§ 15-2715. CHECK CASHING BUSINESSES, PAYDAY LENDERS, AND SIMILAR FINANCIAL SERVICES.

This section pertains to check cashing businesses, payday lenders (also known as Deferred Deposit Originators), auto-title lenders, consumer loan financers, and similar financial services, hereafter referred to as Check Cashers. This section and the regulations herein do not apply to State and federally chartered banks, savings associations, credit unions, or industrial loan companies.

A.

Applicability. The standards of this section apply to new establishments and existing establishments where there is a 20 percent or greater expansion in serviceable floor area. For the purposes of this section, an establishment is considered new when no previous Check Casher existed at that location for a period of 90 days or greater.

B.

Discontinuance and Termination. Any Check Casher, whether existing or subsequently granted under this section, that voluntarily discontinues active operation for more than 90 consecutive days; does not maintain a valid City business license for more than 90 consecutive days; or ceases to be licensed by the State of California or the Department of Justice, shall be considered a termination of the use and all privileges and rights held therein.

1.

Notification of Termination. The Director shall notify the licensee of the termination of the use and shall inform the licensee of their right to appeal the decision. The process used in Section 15-5016, Revocation of Permits, shall apply. For existing establishments that originally did not need a special permit to lawfully operate, the same revocation process shall apply except that it shall be for a revocation of rights for use as a Check Casher instead of a revocation of rights granted under a special permit.

C.

Compliance.

1.

Check Cashers shall be subject to and shall comply with all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a Check Casher under or pursuant to other provisions of the Fresno Municipal Code or any other applicable federal, State, or local laws regulations, or policies.

2.

Check Cashers shall hold, maintain, and be in compliance with all applicable valid licenses and permits issued by the State of California and the Department of Justice.

3.

Check Cashers shall hold, maintain and be in compliance with a Business License issued pursuant to Section 7-1001 through 7-1301 of the Fresno Municipal Code.

D.

A copy of all applicable licenses and permits shall be provided at the time of application submittal.

E.

Location. In addition to the Use Regulations as put forth for the base and overlay districts, locations in which Check Cashers are permitted shall also be subject to the following restrictions:

1.

May not be located within a Census Tract where, according to the latest available Census data, half of all households have a median household income of less than 80 percent of the county's median household income.

2.

May not be located within 1,320 feet of any parcel on which an existing Check Casher is located or on which a conditional use permit for a Check Casher has been approved and the permit remains valid.

3.

May not be located within 500 feet of the following:

a.

A Residential District.

b.

A State or federally chartered bank, savings association, credit union, or industrial loan company.

c.

Schools, public or private.

d.

Off-site alcohol sales (excluding stores 10,000 square feet or greater).

e.

Existing or planned Bus Rapid Transit station.

F.

Lighting. Exterior lighting of the premises shall be provided at a level sufficient to recognize the features of persons at any point on the property.

G.

Litter and Graffiti.

1.

The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

2.

The owner or operator shall remove graffiti within 48 hours.

H.

Pay Phones and Vending Machines. External pay phones and vending machines are permitted if located within 10 feet of the main entrance. Pay Phones shall comply with Section 15-2746, Pay Phones.

I.

Video Surveillance. Check Cashers must equip a fully functional color digital video camera system.

1.

The system must continuously record, store, be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

2.

The system shall have the correct date and time stamped onto the image at all times.

3.

The camera storage capacity should be for at least two weeks (14 calendar days). Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other means.

4.

If utilizing a digital video recorder, it must be capable of storing at least 14 days of real-time activities.

5.

The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Fresno Police Department within 24 hours of the initial request relating to a criminal investigation only.

6.

The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.

7.

There shall be four exterior cameras placed so as to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot.

8.

All interior cameras shall record in color.

9.

All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

J.

Signage.

1.

All advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the outlets, including counter/cashier area, from exterior public sidewalks, parking lots, or entrance to the outlets.

(Added Ord. 2015-39, § 1, eff. 1-9-16).