HomeMy WebLinkAbout1996-009 Council OrdinancesCouncil Member
adoption:
ORDINANCE NO. 09 - 96
DRAFT
introduced the following ordinance and moved its
CITY OF LINO LAKES
ORDINANCE NO. 09 - 96
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE SECTION 600
(BUSINESS AND ACTIVITY LICENSING) BY ADDING PROVISIONS
ADDRESSING PAWNBROKERS/PRECIOUS METAL DEALERS/
SECONDHAND GOODS DEALERS
THE CITY COUNCIL OF THE CITY OF LINO LAKES ORDAINS:
Section 1. Section 600 of the Lino Lakes City Code is hereby amended by
adding the following:
614. Pawnbrokers/Precious Metal Dealers/Secondhand Goods Dealer
614.01 Definitions. The following words and terms when used in this
Chapter shall have the following meanings unless the context clearly indicates otherwise:
1. Issuing Authority. The City of Lino Lakes.
2. Item Containing Precious Metal. An item made in whole or in part of
metal and containing more than one (1) percent by weight of silver, gold,
or platinum.
3. Minor. Any natural person under the age of 18 years.
4. Pawnbroker. A person who loans money on deposit or pledge of
personal property or other valuable thing; who deals in the purchasing of
personal property or other valuable thing on condition of selling that same
back again at a stipulated price; or who loans money secured by chattel
mortgage or on personal property, taking possession of the property or any
part thereof so mortgaged. To the extent that a pawnbroker business
includes buying personal property previously used, rented, or leased, the
provisions of this Chapter shall be applicable. Any bank, savings and loan
association, or credit union shall not be deemed a pawnbroker for purposes
of this Chapter.
5. Pawnshop. Any business establishment operated by a pawnbroker.
6. Person. One or more natural persons; a partnership, including a limited
partnership; a corporation, including a foreign, domestic, or nonprofit
corporation; a trust; a political subdivision of the state; or any other
business organization.
7. Precious Metal Dealer. Any person engaging in the business of buying
coins or secondhand items containing precious metal, including, but not
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ORDINANCE NO. 09 - 96
limited to, jewelry, watches, eating utensils, candlesticks, and religious
and decorative objects. Persons conducting the following transactions
shall not be deemed to be Precious Metal Dealers:
(A) Transactions at occasional "garage" or "yard" sales, or estate sales
or farm auctions, except that precious metal dealers must comply
with the requirements of Minnesota Statutes, Section 325F.734 to
325F.742, for these transactions.
(B) Securities transactions regulated by Minnesota Statutes, Chapter
80A.
(C) Transactions regulated by the Federal Commodity Futures
Commission Act.
(D) Transactions involving the purchase of precious metal grindings,
filings, slag, sweeps, scraps, or dust from an industrial
manufacturer, dental lab, dentist, or agent thereof.
(E) Transactions involving the purchase of photographic film, such as
lithographic and X-ray film, or silver residue to flake recovered in
lithographic and X-ray film processing.
(F) Transactions involving bullion or ingots.
(G) Transactions in which the secondhand item containing precious
metal is exchanged for a new item containing precious metal and
the value of the new item exceeds the value of the secondhand
item, except that a person who is a precious metal dealer by
engaging in a transaction which is not exempted by this section
must comply with the requirements of Minnesota Statutes, Section
325F.734 to 325F.742.
(H) Transactions between precious metal dealers if both dealers are
licensed under Minnesota Statutes, Section 325F.733, or if the
seller's business is located outside of the state and the item is
shipped from outside the state to a dealer license under Minnesota
Statutes, Section 325F.733.
8. Precious Metals. Silver, gold or platinum.
9. Secondhand Goods Dealer. Any person engaging in the business of
buying and/or selling secondhand items, except:
(A) Precious metal dealers and pawnbrokers;
(B) Persons conducting transaction at occasional "garage" or "yard"
sales, or estate sales or farm auctions;
(C) Repurchases of agricultural machinery or implements pursuant to
Minnesota Statutes, Section 325E. 05 or 325E.06;
(D) Recyclers, including but not limited to motor oil, aluminum, iron,
glass, plastics and paper;
(E) Dealers of used motor vehicles;
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ORDINANCE NO. 09 - 96
(F) Repurchasers of returned merchandise after initial retail sale from
the repurchaser;
(G) Dealers of secondhand clothing and linens except that dealers of
secondhand bedding must comply with Minnesota Statutes,
Sections 325F.25 through 325F.34;
(H) Dealers of wire and cable regulated under Minnesota Statutes,
Section 325F.21;
(I) Persons making occasional private purchases and sales of
secondhand items.
(J) Dealers of secondhand books, magazines, video or audio tapes,
compact disks, films or electronic game cartridges;
(K) Charitable organizations that take used items for no compensation;
(L) Dealers of furniture;
(M) The sale of goods at an auction held by a licensed auctioneer;
(N) The business of buying or selling only those secondhand goods
taken as part or full payment for new goods, and where such
business is incidental to and not the primary business of a person;
and
(0) The bulk sale of property from a merchant, manufacturer, or
wholesaler having an established place of business or of goods sold
at open sale from bankrupt stock.
10. Class A Secondhand Goods Dealer. Any person who annually engages
in 1,800 or more transactions involving the buying and/or selling of
secondhand items.
11. Class B Secondhand Goods Dealer. Any person who annually engages
in more than 60 but fewer than 1,800 transactions involving the buying
and/or selling of secondhand items.
12. Class C Secondhand Goods Dealer. Any person who annually engages
in 60 or fewer transactions involving the buying and/or selling of
secondhand items.
13. Transaction. The buying and/or selling of any item which has a serial
number or an operation ID number or for which compensation of $25.00
or more is paid. Each such item acquired from or sold to the same
customer at the same time shall be considered a separate transaction.
614.02 Purpose. The City Council finds that pawnbrokers, precious
metal dealers and secondhand goods dealers potentially provide an opportunity of 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,
precious metal dealers, secondhand goods and equipment dealers. The purpose of this
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ORDINANCE NO. 09 - 96
division is therefore to prevent these businesses from being used as facilities for
commission of crimes and to assure that they comply with basic consumer protection
standards, thereby protecting the public health, safety, and general welfare of the citizens
of the City.
614.03 License Required. No person shall exercise, carry -on, or be
engaged in the trade or business of pawnbroker, precious metal dealer or Class A or Class
B secondhand goods dealer within the City unless such person is currently licensed as
provided in this Chapter.
614.04 Application Content. In addition to any information that may be
required by the County pursuant to Minnesota Statutes, Section 471.924, every
application for a license under this Chapter shall be made on a form supplied by the
issuing authority and shall contain the following information:
1. If the applicant is a natural person:
(A) The name and date of birth, residence address, and telephone
number of the applicant.
(B) Whether the applicant is a citizen of the United States or a resident
alien.
(C) Whether the applicant has ever used or has been known by a name
other than the applicant's name, and if so, the name or names used
and information concerning dates and places where used.
(D) The name of the business if it is to be conducted under a
designation, name or style other than the name of the applicant and
a copy of the certificate as required by Minnesota Statutes, Section
333.01.
(E) The street addresses at which the applicant has lived during the
preceding five (5) years.
(F) The type, name and location of every business or occupation in
which the applicant has been engaged during the preceding five (5)
years and the name(s) and address(es) of the applicant's
employer(s) and partner(s), if any, for the preceding five (5) years.
(G) Whether the applicant has ever been convicted of a felony, crime,
or violation of any statute or ordinance other than a minor traffic
offense. If so, the applicant shall furnish information as to the
time, place, and offense for which convictions were made.
(H) If the applicant is married:
(I) The name and date of birth, and residence address of the
applicant's current spouse.
(II) The type, name and location of every business or
occupation in which the applicant's current spouse has been
engaged during the preceding five (5) years.
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ORDINANCE NO. 09 - 96
(III) The names and addresses of the employers or partners of
the applicant's current spouse for the preceding five (5)
years.
(IV) Whether the applicant's spouse has ever been convicted of
any felony, crime or violation of any statute or ordinance
other than a minor traffic offense. If so, the applicant shall
furnish information as to the time, place, and offense for
which convictions were made.
2. If the applicant is a partnership:
(A) The name(s), address(es), and dates of birth of all general and
limited partners and all information concerning each general
partner required in subpart 1 of this Section.
(B) The name(s) of the managing partner(s) and the interest of each
partner in the pawnbroker, precious metal dealer or Class A
secondhand goods business.
(C) A true copy of the partnership agreement shall be submitted with
the application. If the partnership is required to file a certificate as
to a trade name pursuant to Minnesota Statutes, Section 333.01, a
certified copy of such certificate shall be attached to the
application.
3. If the applicant is a corporation or other organization:
(A) The name of the corporation or business firm, and if incorporated,
the sate of incorporation.
(B) A true copy of the Certificate of Incorporation. Articles of
Incorporation or Association Agreement, and By-laws shall be
attached to the application. If the applicant is a foreign
corporation, a Certificate of Authority as required by Minnesota
Statutes, Section 303.06, shall be attached.
(C) The name of the manager(s), proprietor(s), or other agent(s) in
charge of the business and all information concerning each
manager, proprietor, or agent required in subpart (A) of this
Section.
(D) A list of all persons who control or own an interest in excess of
five (5) percent in such organization or business form or who are
officers of the corporation or business form and all information
concerning said persons required in subpart (A) above.
4. For all applicants:
(A) Whether the applicant holds a current pawnbroker, precious metal
dealer, or secondhand goods dealer license from any other
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ORDINANCE NO. 09 - 96
governmental unit and whether the applicant is licensed under
either Minnesota Statutes, Section 471.924, or Minnesota Statutes,
Sections 325F.731 - 325F.744.
(B) Whether the applicant has previously been denied a pawnbroker,
precious metal dealer, or secondhand goods dealer license from
any other governmental unit.
(C) The names, addresses of three (3) residents of Hennepin,
Sherburne, Wright, Isanti, Ramsey, Anoka, Carver, Dakota,
Washington or Scott County who are of good moral character and
who are not related to the applicant or not hold any ownership in
the premises or business, who may be referred to as to the
applicant's and/or manager's character.
(D) The location of the business premises.
(E) The legal description of the premises to be licensed.
(F) Whether all real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid, and if not
paid, the years and amounts that are unpaid.
(G) Whenever the application is for premises either planned or under
construction or undergoing 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 City of Lino Lakes, Building
Inspections Department, no plans need be submitted with the
issuing authority.
(H) Such other information as the City Council or issuing authority
may require.
614.05 Registration of Class C. Secondhand Good Dealers Persons
engaged in the business of a Class C secondhand goods dealer are exempt from the
licensing requirements of this Chapter, but shall register with the Chief of Police on
forms provided by the City. Such registration shall be on --going except that a person
shall file a new registration upon a change of ownership, management, telephone
number or location of the business.
614.06 Application Submission An application for a license pursuant
to this Chapter shall be submitted to the City Clerk on forms provided by the City. The
Clerk shall refer the applications to the Police Department and such other appropriate
City departments for review, investigation and recommendation. The Clerk shall submit
the application for a pawnbroker, precious metal dealer or Class A secondhand goods
dealer license to the City Council within 30 days of receipt of the application.
614.07 Issuance of License
1. Pawnbroker, Precious Metal Dealer and Class A. Secondhand Goods
Dealer. Within 30 days of submission, the City Council shall grant or deny
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a license application for a pawnbroker, precious metal dealer or a Class A
secondhand goods dealer license.
2. Class B Secondhand Goods Dealer. A Class B secondhand goods dealer
license shall be issued by the City Clerk upon a positive recommendation
from the Chief of Police. In the event the Chief of Police recommends
denial, the application shall be submitted to the City Council for a
disposition in the same manner as an application for a Class A secondhand
goods dealer license. Failure of the City Clerk to grant the application or
submit it to the City Council within 30 days after receipt of the application
by the City Clerk shall be deemed a granting of the license.
3. Any falsification of on or material omission from a license application
shall constitute good and sufficient cause to deny the application.
614.08 Expiration of License. All licenses issued under this Chapter shall
expire as of midnight on December 31st of the year of issuance.
614.09 Renewal. An application for the renewal of an existing license
shall be made to the City Clerk prior to the expiration date of the license and shall be
made in such form as the issuing authority requires. Applications for renewal of a
pawnbroker, precious metal dealer and Class A secondhand dealer licenses shall be
submitted by the City Clerk to the City Council. Renewal of a Class B secondhand
dealer licenses shall be granted by the City Clerk unless the City Clerk, for good and
sufficient cause, determines there are grounds for denial in which case the City Clerk
shall submit the renewal application to the City Council.
614.10 Conditions for Approval of License.
1. No license under this Chapter shall be issued to an applicant who is a
natural person if such applicant:
(A) Is a minor at the time the application is filed;
(B) Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes, Section 364.03,
subd. 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of
pawnbroker, precious metals dealer, or secondhand goods dealer as
prescribed by Minnesota Statutes, Section 364.03, subd. 3;
(C) Is not a citizen of the United States or a resident alien;
(D) Is not of good moral character or repute; or
(E) Holds an intoxicating liquor license under this Code.
2. No license under this Chapter shall be issued to an applicant that is a
partnership if such applicant has any general partner or managing partner
who:
(A) Is a minor at the time the application is filed.
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ORDINANCE NO. 09 - 96
(B) Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes, Section 364.03,
subd. 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a
pawnbroker, precious metals dealer, or secondhand gods dealer as
prescribed by Minnesota Statutes, Section 364.03, subd. 3;
(C) Is not a citizen of the United States or a resident alien;
(D) Is not of good moral character or repute; or
(E) Holds an intoxicating liquor license under this Code.
3. No license under this Chapter 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) Is a minor at the time the application is filed;
(B) Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes, Section 364.03,
subd. 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a
pawnbroker, precious metals dealer, or secondhand goods dealer as
prescribed by Minnesota Statutes, Section 364.03, subd. 3;
(C) Is not a citizen of the United States or a resident alien;
(D) Is not of good moral character or repute; or
(E) Holds an intoxicating liquor license under this Code.
4. The following locations shall be ineligible for a license under this Chapter:
(A) 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 - 278.03, questioning the amount or
validity of taxes, the City Council may on application waive strict
compliance with this provision; no waiver may be granted,
however, for taxes or any portion thereof which remain unpaid for
a period exceeding one (1) year after becoming due.
(B) 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 Code, except
that a property owner who is a minor or who has been convicted
of a crime, other than a crime involving theft or falsehood, shall
not make the premises ineligible under this subsection.
(C) Pawnbroker and precious metal dealer operations may be located
only in General Commercial zoning districts. No pawn shop shall
be located within a distance of 1/2 mile of any other such business
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within the City of Lino Lakes as measured a straight line.
Secondhand goods dealer operations may be located only in
General Commercial, Community Commercial or Neighborhood
Commercial zoning districts, unless the establishment is operating
pursuant to a special use permit issued by the City.
5. The licensee, proprietor or manager of the establishment shall be a resident
of Anoka, Sherburne, Wright, Isanti, Carver, Scott, Hennepin, Ramsey or
Washington County as of the date approval of an original or renewal
license. For good cause, the City Council may extend the time for
establishing residency in one of the above named counties.
6. A proprietor or manager of the establishment shall be authorized to accept
service of process, civil or criminal, on behalf of the licensee.
614.11 Annual License Fees.
1. Pawnshop or Precious Metal Dealer. Except as provided below, the
annual license fee shall be $7,000.00.
(A) The annual license feel shall be $3,000.00 if the applicant provides
the required reports by electronic means as specified in Section
614.13.
(B) Any license holder who pays the lower fee but fails to provide
electronic reports in the specified manner shall pay the higher fee
for the succeeding year regardless of the reporting method. Such
licensee may again pay the lower fee commencing with the license
year succeeding the year in which the licensee begins specified
electronic reporting.
2. Class A Secondhand Goods Dealer. The annual fee shall be $700.00.
3. Class B Secondhand Goods Dealer. The annual fee shall be $100.00.
4. Class C Secondhand Goods Dealer. No annual fee.
5. The annual license fees for licenses issued after July 1st in any year shall
be 50% of the annual fee for the first year of the license.
6. The appropriate license fee shall be submitted with the application.
7. The license fee shall be refunded if the application is denied.
8. The annual license fee shall hereafter be established by resolution of the
,-- City Council.
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ORDINANCE NO. 09 - 96
614.12 Investigation Fee.
1. An applicant for a pawnbroker, precious metal dealer or a Class A
secondhand goods dealer license shall deposit with the issuing authority at
the time an original application is submitted, $250.00 to cover the costs
involved in verifying the license application and to cover the expense of
any investigation needed to insure compliance with this Chapter.
2. An applicant for a Class B secondhand goods dealer license shall deposit
with the issuing authority at the time an original application is submitted,
$50.00 to cover the costs involved in verifying the license application and
to cover the expense of any investigation needed to assure compliance
with this Chapter.
3. Investigation fees shall be submitted with the application and are not
refundable.
4. Investigation fees shall hereafter be established by resolution of the City
Council.
614.13 Licensee Requirements.
1. Record keeping. At the time of a receipt of an item of property, whether
sold or pawned, the pawnbroker or precious metal dealer shall
immediately record, using the English language, on computer disc in a
form according to standards on file with the Police Chief or in a book or
journal which has page numbers that are preprinted and in an indelible ink,
the following information:
(A) An accurate description of the item of property including, but not
limited to, any trademark, identification number, serial number,
model number, brand name, or other identifying mark on such
item;
(B) The date and time the item of property was received by the
pawnbroker or precious metals dealer;
(C) The name, address, telephone number and date of birth of the
person from whom the item of property was received.
2 Inspection of Records. The pawnbroker or precious metal dealer
shall make available the information required in subpart 1 of this Section
at all reasonable times for inspection by the City Police Department or
issuing authority. The information required in subpart 1 of this Section
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ORDINANCE NO. 09 - 96
shall be retained by the pawnbroker or precious metal dealer for at least
four (4) years.
3. Items for Which Daily Reports to Police Department are Required. For
the following items whether sold or pawned, the pawnbroker or precious
metal dealer shall complete forms approved by the City Police
Department.
(A) Any item with a serial number, identification number, or
"Operation Identification" number;
(B) Cameras;
(C) Electronic audio or video equipment;
(D) Precious jewelry, gems and metals;
(E) Artist -signed or artist -attributed works of art;
(F) Guns;
(G) Any item not included in (A) - (G) above, except furniture and
kitchen or laundry appliances, which the pawnbroker or precious
metal dealer intends to sell for more than $25.00.
4. Daily Report Forms. The daily report forms submitted to the City Police
Department shall contain the following information:
(A) An accurate description of the item of property including, but not
limited to, any trademark, identification number, serial number,
model number, brand name, or other identifying mark on such
item;
(B) The price of the item paid by the pawnbroker or precious metal
dealer and whether the item was purchased or pawned;
(C) The date, time and place of receipt of the item;
(D) The name, address, telephone number and date of birth of the
person from whom the item was received;
(E) The identification number from one of the following forms of
identification of the person from whom the item was received:
(I) A valid driver's license;
(II) A Minnesota identification Card; or
(III) A photo identification issued by the state of residency of
the person from whom the item was received.
5. Police Order to Hold Property. Whenever the City Police
Department notifies the pawnbroker, precious metal dealer or secondhand
goods dealer not to sell an item, the item shall not be sold or removed
from the licensed premises until authorized to be released by the City
Police Department.
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ORDINANCE NO. 09 - 96
6. Holding Period for Pawnbrokers. Any item pawned to a pawnbroker
for which a report to the Police Department is required under subpart (iii)
of this Section shall not be sold or otherwise transferred for 30 days after
the date of the 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. Any item sold to a pawnbroker for
which a report to the Police Department is required shall not be resold or
otherwise transferred for seven (7) days after the date of purchase.
7. Receipt. The pawnbroker or precious metal dealer shall provide a
receipt to the seller or pledger of any item of property received, which
shall include:
(A) The name, address and telephone number of the pawnbroker or
precious metal dealer.
(B) The date on which the item was received by the pawnbroker or
precious metal dealer.
(C) A description of the item received and amount paid to the pledger
or seller in exchange for the item pawned or sold.
(D) The signature of the pawnbroker or precious metal dealer or agent.
(E) The last regular business day by which the item must be redeemed
by the pledger without risk that the item will be sold and the
amount necessary to redeem the pawned item on that date.
(F) The annual rate of interest charged on pawned items received.
(G) The name and address of the seller or pledger.
8. Class A and B secondhand dealers shall maintain records and provide
those records to the Police Department pursuant to a records retention and
reporting plan approved by the Chief of Police prior to the issuance of a
license.
9. Class C secondhand dealers shall report transactions to the Police
Department on forms provided by the issuing authority.
10. Hours of Operation. No pawnbroker, precious metal dealer or
secondhand goods dealer shall keep the establishment open for the
transaction of business on any day of the week before 7:00 a.m. or after
10:00 p.m.
11. Minors. The pawnbroker, precious metal dealer or secondhand
goods dealer shall not purchase or received personal property of any nature
on deposit or pledge from any minor.
12. Inspection of Items. The pawnbroker, precious metal dealer or
secondhand goods dealer shall, at all times during the term of the license,
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allow the Police Department or issuing authority to enter the business
premises at a reasonable hour for the purpose of inspecting such premises
and inspecting the items, wares, and merchandise therein for the purpose
of locating items suspected or alleged to have been stolen or otherwise
improperly disposed of
13. License Display. A license issued under this Chapter must be posted
in a conspicuous place in the premises for which it is used. The license
issued is only effective for the compact and contiguous space specified in
the approved license application.
14. Maintenance of Order. A licensee under this Chapter shall be
responsible for the conduct of the business being operated and shall
maintain conditions of order.
15. Gambling. No license under this Chapter may keep, posses, or operate,
or permit the keeping, possession, or operation on the licensed premises of
dice, slot machines, roulette wheels, punchboards, blackjack tables or
pinball machines which return coins or slugs, chips, or tokens of any kind,
which are redeemable in merchandise or cash. No gambling equipment
authorized under Minnesota Statutes, Sections 349.11 - 349.60, may be
kept or operated and no raffles may be conducted on the licensed premises
and/or adjoining rooms. The purchase of lottery tickets may take place on
the licensed premises as authorized by the director of the lottery pursuant
to Minnesota Statutes, Section 349.01 - 349.15.
16. Prohibited Goods. No licensee under this Chapter shall accept any item
of property which contains an altered or obliterated serial number or
"Operation Identification" number or any item of property whose serial
number has been removed.
17. Proper Identification. A licensee under this Chapter shall not accept items
of property unless the seller or pledger provides to the pawnbroker,
precious metal dealer or secondhand good dealer one of the following
forms of identification:
(A) A valid driver's license;
(B) A Minnesota Identification Card; or
(C) A photo identification issued by the state of residency of the person
from whom the items was received.
No other forms of identification shall be accepted.
18. Redemption Period. The date by which an item of property that has been
.-- pawned must be redeemed by the pledger without risk that the item will be
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ORDINANCE NO. 09 - 96
sold must be a day on which the pawnbroker or precious metal dealer is
open for regular business.
19. Photograph Requirement for Pawnbrokers. The City Council finds the
the safety of the public is compromised when stolen property is easily
pawned or sold to pawnbrokers. Given the nature of the business of
pawnbrokers and the attraction pawnshops have to the criminally
disposed, the City Council either enacts the following license regulation.
A pawnbroker shall take either a photograph or a still video of each person
selling or pawning any item of property. If a photograph is taken, it shall
be at least two inches (2") in length by two inches (2 ") in width and shall
be immediately developed and referenced with the information regarding
the person and the item sold or pawned. The major portion of the
photograph shall include a front facial pose. The pawnbroker shall notify
the person of the photograph requirement prior to taking his or her
photograph. If a still video photograph is taken the video camera shall
zoom in on the person pawning or selling the merchandise so as to include
a close-up of the persons 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.
20. Holding Period for Precious Metal Dealers. Any item received by a
precious metal dealer for which a report to the Police Department is
required under subpart (iii) of this Section shall not be sold or otherwise
transferred for two (2) weeks after the date of the sale or pawn.
614.14 Restrictions Regarding License Transfer. Each license under
this Chapter shall be issued to the applicant only and shall not be transferable to any
other person. No licensee shall loan, sell, give or assign a license to another person.
614.15 Suspension or Revocation of License.
1. The City Council may suspend or revoke a license issued under this
Chapter upon finding of a violation of:
(A) Any of the provisions of this Chapter;
(B) Any state statute regulating pawnbrokers, precious metal dealers or
secondhand goods dealers; or
(C) Any state or local law relating to moral character and repute. Any
conviction by the pawnbroker, precious metal dealer or
secondhand goods dealer for theft, receiving stolen property, or
any other crime or violation involving stolen property, or any other
crime or violation involving stolen property shall result in the
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immediate suspension pending a hearing on revocation of any
license issued thereunder.
2. Except in the case of a suspension pending a hearing on revocation, a
revocation or suspension by the City Council shall be preceded by written
notice to the licensee and a hearing. The written notice shall give at least
eight (8) days notice of the time and place of the hearing and shall state the
nature of the charges against the pawnbroker, precious metal dealer or
secondhand goods dealer. The City Council may, without any notice,
suspend any license pending a hearing on revocation for a period not
exceeding 30 days. The notice may be served upon the pawnbroker,
precious metal dealer or secondhand goods dealer by Unity States mail
addressed to the most recent address of the business in the license
application. The licensee, or representative, may appear at the hearing,
with or without legal counsel and present evidence in opposition to the
suspension or revocation.
614.16 Prohibited Acts.
1. No pawnbroker shall:
(A) Lend money on a pledge at a rate of interest above that allowed by
law;
(B) Knowingly possess stolen goods;
(C) Sell pledged goods before the time to redeem has expired;
(D) Make a loan on a pledge or purchase property from a minor.
2. No precious metal dealer or secondhand goods dealer shall:
(A) Knowingly possess stolen goods; or
(B) Purchase property from a minor.
614.17 Penalties. In addition to sanctions that may be imposed against
a license under this chapter, any violation of this chapter is a misdemeanor.
614.18 Severability. If any section or portion of any section of this
chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of other sections or portions
of section of this chapter.
614.19 Effective Date. This ordinance will be effective 30 days
following its passage and publication as provided by the Lino Lakes City Charter.
Section 2. Adopted by the Lino Lakes City Council this 1 1 day of
,19 97
Octthber
PAGE 15
ORDINANCE NO. 09 - 96
John L. Landers, Mayor
ATTEST:
Marilyn G. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member and upon vote being taken thereon, the following voted in favor:
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
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