| (iv) the scale at which the map was constructed.
(D) Survey. The commissioner may require a survey to
determine the distance from the proposed pawnshop location to existing
operating pawnshops.
(E) Zoning. Each applicant must file a certificate
of occupancy or other evidence that the operation of a pawnshop is
permitted at the proposed site.
(F) Lease agreement or proof of ownership. Each applicant
must file an executed lease agreement, deed, or other evidence that
the entity has control of the proposed site.
(G) Proof of general liability and fire insurance.
Each applicant must file proof of insurance as required by §85.403
of this title (relating to Insurance). The policy must explicitly
cover loss of pledged goods.
(H) Bond. The commissioner may require a bond under
Texas Pawnshop Act, §371.056, when the commissioner finds that
this would serve the public interest. When a bond is required, the
commissioner will give written notice to the applicant. Should a bond
not be submitted within 40 calendar days of the date of the commissioner's
notice, any pending application may be denied.
(I) Pawnshop employee license program. At the time
of the application, the applicant may provide a written notification
to participate in the pawnshop employee license program.
(b) Subsequent applications. If the applicant is currently
licensed and filing an application for a new location, the applicant
must provide the information that is unique to the new location including
the application for license, disclosure questions, owners and principal
parties, a new financial statement, a map of the area where the proposed
license will be situated as provided in subsection (a)(2)(C) of this
section, a certificate of occupancy or other evidence that the operation
of a pawnshop is permitted at the proposed site, a lease agreement
or proof of ownership, and proof of general liability and fire insurance
as provided in subsection (a)(2)(G) of this section. Other information
required by this section need not be filed if the information on file
with the OCCC is current and valid.
(c) Distances will be measured in a direct line despite
travel patterns and natural or manmade obstacles and will be measured
from front door to front door. The commissioner may require a survey
to determine distances from the proposed pawnshop location to existing
operating pawnshops. In examining the distance requirements of a proposed
pawnshop, the existence or location of an inactive license will not
be considered in the determination of the distance requirements. An
application for a new license may not be approved unless the eligibility
requirements are met and the proposed facility is within:
(1) a county with a population of less than 250,000
according to the most recent decennial census regardless of distance
from another operating pawnshop;
(2) a county with a population of 250,000 or more according
to the most recent decennial census and the pawnshop is not less than
two miles from another operating pawnshop.
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| Source Note: The provisions of this §85.202 adopted to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392; amended to be effective January 1, 2017, 41 TexReg 8815; amended to be effective February 1, 2019, 43 TexReg 8584; amended to be effective October 1, 2019, 44 TexReg 4719; amended to be effective October 1, 2022, 47 TexReg 5333 |
