Section 85.203 - Relocation(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 § RSA 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.7 Tex. Admin. Code § 85.203
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 3397; Amended by Texas Register, Volume 43, Number 52, December 28, 2018, TexReg 8587, eff. 2/1/2019