HomeMy WebLinkAbout1998-11 05-20 AP City of Brooklyn Center
(O�cial Publication)
NOTICE OF PUBLIC H�AI{ING
MINNESOTA
Notice is hereby given that a public hearing will be held on
the Sth day of June, 1998, at 7 p.m. or as soon thereafter
�•�■'V as the matter may be heartl at City Hall, 6301 Shingle
PUBLJCA�ONS Creek�arkwny, to consider anamendment to Chapter 23
Sun Current Sun Sailor Sun Post regarcling the regulation of pawnshops and secondhand
AFFIDAVIT OF PUBLICATION g���$�ea�erg.
Auxiliary aicls for handicapped persons are available upon
request at least96 hours in advance. Please notify the City
$TATE �F MINNES�TA) Clerk at 569-3300 to make arrangements,
ORDINANCE NO.
SS.
AN ORDINANCE AMENDING CHAPTER 23 OF
COUNTY OF HENNEPIN) TxE axooxLYrr CENT�R CODE OF ORDI-
NANCES, RELATING TO THE REGULATION OF
Doua Dance b@Ifl9 dUl}/ SWORI OIl afl 03ti1 SayS Ulat hE/She NSHOPS AND SECONDHAND GOODS DEAL-
is the publisher or authorized agent and employee of the publisher of the newspaper known as TxE ct� courrciL oF TxE crr5r oF sxooxLYN
CENTER DOES ORDAIN AS FOLLOWS:
Sun-Post and has full knowled e of the facts
g Section 1. Section 23-601 bf the City Ordinances of the
City of Brooklyn Center is hereby amended in the follow-
which are stated below. �n manner:
(A) The newspaper has comptied with all of the requirements constitudng qualification as a $P�tin� �3-60�. DEFINITIONS. For the purpose of
Sections 23-601 through 23- 633, the terms defined in this
aection have the meanings given them.
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
i. Pawrtbroker means a person who loans money
�BWS, as amended. oiner P Aiu ble h nge or h o d Rlsp n the pur-
NOtiC@ Of PUb�IC �"�BB�Ifi9 chasing of personal progerty or othec valuable
(B) The printed ch�ng on condition of selling the same back
again at a atipulatecl price, or who loans money
which is attached was cut from the columns of said newspaper, 8t1CI W8S pflllt@d 1t1CI pUbIISFI@CI secured by chattel mortgage on personal prop-
erty, taking possession of the property or xny
once each week, for ane successive weeks; it was first publiished on p� 3O m°�gAged.
2. Secondlaand Goods Dealer means a'person
Wednesday, the 20th day of Mav 1998, and was thereafter printed and Wnose re��� b�ss�egs �n�� �e�►��g o= re-
ceiving tangible personal property (excluding,
published on every Wednesday to and including Wednesday, the daY o leasedhiclea) previously used re�ced, aWnea
�f ,1998; and printed below is a copy of the lower case alphabet from A s. o, ignment Ho�ise De�ler means a L�erSO�
.pr}�p�P TCPU.Iar husine5 'ln lu P$ rrr.e�v�nv but
�p qurFhag��Q, tanm le Drooe*k with the in-
both inclusive, which is hereby acknowledged as being the size and idnd of type used in nrnoPrtv and divide the oro
r.qada with the nwner.
the composition and publication of the notice:
Section 2. Section 23-602 of the City Ordinances of
abcdefgtqjkimnopqrstuvwxyz the City of Brooklyn Center is hereby amended in tihe fol-
lo�ing manner:
,4. F 4`_ SPr.tion 23-602. EXEMPTIONS. Sections 23-601
BY� �p' through 23 633 shall not apply to or include the following.
l T�TLE: Pl1hILShEf 1. The sale of sewndhand goods where all ofthe
followin� are present.
p1C�Cf10W�eC�9eC� b@f0!@ �ll@ Otl thlS a. The sale is helcl on property occupied as
a dwelling by the seller or owned, rent-
20th,� day of MaY 1998. ed or leased by a charitahle oe political
organization;
t
b. The items offered for sale are bwned by
the occupant;
i
c. That no sale eacceeds a sale of 72 consec-
NO f�l PUbIIC r utive hours;
1
y y 1�_� d. That no more than four (4) sales are held
..s.s-.F���° in any 12-month period;
a v�G-�FtlA Ni: EiH(�UILLE;"L�:';
k qq P p M e. That none of the items offered for sale
MY G��n�M�sSf���� �-'���R�� i shall have been purchased for resale or
received on consignment for the purpose
ofresale.
2. The sale of goods at an auction held by an
RATE INFORMATION auctioneer.
(1) Lowest classified rate paid by commercial users DBf Ilfl 3. The business of buying or selling only those
s�L Qc secondhand goods.taken as pxrt or fu1L pay-
f0f COIllpB(3b�@ Sp1C@ ment for new goods and where such 6usineas
is incident to and not the primary business
(2) Ma�cimum rate allo�ved by law for the above matter 6.20 oer li�g °fa per$°n.
4. A bulk sale of property from a merchant,
manufacturer or wholesaler having an es-
�.24 f12f IIi1B tablished place of buainesa or gooda aold at
Rate actually charged for the above matter open sale from bankrupt stock.
5. Goods aold at an exhibition, providing the ex-
hibition does not last longer than ten days in
any twelve month period.
6. 5ales by a licensed automobile dealer�i
t�e motnr vehicle ic taken in a oawn trana-
action•
7. Firearms, including antique firearms, sold
by firearma dealers holding carrent valid:-'
federal 6rearms dealer licenaes permitting
them to deal in such salea.
8. Sales made by the sheriff or other public of-
ficiala in the discharge of their official duties.
9. Sales made by assignees or receivers ap-
pointed in this state to make sales for the
benefit of creditors.�
�pJra nt oublic *^�*kets s�ch a Flea mar-
Sales of f�*nit�*P Pxr.1 �di Pl ��*onic d-.
vices.
�$glgn nf cl othine orovided no ne�y clothine is
ggJ� (othgT than slothine nurchaa_ed from
•omm rcial wholesal��s for res�le at retall:
ls�, S iPa „f� otar oiL
Sa1es hv chari*able oreacuzations sellinQ do-
nated oe_o
Sales of bona fide antio»ag or collertibles.
c� of �ed book� and maeazinea
t�,cale of �erc t�ise return� the seller
after an initial sale bv th__ P s�e ,��lrr
�A�P.9 f1Fll4P.({��.
Section 3. Section 23-613 of the City Ordinances
of the City of Brooklyn Center is hereby amended in the
following manner:
following manner: a sewndhand gooda dealer or pawnbroker, A sec-
$g� ion 2y 13. PLACES INELIGIBLE FOft LI- andhand goocis dealer or pawnbroker may not re-
CENSES. A license will not Ue isaued or renewed under �cf.inq �3 _¢2Q. STOLEN GOODS AND IDEN- ceive gooda from a minor.
TIFICATION MARRINGS., A licensed pawnbroker or seo-
this section for any place or for any Uusiness; ondhand goods dealer muat report to the police any article er Pawnb ok r may oterecea e any godode ea�
a If txxes, asseasments or other �nancial pleclged or received, or sought to be pleclged or received, if
claims of the city or the State of Minnesota the' licensee has reason to believe that the article' was
e r�o.,ao
on the licensee's buainess premise are delin- stolen or lost. d oawnLroker or sernndhanA eoods from a peraon of unsound mind or an intoxicated person.
quent and unpaid; dealer mav n�t rerPive +t�m� f^^� "'hirh a sa.;al n�mber.
or other berconal iAentdication number or svmbol has Subdiviaion 3: Identificationi A secondhand goods
b. If the premise is located within 300 feet of a been. or mav hava hae� �amoved alt re�d or obliterated. },he seller preserts icientificatian n the form of a val d
school, day care centey or church; icture driver s license or official atate photo iuentifi-
Sectian Z Section 23-621 of the City Ordinances p
c. Where operation of a licensed premise would of the City of Brooklyn Center is hereby amended in the cation, United States passport or military I.D.
violate zoning ordinances or, following manner:
Subdivicion 4 Ow hin• No nPr on mav pawn.
d. Where the applicant's present license was is- r SPCtion 23-621. HOLDING. An item received by �11.4Ldg
nocit. anv article of prooertp that__is not the�r
sued conditionecl upon the applicant making a pawnbroker g$.,�nawn or own•
specified improvements to the licensed ioan transactian =`+�rt
premise or the property of the licensed may not be sold or otherwise transferred for period of d3 i i n r i. St'.��.P SL{�LiJLPR' I1 L�1P Cj1RP. Of oawn
premise whick imprwements have not been �1 days aiter the date of receiot. traqs�c�ions violation of b"innesot^ Statt! •hao-
completed -pL'
However, an individual may redeem an item pawned 72 �G A violation of this section.
hours atter the item was receivecl on deposit, excluding �R�on 6. Siv P A si muat_6e consoicu-
g, Established �q ���}��'nah�� aftgr r�l 2- Sundays and legal holidays. An item received bv a Qecond- �S1lY -Q� 4
qR wh„'��,r i,�= �^!hin en (101 drivine miles hand eoodc al� er far �:hich a dalv repo o.h n_olice de- gty4ly o�.ated on .ach licensed �remis ?+thatis nosle�a
nartmept is r n hv Sectjgp 23-619 mav not hg an1�I� than four f�et souare i�_surFar.P.aFPa. corqorised of
ofanve�mblinecasino. 4 vnotlPCCth°°��^"ti:^ti
�or.rintl nf �0 dav� afte* receivt. Fir ms aeauirer� hv_ ��S�iSI
Section 4. Section 23-618 of the City Ordinances secondhand_�^�° de^ler mav not be Qold Tor a period of 90
of the City of Brooklyn Center is hereby amended in the davs aRer receint �nawn or se1_l nrooertv:
following manner: ronRt be at le�t 18 yPars of aee.
Sectian 8. SectioR 23-622 of the City OcYlinances A. Y4l1
9PC�.ion 23-618. RECORDS. A licensed second- of the City of Brooklyn Center is hereby amended in the B Ypu m f�bg4�4�4 2Wner of the orooertv.
C�, T�e oronxrtv must ►,P free of al cla'sms and liens.
hand goods dealer and pawnbroker, at the time of receipt following marmer: l oaont valid ohoto identtficat�on.
of an item, must immediately record, in ink or other in-
delible medium, in the English language, in a book or word Sastiqn 23-622. RECEIPT. A licensed second- Violation of anv of theae reauiremen i a�.
processing unit, the•following information: hand goods dealer or pawnbroker must provide a receipt to Section 12. Section 23-628 of the City, Ordi-
the seller or consignor of any item which includes:
a. �1w A comolete and accurate description of nances of the City of Brooklyn Center is hereby amended
the item including, but not limited to, any ThP [ull nam Tf!AI(IP addr@cc_ rQ�idgr�r,g in the following manner:
trademark, identification numUer, serial tglgp]L9ne number and datp of birth of the �},ion 2;�_62R. REDEMPTION. A person who
number, owner applied number, model num- pgp�r or seller. pawna an item shall have at least 120 90 days to redeem
ber, brand name and/ar other identiFying
mark(s) on such item; e12. The address and telephone number of the �n�rP I�e ot �h�1 o he*wiR he oo n hv Minnesot.a.
business;
b. The purchase price; Statutes Chan r
bg. The date and im of pawn or nurchase
c. Date, time and place of receipt; transaction: Section 13. Section 23-629 of the City Ordi-
nances of the City of Brooklyn Center is hereby amended
d. Name, re i� address, r c�d .n phone e�. A romplerP and accLrate description of the in the following manner:
number and date of birth a�d a descriot, ion items purchased i!?�ludine model �nd serial gP�tinn 23-F29. PAYMENTS BY CHECK. When
includine sex. �ace. and aggrox2mate he;ph� �ber if indicated an the orooertv;
a ,;�eR}erer pawnbroker makes payment
of the person from whom the item was re-
ceived; The purchasers or cansignee's signature. for an item pledged or received at the license place o usr
ness, payment must be made by check, made payable to the
e. The identification number from any of the m�. r•F rion n�mler ctate of issue anc named payee, who is actually the intended seller. �Y]1E�.�
following forms of iilentification of the seller; tvoe of identification nrovided bv the pl� seco �Q= t han o e 4 hundred doll�rc f 5100) an P� �r
nr seller.
1. Valid �cture driver's license; it�mx received from �inele seller at the licensed nlace of
P p degi�rinttnn qf th�pledear includine au- ��P�""'Pn�"'Rt E'p' R'a�1e bv chP,ck• navabJP �.n thg
roximate h e wh� is actuallv the intendPd saller•
2. Official state photo identification, pass- g k�g�t- sex and race. B�.�d..B?°°--
port or military I.D. Section 14. Section 23-630 of the City Ordi-
The amnunt �aid or advanced.
f. The books, as well as the goods receiyed, nances of the City of Brooklyn Center is hereby amended
must be open for inspection by the police de- L in h aa o(p^v+n tran4ac+iona the matL- in the following manner:
partment during business hours. The ritv datr a�d amo�nt due and the monthlv
recorcls required by this subsection must be �n�l annu�l i ratv�_ includine a11 oawn �Sg�..inn 2;�-6,3Q. INSPECTIONS. Any peace offi-
stored and maintained by the licensee for a fees and charees. cer or a properly designated employee of the c�ty.or the
state of Minneaota may enten,-txe�eeA and search b=siness
period of at least three (3) years. atnra
y ��Ir�itiop. 1 }i �COA E�an fl tipns. premises licensed under this sect�on, g����§
g. A sewndhand goods dealer (Pxcluding con- t.he followine stat�mentG shall be orinted on rilities ef h 1i na during normal business hours; with-
�hP rrceiot: out a warrant for the nuruoae of inaoectine a���h o� remises
a�nm�,nt h�use dealgrg ar�dealers in com- and the records and �*ticles therein.
p* r c��rid¢�, oortable video garo and "Anv nersonal orooertv nled co a
comRact d�sex nr qimilar sovnd or video nawnh��ker within this statP �s-suhigc� Section 15. Thisordinanceshallbecomeeffective
in or pawnbroker must, at the com- ,,,j .,hen there has been atter adoption and upon thirty (30) days following itn legal
pletion of any transaction, make a photo- no ��r de on the accoLnt for a publication.
graphic record of the seller, the iilentification periocl of �aaq +h�•^- on ,ifl.,a .,?Qt. the
used, and the transaction seceipt using a dat of the oawn transaction renewal Adopted this day of 1998.
split image photographic dev�ce. A v�deo _t n• nn f�rther noti i n c
record of the aeller, the identification used, $�rv. There is no oblieation for the nled-
and the transaction receipt may be used in �r+,� red�m nledeedgoods." Mayor
place of a photographic record, provided the
video recording device produces a clear P �r th' ttests thatit
image of at least five (5) seconds in duration. 7� Qf 1s..i�' ATTEST:
All ID's and receipta must be legible when a not a olen it h� no �iena or encum- CityClerk
printed and must bear the date of the trans- hrancey p�jnst it. and the oledeor ha
action. The exposed film or video tape used the rieht to sell m�,pawn the item." Date of Publication
to record these transactiona must be re- ^Th a itP i re�1 Pmah a onlv hv th
tained for a minimum of one yeaz aRer the t�whom h r iot wag isauP�, Efi'ective Date
date of the last tra�saction recorded. It must P�dP2 �-ece
be turned over to an authorized Peace Offi- p��n,�oerson identified in a writtpn and �Strikeout indicates matter to be deleted, underline indi-
cer, upon demand, at any time during the re- nota*�zed authorization to redeem the cates new matter.)
tention period. pronert,v identified in tha receiot or a
p erson identifiPd in writinv bv the n1�d- (May 20, 1998) Pl/Cty BC Pawnshop Ord.
if a oawn transactinn the �mount due �nd, eor at the time of the in�tial transaction
i^^•^^tv dat ��d monthlv and annual im an�i siened bv the oledeor. Written au-
roro�t in 1�din all pawn feea and !horizationforrele�eofnrop�vton_er
charees.° oth r t� orieinal_nledeor
g�unt be maintainad a1n*� with the orie_
Section 5. Section 23-619 ofthe City Ordinancea +��I r naa tion r.cord
of the City of Bmoklyn Center is hereby amended in the Section 9. Chapter 23 of the City Ordinances of
following manner:
the City of Brooklyn Center ia hereby amended in the fol-
Section 23-619. DAILY REPORTS AND�X_- lowing manner:
F MPTIONS. Gartion 23-623. POLICE ORDERS. If a city pa
�`t�°i .E
lice officer or other law enforcement officer notifies a deal-
er not to sell an item, the item may not be sold or remwed
fram the licensed premise until authorized to be released
by the police, or court orden Said notification, iS verbal,
`should be followed by a written order within 7�2-Hexre 14
setting forth the item to be held and the reaeona
s� •.n`- kkerr u therefore.
_..m•
wi-idenR+f+ee`�
�o- Section 10. Chapter 23 of the City Ordinances of
the City of Brooklyn Center ia hereby amended by adding
new Section 23-624.01 as follows:
b. c.• �a a�d n1 MnTOR VEHICL•E TITLE
e, $iee��: :.uF 'ieee�eRt� PAWN TRANSACTIOI],g.
V��, r bdivi4ian l. 1 Add;tinn �n tho other reauire-
ments af th;s section. a oawnbroker who holda a
t;r� r a mo or v hi 1 a n rt of a pawn trans-
action sha1L•
��h t' d as a motor vehicle dealer
€r 6r_�.: _.•.a-f b"innesata Stat�tes section
168.27. and nngt auch Iic nse on the
gr j6-4'er. R85Ynshoo orec2sea:
yPrifv t hat there are no liena or encum-
s�n�n�t the motar vehicle wit!:
the de,pgrtment_of Qgb�i af tv:
A c t�*��.� racnrrl nf all transactiong (excc,�t
transac�io� of co2ienmPnt ho�ae dealers ancl g, yg rifv that the pjg�or h� automobile
�a�lers in comuuter c�*kridee ooriable video _^°^_rancp on the motor vehicle as re
eamPa. and camuact discs pr gimilar sound or auired bv law.
video recordine�) must be submittpd to the oo1_ice
g�gq^_^_:snt on a dailv basis. The enmo� riz d Section 11. Section 23-626 of the City Ordi-
rPrords must be comoatihlP w�th the comnuter nancea of the City of Brooklyn Center is here6y amended
gysw m �sed bv the Brool�vn Cent r Police De- in the following manner:
n All it�ms raSg��a� mest be repgrted on nn 23-626. PROHIBITED A('TS LNn RiC�-
the comr-_t„r svatem. Th reoort shall include all s��
infarmation req�±�*ad »nder Section 23-618. �E•
Section 6. Section 23-620 of the City Ordinancea Subdivision 1. Minors: A minor may not sell or
of the City of Brooklyn Center is hereby amended in the consign, or attempt to sell or consign, goods with