 1994
22, 1994
14, 1994