1-15-19-4: LICENSE REQUIRED:

   A.   It shall be unlawful for any person, firm, partnership or corporation to engage in the business of a precious metal dealer unless a valid license therefor has been issued as herein provided and said license is in full force and effect.

   B.   Application for such license shall be made to the City Clerk in such form and manner as he or she may prescribe. An applicant shall be required to be fingerprinted by an appropriate agency to be designated by the City Clerk on a biennial basis. The cost of taking and processing such fingerprints shall be borne by the applicant. The City Clerk is authorized to perform or request criminal history checks of any applicant including a national background check by the Federal Bureau of Investigation. Pursuant to Idaho Code section 67-3008 the City Clerk may forward an applicant's fingerprints through the Idaho State Police to the Federal Bureau of Investigation Identification Division for a national background check. Unless otherwise provided for by law, criminal history records shall not be disseminated to a private entity. Such application shall include, but not necessarily be limited to, the following information:

      1.   The name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, and the name of the operating manager of the business;

      2.   Whether the applicant has had a similar license revoked by the City of Middleton or any other city of this State or of the United States or any state of the United States within the past five (5) years;

      3.   Whether the applicant has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor.

   C.   Upon receipt of an application for a license, the City Clerk shall cause an investigation to be made of the applicant or applicants to include itinerant dealers. Such investigation shall be completed within thirty (30) days. A provisional license may be issued pending completion of the required investigation.

   D.   A provisional license may be issued pending completion of the required investigation.

   E.   No person shall be issued a license to engage in the business of a precious metal dealer when that person:

      1.   Is under the age of eighteen (18) years;

      2.   Is not the bona fide owner of such business;

      3.   Has had a similar license revoked by this City or any other city of this State or of the United States or any other state of the United States within the five (5) years immediately preceding the date of the filing of the application;

      4.   Has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application;

      5.   Has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application; or

      6.   Has engaged in a fraudulent transaction or enterprise.

An affirmative showing with respect to the qualifications herein specified shall be required to be made with respect to each applicant and to each partner of a partnership applicant and to each officer, director or member of the governing board of a corporation or association.

   F.   Upon completion of the investigation, the City Clerk shall notify the applicant whether his license request is approved and upon payment of the prescribed license fee shall issue a license. Such license shall show the name and address of said licensee, the amount of fee paid, the date of issuance and the date of expiration.

   G.   The City Clerk shall notify the applicant if his license request is disapproved, the reasons therefor and advise him of the appeal procedure.

   H.   Licenses shall not be transferable, either as to person or place. The license issued hereunder shall be posted conspicuously in each place of business named therein. (Ord. 587, 1-18-2017; amd. Ord. 609, 7-3-2018)