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ORD 12-16£kethfeughs to be removed Underlines to be added • ORDINANCE 12- 1 r, CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 38 ARTICLE VII, PAWNBROKERS., OF THE ELK RIVER, MINNESOTA, CITY CODE The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 38-291 of the City of Elk River Code of Ordinances shall be amended to add or amend the following definitions: Acceptable Identffiation means a valid Minnesota driver's license, a current valid Minnesota identification card or a current valid photo identification card issued by another state or province of Canada. Billable Transaction means every reportable transaction conducted by a pawnbroker except renewals. redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession. Chief of Police means the Chief of Police of the City of Elk River or their designee. Licensee means the person, corporation partnershia or other form of organization to whom a license • is issued under this article, including any agents or employees of the person, corporation, partnership, or other form of organization. Uortable Transaction means every transaction conducted by a pawnbroker in which merchandise is received through a pawn purchase, consignment or trade or in which a pawn is renewed, extended. redeemed, or voided. except: (1) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business. and the retail sale of said merchandise. provided the pawnbroker must maintain a record of such purchase or consignment which describes each item and must mark each item in a number which relates it to that transaction record. (2) Retail and wholesale sales of merchandise originally received by pawn or purchase. and for which all applicable hold and /or redemption periods have expired. Section 2. That Section 38 -292 of the City of Elk River Code of Ordinances shall be amended to add the following paragraph at the end thereof To help the police department better regulate current and future pawn businesses decrease and stabilize costs associated with the regulation of the pawn industry and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this article also implements and establishes the required use of the Automated Pawn System (APS). • Section 3. That Section 38 -294 of the City of Elk River Code of Ordinances, entitled - Restrictions on Pawning or Selling Property, shall be amended such that subsections (c) (e) (fl and (g) read as n: \public bodies \city counci1\ordinances \2012 \pawn broker.doc follows: (c) No person may pawn, pledge, sell, leave, or deposit any article of property with any licensee • without first having presented Ft va1id photo diiver's by the swe of resideftey of the person acceptable identification. (e) For the purpose of this section, the term "adequate signage" shall be deemed to mean at least one sign, of not less than four square feet in surface area, composed of lettering of not less fiet than three - quarters inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS. YOU MUST PRESENT VALID PHOTO IDENTIFICATION. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. For the pumose of this section the term "separate written notice" shall be deemed to mean either the receipt. or a printed form incorporating a statement to the effect that the person pawning pledging. selling, leaving, or depositing the article is at least 18 years of age, is the true owner of the article, and that the article is free of all claims and liens: which is acknowledged by way of signature of the person pawningpledgiM selling, leavingor depositing the article. W No person seeking to pawn. pledge, leave, or deposit any article of property with any licensee shall give a false or fictitious name, nor give a false date of birth, nor give a false or out -of -date address of residence or telephone number, nor present a false form of acceptable identification. Section 4. That Section 38 -312 of the City of Elk River Code of Ordinances, entitled - Application, • shall be amended such that subsections (c)(8), (d)(4) and (e)(5) read as follows: (8) The name, address and home phone number of the manager or proprietor of the business. Any time the business changes managers or proprietors, the business shall notify the City, in writing, of the change and provide the name, address and home phone number of the incoming manager or proprietor. (4) The name, address and home phone number of the manager or proprietor of the business. Any time the business changes managers or proprietors, the business shall notify the City. in writing, of the change and provide the name, address and home phone number of the incoming manager or proprietor. (5) The name, address and home phone number of the manager or proprietor of the business. Any time the business changes managers or proprietors, the business shall notify the City, in writing, of the change and provide the name, address and home phone number of the incoming manager orproprietor. Section 5. That Section 38 -315 of the City of Elk River Code of Ordinances, entitled - Fees, shall be amended to read as follows: lieense fees, shall be deteffnifted by resolution. (a) Initial application and background investigation fees for pawnbroker's licenses shall be determined by council ordinance. • s: \document \ordinance \oa97 -1. doe (b) The annual license fees for licenses issued under this article shall be set by council ordinance. • (c) The billable transaction fee shall reflect the cost of processing transactions and other related regulatory expenses as determined by the city council, and shall be reviewed and adjuste& if necessary by council ordinance. Licensees shall be notified in writing 30 days before any adjustment is implemented. 4 Billable transaction fees shall be billed monthly and are due and payable within 30 days. Failure to do so is a violation of this article. Section 6. That Section 38 -320 of the City of Elk River Code of Ordinances, entitled Number of Licenses, shall be amended to read as follows: No more than wee two pawnbroker's licenses shall be issued by the city at any time, and priority shall be given to qualified applicants for renewal of existing licenses. Section 7. That Section 38 -322 of the City of Elk River Code of Ordinances, entitled Denial, Suspension, or Revocation, shall be amended to add new subsection (g) as follows: W Any fees paid to the City for a license will be forfeited to the City upon denial, suspension, or revocation of the license. Section 8. That Section 38 -342 of the City of Elk River Code of Ordinances, entitled - Records, shall be amended such that subsections (a)(5), (a)(6), (a)(7), and (a)(8) read as follows: (5) The identification number and state of issue of the acceptable identification from a valid card issued by the state of residency of the person • from whom the article was received. The signature of the person identified in the transaction. (7) The name and unique identifier of the licensee or employee that conducted the transaction. (8 ) The pawnbroker shall take a color photograph or color video recording of each item pawned or sold that does not have a unique serial number or identification number pennanendy engraved or affixed. Section 9. That Section 38 -343 of the City of Elk River's Code of Ordinances, entitled - Receipts, shall be amended to read as follows: Every licensee shall deliver to the party identified in every reportable transaction perseH pledg4tg; selliftg, leaviitg ar dep eleti a receipt numbered to correspond with the licensee's records. The receipt shall contain the substance of the transaction and the signature of the person from whom the item was received. The receipt shall be in duplicate form, with one copy to be retained by the licensee for three years. All pawn tickets shall also contain the statements required under Minn. Stats. § 325J.04, subd. 2. Section 10. That Section 38 -344 of the City of Elk River Code of Ordinances, entitled - Daily Reports To Police, shall be amended to read as follows: Haeh lieeftsee shall prepare and deliver to the ehief of pahee, by 12!00 fteatt the fir9t busiftess dfty is s: \document \ordinance \oa97 -l.doc -- - -- - - - -- - -- - -- - (a) Pawnbrokers must provide to the police department the information required in this Article for all reportable transactions. The 12awnbroker must display a sign of sufficient size, and in a conspicuous place on the premises. so as to inform all patrons that transactions are reported to the police department on a daily basis. Pawnbrokers must submit every reportable transaction to the police department daily as follows: (1) Pawnbrokers must provide to the police department the information as required in the Article. for all reportable transactions, by transferring it from their computer to the police department via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the police department. ,(2) If a pawnbroker who has consistently reported via modem is unable to successfully transfer the required reports by modem, the pawnbroker must provide the police department with printed copies of all reportable transactions for that day by 12:00 noon the next business day- in writing- on forms approved by the police department. All records required by this Article shall be kept at the licensee's place of business for three (3) years and shall be available for inspection by the police chief at any reasonable time. (b) Every awnbroker shall make available to the police department, by uploading reportable • transactions from their electronic record system to the automated pawn system- using the most current version of the Minneapolis APS Interchange Files Specification, all of the records required by this Article for all reportable transactions which occurred that day, at the close of each business day. Section 11. That Section 38 -349 of the City of Elk River Code of Ordinances, entitled - Examination of Identification of Persons Pawning or Selling Property, shall be amended to read as follows: No licensee shall purchase, accept, or receive any article of property from any person without first having examined the form of acceptable identification presented by the person. Section 12. That Section 38 -351 of the City of Elk River Code of Ordinances, entitled - Holding Period, shall be amended to read as follows: Any item sold or pawned to a pawnbroker for which a report to the police is required shall not be sold or otherwise transferred for 30 60 days after the date of the sale or pawn. However, an individual may redeem an item pawned 72 hours after the item was received on deposit by the pawnbroker, excluding Sundays and legal holidays. During the 30 60 -day holding period, licensees are prohibited from allowing redemption of any article of property by anyone other than: (1) The person to whom the receipt was issued; (2) Any person identified in a written and notarized authorization to redeem the article of property identified in the receipt; • s:\document\ordinance\oa97-l.doc (3) A person identified in writing by the pledgor at the time of the initial transaction, which authorization shall be signed by the pledgor; or (4) A person who has the approval of the chief of police. Written authorization for release of articles of property to persons other than the original pledgor must be maintained along with the original transaction record. Section 13. That Section 38 -357 of the City of Elk River Code of Ordinances, entitled - Manner of Payment to Pledgors, shall be amended to read as follows: Payment of more than $100.00 five hundred dollars ($500.00) by any licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. Section 14. That Section 38 -358 of the City of Elk River Code of Ordinances, entitled Miscellaneous Prohibited Acts by Licensees and Employees, shall be amended by replacing subsection (10) thereof to read as follows: A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not: (10) R-etneve pledged goods from the pffwnshap prewsises or adier stai-age plitee approved by- the eity fft ftny tii-ne befere earedeemed, pledged goods are sold perseftfit to seetieft 38 355 (10) Remove pledged goods from the pawnshop premises or other storage 121ace by a municipality at any before the expiration of the redemption period pursuant to section 38- • 355 However,QilT pawnbroker, is permitted to return pledge goods to the borrower at any time during the redemption period. (iil as pawnbroker is Permitted to sell the pledged goods or remove the pledged goods from the pawnshop premises or other storage at any time after the expiration of the redemption period set forth in section 38 -355 and (iiil a pawnbroker who purchases goods not involving a pawn transaction is permitted to sell or remove the purchased goods from the pawnshop premises or other storage 31 days or later from the purchase transaction date. Section 15. That the City of Elk River Code of Ordinances shall be amended to add new section 38- 359 entitled — Sale of Firearms by Pawnbrokers, which shall read as follows: A pawnbroker holding for sale a firearm or other dangerous weapon shall comply with all state and federal regulations. Section 16. That the City of Elk River Code of Ordinances shall be amended to add new Section 38- 360 entitled Penalty, which shall read as follows: Violations of any provisions of this article shall be a misdemeanor. • Section 17. That this ordinance shall take effect upon adoption and shall be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 1 Srh day of October , 2012. s: \document \ordinance \oa97 - Ldoc J# J. Di tz, Ma r • ATTEST: Tina Allard, 1 erk • • s: \document \ordinance \oa97 -l.doc RESOLUTION 12 -67 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 512 -16 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER $8 ARTICLE VII, PAW$BROKERS, OF THE CITY OF ELK RIVER MINNESOTA, CITY CODE WHEREAS,on October 15, 2012 the Elk River City Coun- cil adopted Ordinance 12 -16 amending various sections of Chapter 38, of the Elk River Code of Ordinances; and WHEREAS,the changes made to Chapter• 38, include: •Changes to the definitions WHEREAS, a copy of the full section; •Language compelling the text of the ordinance is avail - able for inspection by any per - pawnbroker to utilize the son at the office of the Elk ,Automated Pawn System (APS)' River City Clerk, 13065 Orono Parkway, during regular busi- ness hours - 8:00 a.m. to 4:30 restrictions related to pawning or selling property; p.m., Monday through Friday; •Language clarifying the and NOW, THEREFORE, BE IT requirements of the license application; RESOLVED, that the City • age, which relates to Council, by at least four - fifths vote, authorizes the publica- tion of the title and summary of 4 12 -16 and that #" Ordinance 12 -16 shall become effective upon publication of tltt fslrfeits any this resolution. Passed and adopted this 15th fees to a city ifa pawtibmihv, license is suspended, denied, or day of October 2012. revoked; John J. Dietz, Mayor •Requirements for the collec- ATTEST: tion of information by the Tina Allard, pawnbroker from the person City Clerk selling, or pawning an item; (020) *Language that explains what is required on the pawn receipt; •Language relating to the reporting requirements to the police department; •Clarification in the wording of how a pawnbroker identifies a person pawning or selling an item; *Adds time to the holding period of an item; •Language that requires any payment by wnbroker over five hund;a`lElars to be made in a mew than cash; •Lange p regulating the storage. 'of items and the removal from the premises of the pawnshop; •Language that compels the pawnbroker to adhere to all state and federal regulations —when holding for sale any fire - rm or dangerous weapon; and •Language that makes any violation of this chapter a mis- demeanor. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OFSHERBURNE SS Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all of the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 20th day of October, 2012, and was therefore printed and published on every Saturday to and including Saturday, the 20th day of October, 2012. Office Manager Subscribed and sworn to before me on this 20th day of October, 2012 1a"_ SHELLY RAE WESTOVER iv NOTARY PUBLIC MINNESOTA Notary Public °pia Nly Commission Expires Jan. 31, 2015 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 21.00 (line, word or inch rate) $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate) the City, to pay the coats to connect (including any out - standing lateralhrmk Agee. ments and applicable water and sewer connection charges) or repair the private utility lines and to assess amounts paid as a special charge under Minnesota Statutes, Section 429.101. The City may accept or reject such petitions in its ssie discretion, and may impose owwk A4i►ditiasf „nRd regpire- �8" '*s- It Section 78 -3. Worit t: fie. Completed by Property Owner. If a petition to pmtT ead'.assess the casts of connection or repair is accepted by the City, installation of the required connections and /or repairs to private utility lines on private property shall be the;responsi- bility of the property owner, shall be contracted for by the property owner, shall be com- pleted by the property owner as required by the policies and ordinances of the City of Elk River and Elk River Municipal Utilities, and shall be inspected and accepted by the city building official before payment of costs is made. Section 78 -4. Payment and Assessment of Costs Authorized. a) Upon completion and acceptance by the City of all work required, the City will make payment to the party or parties who performed the work in an amount not to exceed that set forth in the petition accepted by the City. Such payment by the City, and all other outstanding fees and charges required for connection to the public systems, shall constitute a special charge against the affected property pursuant to Minnesota Statutes, Section 429.101 and shall be specially assessed against the property by the City pursuant to the provisions of Minnesota Statutes, Section 429.101. Special assessments levied under this Section shall be payable in a single install- ment, or by up to 10 equal annual installments, as provided by the City Council. b) The City Council shall establish, and may amend from time to time, policies, regarding: (1) projects eligible for,this program; (ii) petitioni which may be accepted by the City Administrator; (iii) petitions which may only be accepted by the City Council; (iv) the number of annual installments over which amounts paid and assessed will be levied; and, (v) the interest rate applicable to unpaid inetallments. Section 78- 5.Sunset on Payment and Assessment for Connections. Petitions to pay and assess the costs of connection to the City water system and the City sewer and sewage disposal system will not be accepted by the City for any connection project which is completed after December 31, 2015. Section 2. That this Ordinance shall be published and take effect as provided by law. Passed and adopted by the City Council of the City of Elk River this 10th day of December 2012. John J. Dietz Attest: Mayor Tina Allard City Clerk (D15)