96-022 ORD ORDINANCE 96- 22
CITY OF ELK RIVER
AN ORDINANCE OF T~E CITY OF ELK RIVER, MINNESOTA, AMENDING
CHAPTER VII OF THE CITY CODE, LICENSING OF RELATED BUSINESS
~ ACTIVITIES, BY REPEALING SECTION 724, PAWNBROKERS, A1FD
ENACTING A NEW SECTION 724 IN LIEU T~EREOF RELATING TO TEE
SA/~E SUBJECT ENTITLED PAWNBROKERS
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. That Section 724 of the City of Elk River Code of
Ordinances, Pawnbrokers, is hereby repealed and one new section
adopted in lieu thereof, which shall read as follows:
SECTION 724 - PAWNBROKERS
PURPOSE: The City Council finds that pawnbrokers 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. The purposes of this Section
is therefore to prevent pawnbroking 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.
724.00 DEFINITIONS
APPROPRIATE LAW ENFORCEMENT AGENCY: "Appropriate law enforcement"
agency means the attorney general of the state of Minnesota,
Sherburne County Sheriff or the Chief of Police of the City of Elk
River or the Chief's designee.
MUNICIPALITY:
Minnesota.
"Municipality" means the City of Elk River,
PAWNBROKER: "Pawnbroker" means a person engaged in whole or in
part in the business of lending money on the security of pledge
goods left in pawn, or in the business of purchasing tangible
personal property to be left in pawn on the condition that it may
be redeemed or repurchased by the seller for a fixed price within
a fixed period of time.
PAWNSHOP: "Pawnshop" means the location at which or premises in
which a pawnbroker regularly conducts business.
PAWN TRANSACTION: ~Pawn transaction" means any loan on the
security of pledged goods or any purchase of pledged goods on the
condition that the pledged goods are left with the pawnbroker may
be redeemed or repurchased by the seller for a fixed price within
a fixed period of time.
PERSON: "Person" means an individual, partnership, corporation,
limited liability company, joint venture, trust, association, or
any other legal entity, however organized.
PLEDGED GOODS: ~'Pledged goods" means tangible personal property,
securities, bank drafts, or printed evidence of indebtedness, that
are purchased by, deposited with, or otherwise actually delivered
into the possession of a pawnbroker in connection with a pawn
transaction.
LICENSEE: The person to whom a license is issued under this
chapter including any agents or employees of the person.
MINOR:
Any natural person under the age of 18 years.
724.02 - LICENSE REQUIRED
No person may engage in business as a pawnbroker or otherwise
portray the person as a pawnbroker unless a person first obtains a
license from the City as provided in this Section. Any pawn
transaction made without benefit of a license is void.
724.04 - LICENSE APPLICATION
!. General - Applications for pawnbrokers' licenses to be issued
under this Section shall contain information as required on forms
prescribed by the City.
2. Nature of Application - The application shall state whether
the applicant is a natural person, corporation, partnership or
other form of organization.
3. Natural Person - If applicant is a natural person, the
following shall be furnished:
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A. True full name, place and date of birth and street
residence address, and length of time at that address, of
applicant.
B. Whether applicant has ever used or been known by a name
other than his true name and, if so, what was such full name
or names, and information concerning dates and places where
used.
C. The full name of the business if it is to be conducted
under a designation, name or style other than the full
individual names of the applicant.
D. Kind, full name and location of every business or
occupation applicant has been engaged in during the preceding
five (5) years.
.E. Full names and addresses of applicant's employers and
partners, if any, for the preceding five (5) years.
F. Whether applicant has ever been convicted of a felony,
gross misdemeanor or misdemeanor, excluding traffic
violations, and if so, the date and place of conviction and
the nature of the offense.
G. If applicant has not resided in the City for three (3)
years last preceding the date of application, at least four
(4) character references from residents of the State of
Minnesota.
Partnership Applicants - If the applicant is a partnership:
A. The full name(s) and address(es) and date of birth of
all general and limited partners and all information
concerning each general partner required in subpart (3) of
this Section.
B. The full name(s) and date of birth of the managing
partner(s) and the interest of each partner in the pawnbroker
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.
Corporate ApDllcants - 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, Certificate of Authority as
required by Minnesota Statutes, Section 303.06, shall be
attached.
C. The full name and date of birth of all officers,
managers, proprietors or other agents in charge of the
business and all information concerning each officer,
manager, proprietor or agent required in subsection (3) of
this Section.
D. A list of all persons who control or own an interest in
excess of five (5) percent in the corporation or
organization, and all information concerning said persons
required in subsection (3) of this Section.
Description of premises.
A. Leqal Description. The exact legal description of the
premises to be licensed, together with a plot plan of the
area for which the license is sought showing dimensions,
location of buildings street access, and parking facilities.
B. Street Address. The street address of the premises
for which application is made.
Taxes.
Whether or not all real estate taxes, assessments, or other
financial claims of the City, State or Federal government for
the business and premises to be licensed have been paid, and
if not paid, the years for which delinquent.
Other Information Required.
Such other information as the City Council shall require.
724.06 RENEWAL APPLICATIONS
Each renewal license shall be issued for a maximum period of one
year January i to December 31. License fee will be prorated on a
monthly basis. Investigation fees will not be prorated.
724.08 - EXECUTION OF APPLICATION
If application is by a natural person, it shall be signed and
sworn to by such person; if by a corporation, by an officer
thereof; if by a partnership, by one of the general partners; if
by an incorporated association, by the operating officer or
managing officer thereof. If the applicant is a partnership, the
application, license and bond shall be made and issued in the name
of all parUners. Any false statement in an application shall
result in denial or revocation of the application.
724.10 - GRANTING LICENSES
At the time of making an initial or renewal application, the
applicant shall, in writing, authorize the Police Department to
investigate all facts set out in the application and do a personal
background and criminal record check on the applicant. The
applicant shall further authorize the Police Department to release
information received from such investigation to the City Council.
2. Each license shall be issued to the applicant only and shall
not be transferable.
3. A separate license is required for each pawnshop. Each
license shall be issued only for the premises described in the
application and shall not be transferable to a different location
or owner.
4. No more than three (3) licenses shall be issued by the City
at any time and priority shall be given to qualified applicants
for renewal of existing license.
5. A public hearing shall be held and the hearing before the
City Council shall be advertised at least 10 days prior to the
scheduled date of the hearing.
724.12 - LICENSE FEES
Initial application and background investigation fees, as well as
annual license fees, shall be determined on an annual basis by the
City.
724.14 - BOND REQUIRED
At the time of filing an application for a license, the applicant
shall file a bond in the amount of Five Thousand Dollars ($5,000)
with the City. 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 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 in lieu thereof such
licensee shall pay the person or persons the reasonable value
thereof.
724.16 - PERSONS AND PLACES INELIGIBLE FOR LICENSE
1. Individuals Ineliqible. No license under this Section
shall be issued to an applicant who is a natural person if such
applicant:
A. Is not eighteen (18) years of age or older on the date
the license application is submitted to the Issuing
Authority;
B. 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 as outlined in this
Section and as prescribed by Minnesota Statues, Section
364.03, subdivision 3;
C. Is not a citizen of the United States or a resident
alien, or is legally prohibited from working in the United
States;
D. Is not of good moral character or repute;
E. Holds an intoxicating liquor license issued by the City
of Elk River;
F. Has knowingly falsified or misrepresented information
on the license application;
G. Is not the real party in interest in the business being
licensed; or
H. Owes taxes or assessments to the State, County, School
District, or City that are due and delinquent.
Partnership Ineliqibility. No license under this Section
shall be issued to an applicant that is a partnership if such
applicant has any general partner or managing partner;
A. Who is not eighteen (18) years of age or older on the
date the license application is submitted to the Issuing
Authority;
B. 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 as outlined in
this Section and as prescribed by Minnesota Statutes, Section
364.03, subdivision 3;
C. Who is not a citizen of the United States or a resident
alien, or is legally prohibited from working in the United
States;
D. Who is not of good moral character or repute;
E. Who holds an intoxicating liquor license under Sections
of this Code;
F. Who has knowingly falsified or misrepresented
information on the license application;
G. Who is not the real party in interest in the business
being licensed; or
H. Who owes taxes or assessments to the State, County,
School District, or City that are due and delinquent.
Corporate and Association Ineliqibillt¥. 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:
A. Who is not eighteen (18) years of age or older on the
date the license application is submitted to the Issuing
Authority;
B. 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 as outlined in
this Section and prescribed by Minnesota Statutes, Section
364.03, subdivision 3;
C. Who is not a citizen of the United States or a resident
alien, or is legally prohibited from working in the United
States;
D. Who is not of good moral character or repute;
E. Who holds an intoxicating liquor license under Sections
of this Code;
F. Who has knowingly falsified or misrepresented
information on the license application;
G. Who is not the real party in interest in the business
being licensed; or,
H. Who owes taxes or assessments to the State, County,
School District, or City that are due and delinquent.
Owner Ineliqibility. Any change, directly or beneficially,
in the ownership of any licensed pawnshop shall require the
application for a new license and the new owner must satisfy
all current eligibility requirements. 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 of this Section, 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 Section.
Locations Ineliqible. The following locations shall be
ineligible for a license under this Section:
A. Claims Due. 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 ~mpaid. In the event a suit
has been commenced under Minnesota Statutes, Section 278.01-
278.13, 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.
B. Improper Zoning. No license shall be granted if the
property is not properly zoned for pawnshops under Chapter 9
of the City Code, unless the business is a legal,
nonconforming use.
C. Buffer Zone. No license shall be granted if the
property is within 250 feet of a residential zone or 500 feet
of a school, park, daycare~ center, church or other pawnshop
measured from the property line.
D. Required Distance From Gamblinq Casino. No pawnshop
shall be located within 10 driving miles of any gambling
casino. No pawnshop, lawfully operating as of the date of
the enactment of this Section, shall be required to relocate
or close as a result of this Section.
724.18 CONDITIONS OF LICENSE
Records Every licensee at the time of receipt of an article
deposited, left, sold, purchased, pledged or pawned shall
immediately record in English, on an electronic data format
or forms approved by the Chief of Police, or in a book or
journal which has page numbers that are preprinted in
indelible ink the following information:
A. A complete and accurate description of the article
including but not limited to, any manufacturer name, brand
name, trade mark, model number, serial number, identification
number or other identifying mark.
B. The amount of money received by the person pawning,
pledging, or selling the article, together with the annual
rate of interest and the amount required to redeem the
article if it was pawned or pledged, and if applicable, the
maturity date of the pawned transaction.
C. The date, time and place of receipt of the article.
D. The full name, date of birth, current address of
residence, current telephone number if possessed, and a
reasonably accurate description of the person from whom the
article was received including at a minimum sex, height,
weight, and race.
E. The identification number and state of issue from a
valid photo drivers license or photo identification card
issued by the state of residency of the person from whom the
article was received.
F. The name or unique identifier of the licensee or
employee that conducted the transaction.
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G. Photoqraph Requiremen~ for Pawnbrokers. 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
is taken the video camera shall zoom in on the person pawning
or selling the article 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.
Disposition of Articles
A. When an article of pawned or pledged property is
redeemed from a licensee, the records shall contain an
account of such redemption with the date, interest charges
accrued, and the total amount for which the article was
redeemed.
B. When an article of purchased or forfeited property is
sold or disposed of by a licensee and the licensee receives
one-hundred dollars ($100.00) or more in payment thereof, the
records shall contain an account of such sale with the date,
the amount for which the article was sold, and the full name,
current address, and telephone number of the person to whom
sold.
Inspection of Records - The records referred to in this
section shall be open to the inspection of the Chief of
Police and any other duly authorized local, state, or federal
law enforcement officer at all reasonable times and shall be
retained by the licensee for at least four (4) years.
Receipt - Every licensee shall deliver to the person pawning,
pledging, selling, leaving or depositing any articles, a
receipt numbered to correspond with the licensee's records.
The receipt shall contain the substance of the transaction
and the signature of the person from whom the item was
received. The receipt shall be in duplicate form with one
copy to be retained by the licensee. All pawn tickets shall
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also contain the statements required under Minn. Stat.
3251.04, subd. 2.
Daily ReDorts to Police
A. Method - Each licensee shall prepare and deliver to the
Chief of Police by twelve o'clock noon the first business day
following the date of transaction, the information required
to be collected in sections of this code through one of the
following methods:
(1) Manual Reporting - Daily reports on forms approved
by the Chief of Police delivered in person by the
licensee or employee.
(2) Electronic Reporting - Daily reports maintained in
an electronic data format meeting specifications
established by the Chief of Police and delivered in
person by the licensee or employee on electronic data
storage media approved by the Chief of Police.
Holdinq Period Any item sold or pawned to a pawnbroker for
which a report to the police is required shall not be sold o~
otherwise transferred for 30 days after the date of the sale
or paw~.. However, an individual may redeem an item pawned 72
hours after the item was received on deposit by the
pa~nbroker excluding Sundays and legal holidays.
During the aforementioned 30 day holding period, licenses are
prohibited from redeeming any article of property to anyone
other than:
A. The person to whom the receipt was issued;
B. Any person identified in a written and notarized
authorization to redeem the article(s) of property
identified in the receipt;
C. A person identified in writing by the pledger at
the time of the initial transaction and signed by the
pledger; or
D. A person who has the approval of the Chief of
Police.
Written authorization for release of articles of property to
persons other than the original pledger must be maintained
along with the original transaction record.
10.
11.
12.
13.
14.
Police Hold Whenever the Chief of Police notifies a
licensee not to sell or~ permi~ to be redeemed an article of
property in the licensee's possession, the article may not be
sold, redeemed or removed from the premises by the licensee.
The Police Hold shall be confirmed in writing within seventy-
two (72) hours and will remain in effect for ninety (90) days
from the date of notification unless the Chief of Police
determines the hold is still necessary and notifies the
licensee in writing. When a Police Hold is no longer needed
the Chief of Police shall so notify the licensee.
Confiscation Report - If an article of property in the
licensee's possession is determined to be stolen, it may be
confiscated and seized as evidence by any police officer. A
request for restitution from any person charged in regards to
the stolen property confiscated shall be made on behalf of
the licensee. When an article of property is confiscated,
the person doing so shall provide identification upon request
of the licensee, and shall complete a confiscation report
providing at a minimum the name and telephone number of the
confiscating agency and investigator, and the case number of
the police report related to the confiscation. The
confiscation report shall be included with the daily reports
to police, submitted by the licensee, for review by the Chief
of Police.
Payment by Check - Payment of more than one hundred dollars
($100.00) by any licensee for any article deposited, left,
purchased, pledged or pawned shall be made only by a-check,
draft or other negotiable or nonnegotiable instrument or
order of withdrawal which is drawn against funds held by a
financial institution.
Postinq License Ail licensees shall post their licenses, in
a conspicuous place, in the licensed premises under the
licensed activity.
Responsibility of Licensee The conduct of agents or
employees of a licensee, while engaged in performance of
their duties for their principal or employer under such
license, shall be deemed the conduct of the licensee.
Penalty for Property Owner It is unlawful for any person
who owns or controls any real property to knowingly permit it
to be used for pawnbrokerin~ without a license required by
this Chapter.
Business at Only One Place - A licensee under this Section
authorizes the licensee to carry on its business only at the
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permanent place of business designated in the license.
However, upon written request, the Chief of Police may
approve an off-site locked and secured storage facility.
Licensee shall permit inspection of the facility in
accordance with this Code. Ail provisions of this Section
regarding recordkeeping and reporting apply to the facility
and its contents. Articles of property shall be stored in
compliance with all provisions of this Code.
724.20 - RESTRICTED TRANSACTIONS
No licensee 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.
No licensee shall purchase, accept, or receive any article of
property from any minor or from any person of unsound mind or
from an intoxicated person.
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No licensee shall purchase, accept, or receive any article of
property which contains an altered or obliterated serial
number or an article of property whose serial number has been
removed.
No licensee shall purchase, accept, or receive any article of
property knowing, or having reason to know, that the article
of property is encumbered by a security interest. For the
purpose of this section "security interest" means an interest
in property which secures payment or other performance of an
obligation.
No licensee shall purchase, accept, or receive any article of
property, from any person, knowing, or having reason to know,
that said person is not the true and correct owner of the
property.
No licensee shall purchase, accept, or receive any article of
property, from any person, without first having examined a
valid photo driver's license or valid photo identification
card issued by the state of residency of the person.
724.22 - INSPECTION
Any licensee shall, at all times during the term of the
license, allow the Chief of Police to enter the premises
where the licensee is carrying on business, including all
off-site storage facilities as authorized in subsection
724.18(14) of this code, during normal business hours, except
in an emergency for the purpose of inspecting such premises
and inspecting the articles and records therein, to locate
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goods suspected or alleged to have been stolen and to verify
compliance with this Section or other applicable laws. No
licensee shall conceal any article in his possession from the
Chief of Police.
724.24 - CONDUCT OF PERSONS ON LICENSED PREMISES
No person may pawn, pledge, sell, leave, or deposit any
article of property not their own; nor shall any person pawn,
pledge, sell, leave, or deposit the property of another,
whether with permission or without; nor shall any person
pawn, pledge, sell, leave, or deposit any article of property
in which another has a security interest; with any licensee.
No minor may pawn, pledge, sell, leave, or deposit any
article of property with any licensee.
No person may pawn, pledge, sell, leave, or deposit any
article of property with any licensee without first having
presented a valid photo driver's license or valid photo
identification card issued by the state of residency of the
person.
Ail licensee's shall by adequate signage and separate written
notice inform persons seeking to pawn, pledge, sell, leave,
or deposit articles of property with the licensee of the
foregoing requirements.
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For the purpose of this section ~adequate signage" shall be
deemed to mean at least one sign, of not less than four (4)
square feet in surface area, comprised of lettering of not
less that three quarters (3/4) of an inch in height, posted
in a conspicuous place on the licensed premises and stating
substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS.
YOU MUST PRESENT VALID PHOTO IDENTIFICATION.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.
724.26 - REFUSAL, SUSPENSION OR REVOCATION
It is unlawful for any license applicant to make a false
statement or omission upon any application form. Any false
statement in such application, or any omission to state any
information called for on such application form, shall upon
discovery of such falsehood, work an automatic refusal of
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license, or if already issued, shall render any license
issued pursuant thereto, void. Prior issuance is of no
effect to protect the applicant from prosecution for
violation of this section or any part hereof.
The City Council may suspend or revoke a license issued under
this Section for operation on any premises on which real
estate taxes, assessments or other financial claims of the
City or of the State are delinquent, or unpaid.
The City Council may suspend or revoke a license issued under
this Section upon a finding of a violation of any of the
provisions of this Section or any State Statute regulating
pawnbrokers. Any conviction by the pawnbroker 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.
Except in the case of a suspension pending a hearing on
revocation, a revocation or suspension of a license by the
Council shall be preceded by a public hearing. The hearing
notice shall be given at least ten (I0) days prior to the
hearing, include notice of the time and place of the hearing,
and shall state the nature of the charges against the
licensee.
724.28 - PENALTY
Violation of any provision of this section shall be a
misdemeanor.
724.30 - SEVERABILITY
If any section, subsection, clause, sentence or phrase of this
Section 724 is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this
Section 724. The City Council hereby declares that it would have
adopted this Section 724 and each section, subsection , clause,
sentence or phrase thereof irrespective of the fact that any one
or more section, subsection , clause, sentence or phrase be
declared invalid.
Section 2. Summary Approved. The City Council hereby
determines that the text of the summary of this ordinance marked
"Official Summary of Ordinance No. 96- __, a copy of which is
attached hereto, clearly informs the public of the intent and
effect of the ordinance. The Council further determines that
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publication of the title and such summary will clearly inform the
public of the intent and effect of the ordinance.
Section 3. Posting and Filing. A copy of this ordinance is
filed in the office of the City Clerk and shall be available for
inspection by any person during regular office hours.
Section 4. The City Clerk shall publish the title of this
ordinance and the official summary in the official newspaper with
notice that a printed copy of the ordinance is available for
inspection by any person during regular office hours at the office
of the City Clerk.
Section 5. Effective Date. This ordinance becomes effective
upon its passage and the publication of its title and summary.
Passed by~ the City council of the City of Elk River this
day of~, 1996.
, A. Duitsman, Mayor
/
ATTEST:
-Sandra A.-T~ackera~, Ci-ty ~_rk
s:\document\ordinanc\oa96-8.doc
]6.
RESOLUTION 96-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESO.I.,UTION APPROVING NOTICE OF PUBLICATION OF
OFFICIAL SUMMARY OF ORDINANCE 96-22, AN ORDINANCE OF
THE CITY OF ELK RIVER, MINNESOTA, REPEALING SECTION 724,
OF THE CITY CODE, PAWNSHOPS, AND ENACTING A NEW
SECTION 724 IN LIEU THEREOF RELATING TO THE SAME
SUBJECT ENTITLED PAWNSHOPS
~VHEREAS,
WItEREAS,
the City Council of the City of Elk River has adopted an
ordinance pursuant to which Section 724 of the City of Elk
River Code of Ordinances, Pawnshops, has been repealed
and a new section 724 adopted in heu thereof, entitled
Pawnshops; and
the following is a summary of new Section 724 as adopted in
Ordinance No. 96-.22:
1. The ordinance sets forth a statement of purpose to
prevent pawnbroking from being used as facilities for
commission of crimes and to assure that such businesses
comply with basic consumer protection standards.
2. The ordinance adopts new definitions of Pawnbroker,
Pawnshop and Pawn Transaction.
3. The ordinance requires a hcense for a Pawnshop. The
ordinance provides for hcense application requirements.
4. The ordinance provides ibr restrictions and regulations in
the operation of pawnshops.
5. The ordinance sets forth requirements for the issuance of
licenses, including l~cense fees, background investigations
and investigation fees, and bonding requirements.
6. The ordinance pro~,ides for records to be kept on all
articles deposited, left, sold, purchased, pledged or pawned.
The ordinance also provides for inspection of the records by
the Police Chief.
7. The ordinance estabhshes penal provisions for violations.
WHEREAS,
a printed copy of the ordinance is available for inspection by
any person in the office ~f tke City Clerk at City Hall.
NOW, THEREFORE, BE IT RESOLVED, that this official summary of
Ordinance 96- 22 shall be published in lieu of publication of
the entire ordinance, as provided by Minnesota law.
Passed ~:,2 ~.dopted by the Elk River City Council this /~day
ATTEST:
S~n~~a A'~. T"~ack~y~~'
l~enr/A. Dmtsman, Mayor
s:\adminXlicensin\p awnres.doc
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
being duly sworn, on oath sa that helshe is the publisher or
authorized agent and employee of the publisher ofthe newspa-
per known as 'l'he 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 331A.02, 331A.07, and other applicable
la;s;~ea;:~~~:d. f6~A~ q~-~3
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for / -;!!"Ufj:
cessive~shedonwedneSday.the ~~
day of. ' , 19%, and was thereafter
~ .
printed and published on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the 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 bed e fg h ij k 1 m n 0 p q r s t u v w x y z
BY:~~
TITLE: ' )
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space $
(2) Maximum rate allowed by law for
the above matter $
(3) Rate actually charged for the
above matter $
scribed and sworn to before me on this
J~ , 19~.
Qfo~
day of
10:)...00
~O, ( VI
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