Madison, WI Header
File #: 21500    Version: 1 Name: Auto Title Loan Business
Type: Ordinance Status: Passed
File created: 2/22/2011 In control: PLAN COMMISSION
On agenda: 3/29/2011 Final action: 3/29/2011
Enactment date: 4/7/2011 Enactment #: ORD-11-00055
Title: Amending Sec. 28.03(2) of the Madison General Ordinances to change the definition of auto title loan business.
Sponsors: Julia S. Kerr
Fiscal Note
No noteworthy fiscal impact is anticipated.
Title
Amending Sec. 28.03(2) of the Madison General Ordinances to change the definition of auto title loan business.
Body
DRAFTER'S ANALYSIS:  Following legislation prohibiting auto title loan businesses in Wisconsin, auto title loan companies have changed the details of the product they offer so that licensing under Wis. Stat. § 138.09, is not required and the prohibition does not attach.  City zoning ordinances currently restrict how close to another auto title loan business or a payday loan business an auto title loan business can locate.  City ordinances also define an auto title loan business as one licensed under Wis. Stat. § 138.09.  In order to maintain this distance requirement, the reference to Wis. Stat. § 138.09 must be removed.  At least one auto title loan business already has located by using this strategy to avoid the provisions in Wis. Stat. § 138.09 and our ordinances.
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The Common Council of the City of Madison do hereby ordain as follows:
      Subsection (2) entitled "Definitions" of Section 28.03 entitled "Rules and Definitions" of the Madison General Ordinances is amended by amending herein the following:
"Auto Title Loan Business.  An auto title loan business is any person licensed pursuant to Wis. Stat. sec. 139.09, who makes a loan that is secured by an interest, other than a purchase money security interest, in the borrower's motor vehicle."