Loading...
HomeMy WebLinkAboutORD 11-LAN ORDINANCE AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATING OF CERTAIN PERSONS ENGAGED IN THE BUSINESS OF LENDING MONEY WITHOUT SECURITY WITH- IN THE CORPORATE LD:iITS OF THE CITY OF BEAUNIONT; DEFINING THE WORD "PERSON" AND PROVIDING.FOR THE EXCEPTION OF CERTAIN PERSONS; FIPTIS AND CORPORATIONS FROM THE OPERATION OF THIS ORDINANCE; FIXING AN ANA UAL LICENSE FEE OF $25.00 FOR EACH SUCH BUSINESS; PRESCRIBING.PENALTIES FOR THE VIOLA- TION OF THIS ORDINANCE; REP'E'ALING ALL ORDINANCES' 'OR PARTS OF ORDINANCES•IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE FOR VALID PORTIONS IN THE EVENT ANY PROVISION OF THE ORDINANCE SHALL BE DECLARED -INVALID,; PROVIDING FOR THE EFFECTIVE DATE'OF THIS ORDINANCE. BE IT ORDAINED BY THE CIfY,COPvWISSION OF THE CITY OF BEAUM ONT: Section 1. (a) It shall hereafter be unlawful for any person as herein defined, either as principal or as agent or representative of another, to engage in the business of lending money to any person or persons without securi- ty .within the corporate limits of the City of. 'Beaumont, without .first haying obtained a license therefor from the City'of Beaumont and displaying such license as herein provided. The fact -that any such lender may require a surety, guarantor or .endorser shall not exempt said lender from the provisions of this Ordinance. (b) The word "p'ers on't when used in this Ordinance , shall, for the purposes of this Ordinance, mean every natural person•, firm, co -partnership, associations partnership, corporation or society; and the term itperson" shall include both singular and plural; the masculine shall embrace the feminine gender. - 2 - Section 2. (a)- Every person, before opening, maintaining or operating such a business for the lending of money in the City of Beaumont, shall make application to.the City Manager of the City of .Beaumont for a license for each such business maintained or opera ted'by him, upon a blank to be furnished by' the City 16anager,' on a form prescribed by ;such officer, which shall include among other things the full name and address of the applicant, both residence and place of business, including the street and number; and if applicant is a partnership or association, the full name and address of every member thereof, and if a corporation, the name and address of each officer or director of such corporation; also the name under vh-ich the business is to be conducted.. (b) A separate license and application shall be required for each establishment, office or place of business conducting the business of lending money without security, regardless of the ownership of such business. (c) Every such application for license shall be sworn to by the applicant. Section .3. (a) Each such license shall state the address at which the business is to be conducted and the name under which the business is to be conducted, and such license shall be kept conspicuously posted in the place- of business of the licensee where it may be readily available for inspection by the public, (b) No license shall be transferable or assign- able but shall -be valid only for the use of the licensee named therein; nor shall any licensee maintain more than r 3 .r one place of business under the same license, provided, however, the City Manager may issue more than one license to the same licensee upon cornpliance.with all the provisions of this Ordinance governing an original issuance of a license for each new license. (c) Such license shall be valid only at the address stated in said license; provided, however, that should a licensee desire to change his place. of business to another location, he shall -give written notice thereof to the'City Manager who shall attach to the license,'in writing, a record of the change and the date thereof, which record shall be authority for the'operation of such business under such license at such new location. Section 4. (a) In order to defray part of the expense necessary to provide surveillance, supervision and inspection of such business required under the terms of this Ordinance, there is hereby levied a license fee of Twenty-five 025.00) Dollars per annum for each business so operated, which fee shall be collected by the Tax Assessor and -Collector from each'applicant for each such license. Said license fee shall be payable on an annual basis and shall be'due and payable for any year not later than the 10th day of January of said year, such fee to cover the calendar year. If a license to operate any such business is granted during a current year,- the fee shall be made pro rata for the balance of the calendar year on a basis of the number of months and fractions thereof remaining in said calendar year, such pro rata rates to be figured from the first day of each month. The license fee shall be paid to the Tax Assessor and Collector of the City of Beaumont after the applicant has, filed the application herein provided with the City Manager, and secured said license as provided for herein. No Text person who shal] aid,. abet or assist in (b) Any p. the violation of any • provision-, of this'.'.Ordinance shall.• be deemed guilty of a misdemeanor' and, upon 60nvic.tion shall, be fined not to. exceed fiwo :Hundred ($200.00) . Dollars. Section S. This Ordinance shall not .Apply .to any person,. association or coroorat co-partnership,3on doing business under and.as permitted.by.the laws of this.State or the United States, relating to b:anks,.savings banks, trust companies, building and loan `corzpanies, Morris Plan Banks;''' licensed credit unions, licensed rural credit unions)'. .stock pools,_and farmers4:cooperative agricultural ,and live societies. Section 9. If any section, sab�-section,, sentence,` clause.... phrase or part of this :Ordinance is for• any reason held, to be unconstitutional,.void or invalid; the validity of the remaining portion of this Ordinance shall not be affected thereby, : ,3t .being th'e' intent of the City Commission. in adopting, and of the, Mayor in approving, this Ordinance that'no portion., hereof, or provisions or regulation contained hereihll.shall become inoperative or fail by reason of any uhcbn6titutionality .or invalidity. of any section, sub -.section; sentence, clause., phrase,: portion, provision or regulation of this. Ordinance* Section 1Q.. Any, ordinance inconsistent. With any df::.the 'terms and provisions of this Ordinance is hereby repealed, pro- vid'ed, hotivever., that such repeal shall be only to. tYie extent 6f -such inconsis.tency;, and in all ,other respects this Ordinance shall. ,be curaulat'ive .of.. other, ordinances regulatingsand governing the subject matter 'covered by r _ - J. - .. .. 1. I. ! _ .. .... . . - , ".. 6_ ._ ,' :,: , . ,. ., , . . .. :. > - - :-.. ::-. this Ordinance. .. . . PASSID by 'ari' affirmative voter 0 :���, ' , of the•: City, CorrmJ!,c ion2 th3.s' the, day of ,I. -�. .11 ,. "...7. A.,.D•',' - . 1939. r ; " .;.1. 1. -.s '.. .• - _ , "- MAYOR1. - !- .A. k I ,; . ., I- r.. `; r L •r, `},, ' " " ... ' .. , , .1 _ L ? ,j .... u �'1.I. ; # ,: ; y ., t .... 9• '. , . .• �- ?'•', .,,,, .,. C.' - .� -1. C j - •f:,' -_ , ". - 4 :..:, N , - , . ..� ... . -. .. , ' :. . ': , . , -. .... .. , Y Chu" x t ,- .TY . X 4 s �. 1 , 1' - - 7a L F- k{3y } �' - 1- r v � i t tf � 1. S l � :a ..�• uyt. r .— _ t, Al r- :. - _ - } ..' - , . .� , . , ,. ' '' . " .1, .. � , i tib. - . . - .. . , , .. 1� s 'i 1 0 ,y l y .. b 3 1,' ..!'. ,fir �>S Y.' 9 I ':+SA� rjfr�RlTwve-^ 't t • ' - ". 1 • ;,. 5. I t. - ,. 11 , " - } 1 - ... - . . .. •. ,.. , , �} _k _ ` -.- . .. ,>;. .. r . _ { - ., - ; , . .- ,. _' , - All ORD I"NAT' C1 old 0RD, I ju, C B, Pi3OVD)IN( FO -1r TTIIi; LTCEN I1 (C. £:DD REGULATING OIC' CERTf TI3 I)' 1=tQ,():? E1dt AU ,L lW THE T' ; « 0+ ' I�.�1.7 :) ;a' ':,.a_�1110UT S":CT�T;T! LiTTE- JS Ti �: ��_- i, r , DrsEfPTTY IIT3C'r7�'ZHE GryJC)�1-'ti1I(T? �tTt�TEDIS5�1)I�'" 1!11D PR()�;1_�1/l)Tri G jrOR \'��'jT�.:�i�7, t T �v ..1:1.'�<< 4a.L".�.L�.JIY ©F 0*jr, \.!.'A �.S'J r.iasS ii:i l,);,�t�.,a 1a T.t �A��i.�� Z1���Sd t.i Q1LS�i/d U'Y. .l'.�i�J.YS �iHE '0P`!11:`,ATT 0j,' OF 1').[1`', ' Xt , T IiATdCE; FT3LTIIG A1'd AN i,UAL T,CCEITSE `E .OE 2 .04. FORtEAAt;x C 1 C! .."__`; C'e C� � � -� _—•1',^v �.:., s f � ri it _�i IME, "_.a s t.iFal.��ESS.; PRESCi�J_�alll�r �� 'JAL!`T ; D' L i.�.l!, VIOLA. T T OI'd QF THIS OI DII'!A1 `C;E;R ,P��AL-"ivCa ALL C)�t!)T1d�,1'iCES OZ Pli13T23 QP OR-DINAITC_,-i .T_'].T C01. Pl pjfT]:l.-CI tr A SIaV'.T1,jC'T C, LP L, POR VAi,1D P01,'1' 0143 ri.3 rn, EVENT 11'i�H OF, 1'i.iz L : lALL 131E. DE'CLARLED TINALID; • PI'(0 IDT7 i� FC) R HE i,.-L�i ()j,�!� 1T�'�!'it,l,♦ . EE .-ITORI_)AIT'37 !3'Y. "'I1 ; CT'&, COT:iMISISIOla OF TfiT; . CITY OFLEr�LIYi-i-Ol'T' Section 1* (a)'' It shall hereafter be unlawful for any person as herein defined, either as principal or as .agent or repr(,,sentative of another. • t.o enjiage in the Business of lending xridney to any person or persons without securi- ty within the corporate limits of the City of 3eaumont, without first .having obtained a license therefor from the City of 1)eaumont and displaying such license- as' herein T)rovid©d. `The , fact . that any such lender may require a. surety; guarantor or endorser sr.tall not exempt said lander from the 'Provision's of this Ordinanee, (b). The Word "person" ween used in -th:is Ordinance shall, for the purposes.. of this Ord:ihaxr ce., mean. every natural person, firm$ co -partnership, association, partnerslfip, corporation or society; acid . the, term 11personrt shall include both + si.'ngule.r and Mural;- the masculine shdll embrace the feminine genders - 2 •- Section 2. (a) Every person, before openingo maintaining; or operating such a business for the lending of money in the City of keaumont, shall make application to the City Manager of the C ty of Beaumont for a license for each such business maintained or operated by him., upon a blank to be furnished by the City '''anagen, on a form prescribed by such officer, which shall include among; other things the full name and address of the applicant, both residence and place of business, including the street and number; and if applicant is a partnership or association, the full name and address of every Member thereof, and if a corporation, the name and address of each officer or director of such corporation; also the name under iih ich the business is to be conducted. (b) A separate license and application shall be required for each establishment, office or place_of business conducting the business of lendinG, money without security, regardless of the ownership of such business. (c) Every such application for license shall be sworn.to by the applicant. Section 3. (a) Each such license shall state the address at which the business is to be conducted and the name under which the business is to be conducted, and such license shall be kept conspicuously posted in the place of business of the licensee, where.it may be readily available for inspection by the public. (b) No license shall be transferable or assign- able but shall be valid only for the use of the licensee named therein; nor shall any licensee maintain more than - 3 one place of business under the sarne license, provided.- however".., the City 14anager may issue.wore than'one license to the sam6 licensee upon colnjpliance.with all_, -the provisions of, this '4rd.inance governing 'an" original issuaric;e of a license for each new license* (c) Such license s�_all be valid ;only- at ,the address stated in said license; provided, 'however, .that should" a, licensee desire to change his place of. business to another location., he shall gives written notice thereof to the City' Manager. who shall. attach to the lic©nse, in writing a record of the chango and the date thereof,. which record shall be authority .for the operation,, of .-ouch business .under such license. at such,new',, locution+ Section. '4... (a} in'".order to" defray para of the expcnise, necessary to provide surveillance, supervision. and inspection of such business required under ' the terms 'of thin. Orcl'i.n.ance, there is hereby levied a license .fe® of T}.=enty-f the (2.40) Dollars-per annum for each business so orated, which fee shall be collected by the 'lax Assessor. and Collector from each applicant for 'each such license. Said license fee shall be payable on an .annual basis-and shall be due and paya�lca for any year. not later than the 24th day of January of said :yea?' such fee to cover the calendar year. if a.license to operate any such I?usiness is granted during'a current year, the foe shall be made pro rata for the balance of the calendar year on a basis of the number of months And fractions thereof remain'in'g in said.. calendar year; s'Lich .pro rata rates to be figured from, the first day 'of each month. T-ie.license.foe shall be paid to. the .Tax Assessor and Collector 'of the City of Beaumont after the applicant. has filed the application herein provided with the City Manager, and secured said licen'se'' as provided for herein. (b), Any 1. Bens granted -:::under. -this Ordinance shall, be'subject to revocation by. th© 0ity1-Commission of - the'' City' of' _ Beaumont `.af ter dii"e, notice , -to the holder, of such license 4 arid, hearing' 'thereon upon proof of .the violation of an of the 3� ' provisions of this Qrdinan.ce,. Section' J= (a); Tach licentsee- hereunder shall keep a, complete . set: .of Yoco.rds .showing a list: ciP loans mads, giving the name and address of the borrower or' borrowere, -the 'amount of cash . actually, lent Nand the. amount ot`. principal, and 'interest the borrower agreed to pays whether such. transaction was an, " :original lending or a,. renewal ,'of an -existing loans the ; amount ;of. money., paid to the.- IXcensee 'by . the, borrower, and how '. . such, payment, 'was- credited; that _such books and records shall „ at -all' reasonable -times during.. business hours be 'subject .to 3nepe'ction by..the ' City Manager' of 'the- City of Beaumont and his duly authors zed. agents. It shall. -be unlawful for any licensee hereunder, his agents, servants: or employees, to cormunicate with-. the employer of any bbrrower,relating'to.any loan.made by the licensee to the borrower. with intent_t6, to. harass "or- annoy `the employer.of the borrower. "- Section ',7.: (Q) 'Any: 'persori as defined in. this Ordinance Who shall :violate any of the-provisl0n' S of this Ordinance shall be deemed guilty of -,a inisdem.eanor, and. upon. conviction. ' thereof shall be fined in any" aum riot .Two H=dred-($200,00) Dollars; and. each day -any business is operated without.a.license as".herein provided for shall be considered -,-a separate offense.' c, i�-L ►5 (b) Any.'person-who shall aid, abet �or . assist, in the violatioiz .of: -arty. provision . of this Ordinance shall ,be r deemed guilty of 'a misdemeanor and upon, conviction. shall be fined not tobxcoed Tv -,o Hundred . (020000) Dollars::. . Section ,8I, This Ordinance shall -not apply, tb :any person; , eo. partnersh:lp, 'asso.ciation or, corporation `doing business., under.' mid.. -as permit'teciy the_laws, of this State or the' United States; relating to batiks,, savings banks, trust eo:�apanies, .building and' loan ' co_;paniq�SL. Zlorris Plan Banks, licensed credit unions,_licensed rural" credit unions,! a-gricultura-1 and ,live, stock pools and farm,eral cooperative . - - .'.societies'.: -'. - •' - - :,'Section, 9oo if any section; sub- seetion, ; sexitence, clause;, - phrase -or -part of this Ordinance- s-.,for`any reason held to be unconstitutional, • void `or invalid, the validity' of ' the remaining - portion, of this' 6:rdina.nce shall' not be - af fee ted thereby, it being. the intent , of the City Commission in .adopting, and of the . !ayor' in approving this Ordinance . tha.t no portion h.ereof, or 'provisions' or , regulation,00ntained herein,, shall'bedome inoperative.©r fail by rens.on of any unconstitutionality or invalidity of any section, sub-oe.ctiori, sentence, clause., phrase, portion,, provision. 'or :r'e€;u] a.t16n of this" Ordinancee Section 10. Any, ordiriance. iheonsi" ya-nt with any' of -.the • terms' and provisidna of, thin Ordinance. is hereby ,repealed, -pro- vided , however; •that such. repeal shall be only :t'o - the' extent -of ' +such incorisisten.cv, and in a.11. other respects this .drdinance shall. be cumulative of other ordinances ,regulating and..,governing the subject matter covered by No Text