§ 22.305. Licenses.

(a)

No secondhand dealer may engage in business as a title loan lender 3 months after the effective date of this article unless the secondhand dealer has a valid license issued by Okeechobee County. A separate license will be required for each physical location of title loan business. The division shall issue more than one license to an applicant if that applicant complies with the requirements of this section for each license.

(b)

An application for a license pursuant to this section must be submitted to the division on such form as the division may prescribe. If the division determines that an application should be granted, it shall issue the license for a period not to exceed two years. A non-refundable application and license fee not exceeding $500.00 shall accompany an initial application for each title loan location.

(c)

The division shall charge a biennial renewal fee of $500.00. A license that is not renewed at the end of each two-year period shall automatically become inactive. An inactive license may be reactivated within 90 days after the date it became inactive upon a submission of a completed reactivation form and payment of a reactivation fee not exceeding $200.00 and a biennial license fee of $500.00. No inactive license may be reactivated after 90 days.

(d)

Each license must specify the location for which it is issued and must be conspicuously displayed at that location. When a licensee wishes to move a title loan office to another location the licensee shall give 30 days prior written notice to the division by certified or registered mail, return receipt requested, and the division shall then amend the license accordingly. A license issued pursuant to this section is not transferable or assignable.

(e)

Books, accounts and records; maintenance and examinations by the division.

(1)

Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records, and documents necessary to determine the licensee's compliance with this section.

(2)

The division may authorize maintenance of records at a location other than a principal place of business. The division may require books and records to be produced and available at a reasonable and convenient location within Okeechobee County.

(3)

All books, accounts, records, documents and receipts for expenses paid by the licensee on behalf of the borrower, including each contract signed by the borrower and expenses incurred by the licensee in event of foreclosure and property recovery, will be preserved and kept available for examination by the division for two years after the date of original entry.

(4)

The division may prescribe by rule the minimum information to be shown in the books, accounts, records, and documents of licensees so that such records will enable the department to determine the licensee's compliance with this section.

(f)

Each licensee shall designate and maintain an agent in this state for service of process.

(g)

A licensee must apply to the division for a new license upon a change in ownership of 25 percent or more by a natural-person in any title loan location or office. No application for a license or an application for transfer of an existing license is required for any change directly, or beneficially, in the ownership of a title loan location if one or more of the holders of at least 75 percent of the outstanding equity interest in the title loan location or office before the change in ownership continue to hold at least 75 percent of the outstanding equity interest in the title loan location or office after the change in ownership.

(h)

To be eligible for a title loan lending license, an applicant shall:

(1)

Not have been convicted of a felony within the last ten years or be acting in behalf of a beneficial owner who has been convicted of a felony within the last ten years.

(2)

Not have been convicted, and not acting in behalf of a beneficial owner who has been convicted, of a crime that the division finds directly related to the duties and responsibilities of a title loan lender within the past ten years.

(i)

The division shall determine the form of the license.

(j)

No part of this article may be construed to impair of affect the obligation of any title loan agreement which was lawfully entered into prior to the effective date of this article.

(k)

Licensees shall report changes in address, location of records, and any change of an executive officer within 30 days of the change,

(Ord. No. 99-07, § 1, 8-12-99)