89-006 ORD
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AN ORDINANCE TO AMEND
THE CODE OF THE
CITY OF ELK RIVER, MINNESOTA
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THE CITY OF ELK RIVER, MINNESOTA, AMENDING THE ELK RIVER
CITY CODE, CHAPTER VII, LICENSING OF REGULATED BUSINESSES
AND ACTIVITIES CREATED IN SECTION 724 - AN ORDINANCE
LICENSING AND REGULATING PAWNBROKERS.
SUMMARY
The City of Elk River City Code Chapter 724 is hereby amended to
include definitions, words, terms relating to pawnbrokers;
license requirements for pawnbrokers to operate within the City
of Elk River; procedures for application, fees and recordkeeping;
and restrictions regarding receipts, bonds, and hours of
operation.
A printed copy of the complete ordinance is on file with the Elk
River City Library and at the office of the Elk River City Clerk.
Passed by the City Council of Elk River, Minnesota, on the 23rd
day of January, 1989.
ATTEST: Patrick D. Klaers, City Administrator
Sandy Thackeray, Deputy City Clerk
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ORDINANCE 89 - 6
AN ORDINANCE AMENDING CHAPER VII, LICENSING OF REGULATED
BUSINESSES AND ACTIVITIES CREATING SECTION 724 -
AN ORDINANCE LICENSING AND REGULATING PAWNBROKERS
The City Council of the City of Elk River does ordain as follows:
724 - Pawnbrokers
724.00 - Definitions. Unless the context clearly
indicates otherwise, the words, terms, and phrases as used in
Section 724.00 et seq., shall have the meaning set forth in the
following paragraphs:
1. Pawnbroker - Pawnbroker shall be any person who makes
a business of lending money upon the security of
personal property pledged or deposited in the
pawnbroker's keeping, or who deals in the purchasing of
personal property or other valuable things on condition
of selling the same back at a stipulated price, or who
loaned money secured by chattel mortgage on personal
property, taking possession of the property or any part
thereof so mortgaged.
2.
Receive. Receive shall mean to purchase, accept for
sale on consignment or take in pawn any second hand
goods.
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724.02 - License Required. It shall be unlawful for any
person to engage in or carryon the business of
pawnbroker without first obtaining a license to carry
on such business in compliance with the provisions of
this Code.
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724.04 - Application. Any person, corporation,
association, or other entity, either as principal or agent,
desiring to engage in or carryon the business or occupation of a
pawnbroker within the corporate limits of the City of Elk River
shall file an application for a license for that purpose with the
City Clerk, which application shall be made in writing at least
twenty (20) days before issuance therof, wherein the application
shall state his/her name, proposed place of business, length of
proposed duration of license, a statement of whether or not the
applicant has ever been convicted of any crime, or misdemeanor,
and, if so, the nature of the offense and the punishment or
penalty assessed therefore, and the names of at least two reliable
property owners in the County of Sherburne, State of Minnesota,
who will certify as to the applicant's good moral character and
business responsibility.
724.06 - Fee and Term. Every person, corporation,
association, or other entity requiring a license shall on or
before the time for filing application for such license, pay to
the City Treasurer of the City of Elk River, a fee fixed from
time to time by resolution of the City Council. The license fee
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shall be for one (1) year or any part thereof, and the license
shall terminate on December 31 next succeeding date of the
issuance of such license.
724.08 - Records.
1. Every person or persons engaged in the occupation of a
pawnbroker shall make a record which shall be legibly
written in ink or typewritten, in the English language,
providing the following information about each article
or thing pawned or pledged:
a. The date of the receipt of the article;
b. The name, residence address, date of birth, and
driver's license number or state ID number of the
person pawning, pledging, or selling the same;
c. A complete description of the article being
pawned, and any other information required by the
City of Elk River Police Department;
d. On Friday of each week the pawnbroker shall mail
or deliver to the Elk River Police Department one
(1) copy of the record made on each item placed in
pawn that week.
724.10 - Receipt. Every such pawnbroker, purchasing or
receiving on deposit for a loan any article of personal property,
shall give to the person selling or depositing such article of
personal property, a plain written or printed ticket of receipt
for the article of personal property sold or deposited, showing
the terms of such sale or loan and showing a complete description
of the article deposited.
724.12 - Bond. Before the license shall be issued to any
person as provided in this Ordinance, the licensee shall cause to
be filed with the City Clerk a surety bond, to be approved by the
City Attorney as to form, in the sum of One Thousand Dollars
($1000), conditioned that said licensee will comply with all the
provisions of this Ordinance, and that the licensee will account
for and deliver to any person legally entitled thereto, any and
all goods, wares, and merchandise, article or thing which may
corne into the licensee's possession while engaged in said
business or occupation of a pawnbroker.
724.14 - Redemption. Any person redeeming an article
shall have 30 days to redeem the article before the pledge
becomes forfeitable.
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724.16 - Police Order to Hold Property. Whenever the
Chief of Police or any member of the police force designated by
the Chief of POlice, shall notify any such dealer or dealers not
to sell any property so received on deposit or purchased by them,
or permit the same to be redeemed, such property shall not be
sold or permitted to be redeemed until such time as may be
reasonably determined by the Chief of Police or member of the
police force designated by the Chief of Police so requiring them
to be held.
724.18 - Hours of Operation. From 9:00 p.m. Saturday to
7:00 a.m. Monday, no property shall be received as a pledge or
purchase by any pawnbroker, nor shall any property be sold during
said hours by any pawnbroker, nor on any other day before 7:00
a.m. nor on any other day after 9:00 p.m.
This ordinance shall take effect and be in full force and
effect from and after the date of its adoption and publication
according to law.
Passed and adopted by the City Council of the City of Elk
River this 20th day of March, 1989.
l ~/. /c ::7. ~1
__,__.-}~~.'C7 1/ Y /c/<-cf<-.J;.-(p
James A. Tralle, Mayor
ATTEST:
· litu,!, V /cj7~
Patrick D. Klaers, City Administrator
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Affidavit of Publication
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
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CREATED IN SECTION'}.4- AN
O~~SING. AND
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'TheCityof:ElkRiver.Ci~~Chap-
ter724 Ui'he"'b1~t<> include
definttior:l.'i~,,'~.!f8lating to
pawnbl'O~)Jicensi'D.& ~~nts
for pawnbroJren.tooperatewithin the
Citr of Elk River; proCedlltea'for appli-
cation..... fees... ...a:ad'..,~" ,iq;.. and
restrictiml8 ~l'8e$ipt8,~nds,
-hours of;operation'i .' '"
A.P._....ted.. . .~..".;Ofthe~. tnPkte.ordi-.
nance.onme.~_RiverCity
Li.'brBJ'1..,alldlltth,.l.e. ...ofIIfe.. ..'Of'...,the,Elk
Rivetcity CI,erk."., ."; .'." '. " J,.
Pa88eQby;tfte;Ci~/~cll, ofrElk
River, Minne~ ont;he.23J1i dliJ1i~f
i~l~~~tn.'~,/City
AclmiDistratOOr', ',',,': ,',', '"
$~e>'.~'(@}Uty;~Clerk
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being duly sworn, on oath says tha he/she is the puhIisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A02. 331A07, and other applicable
laws.asa2~3. ()1;ie .)
(B) The printed ~}~U
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which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I s;:j-
cessive weeks; it was first published on Wednesday, the c;2.flL
day of )'Y1 ~ , 19--tl, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the day of ,19_;
and printed below is a copy ofthe lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a b c de fg h ij k 1m n 0 p q r s t u v w x y z
BY:
TITLE:
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Subscribed and sworn to before me on this c1.. y. day of
)11 w'\-c.)v ,19~. ,
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o ary~ ._;;::;;;':'" _ ~
/'"~ 1\'>::;--" CINDY M. SOHlMiNSK! ~
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RATE
(1) Lowest classified rate pal y
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
ANOKA COUNTY
if)Nion Expire. JUlt" 10, It'~J :..
$ 30.lQ
$ 1<6.15
$ 11,.15