4.7. SR 09-16-1996?ity of
ITEM 4.7.
MEMORANDUM
iver
FROM:
DATE:
Mayor and City Council
Sandra Thackeray, City Clerk
September 16, 1996
SUBJECT: Ordinance Amendment Pertaining to
Licensing of Pawn Shops
ATTACHMENTS:
· Attch. A - Ordinance 96-14 Establishing Moratorium on Pawnbrokers
· Attch. B - Existing Pawnbrokers Ordinance
· Attch. C - Revised Pawnbrokers Ordinance
· Attch. D - License Applications and Instructions
· Attch. E - Police/Pawn Activity Report
· Attch. F- Resolution Approving Summary Publication
On March 18, 1996, the City Council adopted an ordinance establishing a
moratorium on pawn shops in the City of Elk River. The Council determined
at that time that the city's current ordinance was inadequate. The
moratorium was set for one year unless earlier terminated by the City
Council.
Per request of the City Council, staff has reviewed the licensing regulations
and procedures for pawnshops. The issue of pawnshops was researched by
Scott Harlicker, Sergeant Tyler, Sandra Thackeray and City Attorney Kevin
Johnson.
Planning Assistant Scott Harlicker will review the zoning aspects relating to
pawnshops later in the agenda.
The proposed revised ordinance allows for more suitable regulation of pawn
shops thereby protecting the health, safety and welfare of the citizens.
Listed below are some of the major revisions to the pawnshop ordinance:
1. A public hearing must be held prior to a license being issued.
2. The license fee has been increased from $1,750 per year to $12,000 per
year.
3. A bond in the amount of $5,000 is required to be filed with the city to
ensure that the licensee observes the ordinances of the city.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
4. A complete background check by the Police Department is required of all
applicants. Cost of investigation is $1,500.
5. The pawnbroker is required to keep records of all pawned articles which
shall be available for inspection by the Chief of Police.
6. A video or photograph is required of each person selling or pawning any
item of property.
7. Each licensee is required to provide daily reports to the Chief of Police.
8. The ordinance requires a holding period of 30 days for items sold or
pawned. (If necessary, the Police may put a hold requirement on an
article for 90 days.)
The above-listed 8 items are only a few of the revisions to the existing
ordinance. A representative of the Police Department will be available at
Monday evening's meeting to review the ordinance amendment with the City
Council.
ACTION REQUESTED:
1. Adopt the revised Pawnshop Ordinance.
o
Adopt the attached Resolution approving publication of a summary of
the Pawnshop Ordinance.
o
A motion to terminate the moratorium (Ordinance 96-14) on the
establishments of pawnshops and the licensing of pawnbrokers within
the City of Elk River.
s :Xcouncil\p awnmemo.doc
ATTCH. A
ORDINANCE 96- 14
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON
THE ESTABLISHMENT OF PAWN SHOPS OR THE LICENSING OF
PAWNBROKERS WITHIN THE CITY OF ELK RIVER
The City Council of the City of Elk l~iver does hereby ordmin as follows:
Section 1. Purposes. The City Council has determined that it is
necessary for the City to update its Code of Ordinances with respect to pawn
shops and pawnbrokers. The purpose of this Or3inance is to msintsin the
status quo for a limited period of 15me until the Code of Ordinances can be
revised as necessary to regulate these uses. It is anticipated that this process
will take approximately one (1) year.
Section 2. Findings.. The City Council of the City of Elk 1River
~nds that it is necessary, in order to protect the health, safety and welfare of
the citizens of Elk River, to declare a moratorium on the establishment of
pawn shops and licensing of pawnbrokers within the City of Elk River until
the City has completed the process of updating the City of Elk River Code of
Ordinance provisions related to pawn shops and pawnbrokers, including the
appropriate official controls to regulate these uses.
Section 3. Moratorium Declared. During the term of this
Ordinance and any extension thereof, a moratorium is hereby imposed
within the City of Elk River on the establishment of pawn shops and the
licensing of pawnbrokers as det%ed in the City of Elk River Code of
Ordinances. During the terms of this moratorium, the City will not accept an
application for or consider any approval required by the Code of Ordinances
for the establishment of a pawn shop or licensing of a pawnbroker and will
not accept an application for or issue any building permit for construction of
a pawn shop.
Section 4. Term. This Ordinance sh~l] be effective upon
publication as provided by law, and shall terminate 365 days thereafter
unless earlier terminated or extended by action of the City Council. It is the
intent of the City Council that this Ordinance shall be in effect only until the
City has completed the process of updating its Code of Ora~n ances with
respect to pawn shops and pawnbrokers and has adopted the appropriate
official controls to implement the updated Ordinances.
Passed and adopted by the City Council of the City of Elk River, this
//~e~ A Du~tsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk/
/
s :\document\or dinanckp awnshop.doc
ATTCH. B
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:
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.
Receive. Receive shall mean to purchase, accept for
sale on consignment or take in pawn any second hand
goods.
724.02 - License Required. It shall be unlawful for any
person to engage in or carry on the business of
pawnbroker without first obtaining a license to carry
on such business in compliance with the provisions of
this Code.
724.04 - Application. Any person, corporation,
association, or other entity, either as principal or agent,
desiring to engage in or carry on 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 Dames 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
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.
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;
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;
A complete description of the article being
pawned, and any other information required by the
City of Elk River Police Department;
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
come 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.
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.
ATTEST:
James A. Tralle, Mayor
Patrick D. Klaers, City Administrator
RESOLUTION 90 - 20
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION INCREASING THE FEE FOR A PAWNBROKERS LICENSE
WHEREAS, the City of Elk River has deemed it appropriate to
license pawn shops; and,
WHEREAS, the current license fee of $50.00 greatly falls short
of the cost incurred by the City for City staff to
process the license and City police to administer the
license; and,
WHEREAS, the City of Elk River has researched the cost incurred
by other cities to process and administer pawnshop
licenses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Elk River, Minnesota, that the fee for a license
for pawnbrokers shall be $1,750.
Passed and adopted by the Elk River city Council this 21st day
of May, 1990.
James A. Tralle, Mayor
ATTEST:
Sandra Thackeray, City Cle~
ORDINANCE 96-
CITY OF ELK RIVER
ATTCH' C
A/~ ORDINA/~CE OF THE CITY OF ELK RI~-ER, MIlql~ESOTA, A/~E1FDING
CHAPTER VII OF THE CITY CODE, LICENSING OF RELATED BUSINESS
A/FD ACTIVITIES, BY REPEALING SECTION 724, PAWNBROKERS, AND
ENACTING A NEW SECTION 724 IN LIEU THEREOF RELATING TO THE
SAME 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
1. 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 ADplication - 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 ApDlicants - 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 Applicants - 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.
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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 1 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 partners. 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 eiHhteen (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. Molds 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 Ineliqibilit¥. 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;
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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 Ineliqibility. 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;
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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 Ineliqibilit¥. 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 Inellqibl,. 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 unpaid. 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 Zoninq. 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 LICENSR
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.
Bo 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.
Fo The name or unique identifier of the licensee or
employee that conducted the transaction.
G. Photoqraph Requirement 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.
ReceiDt - 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. Ail pawn tickets shall
]0.
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also contain the statements required under Minn. Stat.
3251.04, subd. 2.
Daily Reports 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 pawn. However, an individual may redeem an item pawned 72
hours after the item was received on deposit by the
pawnbroker excluding Sundays and legal holidays.
During the 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.
10o
11o
12o
13.
14o
Police Hold - Whenever the Chief of Police notifies a
licensee not to sell or permit 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 ~ 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 License~ - 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
]2.
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.
2 o
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.
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.
6 o
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
]3.
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.
2 o
No minor may pawn, pledge, sell, leave, or deposit any
article of property with any licensee.
o
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.
4 o
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.
o
For the purpose of this section "adequate signage" shall be
deemed to mean at least one si~n, 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
]4.
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.
o
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.
o
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.
4 o
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 (10) 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
~0fficial 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
]5.
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 durin~ 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.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
s:\document\ordin~n c\oa96.8.doc
]6.
CITY OF ELK RIVER
PAWNBROI4_ER LICENSE
APPLICATION INSTRUCTIONS
ATTCH. D
o
scheduled.
Investigation Fee:
$1,500 fee per individual -- Check
payable to City of Elk River
Part I. Complete in Duplicate (Please copy forms as needed)
· Attach all necessary information as requested on the form
Part II. Complete in Duplicate
· Must be completed by each individual who has five percent or more
interest in the business or each general partner, if the applicant is a
partnership
· Must also be completed by each officer, manager proprietor and other
person in charge of the business
Release of Information Form
· Each individual required to complete Part II must sign five (5) release
forms (5 original signatures)
Data Practices
· Each individual required to complete Part II must read and acknowledge
an understanding of the Data Practices Statement
Statement of Planned Opening Investment (In Duplicate)
Minnesota Department of Revenue Tax ID Form
Upon receipt of the above information, the License Application Fee of
$12,000, and the Investigation Fee of $1,500 per individual, an Officer
will be assigned to conduct a pre-licensing investigation of your
application and the individuals involved.
When a satisfactory investigation has been completed, the following is
required:
License Fee:
$12,000 Annually -- Check
payable to the City of Elk River
· Fees are pro-rated semi-annually. License year is 1/1 through 12/31
Upon receipt of the above, a public hearing before the City Council will be
· Council meetings are held the first (lst), third (3rd) and fourth (4th)
Monday of each month.
· Public hearings require two (2) weeks advance legal notice
s:\adminXlicensin\pawnapin, doc
Cilag OF ELK RIVER
APPLICATION FOR PAWNBROKER LICENSE
PART I - GENERAL INFORMATION
Directions:
This form must be filled out in duplicate with typewriter, or hand printed. If the
application is by a natural person, by such person; if by a corporation, by an officer thereof;
if by a partnership, by one of the partners; if by an unincorporated association, by the
manager or managing officer thereof.
Date:
1. Name of applicant (name of individual, partnership, corporation or association):
2. Business Name:
Business Address:
PH:
IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER
THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH TWO COPIES OF THE
TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES,
SECRETARY OF STATE'S OFFICE.
3. Type of applicant:
Natural Person (Individual)
__ Partnership
Corporation
Association or other __
4(a)
If applicant is a natural person (individual), state full name, date of birth, residence and business
address and telephone numbers:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip :.
Business Address:
City/State/Zip:
PH:
4Co)
The full name, date of birth, residence address and telephone number of the Operating Manager in
charge of the individual owner's premises at such time as the owner is absent:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
GENERAL INFORMATION
Page 2
~A Part II - Personal History Form must be filled out and attached for each of the individuals in 4(a) and
4¢0).)
5(a)
If the applicant is a partnership, state full names, dates of birth (DOB), residence and business
addresses, telephone numbers, and interest of each partner (general and limited) of the
partnership:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
Interest
Business Address:
PH:
City/State/Zip:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip: Interest
Business Address: PH:
City/State/Zip:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip: Interest
Business Address: PH:
City/State/Zip:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/S tate/Zip: I ntere st
Business Address: PH:
City/State/Zip:
GENERAL INFORMATION
Page 3
5¢0)
The managing partner will be:
Full Name:
Residence Address:
City/State/Zip:
DOB:
PH:
5(c)
The full name, date of birth, residence address and telephone number of the operating manager
and any other individual with management responsibilities of the partnership's premises to be
licensed:
Full Name: DOB:
Residence Address:
PH:
City/State/Zip:
Full Name:
Residence Address:
City/State/Zip:.
DOB:
PH:
Full Name:
Residence Address:
City/State/Zip:
DOB:
PH:
(A Part II - Personal History Form must be filled out and attached for each of the general partners listed
in 5(a) and the individuals listed in items 5Co), and 5(c).)
If The Application Is For A Partnership, Attach Two Copies Of The Partnership Agreement
And Two Copies Of The Certificate Of Trade Name Under Provisions of Chapter 333,
Minnesota Statutes, Certified By Secretary of State's Office.
6(a)
If the applicant is a corporation or association, give the name of corporation or association, Elk
River address and phone number, and home office address and phone number.
· Name
State of Incorporation
or Association:
Elk l~iver Address:
PH:
Home Office Address: PH:
GENERAL INFORMATION
Page 4
City/State/Zip :.
The full names, dates of birth (DOB), residence, addresses and telephone numbers of all officers,
managers, proprietors, and agents in charge of said corporation or association:
Name: DOB:
(Last) (First) (Middle)
Title:
Residence Address:
PH:
City/State/Zip:
Name:- DOB:
(Last)
Title:
Residence Address:
City/State/Zip:
(FirsO (Middle)
PH:
Name:
(Last)
Title:
Residence Address:
City/State/Zip:.
(First) (Middle)
DOB:
PH:
Name:
(Last)
Title:
Residence Address:
City/State/Zip:
(FirsO (Middle)
DOB:
PH:
The full names, dates of birth, residence addresses and telephone numbers of all persons who
singly or together with their spouse and his or her parents, brothers, sisters or children, own or
control an interest in said corporation or association in excess of five percent:
GENERAL INFORMATION
Page 5
· Full Name:
(Last)
Residence Address:
City/State/Zip:
(First) (Middle)
DOB:
PH:
Interest
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip: Interest
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:. Interest
6(d)
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip: Interest
(If additional space is necessary, attach additional sheet)
The full names, dates of birth, residence addresses and telephone numbers of the, and any other
individual with management responsibilities for the corporation's or association's premises to be
licensed:
Full Name: DOB:
(Last) (First,) (Middle)
Residence Address: PH:
City/State/Zip:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip :.
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip: Interest
GENERAL INFORMATION
Page 6
(A Part II - Personal History Form must be filled out and attached for individuals listed in 6(b), 6(c), and
fl(d).)
ATTACH:
2.
3.
4.
Two copies of the Certificate of Incorporation
Two copies of Articles of Incorporation or Association Agreement
Two copies of by-laws to the application
Foreign corporations shall attach two copies of Certificate of Authority as described
in MSA Chapter 303
7(a)
State the exact legal description of the business premises: (Applicant must also submit a plot plan
showing dimensions, location of buildings, street access, and parking facilities.)
7Co) State the street address of the business premises:
8. How are the premises zoned under the Elk River Zoning Ordinance?
State full names, dates of birth, residence and business addresses, and telephone numbers of the
owner or owners of the building wherein the licensed business will be located, if the owner is other
than the applicant:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
Business Address:
City/State/Zip:
PH:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:.
Business Address:
PH:
City/State/Zip:.
GENERAL INFORMATION
Page 7
Where the building is owned by other than applicant, state in summary the conditions of lease
arrangement, such as term of lease, monthly rental, renewal privileges, etc. (Two copies of the
lease shall be attached).
11.
If the building is owned by the individual applicant, partnership, corporation or association, state:
Date purchased:
Name, address and phone number of person purchased from:
Purchase price: Amount of down payment:
Who currently holds the mortgage? Name, address and phone number:
Term of mortgage:. Rate of interest:
Term of contract for deed: Rate of interest:
State the monthly payment at which the mortgage and/or contract for deed is being amortized:
12(a)
Are the payments on the mortgage and/or contract for deed up to date:
State the total cost of assets acquired to start this business, including the business premises, if
purchased, fixtures, furniture, equipment, merchandise for resale, cash for working capital,
prepaid insurance and any other assets: (If acquired from predecessor, attach purchase
agreement).
12(~a)
What is the appraised value of the premises, including, but not limited to all fees, site
development, construction costs, utilities, furnishing and fixtures, but exclusive of land costs:
(Provide two copies of appraisal).
GENERAL INFORMATION
Page 8
12(c) Of the above cost of assets acquired, state the amount that is provided by the person(s) investing
in this business: (Attach supporting proof of the source of such money).
13.
Give full names, dates of birth, addresses, telephone numbers of all persons, other than the
applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture,
or stock in trade. State the nature of the interest amount thereof, and the terms for payment or
other reimbursement: (This shall include, but not be limited to, any lessees, lessors, mortgagors,
lenders, lien holders, trustees, trustors, and persons who have co-signed notes or otherwise loaned,
pledged, or extended security for any indebtedness of the applicant.)
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
Nature of Interest, etc.:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
Nature of Interest, etc.:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
Nature of Interest, etc.:
GENERAL INFORMATION
Page 9
· Full Name: DOB:
(Last,) (First) (Middle)
Residence Address: PH:
City/State/Zip:.
Nature of Interest, etc.:
IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER CONSTRUCTION
OR UNDERGOING SUBSTANTIAL 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 MANAGER OF THE BUILDING AND INSPECTION DIVISION OF THE CITY, NO
ADDITIONAL PLANS NEED BE FILED WITH THIS APPLICATION.
14.
State the floor number, general area, and all rooms where the business is to be located (applicant
shall attach a floor plan showing dimensions).
14(a) Provide a detailed narrative description of the proposed business for which the license is sought:
15.
What permits required by the Federal government have been applied for or issued for the
premises? In what name were these applied for or issued and what is the nature of the permit?
(Attach two copies of all permits obtained.)
16.
What permits or licenses required by the State of Minnesota have been applied for or issued for
the premises? In what name were these applied tbr or issued and what is the nature of the permit
or license? (Attach two copies of all permits obtained.)
GENERAL INFORMATION
Page 10
17.
Are any real estate taxes, personal property taxes, special assessments, or other financial claims
delinquent or unpaid for the premises to be licensed? If yes, give details:
18.
State full names, residence and business addresses, telephone numbers and dates of birth of three
residents of Minnesota of good character, not related to the applicant or financially interested in
the premises or business, who may be referred to as the applicant's character:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:.
Business Address:
City/State/Zip:
PH:
Full Name: DOB:
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
Business Address:
City/State/Zip:
PH:
Full Name: DOB~:
(Last) (First,) (Middle)
Residence Address: PH:
City/State/Zip:
Business Address:
PH:
City/State/Zip:
GENERAL INFORMATION
Page 11
Signature of Applicant
ANY FALSIFICATION OF ANSWERS TO THE PRECEDING QUESTIONS WILL RESULT IN DENIAl,
OF THE APPLICATION.
Subscribed and sworn to before me this
day of , ].9
Notary (Stamp)
s:\admin\]icensin\p awnapi.doc
CITY OF ELK RIVER
PART II - PERSONAL INFORMATION
IN SUPPORT OF AN
APPLICATION FOR PAWNBROKER LICENSE
Directions:
This form must be filled out in duplicate with typewriter by a sole owner, or by each
general partner, each officer, each manager, each proprietor or other person with
management responsibilities for the premises, and by each person who by combined
ownership or control has an interest in the corporation or association in excess of five
percent.
Date:
True Name:
(Last)
Residence Address:
Maiden Name:
(First) (Middle)
PH:
City/State/Zip:
Business Name:
Business Address:
City/State/Zip:.
PH:
Place of Birth:
Height:
U.S. Citizen: Yes:__
No:
Marital Status:
Weight:
Naturalized? Yes:__
No:
DOB:
Color of Hair: Color of Eyes:
If yes, give date/place:
Married:.__ Single: Divorced:
If married, give true name, place and date of birth, and residence address of spouse:
True Name: Maiden Name:.
(Last) (First) (Middle)
Residence Address: PH:
City/State/Zip:
Place of Birth: DOB:
If you have ever used or been known by a name or names other than the true name given above,
list such name(s) and information concerning dates and places used:
PERSONAL INFORMATION
Page 2
Are you a registered voter?
Yes:
No:
Is your spouse a registered voter: Yes:
No:
If yes, where are you registered:
If yes, where:
Address(es) at which you have lived during preceding five years:
address and work back.)
(Begin with present or last
Street Address
City/State/Zip Dates
Address(es) at which your present spouse has lived during preceding five years:
present or last address and work back.)
(Begin with
Kind, name and location of every business or occupation you have been engaged in during
preceding five years: (Begin with present or last occupation and work back.)
Business or Occupation
Street Address
City/State/Zip
Dates
Kind, name and location of every business or occupation you have been engaged in during
preceding five years: (Begin with present or last occupation and work back.)
PERSONAL INFORMATION
Page 3
Business or Occupation
Street Address
.City/State/Zip Dates
o
Names and addresses of your employers and partners, if any, for the preceding five years:
with present or last employer/partner and work back.)
Employers or Partners
Street Address
(Begin
City/State/Zip Dates
Names and addresses of your spouse's employers and partners, if any, for the preceding five years:
(Begin with present or last employer/partner and work back.)
Have you, your spouse, parent, brother, sister, or child of either of you, ever been convicted of any
felony, crime or violation of any ordinance, other than traffic? Yes~ No If yes, give
information as to the time, place and offense for which convictions were had:
o
Have you been in military service? Yes No If yes, was discharge honorable? Yes
No (Copies of discharge papers may be required)
Are you directly or indirectly interested in other establishments in the City of Elk River to which
license of the same kind has been issued?
PERSONAL INFORMATION
Page 4
Yes No
If yes, list names, addresses, and interest:
10.
11.
Are you the spouse of a person who would be ineligible for a license? (Refer to City Code, Section
724.16, for persons ineligible for license): Yes No
What is the amount of investment that you will have in the business, building, premises, fixtures,
furniture, stock in trade, etc.? State the source of such money: (You must be prepared to furnish
proof of the source of such money.)
12.
Have you had any interest in any previous pawnbroker license that was revoked, suspended or not
renewed? Yes No If yes, explain in detail:
13.
Have you ever individually, or with others, made application for a pawnbroker license and had
such application denied? Yes No If yes, state circumstances:
14.
Have you or your spouse ever filed for bankruptcy either as individuals, jointly, or in connection
with any business you have had an interest in? Yes No If yes, explain in detail:
15.
List the names, dates of birth, residence and business addresses of three residents of three
residents of Minnesota of good character, not related to the applicant or financially interested in
the premises or business, who may be referred to as to the applicant's character:
Full Name:
Residence Address:
City/State/Zip:
Business Address:
City/State/Zip:.
DOB:
PH:
Full Name:
Residence Address:
City/State/Zip:
DOB:
PH:
Business Address:
City/State/Zip:.
Full Name:
Residence Address:
City/State/Zip:.
DOB:
PH:
Business Address:
City/State/Zip:
A Financial Statement, as of the date of application, of net worth and a short autobiography must
accompany this application.
Signature of Applicant
ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF
THE APPLICATION.
Subscribed and sworn to before me
a Notary Public on this
day of ,19
Notary (Stamp)
mdmin klieensin \p awnapii.doc
Trade Name of Proposed Business
STATEMENT OF PLANNED OPENING INVESTMENT FOR PROPOSED BUSINESS
Made a part of License Application
dated:
INTENDED USE OF FUNDS FROM OPENING INVESTMENT
AND OTHER SOURCES LISTED BELOW: (Round to nearest hundred dollars)
Operating capital for daily needs, such as, but
not hmited to the opening checking account
balance, cash register change, sufficient money
to carry an average amount of accounts receivable
(if credit is extended to customers), insurance,
rent and other expenses which must be paid in
advance ....................................................................................... $
Merchandise for resale (stock in trade) ......................................
Business Property:
Land and buildings used for the business (enter
zero if rented) ..................................................................
Equipment and other furnishings ..................................
Other uses of funds, if any (describe each)
TOTAL REQUIREMENTS ........................................................................................
SOURCES OF FUNDS TO PROVIDE FOR BUSINESS
REQUIREMENTS ABOVE:
Indebtedness owed to the seller if apphcant purchases
an existing business with the seller financing part
of the price after the closing date ........................................ $
Loans from financial institutions, banks and other
such lenders .........................................................................
Page 2
Loans from relatives ...........................................................
Loans from other individuals .............................................
Other outside sources, if any (describe each)
STATEMENT OF PLANNED OPENING INVESTMENT
OPENING INVESTMENT BY OWNERS (Answer only one line of
the three hnes immediately below)
Ownership by only one individual (sole proprietorship)
Opening investment by that one person .....
Ownership by two or more individuals (partnership)
Opening investment by all of the partners.
Ownership by a corporation
Opening investment paid to the corporation by the
stockholders for the capital stock issued to them
and for added capital contributed, if any ...
TOTAL OPENING INVESTMENT AND OTHER SOURCES ................ $
"TOTAL REQUIREMENTS" AND "TOTAL OPENING INVESTMENT AND OTHER
SOURCES" MUST EQUAL EACH OTHER.
City of Elk River
POLICE DEPARTMENT
13065 Orono Parkway
P.O. Box 723
' '~ River, MN 55330
~NE: (612)441-2324
FAX: (612)441-8937
POLI CE/PAWN
ACTIVITY REPORT
ATTCH. E
CASE NO.
POLICE HOLD
lDate/Time
CONFISCATION ~ P.C. PICKUP ~
PROPERTY HOLD/CONFISCATION
Property Descriptions (Include Serial Nos.)
WARRANTS
~ .~ of Case-
7
Department-
Investigator & Phone No.'
P.C. PICKUP/WARRANTS
Date/Time Issued Date Expires Wanted by (Div/Unit) Reason
Name Address (Street-Apt.)
City, State, Zip
DOB
Phone No.
Clothing
IEmployer
IIdentifying scars ,marks, tat. oos, deformS, ties, etc
Auto-Year,Make,Model,Color,License Plate,State IOther Auto ID
Additional Information/Known Associates/Aliases Used/Past History
n Arrested, please contact: NAME
CANCELLATION Date
DEPT. WORK PHONE PAGER
ILocation of Apprehension IApprehended by
ATTCH. F
RESOLUTION 96-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
OFFICIAL SUMMARY OF ORDINANCE 96- , 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
WHEREAS,
WHEREAS,
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-
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 license for a Pawnshop. The
ordinance provides for hcense apphcation requirements.
4. The ordinance provides for restrictions and regulations in
the operation of pawnshops.
5. The ordinance sets forth requirements for the issuance of
licenses, including hcense fees, background investigations
and investigation fees, and bonding requirements.
6. The ordinance provides 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 Pohce Chief.
7. The ordinance establishes penal provisions for violations.
WHEREAS,
a printed copy of the ordinance is available for inspection by
any person in the office of the City Clerk at City Hall.
NOW, THEREFORE, BE IT RESOLVED, that this official summary of
Ordinance 96- shall be pubhshed in heu of pubhcation of
the entire ordinance, as provided by Minnesota law.
Passed and adopted by the Elk River City Council this
199_.
day of~
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
s :\adminklicensin\pawnr es.doc