HomeMy WebLinkAbout2004-16 08-05 APSTATE OF MINNESOTA)
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun -Post and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as
a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other
applicable laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for one successive week(s); it was first published on Thursday, the 5 day
of August 2004, and was thereafter printed and published on every Thursday
ss.
to and including Thursday, the day of
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publica-
tion of the notice:
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Subscribed and sworn to or affirmed before me
on this 5th day of August 2004.
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L
City of Brooklyn Center
(Official Publication)
"TTY OF BROOKLYN CENTER
tice of Ordinance Adoption
)RDINANCE NO. 2004 -16
AN OmoINANCE AMENDING CHAPTER 23 OF
THE CITY ORDINANCES OF THE CITY OF
BROOKLYN CENTER RELATING TO THE LICEN-
SURE OF PAWNBROKERS
THE CITY COUNCIL OF THE CITY OF BROOKLYN
CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 23 of the City Ordinances of
the City of Brooklyn Center is hereby amended by adding
the following paragraphs:
PAWNBROKERS
Purpose. The City Council finds that use of services pro-
vided by pawnbrokers provides an opportunity for the
commission of crimes and their concealment because pawn
businesses have the ability to receive and transfer proper-
ty stolen by others easily and Quickly. The City Council
aso finds that consu r er t ction reit tion i ant-
ed in transactions involving The City Coun-
cil further finds that the pawn industry has o tgrown the
City's current ability to effectively or efficiently identify
criminal activity related to pawnshops. The purpose of
this section is toprevent pawn businesses 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 City better regulate current and future nawn
businesses. decrease and stabilize costs associated with
the regulation of the pawn industry and increase identifi-
cation of criminal activities in the pawn industry through
the timely collection and sharing of pawn transaction in-
formation. this section also implements and establishes
the required use of the Automated Pawn System (APS).
Section 2. Section 23 -601 is hereby amended in
the following manner:
Section 23 -601 DEFINITIONS. For the purpose of Sec-
tions 23 -601 through 23- 630[1], the terms defined in this
section have the meanings given them.
[1] g. Pawnbroker. [Pawnbroker means a person who
loans money on deposit or pledge of personal property,
or other valuable thing, or who deals in the purchas-
ing of personal property or other valuable thing on con-
dition 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 proper-
ty or any part so mortgaged.] Any natural person
partnership or 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 ofpersonalproperty, 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. tak-
ing possession of the property or any part thereof so
mortgaged. To the extent that a pawnbroker' s busi-
ness i! lu! r onal o•ert •revi•usl
used rented or leased or selling it on consignment the
i•n h li
n
b. 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 redeemed or for
which a unique transaction number or identifi -•r is
generated by their point -of -sale software. or an item is
confiscated by law enforcement. is reportable except.
host/Thursday, Aug. 5, 2004
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 mer-
chandise. provided the pawnbroker must main-
tain a record of such purchase or consignment
which describes each item. and must mark each
item in a manner which relates it to that transac-
tion record
2 Retail and wholesale sales of merchandise origi-
nally received by pawn or purchase. and for which
all applicable hold and/or redemption periods have
expired
c. Billable Tr: •action v o b
conducted by a pawnbroker is a billable transaction
except renewals. redemptions. or extensions of exist-
ing pawns on items previously reported and continu-
ously in the licensee's possession. voided transactions
and confiscations.
Section 3. Section 23 -603 is hereby amended in
the following manner:
Section 23 -603 LICENSE FEE.
Subdivision 1. The annual fee for a pawnbroker shall be
set by the City Council by resolution.
Subdivision 2. In addition to the annual license fee. a bill-
able transaction fee shall be imposed on each transaction
a, The billable transaction fee shall reflect the cost of pro-
cessing transactions and other related regulatory ex-
penses as determined by the City Council and shall be
reviewed and adjusted. if necessary. every six (6)
months. Licensees shall be notified in writing thirty
(30) days before any adiustment is implemented.
b. 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 section.
Section 4. Section 23 -606 is hereby amended in
the following manner:
Section 23 -606 SITE PLAN.
Subdivision 2. BUSINESS AT ONLY ONE PLACE. A
license under this section authorizes the licensee to carry
o in ss onl
•'sn. I I
designated in the license. However upon written request
the City Manager's designee may approve an off -site
locked and secured storage facility. The licensee shall per-
mit inspection of the facility in accordance with Section 23-
627. All provisions of this section regarding record keep-
ing and reporting apply to the facility and its contents
Property shall be stored in compliance with all provisions
of the City Code. The licensee must either own the build-
ing in which the business is conducted. and any approved
off -site storage facility. or have a lease on the business
Section 5. Section 23 -616 is hereby amended in
the following manner:
[Section 23 615. RECORDS. A licensed pawnbroker, at
the time of receipt of an item, must immediately record, in
ink or other indelible medium, in the English language, in
a book or word processing unit, the following informal
[a. A complete and accurate description of the iter
chiding, but not limited to, any trademark, ident
tion number, serial number, owner applied nun..
model number, brand name and/or other identifying
mark(s) on such item;]
[b. The purchase price;]
[c: Date, time and place of receipt;]
[d. Name, residence address, residence phone number
and date of birth of the person from whom the item was
received;]
[e. The identification number from any of the following
forms of identification of the seller;]
[1. Valid picture driver's license;]
[2. Official state photo identification, passport or mil-
itary I.D.]
(f. The books, as well as the goods received, must be open
for inspection by the police department during busi-
ness hours. The records required by this subsection
must be stored and maintained by the licensee for a
period of at least three (3) years.]
[g. A pawnbroker must, at the completion of any transac-
tion, make a photographic record of the seller, the iden-
tification used, and the transaction receipt using a
split image photographic device. A video record of the
seller, the identification used, and the transaction re-
ceipt may be used in place of a photographic record,
provided the video recording device produces a clear
image of at least five (5) seconds in duration. All ID's
and receipts must be legible when printed and must
bear the date of the transaction. The exposed film or
video tape• used to record these transactions must be
retained for a minimum of one year after the date of
the last transaction recorded. It must be turned over
to an authorized peace officer, upon demand, at any
time during the retention period.]
[h. The amount due and maturity date, and monthly and
annual interest rate, including all pawn fees and
charges.]
Section 23 -615. RECORDS REQUIRED.
Subdivision 1. At the time of any reportable transaction
other th n renew 1 x rs or r
censee must immediatel recor in En•li h the f.11 i
information by using ink or other indelible medium on
o r or in a corn uterized record ro the Cit
••1 •1_
w
a. A complete and accurate description of each item in-
cluding. but not limited to, any trademark. identifica-
tion number. serial number model number. brand
name, or other identifying mark on such an item
l. The purchase price. amount of money loaned upon. or
nledged therefor
The maturity date of the transaction and the amount
due. including monthly and annual interest rates and
all pawn fees and charges.
d Date, time and place the item of property was received
by the Licensee and the unique alpha and/or numeric
s ion i.en ill r 'nx i h•. i
other transactions in the licensee's records
•n
Full name. current residence address. current resi-
dence le ho e m
description of the person from whom the item of the
LEGAL NOTICES
f. The identification number and state of issue from any
of the following forms of identification of the seller;
Current valid Minnesota driver's license.
2 Current valid Minnesota identification card.
Current valid photo identification card issued by
another state or province of Canada.
4i =a a
•.ro •i m
tion,
b., Effective sixty (60) days from the date of notification
by the City of acceptable video standards the licensee
must also take a color photograph or color video
recording of
L
property was received. including: sex. height. weight,
race. color of eyes. and color of hair
L Each customer involved in a billable transaction.
2 );very item pawned or sold that does not have a
unique serial or identification number perma-
nently engraved or affixed.
If a photograph is taken. it must he 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 he readily matched and correlated with all other
records of the transaction to which they relate. Such
photographs must be available to the City Manager's
designee. upon request. The maior portion of the pho-
tograph must include an identifiable front facial close
up of the person who pawned or sold the item. Items
photographed must be accurately depicted. The li-
censee must inform the person that he or she is being
photographed by displaying a sign of sufficient size in
n i inth If vi.••
graph 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 pho-
tographed by video m st be accurately depicted. Video
photographs must be electronically referenced by time
and date so they can be readily matched and correlat-
ed 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
pre ises. The licensee must keep the exposed video
:pe for three (3) months.
U� :izk. •h. qa••
;'_,4 1 a fL !1■
the date of notification by the City licensees must ful-
fill the color photograph requirements in Section 23-
615 Subdivision 1(h) by submitting them as digital im-
ages. in a format specified by the issuing authority,
electronically cross referenced to the reportable trans-
action they are associated with. Notwithstanding the
digital images may be captured from required video
recordings. this provision does not altar or amend the
requirements in Section 23 Subdivision 1(h).
j. Renewals. Extensions. and Redemptions. For re-
newals. extensions and redemptions. the licensee shall
provide the original transaction identifier. the date of
the current transaction. and the type of transaction.
k, Inspection of Records. The records must at all reason-
able times he .pen to inspection by the City Manager's
designee. 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 -mini-
mum of ninety (90) days.
Subdivision 2. Label Require 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 de-
scription or the model and serial number of the item as re-
ported to the City, whichever is applicable. and the date
the item is out of pawn or can be sold. if apulicable. Labels
shall not be re -used.
Section 6. Section 23 -616 is hereby amended in
the following manner:
[Section 23 -616. DAILY REPORTS AND EXEMP-
TIONS]
[A computerized record of all transactions must be sub-
mitted to the police department on a daily basis. The com-
puterized records must be compatible with the computer
system used by the Brooklyn Center Police Department.
All items received must be reported on the computer sys-
tem. The report shall include all information required
under Section 23 -615.]
•E'1'T_
3 -6
Subdivision 1. Effective no later than sixty (60) days
after the City provides licensees with the current version
of the Automated Pawn System Interchange File Specifi-
cation. licensees must submit every renortahle transaction
to the City daily in the following manner:
a Licensees must provide to the City all reportable
r im it orm.tio b tr s 'ne 't fr .m eir
computer to the Automated Pawn System via modem
using the current version of the Automated Pawn Sys-
tem Interchange File Specification. All required
records must be transmitted completely and accurate-
ly after the close of business each day in accordance
with st..- io; ;i procedures established by the is-
sui�iR authority. Any transaction that does not meet
the Automa_ Pawn S s i 'r han'e File S.eci-
fication roust be corrected and resubmitted the next
business day The licensee must display a sign of suf-
ficient size, in a conspicuous place in the premises,
which informs patrons that all transactions are re-
ported to the police department daily.
Subdivision 2 Billable Transaction Fees Licensees
will be charged for each billable transaction reported to the
City.
ansa
If a licensee is unable to successfully transfer the re-
.uire ••en r.- 1'.'i -e a •t ovid-
!r_
s
rya
e
r
e
t •m e s to i f all
r I
transactions. along with the video tape(s) for that date,
by 12:00 noon the next business day
b. If the problem is determined to be in the licensee's sys-
tem and is not corrected by the close of the first busi-
ness day following the failure. the licensee must con-
tinue to provide the required reports as detailed in
Section 23 -616 Subdivision 2(a) 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 li-
censee's system. the licensee must continue to provide
here.u't.. •e s. i.n23
division 2(a). and resubmit all such transactions via
modem when the error is corrected.
n
d Regardless of the cause or origin of the technical prob-
lems that prevented the licensee from uploading their
reportable transactions. upon correction of the prob-
lem. the licensee shall unload every reportable trans-
action from every business day the problem had exist
ed,_
6. Section 23 -616 Subdivision 2(a) through (c) notwith-
h- 't z. .f'
ating circumstances. delay the implementation of the
daily reporting penalty.
Section 7. Section 23 -618 is hereby amended in
the following manner:
[Section 23 -618 HOLDING. An item received by a pawn-
broker as a pawn or loan transaction may not be sold or
otherwise transferred for a period of ninety (90) days after
the date of receipt. However, an individual may redeem an
item pawned seventy -two (72) hours after the item was re-
ceived on deposit, excluding Sundays and legal holidays.]
Section 23 -618. HOLDING PERIOD. Any item purchased
or accented in trade by a licensee must not be sold or oth-
erwise transferred for thirty (30) d: ys from the date of the
transaction. An individual may redeem an item seventy
two (72) hours after the item was received on deposit. ex-
cluding Sundays and legal holidays.
Section 8. Section 23 -619 is hereby amended in
the following manner:
[Section 23 -619. RECEIPT. A licensed pawnbroker must
provide a receipt to the seller of any item, which includes:]
[a. The full name, residence address, residence telephone
number, and date of birth of the pledgor or seller.]
[b. The address and telephone number of the business;]
[c. The date and time of pawn or purchase transaction;]
[d. A complete and accurate description of the items pur-
chased including model and serial number if indicat-
ed on the property;]
[e. The purchaser's signature.)
[f. The identification number, state of issue and type of
identification provided by the pledgor or seller.]
[g. A description of the pledgor including approximate
height, sex and race.]
[h. The amount paid or advanced.]
[i. The maturity date and amount due and the monthly
and annual interest rates, including all pawn fees and
charges.]
In addition, the following statements shall be printed
on the receipt:]
[1. "Any personal property pledged to a pawnbroker
within this state is subject to sale or disposal when
there has been no payment made on the account
for a period of not less than 90 days past the date
of the pawn transaction, renewal, or extension; no
further notice is necessary. There is no obligation
for the pledgor to redeem pledged goods.
G•
[2. "The pledgor of this
stolen, it has no liens
and the pledgor has
item.
www.mnSun.com
attests that it is not
^umbrances against it,
it to sell or pawn the
[3. "This item is redeemable only by the pledgor to
whom the receipt was issued, or any person iden-
tified in a written and notarized authorization to
redeem the property identified in the receipt, or a
person identified in writing by the pledgor at the
time of the initial transaction and signed by the
pledgor. Written authorization for release of prop-
erty to persons other than the original pledgor
roust be maintained along with the original trans-
action record.
Seetio 23 -6 'ECEIPT IRED. ve licen ee
imist provide a receipt to the party identified in every re-
portable transaction and must maintain a duplicate of that
receipt for three (3) years. The receipt must include at
least the following information:
a. The name. address. and telephone number of the li-
censed business
b. The date
censee
ar• an•
v
m a- re
he li-
old e
1 1'4.
r e
the transaction.
An accurate description of each item received includ-
ing. but not limited to. any trademark. identification
number. serial number, model number. brand name. or
other identifying mark on such an item.
The signature or unique identifier of the licensee or
employee that conducted the transaction.
The amount advanced or paid,
The monthly and annual interest rates. including all
pawn fees and charges.
The last regular day of business by which the item
must be redeemed by the pledgor without risk that the
item will be sold. and the amount necessary to redeem
the pawned item on that date
The full name. current residence address. current res-
idence telephone number. and date of birth ofthepled-
gor or seller.
The identification number and state of issue from any
of the following forms of identification of the seller:
1. Current valid Minnesota driver's license.
2 Current valid Minnesota identification card.
2 Current valid photo driver's license or identifica-
tion c i another e •r .roving• of
Canada,
k. Description of thepledgor or seller including sex. race,
color of eyes. color of hair, approximate height and
weight,
1. The signature of the pledgor or seller.
lu All printed statements as required by Minnesota
St,t_ Sk i• 04Subd.2 o i
able statutes.
r'
Legals continued on next page
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