5.13 ek( A
(
ITEM 5.13.
ty
MEMORANDUM
of
�lk •
River:. Planning Commission
/,I
FROM: Scott Harlicker, Assistant Plann: ,
,r ►
DATE: June 25, 1996
SUBJECT: Request by the City of Elk River to Amend
Section 900.08 and Section 900.12 of the
City Ordinance (Agri-Business), Public
Hearing, Case No. OA 96-9
Issue
Consider a request by the City of Elk River to amend Section 900.08 and Section
900.12 of the City Ordinance to include a definition for Animal, Nutrition and
Agricultural Research and include it as a conditional use in the Ria and Al
zoning districts.
• Attachments
Ordinance No. 96-
Overview
In May 1995, a conditional use permit was granted to Cargill for their animal
nutrition center. The conditional use permit was for a feedlot and was issued for
their existing facility on the south side of 165th Avenue and the proposed
expansion of that facility. At the time it was felt that their facility best fit the
definition of a feed lot which is defined as,
"A confined area used for housing or feeding poultry or livestock where
substantial amounts of animal waste will be generated, but not including
barns or pens which are necessary uses incidental to a farming operation."
This definition, it turns out, does not accurately describe the operations of
Cargill's facility. To classify the nutrition center as a feedlot is misleading. One
aspect of the operation fits the zoning code definition of a feedlot, but the
nutrition center is primarily a research center for the development of improved
animal nutrition.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
The traditional view of a feedlot is an outdoor area that is used for the fattening
•
of livestock before they are sent to market. The animals at the nutrition center
are housed in controlled environments, not kept in open pens. The animals are
intended to be used for nutrition research not fattened for market. The animals
are studied regarding weight gain and growth in relation to the type of feed
used. Milk production is analyzed in order to determine the relationship between
milk production and type of feed used. Specific breeds of animals are used so
that variables can be controlled; many of the animals remain at the center for
several breeding cycles, some animals remain for years.
Along with research in animal nutrition, the center conducts ongoing research in
the preservation of feed and silage, development of new types of feed and
laboratory analysis.
There has been some discussion about the nature of the operations that occur at
the nutrition center and whether it is typical of uses found in a light industrial
zone. The Cargill Animal Nutrition Center is an agricultural research and
product development facility. Within the scope of research and development, it is
staffs opinion that the facility's operation has more characteristics that are
agricultural in nature than industrial.
Recommendation
IIIBased on the above overview, staff is presenting the following definition for
animal, nutrition and agricultural research to be included as a conditional use in
the Ria and Al zoning districts.
Animal, Nutrition and Agricultural Research
Buildings, laboratories and other facilities or structures which are used in
connection with animal, nutrition or other agricultural research and
development , investigation, testing, adaptation or experimentation, but
not facilities for the commercial manufacture or sale of products, except
those which are used in research operations, with respect to which
research activities have been completed or which are part of research and
development programs; the facilities also can include animal feeding
facilities; barns, storage buildings, confinement areas, or other animal
housing units; pasture and grazing areas; cropped or tilled fields; grain
and feed processing, storage or manufacturing facilities; nursery areas;
and waste management facilities or systems.
It is recommended that the Planning Commission recommend approval of an
ordinance creating a definition for Animal, Nutrition and Agricultural Research
Illto be included as a conditional use in the Al and Rla zoning districts.
•
ORDINANCE 96 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12
OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING
TO DEFINITIONS AND CONDITIONAL USES IN THE Al AND R1A
ZONING DISTRICTS
CASE NO. OA 96-9
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. Section 900.08 of the City of Elk River Code of Ordinances
titled, "Definitions" is hereby amended to read as follows:
Animal, Nutrition, and Agricultural Research: Buildings, laboratories,
and other facilities or structures which are used in connection with
animal, nutrition, or other agricultural research and development,
• investigation, testing, adaptation, or experimentation, but not facilities
for the commercial manufacture or sale of products, except those which
are used in research operations, with respect to which research
activities have been completed or which are part of research and
development programs; the facilities also can include animal feeding
facilities; barns, storage buildings, confinement areas, or other animal
housing units; pasture and grazing areas; cropped or tilled fields; grain
and feed processing, storage or manufacturing facilities; nursery areas;
and waste management facilities or systems.
Section 2. Section 900.12(4) and Section 900.12(5) of the City of Elk
River Code of Ordinances titled, "Permitted, Accessory, and Conditional
Uses" is hereby amended to read as follows:
4. A-1 Agricultural Conservation
c. Conditional Uses
amended to add xvi. Nutrition, Animal, and Agricultural
Research
5. R-la Single Family Rural Residential
c. Conditional Uses
• amended to add xiii. Nutrition, Animal, and Agricultural
Research in R-la.
• Section 3. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted this day of ,1996,by the City Council of
the City of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
s:\document\ordinanc\oa96-9.doc
•
•
•
A
SURVEY OF
PAWNBROKER ORDINANCES
IN
MINNESOTA
AS OF MAY 1994
• GREG BROOKER
ASSOCIATE CITY ATTORNEY
BLOOMINGTON, MINNESOTA
2215 W. OLD SHAKOPEE ROAD
BLOOMINGTON MN 55431
(612) 948-8753
1995 UPDATE FOR CITY ATTORNEYS
FEBRUARY 10-11, 1995
L BLAINE SECTION: 15-110 to 15-126 YEAR ADOPTED: 1992
'i `r w.�� w r.w rvrw� rrar ♦ - v� r w-•' ► w ♦ r i _
FEE: $12,000 plus a$500 application fee and a$5,000 bond.
IDENTIFICATION REQUIREMENTS: Valid driver's license containing a photo or any picture identification.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 30 days after records have been made available to police.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: 30 days after report to police;an individual may redeem an item pawned 3 working days after the report is made to the police.
STORAGE OF FIREARMS PROVISION? Yes.
BUFFER ZONE: Not allowed within 300 feet of a school or church.
METHOD OF PAYMENT: By check only.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: Minors;illegal aliens;conviction within five years of receiving stolen property,sale of stolen property,sale of controlled
substance,burglary,robbery,damage or trespass to property,felony theft,larceny,or fraud;revocation of license within five
years;a person not of"sufficient good moral character and repute";a person who would adversely affect the public health,
safety,or welfare.
HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: A pawnbroker shall give to the person selling or depositing an article of property a plain written or printed ticket or receipt for
the article sold or deposited showing the terms of such sale or loan.
ADDITIONAL PROVISIONS: The City of Blaine requires that if any goods,articles,or things are advertised in any public paper of the City of Blaine as
having been lost or stolen and such goods come into the possession of any pawnbroker,the pawnbroker must,upon actual
notice thereof,immediately thereafter notify the Chief of Police that such goods are in the pawnbroker's possession. The
pawnbroker is not to dispose of such property until written authority to do so is detailed from the Chief of Police.
•
fir 11111-)
.—
i • , •
BLOOMINGTON SECTION: 14.295.12 TO 14.295.25.02 YEAR ADOPTED: 1991
FEE: $1,584 plus a$1,500 investigation fee.
IDENTIFICATION REQUIREMENTS: Valid driver's license;a Minnesota identification card;or a photo identification issued by the state of residency of the person
from whom the item was received. No military identification,welfare cards,or other identification can be accepted.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 30 days after the date of the sale or pawn.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: 30 days; An individual may redeem an item pawned 72 hours after the item was received on deposit by the pawnbroker,
excluding Sundays and legal holidays.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Pawnshops are conditional uses in the B-2 zoning district.
METHOD OF PAYMENT: Not regulated.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? Yes. A pawnbroker is required to take either a photograph or a still video of each person selling or pawning any item of
property. If a still video photograph is taken the video camera must zoom in on the person pawning or selling the merchandise
so as to include a close-up of the person's face. The video photograph must also be referenced by time and date so as to
correspond to the merchandise sold or pawned by the person. The photographs and video tapes must be kept by the pawnbroker
for four(4)months.
•
INELIGIBILITY FOR LICENSE: Minors;a person who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota
Statutes,Section 364.03,Subd.2,and who has not shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,Section 364.03,Subd.3.;a person who is not a citizen
of the United States or a resident alien;a person who is not of good moral character or repute;or a person who holds an
intoxicating liquor license with the city.
HOURS OF REGULATION OPERATED? Yes. No pawnbroker can keep the pawnshop open for the transaction of business on any day of the week before 7:00 a.m.or
after 10:00 p.m.
RECEIPT REQUIREMENT: The receipt provided to the seller or pledger of any item of property received by a pawnbroker must detail the annual rate of
interest charged on pawned items received. In addition,the receipt must include the name,address and phone number of the
pawnbroker;the date on which the item was received by the pawnbroker,a description of the item received and amount paid to
the pledger or seller in exchange for the item pawned or sold;the signature of the pawnbroker;the name and address of the
seller or pledger,and the last regular business day by which the item must be redeemed by the pledger without risk that the item
will be sold,and the amount necessary to redeem the pawned item on that date.
BROOKLYN CENTER SECTION: 23-601 TO 23-633 YEAR ADOPTED: UNKNOWN
WS', .. 1 , r,s wwf.rd .Y'X.. .�_
FEE: $12,000 plus a$1,500 investigation fee and a$5,000 bond.
IDENTIFICATION REQUIREMENTS: Valid picture driver's license;an official state photo identification;a United States passport;or a military 1.D.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 12 days after the date of the report to the police.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: 12 days after the date of the report to the police;An individual may redeem an item pawned 72 hours after the item was
received on deposit,excluding Sundays and legal holidays.
STORAGE OF FIREARMS PROVISION? No,but a pawnbroker may not receive as a pledge or otherwise accept for consignment or sale any sawed-off shotgun,
automatic rifle,blackjack,switchblade,knife,or other similar weapon or firearms.
BUFFER ZONE: Not allowed within 300 feet of a school or church.
METHOD OF PAYMENT: By check only.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? Not required.
INELIGIBILITY FOR LICENSE: A person who is not a citizen or resident alien,or upon whom it is impractical to conduct a background and financial
investigation due to the unavailability of information;a minor,a person who has been convicted of any state or federal law
relating to receiving stolen property,sale of stolen property or controlled substance,burglary,robbery,theft,damage or trespass
to property,operation of a business,or any law or ordinance regulating the business of pawnbrokers;a person who within five
years of the license application date has had a pawnbroker license revoked;a person who the City Council determines is not to
be of sufficient good moral character and repute;any person who would adversely effect public health,safety or welfare(after a
public hearing before the City Council and an investigation).
HOURS OF OPERATION REGULATED? Yes. From 9:00 p.m.Saturday to 7:00 a.m.Monday no property can be received as a pledge on consignment or purchased by a
pawnbroker;on any other day no such property may be received before 7:00 a.m.and after 9:00 p.m. All pawnshops must be
closed for business on Christmas Day and Thanksgiving Day.
RECEIPT REQUIREMENTS: A pawnbroker must provide a receipt which includes the address and telephone number of the business,the date on which the
item was received,a description of the item purchased,and the purchaser's signature.
11111- iv) •—
i
BROOKLYN PARK SECTION: 466:00 TO 466:155 YEAR ADOPTED: 1989
FEE: $10,000 plus a$500 investigation fee and a$5,000 bond.
IDENTIFICATION REQUIREMENTS: A pawnbroker can only accept a valid picture driver's license;a picture identification;or a Medicard.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 30 days after the date of report to the police.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: A person who pawns an item has at least five(5)months to redeem the item before it may be sold by the pawnbroker.
STORAGE OF FIREARMS PROVISION? No;but a pawnbroker may not receive as a pledge or otherwise accept for consignment or sale any revolver,pistol,sawed-off
shotgun,automatic rifle,blackjack,switchblade knife,or other similar weapons or firearms.
BUFFER ZONE: Not allowed within 300 feet of a school or church.
METHOD OF PAYMENT: By cash or check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: A minor;a person who within five years of the license application date has been convicted of receiving stolen property,sale of
stolen property or controlled substance,burglary,robbery,dar,age or trespass to property,or any law or ordinance regulating
the business of pawnbroker; a person who is not a citizen of the United States or a resident alien;a person who within five
years of the license application date has had a pawnbroker license revoked;a person whom the City Council determines not to
be of sufficient good moral character or repute;a person who would adversely affect the public health,safety or welfare after a
public hearing and investigation.
HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: A pawnbroker must provide a receipt to the seller which includes the address and phone number of the pawnshop,the date on
which the item was received,a description of the item purchased,and the purchaser's signature.
Ir^ i
CHAMPLAIN SECTION: 11-901 TO 11-911 YEAR ADOPTED: 1989
FEE: $12,000 plus a$5,000 bond and$250 application fee.
IDENTIFICATION REQUIREMENTS: A valid driver's license containing a picture,any picture identification,or any Medicard.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: No personal property deposited with or purchased by any pawnbroker can be sold or permitted to be redeemed from the place of
business of the license until 48 hours after a copy of the records required by the ordinance has been made available to the Chief
of Police,except upon written permission of the Chief of Police.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: Any person who pawns an item shall have at least 30 days to redeem the item before it may be sold by the pawnbroker.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in pawnbroker ordinance.
METHOD OF PAYMENT: By cash or check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: Violation,within the proceeding five years,or any law relating to theft,damage,or trespass to property,sale of a controlled
substance or operation of business;fraud,misrepresentation,or false statements made in the course of the applicant's business;
fraud,misrepresentation,or bribery in securing a license;failure by the applicant to comply with one or more of the provisions
of the pawnshop ordinance;and any conflict with health,building,building maintenance or any provisions of this code,
ordinance,or state law.
HOURS OF OPERATION REGULATED? Yes. No property can be received from 9:00 p.m.Saturday to 7:00 a.m.Monday,nor on any other day before 7:00 a.m.,nor on
any day after 9:00 p.m. In addition,no pawnbroker shall be open for business on Christmas Day,Thanksgiving Day,or on a
Sunday.
RECEIPT REQUIREMENTS: A pawnbroker must give to the person selling or depositing an article of property a plain written or printed ticket or receipt for
the article sold or deposited showing the terms of such sale or loan.
1107)
.'
• . •
CRYSTAL SECTION: 1175.01 TO 1175:63 YEAR ADOPTED: 1989
FEE: $10,000 plus a$5,000 bond and a$531 investigation fee for each interested individual;$796
investigation fee is charged per interested individual who has lived out-of-state in the last 10 years;a
pawnbroker must also get a secondhand dealers license,which is$213 plus a$3,000 bond.
IDENTIFICATION REQUIREMENTS: A valid picture driver's license or a picture identification.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 12 days.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: A person who pawns an item shall have at least four(4)months to redeem the item before it may be sold
by the pawnbroker.
STORAGE OF FIREARMS PROVISION? No;but a pawnbroker may not.receive as a pledge or otherwise accept for consignment or sale any
revolver,pistol,sawed-off shotgun,automatic rifle,blackjack,switchblade knife,or other similar
weapons or firearms.
BUFFER ZONE: Not allowed within 300 feet of a school or church.
METHOD OF PAYMENT: By cash or check;secondhand dealers must pay for an item at the licensed place of business by check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
•
INELIGIBILITY FOR LICENSE: A minor,a person who is not a citizen of the United States or resident alien;a minor,a person who
within five years of the license application date has been convicted of receiving stolen property,sale of
stolen property or controlled substance,burglary,robbery,damage or trespass to property,or any law or
ordinance regulating the business of pawnbroker,a person who within five years of the license
•
application date has had a pawnbroker license revoked;a person who the City Council determines not to
be of sufficient good moral character or repute;or when the City Council determines,after investigation
and public hearing,if required,that issuance or renewal of a license to a person would adversely effect
the public health,safety or welfare.
HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: A pawnbroker must provide a receipt to the seller or consignor of any item which includes the address
and phone number of the business,the date on which the item was received,a description of the item
purchased,and the purchaser's signature.
NOTE: The City of Crystal currently has a moratorium in place while staff studies whether a new ordinance is needed.
DULUTH SECTION: 36-1 to 36-12 YEAR ADOPTED: 1914
FEE: $250 plus a$250 application fee and a$2,000 bond.
IDENTIFICATION REQUIREMENTS: A Minnesota drivers license or nonqualification certificate or,if a person has no Minnesota driver's license or nonqualification
certificate,then some other form of identification issued to the person by a governmental body or a recognized organization
which shows either a picture or includes a physical description of the person,or both.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: Any person pledging or pawning any article with any pawnbroker shall have three(3)months to redeem the same before the
pledge or pawn becomes forfeited. No personal property deposited with or purchased by any licensee can be sold or permitted
to be redeemed from such licensee until 48 hour;after a copy of the police records are made available to the city.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: Three(3)months.
•
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in pawnshop ordinance.
METHOD OF PAYMENT: By cash or check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: Not detailed in pawnshop ordinance.
HOURS OF OPERATION REGULATED? Yes. No pawnbroker shall receive a pledge or pawn or purchase any goods between the hours of 12 Midnight on Saturdays and
12 Midnight on Sundays,or between the hours of 11:00 p.m.and 6:00 a.m.on any other day of the week.
•
RECEIPT REQUIREMENTS: Not detailed in pawnshop ordinance.
•` i410.4
• • i •
EDEN PRAIRIE NO ORDINANCE LICENSING PAWNBROKERS; ZONING RESTRICTIONS
APPLY
EDINA NO ORDINANCE LICENSING PAWNBROKERS; ZONING RESTRICTIONS APPLY
FRIDLEY RECENTLY ADOPTED ORDINANCE; COPY UNAVAILABLE AT TIME OF
PRINTING. $8,300 fee plus a $400 investigation fee
GOLDEN VALLEY $12,000 fee; $1,500 investigation fee. Regulated by Police Department;
ordinance unavailable at time of printing
HOPKINS SECTION: 1180.01 to 1180.25 YEAR ADOPTED: 1991 II
FEE: $7,000 plus$5,000 bond and a$500 application fee.
IDENTIFICATION REQUIREMENTS: A valid Minnesota driver's license;a valid Minnesota identification card;or a valid photo identification issued by the state of
residency of the person from whom the item was received and one other form of identification.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 30 days for pawned items;10 days for purchased items.
PROVISION ALLOWING FOR POLICE HOLD? Yes,but a maximum hold of 6 months.
REDEMPTION PERIOD: 30 days.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in pawnshop ordinance.
METHOD OF PAYMENT: By check only.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: A minor;a person who has been convicted of any crime directly related to the occupation license,as prescribed by Minnesota
Statutes,Section 364.03,Subd.2,and who has not shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,Section 364.03,Subd.3;a person who is not a citizen
or resident alien;a person who holds an intoxicating liquor license in the city;or a person who in the judgment of the City
Council is not the real party in interest or beneficial owner of the business operated.
HOURS OF OPERATION REGULATED? Yes. No pawnbroker shall be open for the transaction of business on any day of the week before 7:00 a.m.or after 10:00 p.m.
RECEIPT REQUIREMENTS: Every pawnbroker shall deliver to the person pawning,pledging,selling,leaving or depositing any articles,a certificate
numbered to correspond with the entry of the licensee's records. The certificate shall contain an accurate description of the
property,the amount of money loaned upon or pledged therefore,the date,time,and place of receipt of the item,the name,
address,date of birth and description from who the item was received,and the identification number from one of the forms
identification allowed under the ordinance.
tT
• . •
MAPLE GROVE NO ORDINANCE LICENSING PAWNBROKERS
MINNEAPOLIS SECTION: 321.10 - 321.220 YEAR ADOPTED: 1981
FEE: $369 plus a$5,000 bond and a$59 application fee.
IDENTIFICATION REQUIREMENTS: A valid driver's license,containing a picture;a valid state of Minnesota identification card,containing a picture.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 12 days after the date of report to police.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: An individual may redeem an item that he or she has pawned 72 hours after the item was received on deposit,excluding
Sundays and holidays. Any person who pawns an item shall have at least four(4)months to redeem the item before it may be
sold.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in pawnshop ordinance.
METHOD OF PAYMENT: By check only.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: The proposed use is in conflict with the zoning code;the proposed use is in conflict with any health,building,building
maintenance,or other provisions of the city code or state law the applicant has failed to comply with one or more provisions of
the ordinance;fraud,misrepresentation,or bribery in securing the license;fraud,misrepresentation,or false statement made in
the course of the applicant's business;violation within the proceeding five years of any law relating to theft,damage,or trespass
to property,sale of a controlled substance,or operation of a business.
i HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: Every pawnbroker must provide upon request a receipt to the seller or consignor of any item and maintain a duplicate of that
receipt for three years,which must include the name,address and phone number of the business;the date and time and place of
receipt;an accurate description of the item purchased;the signature of the purchaser,and the identification number from the
driver's license or state I.D.card.
MINNETONKA RECENTLY ADOPTED ORDINANCE. COPY UNAVAILABLE AT TIME OF
PRINTING. Fee: $10,000 plus a $500 investigation fee and a $5,000 bond.
PLYMOUTH SECTION: 1160.01 - 1160.57 YEAR ADOPTED: 1990
FEE: $12,000 plus a$1,500 investigation fee and a$5,000 bond.
IDENTIFICATION REQUIREMENTS: A valid picture driver's license or a Minnesota identification card.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 12 days.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: A person who pawns an item shall have at least four(4)months before it may be sold.An individual may redeem an item
pawned within 72 hours after the item was received on deposit,excluding Sundays and legal holidays.
STORAGE OF FIREARMS PROVISION? No;but a pawnbroker may not receive as a pledge or otherwise accept for consignment or sale any revolver,pistol,sawed-off
shotgun,automatic rifle,blackjack,or switchblade knife.
BUFFER ZONE: Not allowed within five hundred feet of a school.
•
METHOD OF PAYMENT: By cash or check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: A person who is not a citizen or resident alien;a minor;a person who within five years of the license application date has been j
convicted of receiving stolen property,sale of stolen property or a controlled substance,burglary,robbery,damage or trespass
to property,or any law or ordinance regulating the business of pawnbroker,a person who within five years of the license
application date has had a pawnbroker license revoked and not renewed by the city or other governmental agency,a person who
the City Council determines not to be of good moral character or repute;or when the City Council determines,after
investigation and public hearing,that issuance or renewal of a license would adversely affect the public health,safety,or
welfare.
HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: A licensed pawnbroker must provide a receipt to the seller or consignor of any item which includes the address and phone
number of the business,the date on which the property was received;a description of the item purchased,and the purchaser's
signature.
• • i
RICHFIELD SECTION: 1186.01 - 1186.39 YEAR ADOPTED: 1991
11 1 !V/ 1 /- I V- __\(..-/.Y}!1AMAA yam_.. .. .. .._.. ..
FEE: $1,750 plus a$1,200 investigation fee and a$1,500 bond.
IDENTIFICATION REQUIREMENTS: A valid picture drivers license or an official state picture identification.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 12 days.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: 60 days. An individual may redeem an item pawned 72 hours after the item was received on deposit,excluding Sundays and
legal holidays.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in pawnshop ordinance.
METHOD OF PAYMENT: By cash or check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: A person who is not a citizen of the United States or a resident alien;a minor,a person who has been convicted of any state or
federal law relating to receiving stolen property,sale of stolen property or controlled substance,burglary,robbery,theft,
damage or trespass to property,operation of a business or any law or ordinance regulating the business of pawnbrokers;a
person who within five years of the license application date has had a pawnbroker license revoked;a person who the City
Council determines not to be of sufficient good moral character and repute.
HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: A pawnbroker must provide a receipt to the seller or consignor of any items which includes the address and phone number of
the licensee's business,the date on which the item was received,a description of the item purchased,and the purchaser's
signature.
ROCHESTER SECTION: 111.01 - 111.14 YEAR ADOPTED: 1990
FEE: $50 plus a$20 application fee and a$3,000 bond.
IDENTIFICATION REQUIREMENTS: A driver's license,photo identification card,vote identification card on a state prescribed form,or Medicaid.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 14 calendar days after the date of report to police.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: 14 days. However,an individual may redeem an item that he or she has pawned at any time more than 72 hours after the item
was received on deposit,excluding Sundays and legal holidays.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in pawnshop ordinance.
METHOD OF PAYMENT: By cash or check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: Not specifically detailed in ordinance.
HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: A pawnbroker must provide upon request a receipt to the seller or consignor of any item,which shall include the name,address
and phone number of the licensed business;the date on which the item was received by the licensee;a description of the item
pawned or purchased;the amount paid for the item;and the signature of the licensee or its agent;and if pawned,a date after
which the item will be sold or otherwise disposed of by the licensee. 11
• • •
ST. LOUIS PARK SECTION: 13-1320 - 13-1324 YEAR ADOPTED: 1992
�.. . - _ .. w, .... ,.. �.
, FEE: $250
IDENTIFICATION REQUIREMENTS: Not regulated.
DAILY REPORT TO POLICE REQUIRED: No. Pawnbrokers are required to keep a register detailing the property received and the person from whom it was received for
thirty days for inspection by police officers. No daily reports are sent to the police department under the pawnshop ordinance.
AUTOMATIC HOLDING PERIOD: Not detailed in ordinance.
PROVISION ALLOWING FOR POLICE HOLD? Not specifically detailed in ordinance.
REDEMPTION PERIOD: Not specifically detailed in ordinance.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in ordinance.
METHOD OF PAYMENT: Not detailed in ordinance.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? No.
INELIGIBILITY FOR LICENSE: Not detailed in ordinance.
HOURS OF OPERATION REGULATED? No.
RECEIPT REQUIREMENTS: The receipt must detail a description of the property,the time,name and place of residence of the person leaving the property,
the amount loaned on the property,the interest charged,and the time when the loan falls due.
ADDITIONAL PROVISION: The City allows only three(3)pawnshops within its corporate limits.
ST. PAUL SECTION: 344.01 - 344.06 YEAR ADOPTED: 1956
�. ,A\......�.r�.�Ine._1.91/..011M1,. 1 L , V, I r
FEE: $810 plus a$5,000 bond.
IDENTIFICATION REQUIREMENTS: A valid driver's license containing a picture or a Minnesota identification.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 90 days for pawned items,30 days for property purchased. Motor vehicles are exempt from the thirty day holding period.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: 90 days.
STORAGE OF FIREARMS PROVISION? All licensees must maintain an electric burglar alarm system for the entire licensed premises.
BUFFER ZONE: Not detailed in ordinance.
METHOD OF PAYMENT: Not detailed in ordinance.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? Camera surveillance is required only when during any sixty day period more than one percent of all transactions by the licensee
involve stolen property.
INELIGIBILITY FOR LICENSE: Any person who has been convicted of violating any law related to theft,burglary,receiving stolen property,sale of controlled
substance,or of any infraction of the terms and provisions of the City's pawnshop ordinance,provided that in denying any
licensed based upon such conviction the City inspector must follow the procedures of Minnesota Statutes,Chapter 364.
HOURS OF OPERATION REGULATED? Yes. No business may be transacted on any day of the week before 7:00 a.m.or after 10:00 p.m.
RECEIPT REQUIREMENTS: The pawnbroker must give to the person negotiating the loan or selling property a written or printed receipt for the property
received for the loan or purchase and such receipt must correspond with the information on the pawn or by forms required by
the city police department.
ADDITIONAL PROVISIONS: The City of St.Paul requires that if any goods,articles,or things are advertised in any public paper of the City of St.Paul as
having been lost or stolen and such goods come into the possession of any pawnbroker,the pawnbroker must,upon actual
notice thereof,immediately thereafter notify the Chief of Police that such goods are in the pawnbroker's possession. The
i pawnbroker is not to dispose of such property until written authority to do so is detailed from the Chief of Police.
•
a� . o
• •
_ _ _
SHAKOPEE SECTION: 6.28 YEAR ADOPTED: 1994
FEE: $300 plus a$330 investigation fee.
IDENTIFICATION REQUIREMENTS: A valid Minnesota driver's license;a Minnesota identification card issued by the Department of Public Safety;or a photo
identification issued by the state of residency of the person from whom the item was received.
DAILY REPORT TO POLICE REQUIRED: Yes.
AUTOMATIC HOLDING PERIOD: 30 days on items for which weekly police reports are required.
PROVISION ALLOWING FOR POLICE HOLD? Yes.
REDEMPTION PERIOD: 30 days.
STORAGE OF FIREARMS PROVISION? No.
BUFFER ZONE: Not detailed in ordinance.
METHOD OF PAYMENT: All purchases and pawns by the pawnbroker over$60 must be made by check.
PHOTO OR VIDEO OF CUSTOMERS REQUIRED? Yes. A pawnbroker must run a video tape during all hours of operation. Tapes must be retained a minimum of thirty days.
The quality of the tape must be sufficient to clearly identify the seller or pledger and to clearly identify the goods involved in
the transaction. Each tape must automatically record the date and time of each transaction. Upon request,the video tape shall
be made available to the city police department.
" INELIGIBILITY FOR LICENSE: Minors;persons who hold a city liquor license;persons who are involved in legal gambling with the exception of lottery tickets;
persons who are delinquent on taxes.
HOURS OF OPERATION REGULATED? Yes. Hours of operation are limited to between 7:00 a.m.and 10:00 p.m.each day.
RECEIPT REQUIREMENTS: A receipt must include the name,address,and phone number of the licensee's business;the date on which the item was received
by the licensee;a description of the item received;a signature of the licensee and seller or pledger;the deadline by which the
item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned
item on that date;the amount of interest charged on the pawned item;and the name and address of the seller or pledger. The
pawnbroker must keep a copy of each receipt for at least four years.
1 A bill for an act
2 relating to commerce; directing the commissioner of
3 commerce to conduct a study of the Minnesota
4 pawnbroker industry.
5 BE IT ENACTED BY TEE LEGISLATURE OF THE STATE OF MINNESOTA:
6 Section 1. [STUDY OF PAWNBROKER INDUSTRY. ]
7 The commissioner of commerce, in consultation with the
8 -attorney general, shall conduct a study of the pawnbroker
9 industry in Minnesota, and shall report the findings ,
10 conclusions, and recommendations to the legislature by December
11 1, 1994, on the following:
12 (1) the current licensing and regulation of pawnbrokers by
13 political subdivisions, the effectiveness of that licensing and
14 regulation, and whether there is a need for licensing and
:15 regulation by the state;
16 (2) the current practices used in the industry for valuing
17 pawned objects as security for a loan and the fairness of the
:18 values attributed to those objects by pawnbrokers;
19 (3) the rate of interest charged on pawnbroker loans in the
20 state and whether the state should establish a maximum rate of
21 interest for pawnbroker loans; and
22 (4) the rate of interest on pawnbroker loans permitted in
23 other states.
o
1
AN 31995
Amk
STATE AND LOCAL REGULATION
OF
PAWNBROKERS
GREG BROOKER
ASSOCIATE CITY ATTORNEY
• BLOOMINGTON, MINNESOTA
2215 W. OLD SHAKOPEE ROAD
BLOOMINGTON MN 55431
(612) 948-8753
1995 UPDATE FOR CITY ATTORNEYS
FEBRUARY 10-11, 1995
STATE AND LOCAL REGULATION OF PAWNBROKERS
I. INTRODUCTION
H. LICENSING PRINCIPLES APPLICABLE TO THE REGULATION OF
PAWNBROKERS
A. "A Privilege Subject to Conditions"
B. Compelling State Interest
C. License Fees
D. License Denial
E. Limitation on Number of Licenses Issued
TEL PAWNBROKER LICENSING AND REGULATIONS
A. Nature of Regulation
B. Liberty to Contract
C. Photographing Customers
D. Warrantless Inspections
E. Deadly Weapon Prohibition
F. Fingerprinting of Customers
G. Regulation of Hours
H. Bond Requirement
I Recordkeeping Requirements
J. Property Distribution Provisions
K. Total Bans
L. Buffer Zones
M. Usury
IV. MINNESOTA CASES ON PAWNBROKERS
City of Rochester v. Bemel, 181 Minn. 596, 233 N.W. 862 (1930)
City of St. Paul v. Lytle, 68 Minn. 535, 71 N.W. 703 (1897)
City of Duluth v. Bloom, 55 Minn. 97, 56 N.W. 580 (1893)
V. MINNESOTA STATUTES GOVERNING PAWNBROKERS
A. County Regulation
B. Criminal Misconduct of Pawnbrokers
C. Data Practices Provision
D. State-Regulated Loan Companies
E. Usury Statute
•
• VI. CONCLUSION
VII. APPENDIX
Bloomington Ordinance Licensing Pawnbrokers
Minnetonka Ordinance Licensing Pawnbrokers
Minneapolis Ordinance Licensing Pawnbrokers
Maple Grove Ordinance Defining Pawnbrokers as a Nuisance
A Survey of Pawnbroker Ordinances in Minnesota (May 1994)
1994 Bill for an Act Studying the Pawnbroker Industry (Vetoed by the
Governor)
STATE AND LOCAL REGULATION
OF •
PAWNBROKERS
I. INTRODUCTION
State and local regulation of pawnbrokers has a long history in Minnesota.
Regulating pawnshops is one of the oldest exercises of local police powers in the
state. Initially confined to central cities, such regulation is now becoming more
common in suburban and rural areas, as entrepreneurs open pawnshops in these
areas. At least one national pawn company's stock is traded publicly on a national
exchange, and several franchise operations are in existence throughout the country.
Since 1990, Bloomington, Minnesota, a city with a population of 87,000 has gone
from having no pawnshops to litensing three, one of which claims to be the largest
in the upper midwest.
What follows is a survey of cases and statutes from Minnesota and other
jurisdictions relating to the licensing of pawnbrokers. Included in the materials are
examples of ordinances regulating pawnbrokers, as well as an overview of
ordinances adopted by several cities in the state.
IL LICENSING PRINCIPLES APPLICABLE TO THE REGULATION OF
PAWNBROKERS
A. "A Privilege Subject to Conditions"
In Minnesota, the case law still provides that a license confers the licensee
with only the "privilege" to operate a licensed business for the period
specified in the license and subject to specified conditions outlined in a
•
2
. licensing ordinance. In Gopher Sales Co. v. City of Austin, 246 Minn. 514,
520, 75 N.W.2d 780, 784 (1956) the state supreme court stated:
No person can acquire a vested right to continue, when once
licensed, in a business, trade, or occupation, which is subject to
control and regulation under the proper exercise of a municipality's
police power. As we stated in State v. Minneapolis-St. Paul M. A.
Commission: "A license confers upon the licensee the right to
engage in the licensed business only for the term specified in the
license. A prior expired license is functus officio and confers no
rights upon the licensee named therein, except in certain cases
where by statute it entitled him to a renewal upon compliance with
specified conditions." [footnote and citations omitted]
Although Gopher Sales was decided nearly forty years ago, it has been
cited with approval in several more recent cases. See, e. g., Voettiner v.
Commissioner of Education, 376 N.W.2d/144, 448 (Minn. App. 1985)(no
vested right to a license to teach medical office procedures).
B. Compelling State Interest
Government has a compelling state interest in the regulation of businesses
and occupations. The requirement of a license as a condition precedent to
the privilege of carrying on the business is a legitimate exercise of the
police powers of the state. See Pilla v. American Bar Association, 407 F.
Supp. 451 (D. Minn. 1975) affd 542 F.2d 56 (8th Cir. 1976);Franklin
Theatre Corp v. City of Minneapolis, 293 Minn. 519, 198 N.W.2d 558
(1972). The Minnesota Supreme Court has held that where local
legislative action is within the scope of the police powers and where the
enactment presents fairly debatable questions as to its reasonableness,
wisdom, and propriety, the determination of such questions is not for the
courts, but rather for the local legislative body. See State v. United
• Parking Stations, 235 Minn. 147, 50 N.W.2d 50 (1951).
3
•
C. License Fees
License fees are presumed to be valid in the absence of evidence to the
contrary, and a court will not hold them unreasonable unless they are
palpably so. See Minneapolis Street Railway Co. v. City of Minneapolis,
236 Minn. 109, 52 N.W.2d 120 (1952);State ex rel Remick v. Clousing,
205 Minn. 296, 285 N.W. 711 (1939). However, fees that are grossly
disproportionate to administrative costs at the time of the adoption of a
statute or ordinance may constitute a "tax in disguise" and may be an
invalid exercise of police powers. See Investment Company Institute v.
Hatch, 477 N.W.2d 747 (Minn. App. 1991); State v. Northern Raceway
Corp. 381 N.W.2d 526 (Minn. App. 1986)(cost included in licensing fee
must be only the cost of regulating the licensed business itself and not the
general public); cf. Lyons v. City of Minneapolis, 241 Minn. 439, 63
N.W.2d 585 (1954)(If a business has the potentiality of developing or
generating into a nuisance, protection of public welfare may, from a police
power standpoint,justify imposition of a license fee large enough to
operate as a restraint upon those who might otherwise engage in such
business).
D. License Denial
Standards for excluding persons from engaging in a licensed activity must
bear a reasonable relationship to their qualifications to engage in that
activity. See Alexander v. City of St. Paul, 303 Minn. 201, 227 N.W.2d
370 (1975); Peterson v. Minneapolis City Council, 274 N.W.2d 918
(Morn. 1979)(denial of massage parlor license upheld). The burden of
proof to show that a license should be granted is on the applicant. See
4
• North Memorial Medical Center v. Minnesota Dept. of Health, 423
N.W.2d 737 (Minn. App. 1988). In addition, a city council is vested with
broad authority in determining whether to issue or renew a license, and the
scope of review by the courts is narrow. See Kayo Oil Co. v. City of
Hopkins, 397 N.W.2d 612 (Minn. App. 1986). However, local officials
must base a denial of a license on "articulable and legally sufficient
reasons." See E.T.O., Inc. v. Town of Marion, 375 N.W.2d 815, 819
(Minn. 1985); see also Tamarac Inn, Inc. v. City of Long Lake, 310
N.W.2d 474 (Minn. 1981). If the basis of a license denial is a criminal
conviction, the licensing authority must make findings under the state
Criminal Rehabilitation Act, Minnesota Statutes Sections 364.01-364.10
(1994).
• E. Limitation on Number of Licenses Issued
In Minnesota, a limitation on the number of certain types of licenses within
a city has been upheld as a valid exercise of police powers. See Kayo Oil
Co. v. City of Hopkins, 397 N.W.2d 612 (Minn. App. 1986)(cap on liquor
licenses upheld);Minneapolis Street Railway Co. v. City of Minneapolis,
236 Minn. 109, 52 N.W.2d 120 (1952)(same).
M. Pawnbroker Licensing and Regulations
A. Nature of Regulation
Because of the facility that it furnishes for the commission of crime, the
business of pawnbrokers is one which belongs to a class where the strictest
police regulation may be imposed. In reviewing the history of
pawnbrokers, the Pennsylvania Supreme Court observed:
•
5
It [pawnbroking] is a business subject to the strictest regulation
under the police power. At common law, the taking of money for
the use of money was prohibited. It was only by express legislative •
grace that the business of pawnbroking, or for that matter the
charging of interest by anyone was permitted. A privilege was
given which the common law denied, and which the sovereigns can
withdraw or limit at any time.
It will hardly be denied that the business of pawnbroking is almost
certain to become inimical to the public good if conducted without
restrictions. The history of the business is not encouraging.
Thousands of men and women who patronize these establishments
are driven by their necessities to accept loans upon any terms
offered. It is so easy to take advantage of people in these
circumstances, and the temptation to do so is so great that the State
must protect them.
Equitable Loan Soc. v. Bell, 14 A.2d 316, 320 (Pa. 1940); see also City of
Hobbs v. Biswell, 81 N.M. 778, 473 P.2d 917 (1970); Solof v. City of
Chattanooga, 180 Tenn. 296, 174 S.W.2d 471(1943);Medias v. City of
Indianapolis, 216 Ind. 155, 23 N.E.2d 590 (1939); see also Note,
"Validity of Statutes or Ordinances which Impose Duties upon
Pawnbrokers as Regards Identity of Persons with whom They Deal or
Other Means of Enforcing Criminal Law Against Theft," 125 ALR 598
(1940 & 1994 Supp.).
B. Liberty to Contract
The constitutional right of liberty to contract is subservient to the public
welfare in the case of pawnbrokers. See Handler v. Department of
Commerce, 14 Ohio Misc. 9, 233 N.E.2d 147 (1967).
C. Photographing/Videotaping Customers
There is no constitutional infirmity in a city ordinance requiring
pawnbrokers to take photographs of customers and make them available to
6
• the police. In Liberman v. Cervantes, 511 S.W.2d 835, 837 (Mo. 1974),
the Missouri Supreme Court noted:
This business is one of a class where the strictest police regulation
may be imposed. The requirement of photographs is reasonably
connected with the object and purpose of the ordinance as a whole,
which is "to keep the pawnbrokers' business free from great abuse
by thieves disposing of stolen goods in their shops." They are all
made in the interest of the public, and are intended for the detection
and prevention of crime.
The attached Bloomington ordinance requires either a 2 X 2 photograph of
each customer be taken or a close-up video with the time and date detailed.
Such a requirement has been found to aid law enforcement agencies in
identifying persons suspected of stealing property. The requirement may
also deter some people from attempting to pawn or sell stolen merchandise,
thereby preventing the pawnshop from being used as a vehicle for
�• converting stolen property to quick cash.
D. Warrantless Inspections
Warrantless inspections of business records of licensed pawnbrokers, as
authorized by state statute, does not violate the Fourth Amendment in light
of the important governmental interest furthered by regulatory inspections
of pawnshop records and the limited threat these inspections pose to
reasonable expectations of privacy of business people. In Kipperman v.
State, 626 S.W.2d 507, 512 (Tex. Crim. 1981), the Texas Criminal Court
of Appeals stated:
The inspection of the business records of the State licensed
pawnshops is essential to the State's efforts to effectively deter theft
and minimize its consequences,just as the inspection of federally
• licensed liquor and firearms dealers is central to federal efforts to
7
control the possible abuses in those industries. In light of the
important governmental interests furthered by the regulatory
inspection of pawnshop records, and the limited threat these
inspections pose to the reasonable expectations of privacy of
businessmen choosing to enter this closely regulated business, we
conclude that [the Texas statute] does not authorize searches in
violation of. . . the Fourth Amendment.
E. Deadly Weapon Prohibition
An ordinance providing that no deadly weapons can be bought or sold by a
pawnbroker as a condition of licensure has been upheld. See Elsner
Brothers v. Hawkins, 113 Va. 47, 73 S.E. 479 (1912). Local authority to
do so in Minnesota, however, may be preempted. Minnesota Statues
Section 633 (1994) provides:
The legislature preempts all authority of a home rule charter or
statutory city including a city of the first class, county, town,
municipal corporation, or other governmental subdivision, or any of
their instrumentalities, to regulate firearms, ammunition, or their
respective components to the complete exclusion of any order,
ordinance or regulation by them except that: (a) a governmental
subdivision may regulate the discharge of firearms; and (b) a
governmental subdivision may adopt regulations identical to state
law. Local regulations inconsistent with this section are void.
Pursuant to Minnesota Statutes Section 471.635 (1994), however, a city
could treat any pawnshop that sells firearms as a gun shop and zone it
accordingly. Minnesota Statutes Section 471.635 provides:
Notwithstanding section 471.633, a governmental subdivision may
regulate by reasonable, nondiscriminatory, and nonarbitrary zoning
ordinances, the location of businesses where firearms are sold by a
firearms dealer.
410
8
F. Fingerprinting of Customers
A municipality may validly require pawnbrokers to fingerprint their
customers. See Miller v. Murphy, 143 Cal App. 3d 337, 191 Cal Rptr. 740
(1983);Medias v. City of Indianapolis, 216 Ind. 155, 23 N.E2d 590
(1939), see also Note, supra, 125 ALR 590.
G. Regulation of Hours
Cities may regulate the hours a pawnshop is open to transact business. See
Solof v. City of Chattanooga, 180 Tenn. 296, 174 S.W.2d 471 (1943);
Hyman v. Boldrick, 153 Ky 77, 154 S.W. 369 (1913);Butte v. Paltrovich,
30 Mont. 18, 75 P 521 (1904). See also Note, "Validity of Statute or
Ordinance Fixing Closing Hours for Certain Kinds of Businesses," 55 ALR
(Aft. 242 (1928 & 1994 Supp.).
H. Bond Requirement
Requiring pawnbrokers to furnish a bond as a condition of licensure has
been upheld as valid. See Grand Rapids v. Braudy, 105 Mich 670, 64
N.W. 29 (1895).
L Recordkeeping Requirements
Courts have upheld ordinance provisions requiring pawnbrokers to keep a
record of all property pawned, together with the names, addresses, and
descriptions of persons pawning it. In addition, provisions requiring such
information be forwarded to the police have been upheld against arguments
of unreasonable search and seizure. See Shuman v. City of Fort Wayne,
127 Ind 109, 26 N.E. 560 (1891); Medias v. City of Indianapolis, 216 Ind
• 155, 23 N.E.2d 590 (1939). See also City of St. Paul v. Lytle, 69 Minn. 1,
9
71 N.W. 703 (1897). In Bloomington, pawnbrokers are required to
Provide the police department with a daily computer disc containing •
descriptions of the property purchased or pawned, together with
information regarding the person selling or pawning the item. This
information is then compared with metropolitan stolen property reports.
J. Property Distribution Provisions
An innocent pawnbroker who gave money for a pledge of stolen property
has an interest in property protected by due process and section 1983,
which may be violated when police recover property and return it to the
true owner without judicial determination of ownership or possession prior
to property's return or release as required by state law. See Wolfenbarger
v. Williams, 774 F.2d 358 (10th Cir. 1985). See also G& G Jewelry, Inc.
v. City of Oakland, 989 F.2d 1093 (9th Cir. 1993)(pawnbroker, as pledgee,
has legitimate possessory interest in property received as against the rest of
the world except persons having title to the property; the police are not
authorized to seize property from a pawnbroker for the purpose of
returning it to the person who claims to be the owner in circumvention of
required statutory procedure). But see Minn. Stat. sec. 609.523
(1994)(law enforcement agency which is holding property over which a
person is alleged to have exerted unauthorized control or to have otherwise
obtained unlawfully may return that property to its owner if the four
conditions detailed in the statute are met). Provided police officers follow
the Minnesota statute, the city should be protected from a due process
challenge to its actions in recovering stolen property from a pawnbroker.
• K. Total Bans
Whether a city has the power to totally ban pawnshops is unclear in the
case law. It has been held that regulations so onerous as to amount to a
prohibition of pawnshops is not permissible. See 54 Am. Jur. 2d
Moneylenders and Pawnbrokers sec. 2; see also Morton v. City of Macon,
111 Ga 162, 36 S.E. 627 (1900);Louisville v. Pooley, 136 Ky 286, 124
S.W. 315(1910);Rodge v. Kelly, 88 Miss 209, 40 So 552 (1906).
However, the cases supporting such a proposition are quite old, and there
is a contrary opinion in the case law. See Wood v. Krepps, 168 Cal 382,
143 P. 691 (1914);Levinson v. Boas, 150 Cal 185, 88 P. 825 (1907).
There appear to be no recent cases discussing a city's right to ban
pawnshops as a matter of zoning or as a "nuisance." Some Minnesota
- cities specifically list pawnshops as nuisances in their zoning ordinances.
• (See attached Appendix) A fairly recent Minnesota Court of Appeals
decision, however, may have some applicability to this unresolved issue.
See Apple Valley Red-E-Mix v. City of St. Louis Park, 359 N.W.2d 313
(Minn. App. 1984)(absent a court determination that a business is a public
nuisance or a nuisance per se, a city cannot legislate that business out of
existence; court left open the issue of whether a city can generally eliminate
a use within its boundaries without showing that the use is injurious to the
public health, safety, or welfare).
L. Buffer Zones.
In addition to confining pawnshops to certain zoning districts, several cities
erect buffer zones around pawnshops in order to prevent such uses from
being close to certain "sensitive uses" such as schools, parks, licensed child
• care centers, and libraries. Such buffer zones are common in the zoning
11
regulation of sexually oriented businesses and are valid in that context if
based upon studies documenting the adverse secondary effects such 1111
businesses have on adjoining areas. Although pawnshops do not enjoy any
First Amendment status like sexually oriented businesses, buffer zones
around pawnshops may confuse courts into thinking such buffers need to
be supported by studies documenting the adverse secondary effects of
pawnshops. A city could, however, argue that because most ordinances
prohibit minors from pawning or selling merchandise to a pawnbroker, a
buffer zone from "youth land uses" such as schools and child care centers is
in direct furtherance of one of the goals of the ordinance: the protection of
minors. A more cautious approach may be to simply zone pawnshops in
districts where there are few "sensitive land uses." No cases could be
found on this specific zoning issue.
•
M. Usury
The annual rate of"interest" charged by many pawnbrokers, which can
reach as high as 35 percent, presents many consumer protection issues.
Minnesota, like most states, regulates the maximum rate of interest a
person can charge under the state usury law--Minnesota Statutes Sections
334.01-334.20 (1994). The usury statute provides, in part:
No person shall directly or indirectly take or receive in money,
goods, or things in action, or in any other way, any greater sum, or
any greater value, for the loan or forbearance of money, goods, or
things in action, than $8 on $100 for one year.
The Minnesota Department of Commerce, in conjunction with the Attorney
General's Office, is to report in 1995 to the Legislature whether the current
usury law applies to pawnbrokers. Several states have applied their usury
12
• laws to pawnshops, treating the pawnbroker's transaction as a loan with
property as collateral. The Minnesota statute is unclear, and it is likely that
the Attorney General will be asking the legislature to clarify its intent.
There is a separate statute, however, that prevents a pawnbroker from
"lending money on a pledge at a rate of interest above that allowed by
law"--which at least implies that the general usury statute applies to
pawnbrokers.
In the states that have applied the usury rates to pawnbrokers, the
pawnshops have revamped their stores as "buy-sell" operations, in which
the pawnbroker buys the used or new property from the customer at one
price and resells it for another. This "revamping" can present problems to
the local licensing authority when it attempts to enact licensing ordinances
• for such "buy-sell" businesses. Defining such businesses is difficult without
including every retail store in a city, and equal protection issues may be
presented depending on the distinctions made. Pawnbrokers may also
attempt to avoid a statutory maximum on "interest" by labeling what
formerly was the interest charged on the pawn as "holding fees."
Minnesota may not face these issues if the usury statute is deemed to not
apply to pawnbrokers.
13
•
IV. MINNESOTA CASES ON PAWNBROKERS
City of Rochester v. Bemel, 181 Minn. 596, 233 N.W. 862 (1930)(city ordinance
regulating pawnbrokers and requiring a license was a valid exercise of police
powers; defendant was properly convicted of operating a business without a
license).
City of St. Paul v. Lytle, 68 Minn. 535, 71 N.W. 703 (1897)(ordinance licensing
pawnbrokers is not an unreasonable regulation of business and hence is within the
power granted to the city under police powers doctrine; defendant was properly
convicted of failing to procure a license prior to operating a pawnshop).
City of Duluth v. Bloom, 55 Minn. 97, 56 N.W. 580 (1893) (Duluth ordinance
construed to apply only to pawnbrokers, secondhand stores, and stores of the class
commonly known as "junk shops").
•
V. MINNESOTA STATUTES GOVERNING PAWNBROKERS
A. County Regulation. Minnesota Statutes Sections 471.925-471.929.
Grants authority to counties to regulate the activities of pawnbrokers and
secondhand and junk dealers. The statute provides that the governing body
of any municipality may continue to exercise the authority to regulate
pawnbrokers and secondhand or junk dealers as provided by law but may
contract with the county board of commissioners for administration and
enforcement of countywide regulations or ordinance provisions within the
borders of the municipality.
14
S
B. Criminal Misconduct of Pawnbrokers. Minnesota Statutes Section 609.81
This old provision prohibits pawnbrokers from:
(1) lending money on a pledge at a rate of interest above that
allowed by law;
(2) possessing stolen goods and refusing to permit a law
enforcement officer to examine them during usual business hours;
(3) after having sold pledged goods, refusing to disclose to the
pledgor the name of the purchaser or the price for which the property sold;
(4) making a loan on a pledge to a person under lawful age
without the written consent of the person's parent or guardian.
C. Data Practices Provision. Minnesota Statutes Section 13.82, subd. 13.
'• Data that uniquely describe stolen, lost, confiscated, or recovered property
or property described in pawn shop transaction records are classified as
either private data on individuals or nonpublic data depending on the
content of the not public data.
D. State-Regulated Loan Companies. Minnesota Statutes Section 56.002.
The chapter on state-regulated loans and state-licensed loan companies
does not apply to "persons doing business under and as permitted by any
law of this state or of the United States relating to . . .licensed
pawnbrokers."
15
E. Usury Statute. Minnesota Statutes Section 334.01.
•
This chapter on moneyand rates of interest maynot 1 to pawnbrokers
P apply
who "loan" money on property. The pawnbroker-pledgor relationship may
not constitute a "contract" under this statute, because the pledgor does not
need to pay back the money.
VI. CONCLUSION
Although much of the case law regarding pawnbrokers is quite dated, it
nevertheless provides a firm foundation for the government's strict regulation of
the activities of pawnbrokers. A comprehensive regulatory scheme can prevent
pawnshops from facilitating criminal activity by others. Such a scheme can also
provide a tool to local police departments in recovering stolen property and
apprehending thieves. The law gives cities and states much discretion in regulating
and placing licensing restrictions on pawnbrokers, primarily because courts take
judicial notice of the fact that pawnbroking operations can facilitate the
commission of crimes. A long history of strict regulation of this industry by
government also allows courts to reach the conclusion that expectations of
business privacy by pawnbrokers are more limited.
410
16
IIty0
bloomf ington, minnesota
Division U. Pawnbrokers/Precious Metal Dealers
Added by Ord. No. 91-14, 2-25-91
SEC. 14.295.12. DEFINITIONS.
The following words and terms when used in this Division shall have the following meanings
unless the context clearly indicates otherwise:
Issuing Authority- The City of Bloomington Business License Section.
Item containing precious metal - an item made in whole or in part of metal and containing
more than one (1) percent by weight of silver, gold, or platinum.
Minor- any natural person under the age of 18 years.
Pawnbroker- a person who loans money on deposit or pledge of personal property or other
valuable thing; who deals in the purchasing of personal property or other valuable thing on
condition of selling that same back again at a stipulated pric.:; or who loans money secured by
chattel mortgage or on personal property, taking possession of the property or any part thereof
so mortgaged. To the extent that a pawnbroker business includes buying personal property
previously used, rented, or leased, the provisions of this Division shall be applicable. Any bank,
savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of
this Division.
Pawnshop- any business establishment operated by a pawnbroker.
Person - one or more natural persons; a partnership, including a limited partnership; a
corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision
of the state; or any other business organization.
Precious Metal Dealer- any person engaging in the business of buying coins or secondhand
items containing precious metal, including, but not limited to, jewelry, watches, eating utensils,
candlesticks, and religious and decorative objects. Persons conducting the following
transactions shall not be deemed to be Precious Metal Dealers:
(1) Transactions at ocasional "garage" or "yard" sales, or estate sales or farm
auctions held at the decedent's residence, except that precious metal dealers must comply with
the requirements of Minnesota Statutes, Sections 325F.734 to 325F.742, for these transactions.
(2) Transactions regulated by Minnesota Statutes, Section 80A.
(3) Transactions regulated by the Federal Commodity Futures Commission Act.
(4) Transactions involving the purchase of precious metal grindings, filings, slag,
sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof.
(5) Transactions involving the purchase of photographic film, such as lithographic and
X-ray film, or silver residue or flake recovered in lithographic and X-ray film processing.
(6) Transactions involving coins, bullion, or ingots.
(7) Transactions in which the secondhand item containing precious metal is
exchanged for a new item containing precious metal and the value of the new item exceeds the
value of the secondhand item, except that a person who is a precious metal dealer by engaging
in a transaction which is not exempted by this section must comply with the requirements of
Minnesota Statutes, Sections 325F.734 to 325F.742.
(8) Transactions between precious metal dealers if both dealers are licensed under
Minnesota Statutes, Section 325F.733, or if the seller's business is located outside of the state
and the item is shipped from outside the state to a dealer licensed under Minnesota Statutes,
Section 325F.733.
(9) Transactions in which the buyer of the secondhand item containing precious metal
is engaged primarily in the business of buying and selling antiques, and the items are resold in
an unaltered condition except for repair, and the items are resold at retail, and the buyer paid
less than $2,500 for secondhand items containing precious metals purchased within any period
of twelve (12) consecutive months.
Precious Metals- silver, gold, or platinum.
(Added by Ord. No. 91-14, 2-25-91; Ord. No. 93-51, 12-13-93)
SEC. 14.295.13. PURPOSE.
` i
The City Council finds that pawnbrokers and precious metal dealers potentially provide an
opportunity for the commission of crimes and their concealment because such businesses have
the ability to receive and transfer stolen property easily and quickly. The City Council also finds
that consumer protection regulation is warranted in transactions involving pawnbrokers and
precious metal dealers. The purpose of this division is therefore to prevent pawnbroking and
precious metal businesses from being used as facilities for commission of crimes and to assure
that such businesses comply with basic consumer protection standards, thereby protecting the
public health, safety, and general welfare of the citizens of the City.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.14. LICENSE REQUIRED.
No person shall exercise, carry-on, or be engaged in the trade or business of pawnbroker or
precious metal dealer within the City unless such person is currently licensed under this Division.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.15. APPLICATION CONTENT.
In addition to any information that may be required by the County pursuant to Minnesota
Statutes, Section 471.924, every application for a license under this Division shall be made on a
form supplied by the issuing authority and shall contain the following information:
(1) If the applicant is a natural person:
(a) The name, place and date of birth, street resident address, and phone
number of the applicant.
(b) Whether the applicant is a citizen of the United States or a resident alien.
(c) Whether the applicant has ever used or has been known by a name other
than the applicant's name, and if so, the name or names used and information concerning dates
and places where used.
(d) The name of the business if it is to be conducted under a designation, name,
or style other than the name of the applicant and a certified copy of the certificate as required by
Minnesota Statutes, Section 333.01.
(e) The street addresses at which the applicant has lived during the preceding
five (5) years.
(f) The type, name, and location of every business or occupation in which the
applicant has been engaged during the preceding five (5) years and the name(s) and address(es)
of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years.
(g) Whether the applicant has ever been convicted of a felony, crime, or
violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish
information as to the time, place, and offense for which convictions were had.
(h) The physical description of the applicant.
(i) If the applicant is married:
(i) the name, place and date of birth, and street address of the applicant's
current spouse.
(ii) the type, name, and location of every business or occupation in which
the applicant's current spouse has been engaged during the preceding five (5) years.
(iii) the names and addresses of the employers or partners of the applicant's
current spouse for the preceding five (5) years.
(iv) whether the applicant's current spouse has ever been convicted of any
felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant
shall furnish information as to the time, place, and offense for which convictions were had.
(2) If the applicant is a partnership:
(a) The name(s) and address(es) of all general and limited partners and all
information concerning each general partner required in subpart (1) of this Section.
(b) The name(s) of the managing partner(s) and the interest of each partner in
the pawnbroker or precious metal dealer business.
(c) A true copy of the partnership agreement shall be submitted with the
• application. If the partnership is required to file a certificate as to a trade name pursuant to
Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the
application.
(3) If the applicant is a corporation or other organization:
(a) The name of the corporation or business form, and if incorporated, the state
of incorporation.
(b) A true copy of the Certificate of Incorporation, Articles of Incorporation or
Association Agreement, and By-laws shall be attached to the application. If the applicant is a
foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06,
shall be attached.
(c) The name of the manager(s), proprietor(s), or other agent(s) in charge of the
business and all information concerning each manager, proprietor, or agent required in subpart
(1) of this Section.
(d) A list of all persons who control or own an interest in excess of five (5)
percent in such organization or business form or who are officers of the corporation or business
form and all information concerning said persons required in subpart (1) above.
(4) For all applicants:
(a) Whether the applicant holds a current pawnbroker, precious metal dealer, or
secondhand goods dealer license from any other governmental unit and whether the applicant is
licensed under either Minnesota Statutes, Section 471.924, or Minnesota Statutes, Sections
325F.731-325F.744.
(b) Whether the applicant has previously been denied a pawnbroker, precious
metal dealer, or secondhand goods dealer license from any other governmental unit.
(c) The names, street resident addresses, and business addresses of three
residents of Hennepin, Ramsey, Anoka, Carver, Dakota, Washington or Scott County, who are of
good moral character and who are not related to the applicant or not holding any ownership in
• the prrmises or business, who may be referred to as to the applicant's and or manager's
character.
(d) The location of the busirsess prey rises.
(e) The legal description of the premises to be licensed.
(f) Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid, the years and amounts that are
unpaid.
(g) Whenever the application is for premises either planned or under
construction or undergoing substantia; alteration, the application shall be accompanied by a set
of preliminary plans showing the design of the proposed premises to be licensed. If the plans or
design are on file with the City of Bloomington Building and Inspection Division, no plans need
be submitted with the issuing authority.
(h) Such other information as the City Council or issuing authority may require.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.16. APPLICATION EXECUTION.
All applications for a license under this Division shall be signed and sworn to. If the
application is that of a natural person, it shall be signed and sworn to by such person; if that of a
corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if
that of an unincorporated association, by the manager or managing officer thereof.
Any falsification on a license application shall result in the denial of a license.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.17. APPLICATION VERIFICATION.
• All applications shall be referred to the issuing authority for verification and investigation of
the facts set forth in the application. The issuing authority shall make a written report and
recommendation to the City Council as to issuance or nonissuance of the license. The City
Council may order and conduct such additional investigation as it deems necessary.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.18. APPLICATION CONSIDERATION.
(a) The City Council shall conduct a hearing on the license application within a reasonable
period following receipt of the issuing authority's report and recommendation regarding the
application. At least ten (10) days in advance of the City Council hearing on an application, the
issuing authority shall cause notice of the hearing to be published in the official newspaper of the
City, setting forth the day, time, and place of the hearing; the name of the applicant; the
premises where the business is to be conducted; and the type of license which is sought. At the
hearing, opportunity shall be given to any person to be heard for or against the granting of the
license. Additional hearings on the application may be held if the City Council deems additional
hearings necessary. After the hearing or hearings on the application, the City Council may, in its
discretion, grant or deny the application.
(b) If an application is granted for a location where a building is under construction or not
ready for occupancy, the license shall not be delivered to the licensee until a certificate of
occupancy has been issued for the licensed premises.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.19. RENEWAL APPLICATION.
(a) All licenses issued under this Division shall be effective for one (1) year from the date
of approval by the City Council. An application for the renewal of an existing license shall be
made prior to the expiration date of the license and shall be made in such form as the issuing
authority requires. If, in the judgment of the City Council, good and sufficient cause is shown by
an applicant for the applicant's failure to submit a renewal application before the expiration of the
existing license, the City Council may, if the other provisions of this Article are complied with,
grant the renewal application.
(b) A license under this Article will not be renewed:
(1) if the City Council determines that the licensee has failed to comply with the
provisions of this Division in preceding license years.
(2) if the licensee or, if the licensee does not manage the establishment, the manager
of the licensed premises is not a resident of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
or Washington counties on the date the renewal takes effect.
(3) if in the case of a partnership, the managing partner or other person who manages
the establishment is not a resident of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or
Washington counties on the date the renewal takes effect.
(4) if in the case of a corporation, or other organization, the manager, a proprietor, or
agent in charge of the establishment is not a resident of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or Washington counties on the date the renewal takes effect.
(5) the time for establishing residence in the above-named counties may for good
cause be extended by the City Council.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.20. FEES.
(a) Application Fee.
(1) The license application fee shall be as set forth in Section 14.03 of this Code. The
fee paid shall be refunded in accordance with Section 14.08 of this Code, except that the fee
shall be refunded on a monthly basis.
(2) The license application fee shall be paid in full before the application for a license
shall be accepted. Upon rejection of any application for a license or upon withdrawal of any
application before City Council approval, the license fee shall be refunded in full to the applicant
• except where rejection is for a willful misstatement in the license application.
(3) When the license is for premises where the building is not ready for occupancy,
the time fixed for computation of the license fee for the initial license period shall be ninety (90)
days after approval of the license by the City Council or upon the date the building is ready for
occupancy, whichever is sooner.
(4) When a new license application is submitted as a result of incorporation by an
existing licensee and the ownership, control, and interest in the license are unchanged, no
additional fee shall be required.
(b) Investigation Fee.
(1) An applicant for any license under this Division shall deposit with the issuing
authority at the time an original application is submitted, $1,500 to-cover the costs involved in
verifying the license application and to cover the expense of any investigation needed to assure
compliance with this Division.
(2) If the investigation and verification process is conducted solely within the State of
Minnesota, the fee shall be $500, and the remainder of the deposit shall be returned to the
applicant. If the investigation and verification process is conducted outside the State of
Minnesota, the issuing authority may recover the actual investigation costs not exceeding
$1,500.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.21. PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE.
(a) No license under this Division shall be issued to an applicant who is a natural person if
such applicant:
(1) Is a minor at the time the application is filed;
• (2) Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker or
a precious metals dealer as prescribed by Minnesota Statutes, Section 364.03, subdivision 3;
(3) Is not a citizen of the United States or a resident alien;
(4) Is not of good moral character or repute; or
(5) Holds an intoxicating liquor license under Sections 13.38-13.57 of this Code.
(b) No license under this Division shall be issued to an applicant that is a partnership if
such applicant has any general partner or managing partner.
(1) Who is a minor at the time the application is filed;
(2) Who has been convicted of any crime directly related to the occupation licensed
as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the duties of a
pawnbroker or a precious metals dealer as prescribed by Minnesota Statutes, Section 364.03,
subdivision 3;
(3) Who is not a citizen of the United States or a resident alien;
(4) Who is not of good moral character or repute; or
(5) Who holds an intoxicating liquor license under Sections 13.38-13.57 of this Code.
(c) No license under this Division shall be issued to an applicant that is a corporation or
other organization if such applicant has any manager, proprietor, or agent in charge of the
business to be licensed:
(1) Who is a minor at the time the application is filed;
(2) Who has been convicted of any crime directly related to the occupation licensed
as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the duties of a
• pawnbroker or precious metals dealer as prescribed by Minnesota Statutes, Section 364.03,
subdivision 3;
(3) Who is not a citizen of the United States or a resident alien;
(4) Who is not of good moral character or repute; or
(5) Who holds an intoxicating liquor license under Sections 13.38-13.57 of the Code. 4i0
(d) The following locations shall be ineligible for a license under this Division:
(1) No license shall be granted or renewed for operation on any property on which
taxes, assessments, or other financial claims of the State, County, School District, or City are
due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes,
Sections 278.01-278.03, questioning the amount or validity of taxes, the City Council may on
application waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after
becoming due.
(2) No license shall be granted or renewed if the property on which the business is to
be conducted is owned by a person who is ineligible for a license under any of the requirements
in Section 14.295.21(a)-(c) of this Code, except that a property owner who is a minor or who has
been convicted of a crime, other than a crime involving theft, shall not make the premises
ineligible under this subsection.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.22. GENERAL LICENSE RESTRICTIONS.
(a) Recordkeepina. At the time of a receipt of an item of property, whether sold or pawned,
the pawnbroker or precious metal dealer shall immediately record, using the English language,
on computer disc or in a book or journal which has page numbers that are preprinted and in an
indelible ink, the following information:
(1) An accurate description of the item of property including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or other identifying
mark on such item;
(2) The date and time the item of property was received by the pawnbroker or
precious metals dealer;
(3) The name, address, and date of birth of the person from whom the item of
property was received.
(b) Inspection of Records. The pawnbroker or precious metal dealer shall make available
the information required in subpart (a) of this Section at all reasonable times for inspection by the
City Police Department or issuing authority. The information required in subpart (a) of this
Section shall be retained by the pawnbroker or precious metal dealer for at least four(4) years.
(c) Items for Which Daily Reports to Police are Required. For the following items whether
sold or pawned, the pawnbroker or precious metal dealer shall complete forms approved by the
City Police Department or issuing authority and send the forms daily to the City Police
Department:
(1) Any item with a serial number, identification number, or "Operation Identification"
number;
(2) Cameras;
(3) Electronic audio or video equipment;
(4) Precious jewelry, gems, and metals;
(5) Artist-signed or artist-attributed works of art;
(6) Guns;
(7) Any item not included in (1)-(6) above, except furniture and kitchen or laundry
appliances, which the pawnbroker or precious metal dealer intends to sell for more than two
hundred dollars ($200).
(d) Daily Report Forms. The daily report forms submitted to the City Police Department
shall contain the following information:
(1) An accurate description of the item of property including, but not limited to, any
• trademark, identification number, serial number, model number, brand name, or other identifying
mark on such item;
(2) The price of the item paid by the pawnbroker or precious metal dealer, and
whether the item was purchased or pawned;
(3) The date, time, and place of receipt of the item;
(4) The name, address, and date of birth of the person from whom the item was
received;
(5) The identification number from one of the following forms of identification of the
person from whom the item was received:
(i) A valid driver's license;
(ii) A Minnesota Identification Card; or
(iii) A photo identification issued by the state of residency of the person from
whom the item was received.
(e) Police Order to Hold Property. Whenever the City Police Department notifies the
pawnbroker or precious metal dealer not to sell an item, the item shall not be sold or removed
from the licensed premises until authorized to be released by the City Police Department.
(f) Holding Period for Pawnbrokers. Any item sold or pawned to a pawnbroker for which a
report to the police is required under subpart (c) of this Section shall not be sold or otherwise
transferred for thirty (30) days after the date of the sale or pawn. However, an individual may
redeem an item pawned seventy-two (72) hours after the item was received on deposit by the
pawnbroker excluding Sundays and legal holidays.
(g) Receipt. The pawnbroker or precious metal dealer shall provide a receipt to the seller
or pledger of any item of property received, which shall include:
('. (1) The name, address, and phone number of the pawnbroker or precious metal
dealer business.
(2) The date on which the item was received by the pawnbroker or precious metal
dealer.
(3) A description of the item received and amount paid to- the pledger or seller in
exchange for the item pawned or sold.
(4) The signature of the pawnbroker or precious metal dealer or agent.
(5) The last regular business day by which the item must be redeemed by the pledger
without risk that the item will be sold and the amount necessary to redeem the pawned item on
that date.
(6) The annual rate of interest charged on pawned items received.
(7) The name and address of the seller or pledger.
(h) Hours of Operation. No pawnbroker or precious metal dealer shall keep the
pawnbroker or precious metal dealer business open for the transaction of business an any day of
the week before 7:00 a.m. or after 10:00 p.m.
(i) Minors. The pawnbroker or precious metal dealer shall not purchase or receive
personal property of any nature on deposit or pledge from any minor.
(j) Inspection of Items. The pawnbroker or precious metal dealer shall, at all times during
the term of the license, allow the City Police Department or issuing authority to enter the
premises where the pawnbroker or precious metals dealer business is located, for the purpose of
inspecting such premises and inspecting the items, ware, and merchandise therein for the
purpose of locating items suspected or alleged to have been stolen or otherwise improperly
disposed of.
•
(k) License Display. A license issued under this Division must be posted in a conspicuous
place in the premises for which it is used.. The license issued is only effective for the compact
and contiguous space specified in the approved license application.
(I) Maintenance of Order. A licensee under this Division shall be responsible for the
conduct of the business being operated and shall maintain conditions of order.
(m) Gambling. No licensee under this Division may keep, possess, or operate, or permit
the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette
wheels, punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or
tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment
authorized under Minnesota Statutes, Sections 349.11-349.60, may be kept or operated and no
raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of
lottery tickets may take place on the licensed premises as authorized by the director of the lottery
pursuant to Minnesota Statutes, Section 349.01-349.15.
(n) Prohibited Goods. No licensee under this Division shall accept any item of property
which contains an altered or obliterated serial number or "Operation Identification" number or
any item of property whose serial number has been removed.
(o) Proper Identification. A licensee under this Division shall not accept items of property
unless the seller or pledger provides to the pawnbroker or precious metal dealer one of the
following forms of identification:
(i) a valid driver's license;
(ii) a Minnesota Identification Card; or
(iii) a photo identification issued by the state of residency of the person from whom the
item was received.
No other forms of identification shall be accepted.
(p) Redemption Period. The date by which an item of property that has been pawned must
be redeemed by the pledger without risk that the item will be sold must be a day on which the
pawnbroker or precious metal dealer is open for regular business.
(q) Photograph Requirement for Pawnbrokers. The City Council finds that the safety of the
public is compromised when stolen property is easily pawned or sold to pawnbrokers. Given the
nature of the business of pawnbrokers and the attraction pawnshops have to the criminally
disposed, the City Council enacts the following license regulation. A pawnbroker shall take either
a photograph or a still video of each person selling or pawning any item of property. If a
photograph is taken, it shall be at least two inches (2") in length by two inches (2") in width and
shall be immediately developed and referenced with the information regarding the person and
the item sold or pawned. The major portion of the photograph shall include a front facial pose.
The pawnbroker shall notify the person of the photograph requirement prior to taking his or her
photograph. If a still video photograph it taken the video camera shall zoom in on the person
pawning or selling the merchandise so as to include a close-up of the person's face. The video
photograph shall be referenced by time and date so as to correspond to the merchandise sold or
pawned by the person. The pawnbroker shall, by adequate signage, inform the person that he or
she is being videotaped. The photographs and videotape shall be kept by the pawnbroker for
four(4) months.
(r) Holding Period for Precious Metal Dealers. Any item received by a precious metal
dealer for which a report to the police is required under subpart (c) of this Section shall not be
sold or otherwise transferred for two (2) weeks after the date of the sale or pawn.
(Added by Ord. No. 91-14, 2-25-91; Ord. No. 93-51, 12-13-93)
SEC. 14.295.23. RESTRICTIONS REGARDING LICENSE TRANSFER.
• Each license under this Division shall be issued to the applicant only and shall not be
transferable to any other person. No licensee shall loan, sell, give or assign a license to another
person.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.24. SUSPENSION OR REVOCATION OF LICENSE.
(a) The City Council may suspend or revoke a license issued under this Division upon a
finding of a violation of: (1) any of the provisions of this Division; (2) any state statute regulating
pawnbrokers or precious metal dealers; or (3) any state or local law relating to moral character
and repute. Any conviction by the pawnbroker or precious metal dealer for theft, receiving stolen
property, or any other crime or violation involving stolen property shall result in the immediate
suspension pending a hearing on revocation of any license issued hereunder.
(b) Except in the case of a suspension pending a hearing on revocation, a revocation or
suspension by the City Council shall be preceded by written notice to the licensee and a public
hearing. The written notice shall give at least eight (8) days' notice of the time and place of the
hearing and shall state the nature of the charges against the pawnbroker or precious metal
dealer. The Council may, without any notice, suspend any license pending a hearing on
revocation for a period not exceeding thirty (30) days. The notice may be served upon the
pawnbroker or precious metal dealer by United States mail addressed to the most recent address
of the business in the license application.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.x;5. 3. PROHIBITED ACTS.
• (a) No pawnbroker licensed under this Division shall:
(1) Lend money on a pledge at a rate of interest above that allowed by law;
(2) Possess stolen goods;
(3) Sell pledged goods before the time to redeem has expired;
(4) Refuse to disclose to the pledger, after having sold pledged goods, the name of
the purchaser or the price for which the item sold;
(5) Make a loan on a pledge to a minor.
(b) No precious metal dealer licensed under this Division shall:
(1) Possess stolen goods; or
(2) Purchase property from a minor.
(Added by Ord. No. 91-14, 2-25-91)
SEC. 14.295.25.01. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Division is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Division.
The City Council hereby declares that it would have adopted this Division and each section,
subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid.
(Added by Ord. No. 93-51, 12-13-93)
SEC. 14.295.25.02. PENALTY.
A violation of this Division shall be a misdemeanor under Minnesota law.
• (Added by Ord. No. 93-51, 12-13-93)
ORDINANCE NO. 94- 677
AN ORDINANCE ADDING A NEW SECTION 812 TO,
AND AMENDING SECTION 1405. 00 OF, THE CITY CODE
REGARDING PAWNBROKERS AND PRECIOUS METAL DEALERS
THE CITY OF MINNETONKA DOES ORDAIN:
Section 1. The Minnetonka City Code is amended by the addition
of a new Section 812 to read as follows:
Section 812 - Pawnbrokers and Precious Metal Dealers Licenses
812 . 00 Purpose. The City Council finds that pawnbrokers
and precious metal dealers potentially provide an opportunity for
the commission and concealment of crimes. Such businesses have the
ability to receive and transfer stolen property easily and quickly.
The City Council also finds that consumer protection regulation is
warranted in transactions involving pawnbrokers and precious metal
dealers. The purpose of this section is to prevent pawnbroking and
precious metal businesses from being used as facilities for
commission of crimes and to ensure that such businesses comply with
basic consumer protection standards, thereby protecting the public
health, safety and general welfare of the citizens of the City.
812 . 05 Definitions.
1. "Item containing precious metal" means an item made in
whole or in part of metal and containing more than one percent
by weight of silver, gold or platinum.
2 . "Minor" means any natural person under the age of 18
years.
3 . "Oversized items" means large items such as cars, boats,
and other motorized vehicles and motorized equipment.
4 . "Pawnbroker" means a person who loans money on deposit or
pledge of personal property or other valuable thing;' who deals
in the purchasing of personal property or other valuable thing
' on condition of selling the same back again at a stipulated
price; or who loans money secured by chattel mortgage on
personal property, taking possession of the property or any
part thereof so mortgaged. To the extent that a pawnbroker
business includes buying personal property previously used,
rented, or leased, the provisions of this section shall be
applicable. Any bank, savings and loan association, or credit
union shall not be deemed a pawnbroker for purposes of this
section.
5 . "Person" means one or more natural persons; a 41,
partnership, including a limited partnership; a corporation;
ORDINANCE 94- 677
•
Page 2
including a foreign, domestic, or nonprofit corporation; a
trust; a political subdivision of the state; or any other
business organization.
6. "Precious Metal Dealer" means any person engaging in the
business of buying coins or secondhand items containing
precious metal, including, but not limited to, jewelry,
watches, eating utensils, candlesticks, and religious and
decorative objects.
7 . "Precious Metals" means silver, gold, or platinum.
8 . "Secondhand item" means tangible personal property,
excluding motor vehicles, which has been previously used,
rented, owned or leased.
812 . 10 License Required. No person shall engage in the
trade or business of pawnbroker or precious metal dealer within the
City unless such person is currently licensed under this ordinance.
812 . 15 Exceptions to License Requirement.
• 1. Precious Metal Dealers conducting the following
transactions are not required to obtain a license under this
Section.
a. Transactions at occasional "garage" or "yard" sales,
or estate sales or farm auctions held at the decedent's
residence, except that precious metal dealers must comply
with the requirements of Minnesota Statutes, Sections
325F.734 to 325F.742 , for these transactions.
b. Transactions regulated by Minnesota Statutes,
Section 80A.
c. Transactions regulated by the Federal Commodity
Futures Commission Act.
d. Transactions involving the purchase of precious
metal grindings, filings, slag, sweeps, scraps, or dust
from an industrial manufacturer, dental lab, dentist, or
agent thereof.
e. Transactions involving the purchase of photographic
film, such a lithographic and x-ray film or silver
residue or flake recovered in lithographic and x-ray film
• processing.
f. Transactions involving coins, bullion, or ingots.
ORDINANCE 94- 677
Page 3
g. Transactions in which the secondhand item containing
precious metal is exchanged for a new item containing
precious metal and the value of the new item exceeds the
value of the secondhand item, except that a person who is
a precious metal dealer by engaging in a transaction
which is not exempted by this Section must comply with
the requirements of Minnesota Statutes, Sections 325F. 734
to 325F. 742 .
h. Transactions between precious metal dealers if both
dealers are licensed under Minnesota Statutes, Section
325F.733 , or if the seller's business is located outside
of the state and the item is shipped from outside the
state to a dealer licensed under Minnesota Statutes,
Section 325F.733 .
i. Transactions in which the buyer of the secondhand
item containing precious metal is engaged primarily in
the business of buying and selling antiques, and the
items are resold in an unaltered condition except for
repair, and the items are resold at retail, and the buyer
paid less than $2,500 for secondhand items containing
precious metals purchased within any period of 12
consecutive months.
2. A person who holds a motor vehicle dealer license is
exempt from the terms of this ordinance with respect to motor
vehicles.
812.20 Persons Ineligible.
1. No license shall be issued to any person who:
a. Is not a citizen of the United States or a resident
alien.
b. Is a minor at the time the application is filed.
c. Has been convicted of any crime directly related to
the licensed occupation and has not shown competent
evidence of sufficient rehabilitation and present fitness
to perform the duties of pawnbroker or precious metal
dealer under Minnesota Statutes, Section 364 . 03 ,
Subdivision 3 , or a person not of good moral character
and repute.
d. Holds a liquor license under Minnetonka Ordinance (
810. 00. •
• ORDINANCE 94- 677
Page 4
e. In the judgment of the City Council is not the real
party in interest or beneficial owner of the business
operated under the license.
f. Has had a pawnbroker or precious metal dealer's
license revoked anywhere within five years of the license
application.
g. In the case of an individual, is not a resident of
the Twin Cities; in the case of a partnership, the
managing partner is not a resident of the Twin Cities; or
in the case of a corporation, the manager is not a
resident of the Twin Cities. The required residency must
be established by the time the license is issued and
maintained throughout the existence of the license and
all renewals. The time for establishing residency within
the Twin Cities may, for good cause, be extended by the
Council. For the purposes of this paragraph, the Twin
Cities shall mean the seven-county metropolitan area
defined by Minnesota Statute, Section 473 . 121,
Subdivision 2 .
ler 812.25 Places Ineligible.
1. No license shall be issued for any place or any business
ineligible for a license under City Ordinance or State law.
2 . No license shall be issued for operation in a residential
zoning district.
3 . No license shall be issued for a place or business which
holds a liquor license.
4 . No license shall be granted for operation on any premises
on which taxes, assessments or other financial claims of the
City or other government agency are delinquent and unpaid.
812.30 License Application.
1. In addition to any information which shall be required by
the County pursuant to Minnesota Statutes, Section 471. 924 ,
every application for a license under this Ordinance shall be
made on a form supplied by the City, shall be verified and
shall contain the following information:
a. Representations as to the applicant's character;
b. The business in connection with which the proposed
license will operate;
ORDINANCE 94- 677
Page 5
c. Whether the applicant is the owner and operator of
the business and if not, who is;
d. Whether the applicant has ever used or been known by
a name other than his/her true name, and if so, what was
the name, or names, and information concerning dates and
places where used;
e. Whether the applicant is married or single. If
married, the true name, place and date of birth and
street address of applicant's spouse;
f. Street address at which applicant and spouse have
lived during the preceding ten years;
g. Kind, name and location of every business or
occupation applicant and spouse have been engaged in
during the preceding ten years;
h. Names and addresses of applicant's and spouse's
employers and partners, if any, for the preceding ten
years;
i. Whether the applicant or spouse has ever been
convicted of a violation of any state law or local
ordinance, other than a non-alcohol related traffic
offense. If so, the applicant shall furnish information
as to the time, place and offense for which convictions
were had;
j . Whether the applicant or spouse has ever been
engaged as an employee or in operating a pawnshop or
precious metal dealership or other business of a similar
nature. If so, applicant shall furnish information as to
the time, place and length of time.
k. Whether the applicant has ever been in military
service. If so, the applicant shall, upon request,
exhibit all discharges.
1. If the applicant is a partnership, the name and
address of all partners and all information concerning
each partner as is required of a single applicant as
above. A managing partner, or partners, shall be
designated. The interest of each partner, or partners in
the business shall be submitted with the application and,
if the partnership is required to file a certificate as
to trade name under the provisions of Minnesota Statute,
Chapter 333 , a copy of the certificate certified by the
ORDINANCE 94- 677
• Page 6
Clerk of District Court shall be attached to the
application.
m. If the applicant is a corporation or other
organization, the applicant shall submit the following:
(1) Name, and if incorporated, the state of
incorporation;
(2) A true copy of the certificate of
incorporation, articles of incorporation or
association agreements;
(3) The name of the manager or proprietor or other
agent in charge of, or to be in charge of the
premises to be licensed, giving all information
about said person as is required in the case of a
single applicant.
(4) A list of all persons who, single or together
with their spouse own or control an interest in
said corporation or association in excess of five
i percent or who are officers of said corporation or
association, together with their addresses and all
information as is required for a single applicant.
n. The amount of the investment that the applicant has
in the business, land, building, premises, fixtures,
furniture, or stock in trade, and proof of the source of
the money.
o. A list of responsible persons, including the names
of owners, managers and assistant managers, who may be
notified or contacted by State or City employees in case
of emergency. These persons shall be residents of the
Twin Cities metropolitan area as defined by 'Minnesota
Statute, Section 473 . 121, Subdivision 2 .
p. Whether the applicant holds a current pawnbroker or
precious metal dealer license from any other governmental
unit and whether the applicant is licensed under
Minnesota Statutes, Section 471. 924 or 325F.731 to
325F.744 .
q. Whether the applicant has ever been denied a
pawnbroker or precious metal dealer license from any
• other governmental unit.
r. The location of the business premises.
ORDINANCE 94- 677
Page 7
s. The legal description of the premises to be licensed
including a map of the area for which the license is
sought, showing dimensions, locations of buildings,
street access and parking facilities.
t. Whether all real estate and personal property taxes
that are due and payable for the premises to be licensed
have been paid, and if not paid, the years and amounts
that are unpaid.
u. Other information which the City deems appropriate.
2 . No person shall make a false statement or material
omission in a license application or investigation. Any false
statement or material omission shall be grounds for denial,
suspension, or revocation of a license.
3. Each licensee shall have the continuing duty to properly
notify the Director of Community Development of any change in
the information or facts required to be furnished on the
application for a license. This duty shall continue
throughout the period of the license. Failure to comply with
this section shall constitute cause for revocation or
suspension of the license.
4 . The application for the renewal of any existing license
shall be made at least 90 days prior to the date of the
expiration of the license and shall be made on the form which
the Council provides.
812. 35 Fees.
1. Every applicant for a license shall pay to the City the
investigation fee specified in Section 1405. 00 of this Code.
This fee shall be for the purpose of conducting a preliminary
background and financial investigation of the applicant. If
the Council believes that the public interest so warrants, it
may require a similar investigation at the time of renewal of
any license. If an investigation is ordered by the City
Council at the time of license renewal, the applicant shall
pay the fee specified above, except that the fee shall be the
smaller of the stated dollar amount or the actual cost of the
investigation. There shall be no refund of the investigation
fee for any person after the investigation has begun.
2 . The annual fees for a pawnshop or precious metal dealer's
license shall be set forth in Section 1405. 00 of this Code.
• ORDINANCE 94- 677
Page 8
3 . Each license shall expire on December 31st of the year in
which it is issued. Fees for licenses issued during the
license year shall be prorated according to the number of
months remaining in the year. For this purpose an unexpired
fraction of a month shall be counted as a whole month which
shall have elapsed.
4 . No refund of any fee shall be made except as authorized
by ordinance.
812 .40 Bond required. At the time of filing an application
for a license, the applicant shall file a bond in the amount of
$5, 000 with the City Clerk. The bond, with a duly licensed surety
company as surety thereon, must be approved as to form by the city
attorney. Said bond must be conditioned that the licensee shall
observe the ordinances of the City, in relation to the business of
pawnbroker and precious metal dealer, and that the licensee will
account for and deliver to any person legally entitled thereto any
articles which may have come into the possession of the licensee as
pawnbroker or precious metal dealer or in lieu thereof such
licensee shall pay the person or persons the reasonable value
thereof.
812 . 45 Granting of Licenses.
1. No license shall be issued until the Police Department
has conducted an investigation of the representations set
forth in the application, the applicant's moral character, and
the applicant's financial status. All applicants must
cooperate with this investigation.
2 . No license shall be issued until the Council has held
public hearings in accordance with the following:
a. Two public hearings shall be held at least 30 days
apart. Notice of the hearings shall be made in the same
manner as that specified in Section 300. 09, Subdivision
3 for a zoning ordinance amendment affecting district
boundaries.
b. At the public hearings all persons interested in the
matter shall be heard, and the hearings may be adjourned
from time to time. No hearing shall be required for a
renewal of a license, but the Council may, at its option,
hold a hearing.
• 3 . The City Council may issue a license before an
investigation, notice and public hearing for an applicant who:
ORDINANCE 94- 677
Page 9
a. Had a license within the previous five years for the
establishment which is specified in the application and
which is continuing to operate under a license;
b. Wishes to resume operation of the business without
sufficient time, through no fault of his or her own, to
meet the normal procedural requirements;
c. Had no criminal license convictions, or license
suspensions or revocations during the prior licensed
period; and
d. Otherwise qualifies and meets the requirements for
a license.
In this situation, the City Council may immediately issue an
interim license to the applicant for a period no longer than
90 days. The applicant must thereafter proceed through the
specified requirements for an investigation, notice, and
public hearing. At the public hearing the Council will decide
whether the license should continue in effect or be revoked.
The applicant shall have no greater right to continuation of
the license than he would have had to issuance of a new
license following the normal procedure without the interim
license.
4 . After investigation and hearing, the Council shall, at
its discretion, grant or deny the application. Each
application shall require five affirmative votes by the City
Council for approval.
5. Each license shall be issued only to the applicant and
for the premises described in the application. No license may
be transferred to another person or place without application
to the Council in the same manner as an application for a new
license. Transfer of 25 percent or more of the stock of a
corporation or of a controlling interest thereof, whichever is
less, shall be deemed a transfer of the license of a corporate
licensee. If the licensee is a corporation which is wholly
owned by another corporation, the same provisions about the
transfer of a stock or a controlling interest shall apply to
that parent corporation, any second parent corporation which
wholly owns the parent corporation, and all other similarly
situated parent corporations up through the chain of
ownership. Transfer of this amount of stock without prior
Council approval is a ground for revocation or suspension of
the license. In addition, each day the licensee operates
under the license after a transfer has taken place without 410
• ORDINANCE 94- 677
Page 10
obtaining Council approval shall be a separate violation of
this ordinance.
6 . Any application for a license may be considered by the
City Council at the same time an applicant is requesting any
land use approvals needed for the site, including site plan
review, rezoning, or an amendment to the Comprehensive Guide
Plan. Final approval of a license shall not be granted until
the City Council has given at least preliminary approval to
any necessary land use request. If an application is granted
for a location where a building is under construction or not
ready for occupancy, the license shall not be delivered to the
licensee until a certificate of occupancy has been issued for
the licensed premises.
7. In the case of the death of a licensee, the personal
representative of a licensee may continue operation of the
business for not more than 90 days after the licensee's death.
812 .50 Conditions of License.
. 1. Generally. Every license is subject to the conditions in
the following paragraphs, all other provisions of this
ordinance,and of any other applicable regulations, ordinance
or State law.
2 . Maintenance of Peace. Every licensee is responsible for
the conduct of his or her place of business and the conditions
of order in it. The act of any employee of the licensed
premises is deemed the act of the licensee as well, and the
licensee shall be liable for all penalties provided by this
ordinance equally with the employee, except criminal
penalties.
3 . Display of License. Every license must be posted in a
conspicuous place in the premises for which it is used.
4 . Record Keeping. At the time of a receipt of an item of
property, every licensee shall immediately record, in English,
in an indelible ink, in a book or journal, which has page
numbers that are preprinted the following information:
a. An accurate description of the item of property
including, but not limited to, any trademark,
identification number, serial number, model number, brand
name, or other identifying mark on such item;
• b. The date and time the item of property was received
by the licensee.
ORDINANCE 94- 677
Page 11
c. The name, address, and date of birth and reasonably
accurate physical description of the person from whom the
item of property was received.
d. The amount of money loaned upon or pledged for the
item.
e. The identification number from one of the following
forms of identification of the person from whom the item
was received:
(1) a valid Minnesota photo driver's license;
(2) a Minnesota photo Identification Card;
(3) a photo identification card issued by the
state of residency of the person from whom the item
was received, and one other valid form of
identification;
(4) passport; or
(5) military photo identification.
5. Photographic Record. A pawnbroker or precious metal
dealer must obtain a photograph of each person selling or
pawning any item of property. The pawnbroker or precious
metal dealer shall notify the person being photographed prior
to taking his or her picture. The photograph shall be at
least two inches in length by two inches in width and shall be
immediately developed and referenced with the information
regarding the person and the item sold or pawned. The major
portion of the photograph shall include a front facial pose.
The photograph shall be retained by the pawnbroker or precious
metal dealer for 30 days.
6 . Inspection of Records. The licensee shall make available
the information required in Subsection 4 above at all
reasonable times for inspection by the City Police Department.
The information required in Subsection 4 shall be retained by
the pawnbroker or precious metal dealer for at least four
years.
7. Receipts. The licensee shall provide a receipt to the
seller or pledger of any item of property received, which
shall be numbered to correspond to the entry in the licensee's
records and shall include:
a . The name, address, and phone number of the
pawnbroker or precious metal dealer business.
b. The date on which the item was received by the
pawnbroker or precious metal dealer.
ORDINANCE 94- 677
• Page 12
C. A description of the item received and amount paid
to the pledger or seller in exchange for the item pawned
or sold, and whether it was pawned or sold.
d. The signature of the pawnbroker or precious metal
dealer or agent.
e. The last regular business day by which the item must
be redeemed by the pledger without risk that the item
will be sold and the amount necessary to redeem the
pawned item(s) on that date.
f. The annual rate of interest charged on pawned items
received.
g. The name and address of the seller or pledger.
8. Reports to Police. For the types of items listed below,
the licensee must submit to the City Police Department on a
daily basis a list of the specific items purchased or received
that day. The list must be on forms approved by the City and
` must contain all of the information itemized in Subsection 4
above.
a. Any item with a serial number, identification
number, or "Operation Identification" number;
b. Cameras;
c. Electronic, audio, video or radar detection
equipment;
d. Precious jewelry, gems and metals;
e. Artist-signed or artist-attributed works of art;
f. Firearms, as defined in section 515 . 01, Subd. 3 of
this Code. ;
g. Any item not included in (a) - (f) above which the
pawnbroker or precious metal dealer intends to sell for
more than $200, except for furniture and kitchen or
laundry appliances.
The forms shall contain all the information itemized in
Subsection 4 above.
• 9. Stolen or Lost Property. A pawnbroker or precious metal
dealer must report to City police any item pledged or
ORDINANCE 94- 677 t
Page 13 •
received, or sought to be pledged or received, if the
pawnbroker or precious metal dealer has reason to believe that
the article was stolen or lost.
10. Police Restrictions on Sale or Redemption. Whenever the
City Police Department notifies the licensee not to sell an
item, the item shall not be sold or removed from the licensed
premises until authorized to be released by the City Police
Department.
11. Redemption or Sale. Any item received by the pawnbroker
or precious metal dealer for which a report to the City police
is required shall not be sold or otherwise transferred, or in
the case of precious metal, melted down or dismantled, for 30
days after the date of such report to the police. However, a
person may redeem a pawned item 72 hours after the item was
received by the pawnbroker or precious metal dealer, excluding
Sundays and legal holidays.
12. Inspection of Items.
a. Inspection by City. The pawnbroker or precious
metal dealer shall, at all times during the term of the
license, allow the City Police Department to enter the
premises where the pawnbroker or precious metals dealer
business is located and any other premises where items
purchased or received as part of the business are stored,
for the purpose of inspecting such premises and the
merchandise therein to locate items suspected or alleged
to have been stolen or otherwise improperly disposed of.
b. Inspection by Claimants. Additionally, all the
items coming into possession of the licensee shall at all
times be open to inspection and right of examination of
any person claiming to have been the owner thereof or
claiming to have any interest therein, when such person
is accompanied by a City police officer.
13 . Payment by Check. Payment by the licensee for any
article deposited, left, purchased, pledged or pawned, shall
be made only by check, draft, or other negotiable or
nonnegotiable instrument or order of withdrawal which is drawn
against funds held by a financial institution.
14 . Gambling. No licensee may keep, possess, or operate, or
permit the keeping, possession, or operation on the licensed
premises of dice, slot machines, roulette wheels, punchboards,
blackjack tables, or pinball machines which return coins or .
slugs, chips, or tokens of any kind, which are redeemable in
411 ORDINANCE 94- 677
Page 14
merchandise or cash. No gambling equipment authorized under
Minnesota Statutes, Section 349. 11 - 349 . 61, may be kept or
operated and no raffles may be conducted on the licensed
premises and/or adjoining rooms. The purchase of lottery
tickets may take place on the licensed premises as authorized
by the director of the lottery pursuant to Minnesota Statutes,
Section 349A. 01 - 349A. 15.
15. Oversized Items. All items must be stored within the
licensed premises building, except the City may permit the
licensee to designate one locked and secured warehouse
building within the City within which the licensee may store
oversized items. No item may be stored in the designated
warehouse building that is not reported in the journal
pursuant to Subdivision 4 above. The licensee shall permit
immediate inspection of the warehouse at any time during
business hours by the City and failure to do so is a violation
of this Ordinance. Oversized items may not be stored in
parking lots or other outside areas. All provisions in this
Section regarding recordkeeping and reporting shall apply to
oversized items.
16. Off Site Sales/Storage. All items accepted by a licensee
at a licensed location in the City shall be for pledge or sale
through a licensed location in the City. No licensee under
this Section shall sell any items which are transferred from
a nonlicensed facility or a licensed facility outside the
City.
17 . Restrictions on Weapons.
a. A pawnbroker or precious metal dealer may not
receive as a pledge or otherwise, or accept for
consignment or sale, any firearm as defined in section
515 . 01, Subd. 3 of this Code, unless the pawnbroker or
precious metal dealer also maintains a federal firearms
dealer's license.
b. A pawnbroker or precious metal dealer may not
receive as a pledge or otherwise, or accept for
consignment or sale, any assault weapon as defined in
section 515 . 01, Subd. 2 of this Code.
812 . 55 Suspensions and Revocations of License
1. Delinquent Taxes. The City Council may suspend or revoke
• a license issued under this Chapter for operation on any
premises on which real estate taxes, assessments or other
financial claims of the City or of the State are due,
ORDINANCE 94- 677
Page 15
delinquent, or unpaid. If an action has been commenced
pursuant to the provisions of Minnesota Statutes Chapter 278,
questioning the amount of validity of taxes, the Council may
on application by the licensee waive strict compliance with
this provision; no waiver may be granted, however, for taxes,
or any portion thereof, which remain unpaid for a period
exceeding one year after becoming due unless such one year
period is extended through no fault of the licensee.
2 . Violations.
a. The Council may either suspend for up to 60 days or
revoke any license or impose a civil fine not to exceed
$2, 000 for each violation upon a finding that the
licensee or an agent or employee of the licensee has
failed to comply with any applicable statute, regulation
or ordinance relating to Section 812 . No suspension or
revocation shall take effect until the licensee has been
afforded an opportunity for a hearing pursuant to
Minnesota Statute Section 14 .57 to 14 . 69, with the
exception of the suspension provided for in Minnetonka
Ordinance 812. 55, Subdivision 2 (b) .
b. Any conviction by the licensee for theft, burglary,
robbery, receiving stolen property or any other crime or
violation involving stolen property shall result in the
immediate suspension pending a hearing on revocation of
any license issued hereunder.
812. 60 Penalty. Except as otherwise provided by State law,
any person violating any provision of this ordinance shall be
subject to the penalties established in Section 1300. 00 of this
Code. Any fine or sentence imposed shall not affect the right of
the City to suspend or revoke the license of the licensee as the
Council deems appropriate.
Section 2 . Minnetonka City Code Section 1405. 00 is amended by
the addition of the following paragraph which shall be inserted
alphabetically and the following paragraphs renumbered accordingly:
29 . 812. 35 Pawnbrokers:
License $10, 000
Investigation Fee $ 1, 500
Precious Metal Dealers:
License $ 500 •
Investigation Fee $ 500
• ORDINANCE 94- 677
Page 16
Section 3 . Any violation of this ordinance is subject to the
penalties and provisions of Chapter XIII of the City Code.
Section 4 . This ordinance is effective 30 days after publication.
Adopted by the City Council of the City of Minnetonka on this 21st
day of March , 1994.
l 0
N . ANDERSON, MAYOR
ATTEST:
(2.4 .4......4e,)9.1...
EL ABETH L NORTON, CITY CLERK
• ACTION ON THE ABOVE ORDINANCE:
Date of first reading: February 28, 1994
Date of second reading: March 21 , 1994
Motion for adoption: Allendorf
Seconded by: Callison
Voted in favor:
Schneider, Callison, Allendorf, Hanus , Countryman, Anderson
Voted against:
Abstained:
Absent: Burke
Ordinance adopted.
Date of publication: 4-6 -5V
(Effective date of ordinance is thirty days after publication. )
LICENSES AND BUSINESS REGULATIONS § 321.20
319.320. Extensions of time. After June 1, CHAPTER 321. SECONDHAND DEALERS*
1984, no extension of time to comply with any of
the requirements of this chapter shall be granted ARTICLE I. GENERALLY
except to a parking lot situated on land scheduled
for development in the immediate future as street 321.10. Definitions. When used in this article,
or highway right-of-way. In the case of a parking the following words shall mean:
_ lot so situated, the city council may grant an ex-
tension of time only to comply with the paving Pawnbroker. A person who loans money on de-
• requirements of section 319.120, the landscaping posit or pledge of personal property,or other valu-
requirements of section 319.200, and the provi- able thing, or who deals in the purchasing of per-
sonal property or other valuable thing on condition
sion of section 319.200 regarding the placement of
attendant buildings. of selling the same back again at a stipulated price,
or who loans money secured by chattel mortgage
A licensee seeking an extension of time shall do on personal property,taking possession of the prop
so by petition to the department of licenses and erty or any part thereof so mortgaged.
consumer services.When a petition has been filed, Receive. To purchase, accept for sale on consign-
a hearing shall be scheduled before the standing ment or take in pawn any secondhand goods.
committee of the city council responsible for li- Secondhand goods dealer. Any person,partner-
censes. No extension of time shall be granted un- shi firm or corporation whose re
less the licensee shows that plans actually exist p' regular business
includes selling or receiving any tangible per-
for the development of the property in the imme- sonal properties, excluding motor vehicles, previ-
diate future and that there are particular hard- ously used, rented or leased. The term second-
ships and practical difficulties in the way of car- hand goods dealer shall include pawnbrokers.(81-
rying out paving and landscaping without delay. Or-153, § 1, 6-12-81)
When an extension of time is granted, it shall 321.20. Exemptions. This article shall not
be in writing and shall specify the date upon which apply to or include the following:
paving and landscaping improvements must be
completed. No extension of time shall be granted (1) The sale of secondhand goods where all of
for a period longer than twelve (12) months. (82- the following are present:
Or-162, § 2, 8-13-82; 84-Or-148, § 1, 8-10-84) (a) The sale is held on property occupied
as a dwelling by the seller or owned,
'Editor's note-81-Or-152, § 1,adopted June 12, 1981,re-
pealed Ch.321,concerning pawnbrokers,secondhand and junk
dealers, consisting of Art. I, Generally, §§ 321.10-321.240,
and Art.II,Dealers in Secondhand School and Library Books,
§§ 321.270-321.290. 81-Or-153, also enacted June 12, 1981,
set out a new Ch. 321. Former Ch. 321 derived from Code
1960, as amended, §§ 334.010, 334.020, 334.025, 334.030,
334.031, 334.040, 334.042, 334.050-334.210, 935.020 and
935.030,plus the following ordinances:
Date Section Ord.No. Section Date
9-28-73 1, 3 76-0r-092 1 6-25-76
4-26-74 1-4 77-Or-147 1 7-15-77
10-11-74 1 80-0r-108 1 5- 9-80
10-31-75 1 81-0r-004 1 1.16-81
Charter reference—Authority to license and regulate
pawnbrokers, secondhand dealers and junk dealers, Ch. 4, §
5(1).
State law references—Misconduct of pawnbrokers,M.S. §
609.81;misconduct of junk or secondhand dealers. §609.815.
Supp. No. 1 1427
§321.20 MINNEAPOLIS CODE
• r '
rented or leased by a charitable or po- identifying themselves to the public as individual
litical organization: dealers, may obtain a multiple secondhand goods .
(b) The items offered for sale are owned by dealer license for that location. No such license
the occupant; shall be issued unless the following requirements
(c) That no sale exceeds a period of are met:
seventy-two (72) consecutive hours; (1) The business shall have a single name and
(d) That no more than two (2) sales are address;
held in any twelve-month period;
(e) That none of the items offered for sale (2) The business shall operate in a compact and
shall have been purchased for resale or contiguous space;
received on consignment for purpose of (3) The business shall be under the unified con-
resale. trol and supervision of one person,partner-
(2) A person licensed under Chapter 348 of the ship, firm or corporation, which shall hold
Minneapolis Code of Ordinances. the license;
(3) The sale of secondhand books, magazines, (4) All sales shall be consummated at a central
sound or video recordings, or films. point or register operated by the owner of
the business,and the owner shall maintain
(4) The sale of goods at an auction held by an a comprehensive account of all sales.
auctioneer licensed under Chapter 271.
(5) The business of buying or selling only those (b) The holder of a secondhand goods dealer Ii-
secondhand goods taken as part or full pay- cense under this section, for a business with more
ment for new goods and where such busi- than one dealer at the same location.shall comply
(le ness is incident to and not the primary busi- with all of the requirements of this chapter, in-
ness of a person. cluding the responsibility for police reporting and
recordkeeping, in the same manner as any other
(6) A bulk sale of property from a merchant, dealer licensed under this chapter. Any dealer li-
manufacturer or wholesaler having an es- censed under this section shall be responsible to
tablished place of business or of goods sold its customers for any stolen or misrepresented
at open sale from bankrupt stock. goods sold at its place of business, in the same
(7) Goods sold at the public market pursuant manner as any other dealer licensed under this
to the provisions of Chapter 202. chapter. (81-Or-153, § 1, 6-12-81)
(8) Goods sold at an exhibition pursuant to Min- 321.50. License fee. (a) The annual license fee
neapolis Code of Ordinances sections for a secondhand goods dealer, not a pawnbroker,
321.190 to 321.250.(85-Or-153,§ 1,6-12-81; shall be one hundred twenty-five dollars($125.00).
85-Or-068, § 1, 4-12-85)
(b) The annual license fee for a secondhand
321.30. License required. No person shall en- goods dealer under section 321.40, for a location
gage in the business of secondhand goods dealer where more than one secondhand goods dealer is
without a secondhand goods dealer license.A sec- engaged in business, shall be three hundred nine
ondhand goods dealer licensed under this chapter dollars ($309.00).
shall also obtain a precious metal dealer's license
if required to do so under Chapter 322. (81-Or- (c) The annual license fee for a pawnbroker shall
153, § 1, 6-12-81) be three hundred sixty-nine dollars ($369.00).
(d) In addition to the fee specified above, an
321.40. Multiple dealers at one location. additional fifty-nine-dollar ($59.00) fee shall be
(a) The owner of a business, at which two (2) or paid by an applicant:
( 0more secondhand goods dealers are engaged in (1) Upon initial application for a license spec-
business by maintaining separate sales space and ified in this section; and
Supp. No. 1 1428
LICENSES AND BUSINESS REGULATIONS §321.90
•
(2) Upon application for the license specified (b) Execution of application. If the applicant is
in this section after failing to renew the a natural person, the application shall be signed
license within one year of the expiration and sworn to by the person; if a corporation,by an
date of the previously held license.The fifty- agent authorized to sign; if a partnership, by a
nine-dollar($59.00)fee shall not be refunded partner.
whether or not the license sought is granted. (c) False statements in application. No person
(81-Or-153, § 1, 6-12-81; 83-Or-126, § 1, shall make any material false statement in any
5-27-83; 86-Or-041, § 1, 3-14-86; 90-Or-014, application. In addition to other penalties, the lic-
§ 1, 1-26-90; 91-Or-049, § 1, 3-29-91) ensee's license may be revoked by the city council
for a violation of this section. (81-Or-153, § 1,
321.60. Expiration of license. All licenses 6-12-81; 91-Or-168, § 1, 8-23-91)
shall expire on July first. (81-Or-153, § 1, 6-12-81) 321.80. Bond required. Before a license will
be issued every applicant must submit a five-
321.70. Application required. (a) [Contents.] thousand-dollar($5,000.00)bond on the forms pro-
Every licensee must complete the application form vided by the department of licenses and consumer
provided by the department of licenses and con- services. All bonds shall be conditioned that the
sumer services. The application form shall con- principal will observe all laws in relation to dealers
tain all information required by the department in secondhand goods, and will conduct business in
of licenses and consumer services including: conformity thereto, and that the principal will ac-
(1) Name, place and date of birth and street count for and deliver to any person legally enti-
tled any goods which have come into the princi-
pal s hand through the principal's business as a
(2) The business address and the name and ad- dealer in secondhand goods,or in lieu thereof,will
dress of the owner of the premises; pay the reasonable value in money to the person.
(81-Or-153, § 1, 6-12-81)
(3) A statement as to whether,within the pre-
ceding five(5)years,the applicant has been 321.90. Records required. Every secondhand
convicted of any law relating to theft, goods dealer, at the time of receipt of an item
damage or trespass to property, sale of a which the dealer intends to resell for thirty dol
controlled substance or the operation of a lars ($30.00) or more, whether inside or outside
business;the nature and date of the offense the City of Minneapolis,shall immediately record,
and the penalty assessed; using the English language,in ink or other indel-
ible medium in a book or word-processing unit,
(4) Whether the applicant is a natural person, the following information:
corporation or partnership:
(1) An accurate description of the item in-
a. If the applicant is a corporation, the eluding,but not limited to,any trademark,
state of incorporation and the names identification number,serial number,model
and addresses of all officers and direc- number, brand name, or other identifying
tors; mark on such item;
b. If applicant is a partnership,the names (2) The purchase price;
and addresses of all partners.
(5) The name of the manager or proprietor of (3) Date, time and place of receipt;
the business. (4) Name, address and date of birth of the
person from whom the item was received;
(6) Applicants for a multiple dealers license
shall provide the full name, birth date, (5) The identification number from any of the
home address,home phone number,address following forms of identification of the
of the principal place of business,and phone seller:
number for that business for all individual (a) Valid driver's license,containing a pie-
dealers. tures
Supp.No. 2 1429
§321.90 MINNEAPOLIS CODE
(b) Valid State of Minnesota identification card, 321.120. Receipt to seller. Every secondhand
containing a picture. goods dealer shall provide upon request a receipt
to the seller or cosigner of any item and maintain
The book as well as the goods received shall at all a duplicate of that receipt for three(3)years which
reasonable times be open to inspection by the po- shall include:
lice department or department of licenses and con-
sumer services. Entries shall be retained for at (1) The name, address and phone number of
least three (3) years. (81-Or-153, § 1, 6-12-81; 86- the business;
Or-270, § 1, 11-21-86; 91-Or-168, § 2, 8-23-91) (2) The date, time and place of receipt;
321.100. Daily reports to police. For the fol- (3) An accurate description of the item pur-
lowing items, regardless of what price the dealer chased including but not limited to, any
intends to resell them for, a secondhand goods trademark, identification number, serial
dealer shall make out, on forms approved by the number, model number, brand name, or
Minneapolis Police Department, and send daily other identifying mark on such item;
by mail to the police department a legible descrip- (4) The signature of the purchaser;
tion of the goods received in the City of Minneap-
olis during the preceding day, together with the (5) The identification number from any of the
time received and a description of the person from following forms of identification of the
whom the goods were received: seller:
a) Items with a serial number, identification
(a) Valid driver's license,containing a pic-
number, or "Operation Identification" tures
symbol; (b) Valid State of Minnesota identification
card, containing a picture. (81-Or-153,
(b) Cameras; § 1, 6-12-81; 91-Or-168, § 3, 8-23-91)
(c) Electronic audio or video equipment;
(d) Precious jewelry or gems, and precious 321.130. Police order to hold property.
metals; 'Whenever the chief of police, or the chief's des-
ignee, notifies a dealer not to sell an item, the
(e) Artist-signed or artist-attributed works of item shall not be sold or removed from the h-
art; tensed premises until authorized to be released
(fl Guns; by the chief or the chief's designee. (81-Or-153, §
1, 6-12-81)
(g) Any item not included in the above,except
furniture and kitchen or laundry appli- 321.140. Prohibited acts. (a) No person under
ances, which the secondhand goods dealer the age of eighteen(18)years shall sell or consign
intends to sell for more than two hundred or attempt to sell or consign any goods with any
dollars ($200.00). (81-Or-153, § 1, 6-12-81; secondhand goods dealer, nor shall any second-
86-Or-270, § 2, 11-21-86) hand goods dealer receive any goods from a person
321.110. Holding period. Any item received under the age of eighteen (18)years.
by a secondhand goods dealer, for which a report (b) No secondhand goods dealer shall receive
to the police is required under section 321.100, any goods from a person of unsound mind or an
shall not be sold or otherwise transferred for intoxicated person.
twelve (12) days after the date of such report to
the police. However, an individual may redeem (c) No secondhand goods dealer shall receive any
an item that he or she pawned seventy-two (72) goods, unless the seller presents identification in
hours after the item was received on deposit, ex- the form of a valid driver's license, containing a
eluding Sundays and legal holidays. (81-Or-153, § picture, or a valid State of Minnesota identifica-
1, 6-12-81) tion card, containing a picture. (81-Or-153, § 1,
Supp. No. 2 1430
LICENSES AND BUSINESS REGULATIONS §321.220
6-12-81; 90-Or-206, § 1, 8-10-90; 91-Or-168, § 4, the dwelling where the sale is conducted. No li-
8-23-91) cense may be transferred to a different location or.
a different person. (81-Or-153, § 1, 6-12-81)
321.150. Denial, suspension or revocation.
Any license under this article may be denied,.sus- ARTICLE II. EXHIBITIONS
pended or revoked for one or more of the following
reasons: 321.190. Definitions. Exhibitions[shall mean]
(1) The proposed use is in conflict with the Min- a temporary exhibition, convention, show or ex-
position polis Zoning Code; position of secondhand goods by any person, asso-
ciation or corporation.No exhibition shall be held
(2) The proposed use is in conflict with any for more than five(5)calendar days.No more than
health, building, building maintenance or twelve (12) exhibitions may be held at a single
other provisions of this Code of Ordinances location in a license year. (81-Or-153, § 1, 6-12-81)
or state law;
(3) The applicant has failed to comply with one 321.200. License required. No person, asso-
or more provisions of this article; dation or corporation shall hold an exhibition
without an exhibition license. The license fee for
(4) Fraud, misrepresentation or bribery in se- an exhibition shall be one hundred twenty-five
curing a license; dollars ($125.00). (81-Or-153, § 1, 6-12-81; 86-Or-
(5) Fraud, misrepresentation or false state- 041, § 1, 3-14-86; 91-Or-041, § 1, 2-22-91; 91-Or-
ments made in the course of the applicant's 049, § 1, 3-29-91)
111
business; 321.210. Application required. Every lic-
(6) Violation within the preceding five(5)years, ensee shall complete the application provided by
of any law relating to theft,damage or tres- the department of licenses and consumer services.
pass to property, sale of a controlled sub- The application form shall contain all informa-
stance, or operation of a business. (81-Or- tion required by the department of licenses and
153, § 1, 6-12-81) consumer services, including:
321.160. Redemption period. Any person (1) The name or names of persons who will be
who pawns an item shall have at least four (4) responsible for the exhibition.
months to redeem the item before it may be sold. (2) The time and place of the exhibition.
(81-Or-153, § 1, 6-12-81) (3) The address, both residence and business,
321.170. Payment by check only. When a of the person or persons who will be respon-
dealer buys or otherwise receives an item at his or sible for the exhibition.
her regular place of business, payment shall be (4) A list of all individuals' full names, birth
made by check only, made payable to a named dates, home address, home phone number,
payee who is the actual intended seller. This sec- address of their principal place of business,
tion shall not apply to pawnbrokers. (81-Or-153, § and phone number for that business to the
1, 6-12-81; Pet. No. 251179, § 209, 12-29-89) extent known at the time of making appli-
cation, who will be exhibiting and selling
321.180. Business at only one place. A li- secondhand goods at the exhibition. (81-Or-
cense under this chapter shall authorize the lic- 153, § 1, 6-12-81; 91-Or-168, § 5, 8-23-91)
ensee to carry on its business only at the perma-
nent place of business designated in the license 321.220. Bond required. Before a license will
except that a licensee may conduct an estate sale be issued every applicant must submit a ten-
('
the dwelling of the owner or prior owner of the thousand-dollar($10,000.00)bond on the forms pro-
goods, provided that all goods offered for sale are vided by the department of licenses and consumer
owned by or were obtained from the occupant of services. All bonds shall be conditioned that the
Supp.No. 2 1431