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§ 2314. Conditions for licensing

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: August 16, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 37. Check Casher Licensing Act (Refs & Annos)
Chapter 3. Licensing Provisions
Effective: August 16, 2016
63 P.S. § 2314
§ 2314. Conditions for licensing
Currentness
(a) Conditions for license.--
(1) Except as provided in subsection (b), if the department finds that the financial responsibility, experience, character and general fitness of the applicant warrants the conclusion that the business will be operated honestly and fairly within the purpose of the act, the department shall issue a check-casher license in accordance with this act.
(2) A license shall be issued for the business location specified in the application only and for mobile units to the site or sites specified.
(3) Check cashers shall post a notice of exact fees and charges, which shall be within the maximum prescribed in this act. The notice shall be posted in plain view and in a location readily apparent to a consumer transacting business at each business location or site specified in the application.
(b) New location or new licensees.--For all new locations or new licensees, to determine the financial responsibility, experience, character and general fitness of the applicant pursuant to subsection (a), the department shall consider public comment. The procedure for public comment shall be as follows:
(1) The applicant shall publish notice, within ten days after being notified by the department, that the application is completed. Notice shall be published in a newspaper having general circulation in the community in which the applicant intends to locate.
(2) The applicant shall transmit to the department a copy of the notice and the publisher's affidavit of publication.
(3) Upon publication, the application and all related communications may be inspected in the department during working hours. The department may refuse to disclose information that it deems confidential. The department shall not be liable for disclosure of information deemed confidential by the applicant.
(4) Within 30 days of the date of publication of notice, any person may file a notice in protest or in favor of the application by submitting two copies to the department.
(5) The applicant may request a copy of the notice and may file an answer to any protest within ten days from the last date for filing a notice under paragraph (4) by submitting two copies to the department.
(6) The department shall consider all such public comment in its evaluation of the application.
(c) Factors affecting licensing.--Prior to the granting of a license, the department shall consider the following factors:
(1) For purposes of the initial application only, whether the applicant has been engaged in the check-cashing business at the location specified in the application for a period of at least one year prior to the effective date of this act.
(2) Whether the applicant has made a substantial legal or financial commitment, in the form of a lease, option to lease or purchase of property covering the location to be licensed prior to the effective date of this act.
(3) Whether the applicant is operating in compliance with all local zoning laws and laws pertaining to the operation of a business in this Commonwealth.
(4) Whether the applicant has sufficient business experience to qualify the applicant to act or operate as a check casher.
(d) Number of licenses.--One license shall be issued for each place of business or mobile unit. More than one license may be issued to the same licensee upon compliance with this act for each location or mobile unit.
(e) Felony conviction.--The department may decline to issue a license if it finds that the applicant has been convicted of or pled guilty or nolo contendere to a felony which would warrant such a denial. The department shall consider the year of the conviction, the nature of the offense and the potential impact on the check-cashing business or the community prior to declining to issue a license pursuant to this subsection. The department shall make specific written findings regarding its decision to deny within 30 days of the denial.
(f) Information on license.--The license issued under this section shall state:
(1) The name and specific address of the licensee.
(2) The name and specific address of the business and the location of any mobile unit.
(3) Any other information deemed necessary by the department.
(g) License not transferable.--The license shall not be transferable or assignable. Ownership shall not be changed under the existing license.
(h) Posting.--The license shall be conspicuously posted in the place of business of the licensee or, in the case of a mobile unit, upon a window of the mobile unit.
(i) Effect of license.--The license shall remain in full force and effect until it expires, is surrendered by the licensee or is revoked or suspended as provided in this act.

Credits

1998, Feb. 18, P.L. 146, No. 22, § 304, effective in 60 days. Amended 2016, June 17, P.L. 339, No. 45, § 2, effective in 60 days [Aug. 16, 2016].
63 P.S. § 2314, PA ST 63 P.S. § 2314
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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