(a) Definition. As used in §371.059 of the Texas
Pawnshop Act and in this section, the "relocation of a licensed pawnshop"
means:
(1) the act of moving an existing licensed operating
pawnshop from its existing location to a new location;
(2) the activation of an inactive license for purposes
of establishing and operating a pawnshop at a facility.
(b) Approval of relocation. A pawnshop may not be relocated
without the prior approval of the commissioner. An application for
relocation must be filed as prescribed by this section before a pawnshop
may begin operation at a new location.
(c) Filing requirements. An application for relocation
must be submitted in a format prescribed by the OCCC at the date of
filing and in accordance with the OCCC's instructions. The OCCC may
accept the use of prescribed alternative formats in order to accept
approved electronic submissions. The application for relocation must
include the following:
(1) Application for relocation.
(2) Financial statement and supporting financial information.
If the license requested for relocation includes the activation of
a license that is inactive at the date of the request for relocation,
a new financial statement is required. The instructions in §85.202
of this title (relating to Filing of New Application) are applicable
to this filing.
(3) Other required filings.
(A) Map. Each applicant must provide a map that shows
the following:
(i) the area where the proposed license will be situated;
(ii) the site of the proposed pawnshop;
(iii) the location, including the name and address,
of each pawnshop within three miles of the site of the proposed pawnshop
location; and
(iv) the scale at which the map was constructed.
(B) Survey. The commissioner may require a survey to
determine the distance from the proposed pawnshop location to existing
operating pawnshops.
(C) Zoning. Each applicant must file a certificate
of occupancy or other evidence that the operation of a pawnshop is
permitted at the proposed site.
(D) 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.
(E) Proof of general liability and fire insurance.
If the license requested for relocation includes the activation of
a license that is inactive at the date of the request for relocation,
the 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.
(d) Engaging in business. An applicant may not advertise
the opening of a relocated pawnshop prior to approval, except that
a pawnbroker who intends to relocate a pawnshop may, beginning 90
days or less prior to the projected date of relocation, post a sign
inside the existing shop and give customers a written notice of the
anticipated relocation pursuant to subsection (e) of this section.
(e) Notice to customer. A written notice of relocation
must be given to each pledgor whose pledged goods will be moved. Five
days prior to relocation the pawnbroker must mail written notices
to each pledgor who has not been given a written notice prior to that
date. A notice must identify the pawnshop, both the old and the new
locations, the telephone number of the new location, and the date
the relocation is effective. The commissioner may modify the notification
requirement if the relocation adversely affects pledgors. The modification
may require the pawnbroker to extend the maturity date of pawn transactions
or waive the collection of pawn service charges which may accrue after
relocation. No relocation may be made which will adversely affect
pledgors to the extent that redemption is unreasonable or impossible
due to the distance between the locations. The commissioner may approve
notification by signs in lieu of notification by mail if no pledgors
will be adversely affected. When a relocation also involves a transfer
of ownership, the buyer may agree to assume responsibility for compliance
with this subsection.
(f) Relocation distances. 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 relocation may not be
approved unless the eligibility requirements are met.
(1) If the proposed facility is within a county with
a population of less than 250,000 according to the most recent decennial
census, there is no distance requirement from another operating pawnshop;
(2) If the proposed facility is within a county with
a population of 250,000 or more according to the most recent decennial
census and:
(A) if the pawnshop was licensed and was not operating,
it may locate not less than one mile from an operating pawnshop;
(B) if the pawnshop has been operating continuously
at its current location for at least three years, it may locate within
one mile of its current location regardless of distance from another
operating pawnshop;
(C) if the pawnshop has been in operation, it may locate
not less than one mile from an operating pawnshop.
(g) Pawn transactions. If the pawnbroker is only transferring
pawn transactions from one licensed location to another licensed location,
the pawnbroker must comply with subsection (e) of this section and
provide, if requested, a list of pawn transactions transferred. This
list of transferred pawn transactions must include the pawn ticket
number and the full name of the pledgor.
|
Source Note: The provisions of this §85.203 adopted to be effective September 5, 1999, 24 TexReg 6714; amended to be effective September 19, 2005, 30 TexReg 5335; amended to be effective March 15, 2007, 32 TexReg 1232; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392; amended to be effective February 1, 2019, 43 TexReg 8584 |