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HomeMy WebLinkAbout03-19-2003 MOUNDS VIEW PLANNING COMMISSION March 19, 2003 -- 7:00 P.M. REGULAR MEETING AGENDA 1. Call to Order 2. Roll Call 3. Approve Minutes: None 4. Citizens Requests and Comments on Items Not on the Agenda CITIZENS: BEFORE SPEAKING, PLEASE COME TO THE PODIUM, AND GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 5. Discussion and Review of Proposed Code Amendments to Regulate the Siting and Licensure of Pawn Shops in Mounds View. APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY THE COMMUNITY DEVELOPMENT DEPARTMENT AT 763-717-4020 IF YOU ARE UNABLE TO ATTEND. 6. Next Planning Commission Meeting: April 2, 2003 7. Adjournment to Agenda Session AGENDA SESSION 1. Review Minutes: February 19, 2003 March 5, 2003 2. Staff Reports a. Upcoming Planning Cases b. Budget Update 3. Chairperson and Planning Commissioners’ Reports N:\Data\Groups\Comdev\Planning Commission\PC Agendas\2003\03-05-03 PC Agenda.doc PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 19, 2003 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m., February 19, 2003. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Stevenson, Hegland, Scotch, Zwirn, Miller, Johnson and Song. Members Absent: None. Also Present: Community Development Director Ericson ________________________________________________________________________ Index to Minutes Page Planning Case VR03-001 2 Location: 2075 Hillview Road Applicant: Thuy Thi Bui and Jamey Viger Planning Case TX03-001 3 Location: 2865 Highway 10 Applicant: Greg Johnson Planning Case MI03-001 5 Location: 7656 Silver Lake Road Applicant: RM Michaels Construction, Inc. ______________________________________________________________________________ 3. Approve Minutes a. None. ______________________________________________________________________________ Mounds View Planning Commission February 19, 2003 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda Peg Meyer from the Cable Committee addressed the Commission and explained that the Cable Committee would like to produce a show on recent remodels and residential redevelopment in an attempt to encourage other Mounds View residents to remodel and improve their homes rather than move out of the City. She then asked Commissioners to contact her if they knew of any residents who would be interested in sharing their remodeling story. Commissioner Johnson asked Ms. Meyer to consider producing a show on the recent and upcoming commercial development within the City as well. __________________________________________________________________________ 5. Planning Case VR03-001 Community Development Director Ericson briefly updated the Commission on the variance request indicating that, at the last meeting, the Commission had agreed that the hardship requirements could not be met and had directed Staff to provide a Resolution denying the variance. He then clarified that, if the applicant were to submit a plan to expand the parking, the project could proceed as it is permitted by the City’s Zoning Code. Director Ericson told the Commission and residents in attendance that Staff is reviewing old documentation to determine whether representations were made as to the greenspace or landscaping of the property at the time it was constructed. Lou Bedberry asked if the property owner would be allowed to create a parking lot in front of the building. Director Ericson indicated that it would be allowed provided there was no requirement for greenspace or landscaping when the building was constructed. MOTION/SECOND: Zwirn/Johnson. To Approve Resolution 719-03, a Resolution Denying a Variance to Allow a Reduction in the Number of Parking Spaces Required for a Six-Unit Multiple Dwelling Rental Property. Ayes – 7 Nays – 0 Motion carried. Director Ericson indicated that the request to expand the building at this point has been stopped unless the property owner comes forward with a plan to expand the parking lot and add the garage spaces required by the City’s Code. Lou Bedbury said she did not think it was fair that they could park in front of the building when she cannot park her car in front of her house. Director Ericson indicated that Staff would research the matter and make sure that any conditions that were placed on the development are adhered to. Mounds View Planning Commission February 19, 2003 Regular Meeting Page 3 ________________________________________________________________________ 6. Planning Case TX03-001 Community Development Director Ericson explained that the property owner had requested an amendment to Chapter1111 of the Zoning Code for RO zoning districts. He then indicated that this is the only RO zoned property within the City and the request is to allow for a greater expansion of the commercial use of the property. Director Ericson indicated that Staff has put together some sample language to include all permitted uses in the B-2 zoning district and secondary automotive accessory installation. He then indicated that this would not affect any other properties in the City and Staff recommends a change be made to allow the addition to the Code. Commissioner Miller asked for a list of permitted uses in B-2. Director Ericson read the permitted uses in B-2 zoning districts from the City’s Code. Chair Stevenson indicated that the change would not affect any other property in the City. Greg Johnson, 2865 Highway 10, indicated the matter came up when he applied for a permit to enlarge his garage. The matter was discussed and it was determined that changing the Code would be preferable to going through the variance process and possibly setting a precedence for other residents to request more garage space. He then reiterated that his property is the only RO property within the City and vastly different than other residential properties. Mr. Johnson explained how he wished to enlarge his garage and noted that following the current requirements would make for an odd shaped garage. Commissioner Hegland asked how much more square footage would be requested if a variance was requested. Mr. Johnson indicated it would be between 200 and 250 square feet additional. Director Ericson indicated that, taking the approach that the property has two principal uses and this would be part of the commercial use, then the expansion, if over 10% would be subject to development review. He then explained that Mr. Johnson is operating under a conditional use permit and the variance would require that the City review the conditional use permit by public hearing. Commissioner Miller asked if a conditional use permit would still be needed if the Code were amended. Director Ericson indicated it would not be. Mounds View Planning Commission February 19, 2003 Regular Meeting Page 4 ________________________________________________________________________ Commissioner Hegland commented that the change would allow all B-2 business functions on that property and would change the zoning to “R-B2.” Director Ericson agreed but said that the Code discusses low intensity businesses but does not define what those businesses are. He then suggested removing the reference to B-2. Commissioner Hegland expressed concern with allowing B-2 type businesses on the property because of the residential properties that abut it. Director Ericson indicated eliminating the B-2 component would not change anything as long as there is an allowance for the use that is currently there. Commissioner Zwirn asked if the expansion is to facilitate the same type of business being operated. Mr. Johnson said yes and indicated it would take trailers into the shop rather than the yard. Commissioner Zwirn asked if the property is for sale. Mr. Johnson indicated the property is for sale but said this would not prevent a major development from coming in. He then said there is contact from time to time with potential developers and there is a developer asking around right now but he cannot wait to expand his business to see if it sells. He further indicated that he asked those around him what they would rather see on the site and they all said they would prefer commercial development to residential condominium development. He also indicated he had told his neighbors he was intending to expand his garage and none of them had an issue with it. Commissioner Zwirn asked if there had been any further contact with the developer that was before the City a few months ago. Mr. Johnson indicated that the developer has been contacting the fifth house on Groveland Road and made a low ball bid and she cannot replace the house for that. The resident zoned R-3 is not interested in selling because the condominiums would face his sideyard. He then said he had recommended the developer put the property back up for sale as the condominium plan is not going to work. Mr. Johnson indicated it could be a number of years before the area redevelops and he needs to expand his garage now. Commissioner Zwirn asked if additional parking would be needed. Mr. Johnson indicated he has sufficient parking. Commissioner Hegland said he felt the situation is unique enough that it would not set a precedence if the variance was requested. Mounds View Planning Commission February 19, 2003 Regular Meeting Page 5 ________________________________________________________________________ Director Ericson indicated he would be concerned about a variance in that while it may not set a precedence because there are no other R-O properties, the fact that there is absolutely no hardship whatsoever other than a desire to expand the business sends the wrong message to other property owners, which is why he would like to recommend the Code amendment rather than the variance. Director Ericson indicated this would be treated as a commercial use and would need to go through development review if the expansion is more than 10%. Mr. Johnson indicated this would be back before the Commission for development review. Commissioner Song asked if this matter would require a public hearing. Director Ericson indicated the Code amendment would be heard by the City Council and would require public hearings and publication. The Commission directed Staff to add the line to the code. ______________________________________________________________________________ 7. Planning Case MI03-001 Community Development Director Ericson indicated this request is for a zero lot line to allow for both sides of a twin home to be sold individually. He further indicated that the zero lot line would allow for owner occupied twin homes but does not guarantee that. Director Ericson indicated his Staff report discusses the requirements and indicated that all the requirements are met. He then clarified that the subdivision would be subject to park dedication fees due but those would be based on the current value less the fees previously paid. Director Ericson indicated there would be deed restrictions placed on the property and those are listed in the Resolution. He then indicated the applicant is ill and apologizes for not being able to attend. Commissioner Miller asked what the advantage would be for doing this. Director Ericson indicated the advantage would be that each side of the property could sell separately and that would encourage owner occupied twin homes. Commissioner Johnson indicated he was aware of a situation in another city where the residents of a twin home did not agree and one side painted the house one color and the other side painted it another color. Director Ericson indicated the City’s Code prohibits that. Mounds View Planning Commission February 19, 2003 Regular Meeting Page 6 ________________________________________________________________________ MOTION/SECOND: Zwirn/Song. To Approve Resolution 720-03, a Resolution Recommending Approval of a Zero Lot Line Subdivision for 7656 Silver Lake Road. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ 8. Next Planning Commission Meeting: March 5, 2003 ______________________________________________________________________________ 9. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:59 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc. PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 5, 2003 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m., March 5, 2003. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Stevenson, Hegland, Scotch, Zwirn, Miller, and Johnson Members Absent: Song (excused) Also Present: Community Development Director Ericson ________________________________________________________________________ Index to Minutes Page Planning Case TX03-001 2 Location: 2865 Highway 10 Applicant: Greg Johnson ______________________________________________________________________________ 3. Approve Minutes a. January 22, 2003 b. February 5, 2003 MOTION/SECOND: Miller/Zwirn. To Approve the Planning Commission Minutes of January 22, 2003 and February 5, 2003 as Presented. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission March 5, 2003 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Case TX03-001 Community Development Director Ericson updated the Commission on the request indicating the Commission had discussed the matter at its last meeting and had asked Staff to draft a Resolution recommending approval. Director Ericson indicated this matter was discussed and it was determined that the best way to address the request and allow the commercial use to expand would be a text amendment to the Code. He then said that the garage, at this time, is treated as a residential garage and that is not the use. The garage, with this change, would be treated as a commercial use and then any expansion would be subject to development review. Director Ericson reviewed the proposed change to the Code for the Commission and indicated a public hearing would be held at the Council meeting on March 24, 2003. Commissioner Miller asked if development review requirements were added to the Code. Director Ericson indicated that language was not added to the Code but was added to the Resolution. MOTION/SECOND: Hegland/Zwirn. To Approve Resolution 721-03, a Resolution Recommending Approval of a Text Amendment to Chapter 1111 of the Mounds View Zoning Code Pertaining to the R-O Zoning District. Ayes – 5 Nays – 0 Motion carried. (Commissioner Johnson had stepped down from the dais for the discussion and vote.) ______________________________________________________________________________ 6. Discussion pertaining to a Code Amendment to regulate the location and licensure of Pawn Shops in Mounds View. Community Development Director Ericson indicated a request was made to amend the Zoning Code and draft language pertaining to pawn shops and similar usages. He then indicated the City Council had adopted a moratorium Ordinance giving the City’s Planning Commission an opportunity to review the requirements that should be added to the business chapter of the Code as well as the Zoning Code for location and licensure of pawnshops. Director Ericson indicated he had received information from Mr. Przetycki, the interested individual, and that has been given to Commissioners. He then asked Commissioners for their Mounds View Planning Commission March 5, 2003 Regular Meeting Page 3 ________________________________________________________________________ thoughts on the pawnshop ordinance and said that Staff hoped to have a draft ordinance before the Commission to review at the next meeting. Chair Stevenson asked if a sixth month moratorium was approved. Director Ericson indicated that it was an 8 or 9 month moratorium or until such time as the ordinance is completed. Commissioner Miller asked what related establishments would be. Director Ericson indicated that check-cashing facilities are a similar type of operation and the City should discuss adding them to the ordinance. Director Ericson indicated that many communities have a setback requirement to say how far apart the usages have to be and whether a separation from churches, schools and day care facilities is required. Director Ericson indicated there has been no official application to locate the pawnshop but the potential business owner is interested in working with the City during the process of amending the Code. Chair Stevenson asked what the time frame was. Director Ericson indicated the Commission could take as many meetings as necessary to discuss and review the information before making a recommendation to Council. Commissioner Johnson asked what the large numbers listed in some of the sample ordinances were for. Director Ericson indicated that the numbers were annual license fees and they are that large because the City has a lot of responsibility and additional work when a pawnshop locates in town and the fees go toward offsetting those costs. Commissioner Miller asked what safeguards are there that the items are not stolen. Director Ericson indicated there are safeguards when merchandise is pawned. He then said that most communities require substantial identification of the person doing the pawning such as a photograph and/or a thumbprint. The pawnshop also cannot accept goods from persons under 18 and there is often a 30-day waiting period after the item is pawned to allow for the items to be entered into the computerized system and checked against reports of stolen goods. He further commented that the computerized system of entering pawned items makes police work much easier as they simply need to check the computer rather than call numerous pawnshops. Commissioner Hegland asked what the cost for membership would be. Mounds View Planning Commission March 5, 2003 Regular Meeting Page 4 ________________________________________________________________________ Director Ericson indicated the Police Department had recently put a Resolution before Council for approval of the system and the cost was between $2,000 and $2,500 for the initial set up fee and then there is a monthly fee. Commissioner Johnson indicated the computer software would assist the City with investigations regardless of whether a pawnshop locates in town and is something the City should have. David Przetycki of Mounds View addressed the Commission and indicated he has owned a jewelry store in St. Anthony for 18 years and, more recently, a Dunn Bros Coffee in Minneapolis. He then said that his former partner has gotten into working with Pawn America and he is interested in opening a pawnshop in Mounds View in the Mounds View Square building and is currently working with the property owners on a lease for 4,000 square feet as well as licensure with the City. Mr. Przetycki indicated that the pawnshop, in addition to annual license fees, would pay the City $1.50 for each item pawned and would be a good source for generating income for the City. The Commission thanked Mr. Przetycki for the information and said it would be studied and discussed. Director Ericson indicated Staff would have some draft language with a number of options for review and consideration at the next meeting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: March 19, 2003 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:22 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc. Item No: 5 Meeting Date: March 19, 2003 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Interim City Administrator Item Title/Subject: Review Changes to the Zoning Code Related to Pawnshops Introduction: As the Commission is aware, the City is in the process of amending it’s zoning and Business Code to allow for the regulation of Pawnshops in Mounds View. The City Council adopted an Interim ordinance on February 27, 2003 which directs the Planning Commission to review the zoning implications and to recommend applicable provisions. At he Commission’s last meeting on March 5, 2003, I indicated that a Planning Consultant was retained to assist with the development of the amendments. Attached is a first draft of the proposed zoning amendments. Discussion: The proposed amendments, attached as Exhibit 1, add definitions to the Zoning Code and identify which district such a use would be appropriate. Also contemplated by the draft language is whether the use would be considered a permitted or conditionally permitted use. As you can see from the attached language, the district identified for such a use is the B4, Regional Business District. The use is, at least thus far, is proposed as an permitted use. My initial reasoning why a Pawnshop could be considered a permitted use rather than conditionally permitted use is based on the requirements that will be addressed in Chapter 500 of the Municipal Code, which will address all of the specific licensing requirements. (That component of the ordinance is not yet ready for review.) The City Council would need to hold a public hearing regarding a requested Pawnshop license, a background investigation would be performed and staff would review any licensing requirements and conditions and provide such research to the City Council. It would seem redundant to require a public hearing for the license and then another public hearing for the use itself. Issues that will be addressed under the licensing provisions would include an annual license fee, a per-transaction fee, investigation fee, and all other operational requirements that reside outside the realm of zoning. Staff will be proposing the following fees relative to Pawnshops: o $2,500 annual fee o $500 investigation fee o $1.50 per transaction fee o $5,000 performance bond in force for the life of the operation Pawnshop Report March 19, 2003 Page 2 Other cities require, in addition to a Pawnshop license, a second-hand goods license and/or a precious metals dealer’s license. Mounds View has neither license and staff would like comment from the Commission as well as the City Council as to the potential need for such licenses. Other considerations which could fall under the Zoning Code or could be conditions set forth within the licensing provisions are hours of operation, separation between similar uses (e.g., do we want to allow a concentration of Pawnshops to assemble in Moundsview Square or set the spacing requirements such that only one such business could locate in the mall.) Also attached to this report, along with the proposed zoning amendments, is a recently adopted Pawnshop ordinance from Roseville. You’ll note that the ordinance includes reference to precious metals regulation. Recommendation: Staff recommends the Commission review and discuss the attached information and provide direction to staff regarding the questions and issues identified in this report. _____________________________________ James Ericson Interim City Clerk/Administrator Attachments: 1. Proposed Zoning Amendments 2. Roseville Pawn Ordinance ORDINANCE NO. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE SECTIONS 1102.02, PERTAINING TO DEFINITIONS, AND 1115.02, PERTAINING TO PERMITTED USES IN B-4 ZONING DISTRICTS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1102.02 of the Mounds View Zoning Code pertaining to definitions is hereby amended by adding new definitions as underlined to read as follows: Subd. 86. PAWNBROKER: (a) Except as provided in paragraph (b) , "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged 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. (b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings and loan whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings and loan associations; any state or federally chartered credit union; any industrial loan and thrift company or regulated lender subject to licensing and regulation by the department of commerce. Subd. 87. PAWNSHOP: "Pawnshop means the location at which or premises in which a pawnbroker regularly conducts business. All existing subsequent subdivisions within Section 1102.02 are hereby renumbered as appropriate. SECTION 2: Section 1115.02 of the Mounds View Zoning Code pertaining to Permitted Uses within the B4 Zoning District is hereby amended by alphabetically inserting the following underlined uses: Pawnshops, as regulated and licensed according to Chapter 516 of the City Code. SECTION 3. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this __ day of ____, 2003. Read and passed by the City Council of the City of Mounds View this __ day of ____, 2003. Jerry Linke, Mayor ATTEST: ________________________________ James Ericson, Acting Clerk / Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney PUBLIC NOTICE ORDINANCE NO. 1275 AN ORDINANCE AMENDING TITLE 3, CHAPTER 311 OF THE ROSEVILLE CITY CODE CONCERNING PAWNBROKERS AND PRECIOUS METAL DEALERS THE CITY COUNCIL OF THE CITY OF ROSEVILLE ORDAINS: SECTION 1. Title 3, Chapter 311 of the Roseville City Code is amended to read: 311.01: PURPOSE: The City Council finds that pawnbrokers and precious metal dealer regulation is appropriate because such activities 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 of such activities is warranted because customers of such businesses frequently seek their services during times of desperate financial circumstances. (Ord. 1139, 4-25-1994) To help the police department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this Chapter also implements and establishes the required use of the Automated Pawn System (APS). 311.02: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: ACCEPTABLE IDENTIFICATION: Acceptable forms of identification are a current valid Minnesota driver’s license, a current valid Minnesota identification card, or a current valid photo driver’s license or identification card issued by another state or province of Canada. BILLABLE TRANSACTIONS: Every reportable transaction conducted by a pawnbroker, except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee’s possession. ISSUING AUTHORITY: The City of Roseville. ITEM CONTAINING PRECIOUS METAL: An item made in whole or in part of metal and containing more than one percent (1%) by weight of silver, gold or platinum. MINOR: Any natural person under the age of eighteen (18) years. PAWNBROKER: A person who loans money on deposit or pledge of personal property or other valuable thing or who deals in the purchasing of personal property or other valuable thing on condition of selling that same thing back again at a stipulated price or who loans money secured by chattel mortgage or 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. Pawnbroker does not include businesses or persons who engage in transactions in which a used or secondhand item is exchanged for a new item and the value of the new item exceeds the value of the secondhand item, or who buys and sells used goods or equipment of a specialized nature such as exercise or sporting equipment, or children’s clothes. A bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this Chapter. PAWNSHOP: Any business establishment operated by a pawnbroker. PERSON: One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation, a trust, a political subdivision of the state; or any other business organization. PRECIOUS METAL DEALER: Any person engaging in the business of buying coins or secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. Persons conducting the following transactions shall not be deemed to be precious metal dealers: A. Transactions at occasional "garage" or "yard" sales, or estate sales or auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of Minn. Stat. §§ 325F.734 to 325F.742, for these transactions. B. 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 or flake covered in lithographic and x-ray film processing. F. Transactions involving coins or bullion in 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 Minn. Stat. §§ 325F.734 to 325F.742 H. Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes, section 325F.733, or if the seller's business is located outside of the State and the item is shipped from outside the State to a dealer licensed under Minnesota Statutes, section 325F.733. I. Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques and the items are resold in an unaltered condition except for repair, and the items are resold at retail and the buyer paid less than two thousand five hundred dollars ($2,500.00) for secondhand items containing precious metals purchased within any period of twelve (12) consecutive months. (Ord. 1139, 4-25-1994) PRECIOUS METALS: Silver, gold or platinum. (Ord. 1169, 8-26-1996) REDEMPTION PERIOD: The date by which an item of property that has been pawned must be redeemed by the pledger without risk that the item will be sold. Such date must be a day on which the pawnbroker or precious metal dealer is open for regular business. (Ord. 1139, 4-25-1994) REPORTABLE TRANSACTION: Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended, or for which a unique transaction number or identifier is generated by their point-of-sale software, is reportable, except: 1.The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record. 2.Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. 311.03: LICENSE REQUIRED: No person shall exercise, carry on or be engaged in the trade or business of pawnbroker or precious metal dealer within the City unless such person is currently licensed under this Section to be a pawnbroker or precious metal dealer, respectively. (Ord. 1139, 4-25- 1994) 311.04: APPLICATION FOR LICENSE: Every application for license under this Section, whether for a natural person, partnership, corporation or other organization, shall be made on a form supplied by the City and shall contain all information as required on that form by law. (Ord. 1139, 4-25- 1994) All applications for a license under this Chapter shall be signed and sworn to under oath or affirmation by applicant. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the dealer must complete and submit the appropriate application within fourteen (14) days. The manager shall be subject to the investigation required by Section 311.05, and to payment of the investigation fee required by this Chapter, which shall be paid in advance. The designation of a new manager shall not cause the license to become invalid before a decision is rendered, provided proper notice and application are made by the applicant. A proposed new manager shall be referred to as the interim manager. In the event an interim manager is rejected, the licensee shall designate another interim manager and make the required application within fourteen (14) days of the decision. If a proposed manager is rejected, the decision may be appealed to the City Council by filing a written notice of appeal with the City Manager within ten (10) days after being notified of the rejection. 311.05: INVESTIGATION BY POLICE DEPARTMENT: A. Investigation And Report: All applications shall be referred to the Police Department for verification and investigation of the facts set forth in the application. The Police Department shall make a written report and recommendation to the City Council as to issuance or nonissuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. B. Cost Of Investigation; Deposit: An applicant for any license under this Section shall deposit with the City, at the time an original application is submitted, five hundred dollars ($500.00) to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this Section. If the investigation and verification process is conducted outside the State of Minnesota, the City may require the actual investigation costs not exceeding one thousand five hundred dollars ($1,500.00). (Ord. 1139, 4-25-1994) 311.06: TERM OF LICENSE AND RENEWALS: A.Term: All licenses issued through this Section shall be for a period of twelve (12) months beginning January 1, prorated on a monthly basis. B.Renewal: A license under this Section will not be renewed: 1.If the City Council determines that the licensee has failed to comply with the provisions of this Chapter in a preceding license year. 2.There would be sufficient grounds not to issue a license in the first instance. (Ord. 1139, 4-25-1994) 311.07: LICENSE FEES: The license application fees for pawnbrokers' and precious metal dealers' licenses shall be as set forth in Section 301.03 of this Title. (Ord. 1139, 4-25-1994) 311.075: BILLABLE TRANSACTION FEES: Licensees shall pay a monthly transaction fee on all billable transactions as set forth in Section 301.03 of this Title. Such fee shall be due and payable within thirty (30) days. Failure to timely pay the billable transaction fee shall constitute a violation of this Chapter. 311.076: BOND REQUIRED At the time of filing an application for a license, the applicant shall file a bond in the amount of Ten Thousand Dollars ($10,000.00) with the City. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the City Attorney. The bond must be conditioned on the licensee observing all ordinances of the City and all laws relating to the business of pawnbroker or precious metal dealer, and the licensee accounting for and delivering to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or precious metal dealer, or in lieu thereof such licensee paying the person or persons the reasonable value thereof. The bond shall contain a provision that it may not be cancelled without thirty (30) days advance written notice to the licensing authority. 311.08: INELIGIBLE PERSONS AND LOCATIONS: A. Ineligible Persons: No licenses under this Chapter shall be issued to an applicant who is a natural person, general or managing partner, manager, proprietor or agent if such applicant: 1. Is a minor at the time the application is filed; 2. Has been convicted of any offense related to the occupation licensed or involving moral turpitude; 3. Is not a citizen of the United States or a resident alien; 4. Is not of good moral character or repute; 5. Holds an intoxicating liquor license under this Code; or 6. Has had a pawnbroker or precious metal dealer license revoked elsewhere. 7. Other good and sufficient reason in the sole discretion of the City Council. B. Ineligible Locations: The following locations shall be ineligible for licenses under this Chapter: 1. No license shall be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the State, County, School District or City are due, delinquent or unpaid. 2. No license shall be granted or renewed if the property on which the business is to be conducted is owned or controlled by a person who is ineligible for a license. 3. The property is not properly zoned. C. Multiple Brokers Or Dealers Prohibited: No license shall be issued for multiple pawnbrokers or precious metal dealers at one location. (Ord. 1139, 4-25-1994) 311.09: REQUIREMENTS OF LICENSEES: A. Record Keeping: All licensees shall maintain a computerized system for the creation, maintenance, and storage of transactional records regarding licensed activities. At the time of a receipt of an item of property, whether purchased or pawned, the pawnbroker or precious metal dealer shall immediately record, on computer disc or if the computer is temporarily unavailable in a book or journal which has page numbers that are preprinted and in an indelible ink, the following information: 1. An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand, brand name or other identifying mark on such item; 2. The date and time the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. Transaction identifiers must be consecutively numbered; 3. The name, address, residence phone number, date of birth, and accurate description including: sex, height, weight, race, color of eyes and color of hair of the person from whom the item of property was received; 4. The identification number and state or nation of issue from any of the following forms of identification of the person from whom the item of property was received: a. A valid driver's license; b. A valid state or national picture identification; 5. The price of the item paid and whether the item was purchased or pawned; 6. A list of all fees and charges which the transaction may be subject to; 7. A signed statement from the person from whom the item of property is received that there are no liens on the item, that it is not stolen and that the person has the right to sell it. (Ord. 1169, 8-26-1996) 8. The licensee must also take a color photograph or color video recording of: a. Each customer involved in a billable transaction. b. Every item pawned or sold that does not have a unique serial or Identification number permanently engraved or affixed. The photograph taken must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police, or the chief's designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for four (4) months, and furnish it to the police department upon request. 9. Digitized photographs. Effective sixty (60) days from the date of notification by the police department licensees must fulfill the color photograph requirements by submitting them as digital images, in a format specified by the issuing authority, electronically cross- referenced to the reportable transaction they are associated with. 10. Renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, the type of transaction, interest charges accrued, and any amount paid for the transaction or the article. When an article of purchased or forfeited property is sold or disposed of by a licensee 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. B. Inspection Of Records: The pawnbroker or precious metal dealer shall make available the information required in subsection A above at all reasonable times for inspection by the City Police Department or other representative of the City. The information required in this Section shall be retained by the pawnbroker or precious metal dealer for at least five (5) years. Entries of required digital images shall be retained a minimum of one hundred twenty (120) days C. Daily Reports To Police Are Required: The pawnbroker or precious metal dealer shall submit daily to the police department all information required by this Section regarding every reportable transaction by transferring it from their computer to the Automated Pawn System. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority using procedures that address security concerns of the licensees and the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the police department daily. D. Data Transfer Failures: a. If a licensee is unable to successfully transfer the required reports by electronic means, the licensee must provide the police department printed copies of all reportable transactions along with the video tape(s) for that date, by noon the next business day; b. If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports and must be charged a fifty dollar ($50.00) reporting failure penalty, daily, until the error is corrected; or c. If the problem is determined to be outside the licensee's system, the licensee must provide the required and resubmit all such transaction via modem when the error is corrected. d. If a licensee is unable to capture, digitize or transmit the photographs required by this Chapter, the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request. e. Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. f. The Police Department may, upon presentation of extenuating circumstances by the licensee, delay the implementation of the daily reporting penalty imposed by this Section. E. Police Order To Hold Property: Whenever the City Police Department notifies the pawnbroker or precious metal dealer not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the Police Department. (Ord. 1139, 4-25-1994) F. Holding Period Of Pawnbrokers: Any item sold or pawned to a pawnbroker for which a report to the police is required under subsection E of this Section shall not be sold or otherwise transferred for sixty (60) days after the date of the sale or pawn. However, an individual may redeem an item pawned seventy two (72) hours after the item was received on deposit by the pawnbroker, excluding Sundays and legal holidays. (Ord. 1169, 8-26-1996) G. Receipt: The pawnbroker or precious metal dealer shall provide a receipt to the seller or pledger of any item of property received, which shall include: 1. The name, address and phone number of the pawnbroker or precious metal dealer business. 2. The date on which the item was received by the pawnbroker or precious metal dealer. 3. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold. 4. The signature of the pawnbroker or precious metal dealer or agent. 5. The last regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item on that date. 6. The annual rate of interest charged on pawned items received. (Ord. 1139, 4-25- 1994) 7. The name, address, and signature of the seller or pledger. (Ord. 1169, 8-26-1996) H. Hours Of Operation: No pawnbroker or precious metal dealer shall be open for the transaction of business on any day of the week before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M. I. Minors: The pawnbroker or precious metal dealer shall not purchase or receive personal property of any nature on deposit or pledge from any minor. J. Inspection Of Items: The pawnbroker or precious metal dealer shall at all times during the term of the license allow the City Police Department to enter the premises where the pawnbroker or precious metal dealer business is located, 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. K. License Display: A license issued under this Section 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. L. Maintenance Of Order: A licensee under this Section shall be responsible for the conduct of the business being operated and shall maintain conditions of order. M. Prohibited Goods: No licensee under this Section 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. N. Payment by Check: Payment of more than Two Hundred Fifty Dollars ($250.00) by a licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft, or other negotiable or non-negotiable instrument which is drawn against funds held by a financial institution. This policy must be posted in a conspicuous place in the premises. O. Holding Period For Precious Metal Dealers: Any item received by a precious metal dealer for which a report to the police is required under subsection C of this Section shall not be sold or otherwise transferred for two (2) weeks after the date of the sale. P. Storage Sites: Except for items designated in subsection C8 of this Section, all item must be stored within the licensed premises building except the City may permit the licensee to designate one locked and secured warehouse building within the City within which the licensee may store only cars, boats and other motorized vehicles. No item may be stored in the designated warehouse building that is not reported in the records pursuant to subsection A of this Section. The licensee shall permit immediate inspection of the warehouse at any time during business hours by the City, and failure to do so is a violation of this Chapter. Oversized items may not be stored in parking lots or other outside areas. All provisions in this Section regarding record keeping and reporting shall apply to oversized items. Q. Off-Site Sales Storage: All items accepted by a licensee at a licensed location in the City shall be for pledge or sale through a licensed location in the City. No licensee under this Section shall sell any items which are transferred from a nonlicensed facility or a licensed facility outside the City. (Ord. 1139, 4-25-1994) 311.10: ALARM SYSTEM REQUIRED: An alarm system, professionally installed and approved by the City Manager or his/her designee, must be installed at the licensed premises. (Ord. 1139, 4-25-1994) 311.11: SUSPENSION OR REVOCATION OF LICENSE: A. Violation: The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of: 1) any of the provisions of this Chapter; 2) any State statute regulating pawnbrokers or precious metal dealers; 3) any State or local law relating to moral character and repute. Any conviction by the pawnbroker or precious metal dealer for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. B. Notice; Hearing: Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker or precious metal dealer. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. The notice may be served upon the pawnbroker or precious metal dealer by United States mail addressed to the most recent address of the business in the license application. (Ord. 1139, 4-25-1994) 311.12: PROHIBITED ACTS: A. No pawnbroker licensed upon this Chapter shall: 1. Lend money on a pledge at a rate of interest above that allowed by law; 2. Possess stolen goods; 3. Sell pledged goods before the time to redeem has expired; 4. Refuse to disclose to the pledger, after having sold pledged goods, the name of the purchaser or the price for which the item sold; 5. Make a loan on a pledge to a minor or purchase property from a minor. B. No precious metal dealer licensed under this Chapter shall: 1. Possess stolen goods; or 2. Purchase property from a minor. (Ord. 1139, 4-25-1994) 311.13: ADOPTION OF STATUTE BY REFERENCE: Minnesota Statutes, sections 325J.01 et seq., 1996, are hereby adopted by reference. Wherever this Chapter is more restrictive than said statute, this Chapter will control. Wherever said statute is more restrictive than this Chapter, said statute shall control. (Ord. 1169, 8-26-1996) SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 18th day of November, 2002, by the City Council of the City of Roseville. Mayor John Kysylyczyn