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HomeMy WebLinkAboutCc1800 1800 AN ORDINANCE REGULATING THE OPERATION OF PAWNBROKERS, SECOND HAND GOODS DEALERS, AND PRECIOUS METALS DEALERS WITHIN THE CITY OF OAK PARK HEIGHTS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1800.01 Purpose. The city council finds that use of services provided by pawnbrokers, secondhand goods dealers, and precious metals dealersprovides an opportunity for the commission andconcealmentof property based crimebecause thesebusinesses have the ability to receive and transfer property stolen by others easily and quickly. The city council also finds that consumer protection regulation is warranted in transactions involving these businesses. The city council further finds that the industry places an increased burden onthe city's current ability to effectively or efficiently identify criminal activity related to these businesses.Transient or temporary businesses of these types present a greater risk to consumer protection and risk of receiving stolen property, because many of these temporary businesses have out-of-state addresses not easily traced by consumersor law enforcement. The purpose ofthis chapter is to prevent thesebusinesses from being used as facilities for the 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. To help the police department better regulate current and futurebusinesses, decrease and stabilize costs associatedwith the regulation of theindustry, and increase identification of criminal activities in theindustry 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). 1800.02 Definitions. When used in this article, the following words shall mean: Billable transaction. Every reportable transaction conducted by a pawnbroker, precious metal dealer, or secondhand goods dealeris a billable transaction except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession, voided transactions, and confiscations. Dealer -any person whoseregular business includes the purchase of used goods, wares or merchandise for the purpose of selling them at wholesale or retail to any qualified purchaser. Flea Market -any group of five (5) or more unrelated persons or businesses selling secondhand goods to the public from a single physical location. Internet Auction -the sale of merchandise on the World Wide Web, or Internet, by a person who is registered with and assigned a designated account or user name by the Internet website hosting the auction. Issuing Authority -the City of Oak Park Heights. Item - any single physical article; however, with respect to a commonly accepted grouping of articles that are purchased as a set and have greater value as a set than the combined value of its components set if sold individually, the term “item” shall refer to the set. 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. Licensee -the person to whom a license is issued pursuant to this Ordinanceincluding any agent or employees of the person. Licensed Premises -the premises described in the license issued by the City’s Issuing Authority. Minor -any natural person under the age of eighteen (18) years. Pawnbroker. Any natural person, partnership, limited liability companyor corporation, either as principal, or agent or employee thereof, 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 the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker' s business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable. Person -one (1) or more natural persons; a partnership, including a limited partnership; a limited liability company or corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subordinanceof the state; or any other business organization. Precious Gems -any gem that is valued for its character, rarity, beauty, or quality, including diamonds, rubies, emeralds, sapphires, or pearls, or any other precious gems or stones, whether as a separate item or in combination as a piece of jewelry or other crafted item. Precious Metals -silver, gold, platinum, and sterling silver, whether as a separate item or in combination, as a piece of jewelry or other crafted item, except items plated with precious metal or metals and the plating equals less than one percent (1%) of the item’s total weight. Precious Metal Dealer - any person engaging in the business of coin dealer or buying secondhand items containing precious metal or gems, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. Dealers in these items shall include, without limitation, antique dealers, consignment house dealers, and auction house dealers. Precious Metal Item -coin with a numismatic value or intrinsic value greater than its denominational value, precious gems,gold, silver, platinum, and sterling silver, whether as a separate item or in combination as a piece of jewelry or other crafted item, except items plated with precious metal or metals and the plating equals less than one percent (1%) of the item’s total weight. Receive -to purchase, accept for sale, on consignment, broker or receive in trade for an item of equal or lesser value. Reportable transaction. (a) Every transaction conducted by a pawnbroker, precious metal dealer, or secondhand goods dealer,in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software, or an item isconfiscated by law enforcement, 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 businessmust 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. (3) Items purchased from a Minnesota city, county or other political subordinance’slaw enforcement agency as an alternative to disposing ofunclaimed, impounded, seized or confiscated items through public auction or sale, as allowed by State statute or local ordinance. Secondhand Goods Dealer - any person whose regular business includes selling or receiving secondhand goods, including auction house dealers, consignment house dealers, flea market dealers and antique dealers, but not including used car sales involving vehicles with titles requiring registration with the Minnesota Department of Motor Vehicles under Minnesota Statutes Chapter 168 or boats required to be registered with the Department of Natural Resources. Secondhand Goods - any tangible personal property, previously owned, used, rented or leased by a person other than the dealer offering it for sale, including without limitation: electronic audio or video equipment; firearms; musical instruments; sports equipment; photographic equipment; outboard motors; inboard drives; nautical sonar or radar devices; electric, pneumatic or hydraulic powered construction or mechanical equipment or tools; computers or computer-related equipment; cellular telephones or other communication devices; jewelry; coins; precious metals; artist signed or artist attributed original works of art and other secondhand goods or merchandise. Temporary Secondhand Goods Dealer - any person who engages in the business of secondhand goods dealer and who either occupies a place of business or lot as a guest, tenant- at-will, or under a lease for a period shorter than six (6) months, unless that person has occupied the place of business for more than six (6) months immediately prior to the occupancy becoming at will. Temporary Precious Metal Dealer -any person who engages in the business of buying secondhand precious metal items from the general public and whoeither occupies a place of business or lot as a guest, tenant-at-will, or under a lease for a period shorter than six (6) months, unless that person has occupied the place of business for more than six (6) months immediately prior to the occupancy becoming at will. 1800. 03LICENSE OR REGISTRTION REQUIRED No person shall, exercise, carry-on or engage in the business of a secondhand goods dealer, precious metal dealer, temporary precious metal dealer, temporary secondhand goods dealer, or pawn broker, unless currently licensed or registered. Issuance of a license or registration pursuant to this ordinanceshall not relieve the dealer from obtaining any other licenses required to conduct other businesses at the same or any other location. Pawnbrokers licensed under this ordinanceand Precious Metal Dealers licensed under this ordinancedo not have to obtain a separate secondhand goods dealer’slicense. However, secondhand goods transactions conducted by a licensed pawnbroker or precious metal dealer must be in conformity with all of the requirements set forth in this Ordinanceas though the pawnbroker or precious metal dealer held a separate secondhand goods dealer’s license. This includes, without limitation, the recordkeeping, reporting and operational requirements and restrictions set forth in this Ordinance. Violations of this Ordinancewill result in possible suspension or revocation of the pawnbroker’s, or precious metal dealer’s, license. 1800.04 License and Reporting Exceptions: Thefollowing persons shall not be subject to the licensing requirements and regulations of this Ordinance: Persons or businesses meeting an exceptionto the licensing requirement for items or exceptions listed below but otherwise are required to comply withlicensing and reporting requirement of the ordinance are required to comply with all requirements for all items regardless of exemption forthe item or exception. (a)Persons who are residents, tax exempt, non-profit public charitable organizations, tax exempt political organizations or tax exempt, non-profit civic organizations conducting the occasional sale of secondhand goods at events commonly known as “garage sales”, “yard sales”, “moving sales”, “fundraiser sales” or “estate sales” where all of the following are present: (1)The sale is held on real property located within the City that is occupied as a dwelling by one of the sellers or owned, rented or leased by the charitable, political or civic organization; (2)The persons conducting the sale own the items offered for sale and receive all the proceeds there from; (3)The sales event does not exceed a period of seventy-two (72) consecutivehours with no more than two(2) sales events being held within a twelve (12) month period; (4)The sales event does not include the sale of firearms. (b)Persons or businesses meeting an exception to the licensing and reporting requirements of the ordinance under this section(1800.04 b)are required to comply with the record keeping requirements of this ordinancewiththeexception of the photographic image requirement.These records will be maintained and available to law enforcement on site and in conformance with 1800.08. Secondhand goods dealers who register with the Issuing Authority and whose business plan and records clearly demonstrate on an annual and continuing basis to the satisfaction of the Issuing Authority that they have not paid an aggregate amount to an individual seller for all of the items received from that seller at the same time or within six (6) months in one or multiple transactions of two hundred dollars ($200.00) or more and that they conduct transactions exclusively involving the sale or receipt of any combination of the following: (1)Antique secondhand books, magazines, postcards, stamps or philatelic material; (2)Secondhand furniture, excluding: antiques; audio, video or other electronic devices; or architectural elements, lighting fixtures or lamps; (3)Secondhand cookware, glassware or eating utensils not containing precious metals; (4)Secondhand clothing and shoes, excluding leather or fur outerwear and apparel generally associated with the playing of or as equipment for a particular sport or recreational activity; (5)Secondhand infants’, toddlers’ or children’s’ clothing, appliances, furniture or safety devices. (6)Secondhand video games and movies. (c)Secondhand goods dealers who register with the Issuing Authority and whose business plan and records clearly demonstrate on an annual and continuing basis to the satisfaction of the Issuing Authority that they acquire their secondhand merchandise exclusively by: (1)Sales of property from a merchant, manufacturer, wholesaler, corporate entity or government entity, having an established place of business, or goods sold at open sale from bankrupt stock, provided the secondhand goods dealer must maintain a record of all such transactions which includes at a minimum Written Declaration of Ownership setting forth: (A)the seller’s full corporate name, corporate address, telephone number, federal Employee Identification Number (EIN) or federal Tax Identification Number, full name of the chief executive officer of the corporation, and a description of the seller’s business; (B)an accurate description of each item of property that must identify the item in a manner that relates to the transaction record including, but not limited to, any trademark, identification number, serial number, model number, brand name or other identifying mark on the items; (C)adescription of the nature of the transaction, such as trade, consignment or sale; (D)the purchase price, asking price if consigned, or value attributed to the items if accepted in trade; and (E)asigned statement by the seller that the seller is the true owner of the property or proof of their authorization from the true owner to dispose of the items, and that the property is free from all other claims or liens. (2)Transactions between dealers if both dealers are licensed under Minnesota Statutes, Section 325F.733 or this Ordinanceof the City Code, 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 or this Ordinanceof the City Code. (3)Secondhand goods that have been donated without compensation. (d)Transactions conducted by sheriffs or other public officers who are acting according to law in their official capacity. (e)Transactions regulated by Minnesota Statutes Chapter 80A or the Federal Commodity Futures Commission Act. (f)Secondhand goods dealers who are able to demonstrate to the Issuing Authority upon request that they qualify as a recognized, tax exempt, non-profit organization pursuant to Section 501( c) of the Internal Revenue Code or tax exempt political organization pursuant to Section 527 of the Internal Revenue Code and regulated pursuant to Minnesota Statutes 10A.14, who exclusively conduct transactions involving the sale or receipt of secondhand goods that have been donated without compensation. 1800.05License fees. (a) The annual license fees for licenses issued under this chapter shall be as established in appendix A. (b) The billable transactionfee shall reflect the cost of monitoring and processing transactions and other related regulatory expenses as determined by the city council, and shall be reviewed and adjusted, if necessary, annually. Licensees shall be notified in writing thirty (30) days before any adjustment is implemented. (c) Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation of this chapter. 1800.06Application required. (a) (Contents.) An application form provided by the city administration must be completed by every applicant for a new license or for renewal of an existing license. Every new applicant must provide all the following information: (1) If the applicant is a natural person: a. The name, place and date of birth, street resident address, and phone number of applicant. b. Whether the applicant is a citizen of the United States or 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 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 certified copy of the certificate as required by Minnesota Statutes, Section 333.01. e. The street address 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 proceeding five (5) years. g. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place, and offense of all such convictions. h. The physical description of the applicant. i. Applicant's current personal financial statement and true copies of the applicant's federal and state tax returns for the two (2) years prior to application. j. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in a. through h. of sub ordinance(1) of this section. (2) If the applicant is a partnership: a. The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in sub ordinance(1) of this section. b. The name(s) of the managing partner(s) and the interest of each partner in the licensed 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 must be attached to the application. d. A true copy of the federal and state tax returns for partnership for the two (2) years prior to application. e. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in a. through h. of sub ordinance(1) of this section. (3) If the applicant is a limited liability company, corporation or other organization: a. The name of the limited liability company, 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 attachedto the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, must be attached. c. The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor, or agent required in a. through h. of sub ordinance(1) 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 sub ordinance(1) above. This sub ordinance (d), however, shall not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it. (4) For all applicants: a. Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit. b. Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer, or secondhand dealer license from any other governmental unit. c. The location of the business premises. d.If the applicant does not own the business premises, a true and complete copy of the executed lease. 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 must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. h. Such other information as the city council or issuing authority may require. (b) New manager. 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 licensee must complete and submit the appropriate application within fourteen (14) days. The application must include all appropriate information required in this section. (1) Upon application ofan investigation of a new manager, the licensee must pay an amount equal to the cost of the investigation to assure compliance with this chapter. If the investigation process is conducted solely within the State of Minnesota, the fee shall be five hundred dollars ($500.00). If the investigation is completed and it was conducted outside the State of Minnesota, the issuing authority may recover the actual investigation costs not exceeding ten thousand dollars ($10,000.00). (c) Application execution. All applications for a license under this chapter must be signed and sworn to under oath or affirmation by the applicant. If the application is that of a natural person, it must 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. (d) Investigation. The police department must investigate into the truthfulness of the statements set forth in the application and shall endorse the findings thereon. The applicant must furnish to the police department such evidence as the inspector may reasonably require in support of the statements set forth in the application. (e) Public hearing. The council member may request a public hearing at council, or in the evening hours at a location in the approximate vicinity of the proposed location. (f) Persons ineligible for a license. No licenses under this chapter will be issued to an applicant who is a natural person, a partnership if such applicant has any general partner or managing partner, a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed, if the applicant: (1) Is a minor at the time that the application is filed; (2) 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 licensee under this chapter as prescribed by Minnesota Statutes, Section 364.03, Subd. 3; or (3) Is not of good moral character or repute. 1800.07Bond required. Before a license will be issued, every applicant must submit a five thousand dollar ($5,000.00) bond on the forms provided by the licensing authority. All bonds must be conditioned that the principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which have come into the principal's hand through the principal's business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall contain a provision that no bond may be canceled except upon thirty (30) days written notice to the city, which shall be served upon the licensing authority. 1800.08Records required. (a) At the time of any reportable transaction other than renewals, extensions, redemptions or confiscations, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the police department: (1) A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (2) The purchase price, amount of money loaned upon, or pledged therefore. (3) The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. (4) Date, time and place 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. (5) Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair. (6) The identification number and state of issue from any of the following forms of identification of the seller: a. Current valid Minnesota driver's license. b. Current valid Minnesota identification card. c. Current valid photo identification card issued by another state or province of Canada. (7) The signature of the person identified in the transaction. (8) Effective sixty (60) days from the date of notification by the police departmentfor any existing business, and immediately upon establishment of a new business, the useof acceptable video standards the licensee must also take a color photograph or color video recording of: a. Each customer involved ina billable transaction. b. Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. If a photograph is taken, it 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 facial image 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 focus on the person pawning or selling the item so as to include an identifiable image 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 by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months. (9) Digitized photographs. Effective sixty (60) days from the date of notification by the police department licensees must fulfill the color photograph requirements in section (RECORDS REQUIRED)(8) 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. Notwithstanding the digital images may be captured from required video recordings, this provision does not alteror amend the requirements in subordinance(8). (10) Renewals, extensions, redemptions and confiscations. For renewals, extensions, redemptions and confiscations the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction. (11) Inspection of records. The records must at all reasonable times be open to inspection by the police department or department of licenses and consumer services. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of ninety (90) days. 1800.09Daily reports to police. (a) Effective no later than sixty (60) days after the police department provides licensees with the current version of the Automated Pawn System Interchange File Specification, licensees must submit every reportable transaction to the police department daily in the following manner: (1) Licensees must provide to the police department all reportable transaction information by transferring it from their computer to theAutomated Pawn System via currently accepted electronic means by the APS programusing the current version of the Automated Pawn System Interchange File Specification. 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. Any transaction that does not meet the Automated Pawn System Interchange File Specification must be corrected and resubmitted the next business day. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs patrons that all transactions are reported to the police department daily. (b) Billable transaction fees. Licensees will be charged for each billable transaction reported to the police department. (1) If a licensee is unable to successfully transfer the required reports by currently accepted electronic means by the APS program, the licensee must providethe police department, upon request, printed copies of all reportable transactions along with the video tape(s) for that date, by noon the next business day; (2) 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 continue to provide the required reports as detailed in section (DAILY REPORTS TO POLICE)(b)(1), and shall be charged a ($50.00) reporting failure penalty, daily, until the error is corrected; or (3) If the problem is determined to be outside the licensee's system, the licensee must continue to provide the required reports in (DAILY REPORTS TO POLICE)(b)(1), and resubmit all such transactions via currently accepted electronic means by the APS programwhen the error is corrected. (4)If a licensee is unable to capture, digitize or transmit the photographs required in (RECORDS REQUIRED) (9), 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. (5) 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. (6) (DAILY REPORTS TO POLICE)(b) (1) through (3) notwithstanding, the police department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty. 1800.10Receipt required. (a) Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: (1) The name, address and telephone number of the licensed business. (2) The date and time the item was received by the licensee. (3) Whether the item was pawned or sold, or the nature of the transaction. (4) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (5) The signature or unique identifier of the licensee or employee that conducted the transaction. (6) The amount advanced or paid. (7) The monthly and annual interest rates, including all pawn fees and charges. (8) The last regular day of business 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. (9) The full name, current residence address, current residence telephone number, and date of birth of the pledger or seller. (10) The identification number and state of issue from any of the following forms of identification of the seller: a. Current valid Minnesota driver's license. b. Current valid Minnesota identification card. c. Current valid photo driver's license or identification card issued by another state or province of Canada. (11) Description of the pledger or seller including approximate sex, height, weight, race, color of eyes and color of hair. (12) The signature of the pledger or seller. (13)All printed statements as required by state statute 325J.04 subordinance2, or any other applicable statutes. 1800.11Redemption period. Any person pledging, pawning or depositing an item for security must have a minimum of ninety (90) days from the date of that transaction to redeem the item before it may be forfeited and sold. During the ninety (90) day holding period, items may not be removed from the licensed location except as provided in (BUSINESS AT ONLY ONE PLACE). Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identifiedin the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the chief of police, or chief’s designee. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with (RECORDS REQUIRED) (11). 1800.12Holding period. (THE HOLDING PERIOD ONLY APPLIES TO THOSE ITEMS A PAWNBROKER BUYS OR TAKES IN TRADE. THIRTY DAYS IS THE MINIMUM AMOUNT OF TIME NEEDED FOR VICTIMS TO REPORT THEIR LOSS AND LAW ENFORCEMENT TO MAKE COMPARISONS.) Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. An individual may redeem an item seventy- two (72) hours after the item was received on deposit, excluding Sundays and legal holidays. 1800.13Police order to hold property. (a) Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to [section] (POLICE ORDER TO HOLD PROPERTY)(b), whichever comes first. (b) Order to hold. Whenever the chief of police, or the chief's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the chief's designee. The order to hold shall expire ninety (90) days from the date it is placed unless the chief of police or the chief's designee determines the hold is still necessary and notifies the licensee in writing. (c) Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the chief or chief's designee may: (1) Physically confiscate and remove it from the shop, pursuant to a written order from the chief or the chief's designee, or (2) Place the item on hold or extend the hold as provided in (POLICE ORDER TO HOLD PROPERTY) (b), and leave it in the shop. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the chief of police, or chief's designee shall so notify the licensee. 1800.14Inspection of items. At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in (BUSINESS AT ONLY ONE PLACE), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws. 1800.15Label required. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. 1800.16Prohibited acts. (a) No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of eighteen (18) years. (b) No licensee may receive any goods from a person of unsound mind or an intoxicated person. (c) No licensee may receive any goods, unless the seller presents identification in the form of a valid driver's license, a valid State of Minnesota identification card, or current valid photo driver's license or identification card issued by the state or providence of residency of the person from whom the item was received. (d) No licensee may receiveany item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed. The merchant will immediately contact the police when any item brought into the merchant in such condition in violation of MSS 609.667, and MSS 609.52. (e) No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another has a security interest; with any licensee. (f) No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another; to any licensee. 1800.17 License Restrictions Display of License or Certificate of Registration. (a)Except for those persons specified in Section 14.424, no person shall conduct a purchasing event in the City unless the person prominently displays a valid City license or certificate of registration in lieu of a license identifying the person. Transfer of License or Registration Prohibited. (b)Each license or registration under this ordinanceshall be issued to the named applicant only and shall not be transferable to any other person. A licensee or registrant shall not transfer, loan, sell, give or assign his or her license or certificate of registration to another person. A license or registration issued under this ordinanceis only for the premises set forth in the approved application. Invalid Use of License or Registration. (c)A licensee or registrant shall not use a license or registration issued to someone other than that person. Health and Safety Hazards. (d)A licensee or registrant shall not purchase property in a manner that creates a health or safety hazard. Truthful Advertising and Statements. (e)A licensee or registrant shall not make untrue statements to the people contacted regarding the purchasing of goods. Effect of License or Certificate of Registration. (f)A licensee or registrant shall not make statements to the people contacted indicating or implying that the City license or registration constitutes an endorsement of their activities by the City. Hours of Operation. (m)No licensee or registrant shall purchase items on any day of the week before 7:00 a.m. or after 10:00 p.m. Prohibited Transactions. (n)With the exception of purchases made via an Internet auction, no licensee, clerk, agent or employee thereof shall receive any precious metal or secondhand goods within the limits of the City of Oak Park Heightsor outside the City limits when those goods may be intended for sale, held for sale or offered for sale on the licensed premises under the following circumstances: (1)By mail or third-party delivery (not including items purchased via an Internet auction), unless accompanied by a fully executed Declaration of Ownership which includes: (A)for individual sellers -the seller’s full name, address, telephone number, and a legible photocopy of the seller’s currently valid driver’s license or state identification cardshowing the persons current photograph; or (B)for corporate sellers -the full corporate name of the seller, corporate address, telephone and facsimile numbers, federal employer identification number or federal tax identification number, the full name of the chief executive officer of the corporation and a description of the seller’s business. (2)Unless the seller signs a statement attesting to be the true owner of the property and that the property is free of all claims and liens. (3)From any person who fails to present proper identification in the form of a current valid Minnesota driver’s license, a current valid Minnesota identification card, or a current valid photo driver’s license or photo identification card issued by another state or a province of Canada. (4)From any person under the age of eighteen (18) years. (5)From any person who is obviously intoxicated, chemically impaired or incompetent. (6)Whenever the item of property contains an altered or obliterated serial number, “Operation Identification” number or otherwise altered so as to remove, alter or obliterate a unique identifier of the property. Maintenance of Order. (p)The licensee or registrant under this Division shall be responsible for the conduct of the business being operated in conformity with all applicable laws and shall maintain conditions of order. Suspicious Property. (q)All registered or licensed dealers must report to the City Police any article sold or received or sought to be sold or received, if the dealer has reason to believe that the article was stolen or lost or anytime a customer attempts to sell any item of property which contains an altered, obliterated or obviously removed serial number or unique identifier. License or Registration Period. (r)A license or registration shallbe valid for only one (1) year.Investigations are valid for up to three (3) years. Payment by Check (s). Payment by a precious metal or secondhand goods dealer for the purchase of a secondhand item or precious metal item shall be made only by a check, draft, or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. Posting of Prices; Weighing. (t)Every precious metal dealer shall prominently post in a conspicuous place and in letters exceeding one inch in height the minimum prices per ounce or pennyweight that are currently being paid by the dealer for precious metals and a warning notice that unless otherwise informed, the prices offered are based on the meltdown value of the precious metal, rather than the value of the item in its existing form. With the exception of coin with an intrinsic value not greater than its numismatic or denominationalvalue, precious metal that has been assayed and is properly marked as to its weight and fineness, and gold, silver or platinum bullion coin, precious metal items shall be weighed in plain sight of the prospective seller on scales approvedby the State of Minnesota pursuant to state law. Display and Storage of Firearms. (v)As a condition of licensure, the dealer shall not display unsecured firearms on the licensed premises,any firearmsaccessible to the public without an employee of the licensee retrieving and maintaining a presence with the firearm.All firearms must be securely stored in an area that is not accessible to the general public. No firearms may be stored on the licensed premises unless or until the City Police Department approves the security of the premises and the manner of storage. 1800.18Denial, suspension or revocation. (a) Any license under this chapter may be denied, suspended or revoked for one or more of the following reasons: (1) The proposed use does not comply withthe any applicable zoning code. (2) The proposed use does not comply with any health, building, building maintenance or other provisions of this Code of Ordinances or state law. (3) The applicant or licensee has failed to comply with one or more provisions of this chapter. (4) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information. (5) Fraud, misrepresentation or bribery in securing or renewing a license. (6) Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant's business. (7) Violation within the preceding five (5) years, of any law relating to theft, damage or trespass to property, sale of a controlled substance, or operation of a business. (8) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter. 1800.19Business at only one place. A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the chief of police, or chief’s designee, may approve an off-site locked and secured storage facility. Off site location may be authorized for items to large to store at the current location. Large volumes of items taken as independent transactions from different persons will not be approved for offsitestorage. The licensee shall permit inspection of the facility in accordance with (INSPECTION OF ITEMS). All provisions of this chapter regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the citycode. The licensee must either own the building in which the business is conducted, and any approved off-site storage facility, or have a lease on the business premise that extends for more than six (6) months. Separability. Should any section, subsection, clause or other provision of this chapter be declared by a court of competent jurisdiction to be invalid such decision shall not affectthe validity of the ordinance as a whole or any part other than the part so declared invalid. Appendix A Established Billable Transactionand LicenseFees The City of Oak Park Heights establishes the following fees in conformance with ordinance 1800 regulating: PAWNBROKERS, SECOND HAND GOODS DEALERS, ANDPRECIOUS METALS DEALERS WITHIN THE CITY OF OAK PARK HEIGHTS. All billable transactions: APS reporting fee $.60 City administration, enforcement, and maintenance fee $1.00 Total fee for each billable transaction during the year 2012 -$1.60 Licensing Fee: $2,500.00 This fee to remain in effect until set by the Police Chief and reviewed by city councilas determined necessary.