San Jose Municipal Code Part 12.5 Payday Lending Establishments

A. No person shall operate or suffer or allow the operation of a payday lending establishment until such time as a zoning code verification certificate has been duly applied for and issued by the director pursuant to the provisions of Chapter 20.100 of this title applicable to zoning code verification certificates, which zoning code verification certificate confirms full conformance of a proposed payday lending establishment with all of the applicable locational siting and licensing requirements of this title. The application for such zoning code verification certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100 applicable to zoning code verification certificates.

B. A person intending to commence operation of a payday lending establishment at the same location occupied or previously occupied by a legally operating payday lending establishment may be issued a zoning code verification certificate without full conformance with the locational siting requirements of this title, so long as the prior payday lending establishment use has not been discontinued or abandoned for a period of six months or more.

(Ord. 29089.)

The location and operation of payday lending establishments 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 payday lending establishment under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies. Anyone operating or allowing or suffering the operation of a payday lending establishment shall comply with, or shall cause the compliance 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 payday lending establishment under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies.

A. At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located within a census tract identified by the most recently available census data from the U.S. census bureau's American Community Survey as having a median household income below that defined by the U.S. department of housing and urban development as "very low income" for a two-person household ("very low income census tract") or closer than a minimum of one thousand three hundred twenty feet from the boundary of a very low income census tract, measured from the parcel line of the parcel on which the payday lending establishment is located.

B. At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located on a parcel of real property that is closer than a minimum of one thousand three hundred twenty feet from any parcel on which another payday lending establishment is located, measured from the closest parcel lines of the respective parcels.

C. A payday lending establishment shall hold, maintain and be in compliance with a valid license issued by the State of California under the California Deferred Deposit Transaction Law, as amended from time to time.

(Ord. 29089.)

No more than a maximum of thirty-nine payday lending establishments shall be sited in the city.

(Ord. 29089.)