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HomeMy WebLinkAbout1998-11 10-13 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of October, 1998, at 7 p.m. or as soon thereafter as the matter may be heard at City Ha11, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 regarding the regulation of pawnbrokers and secondhand goods dealers. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 569-3300 to make arrangements. ORDINANCE NO. 98-11 AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 23-601 through 23-633 of the City Ordinances of the City of Brooklyn Center are hereby repealed. Section 2. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new sections to read: PAWNBROKERS Section 23-601. DEFINITIONS. For the nurnose of Sections 23-601 throu�h 23- 631. the terms defined in this section have the meanin�s �iven them. L Pawnbrnker means a nPrson who loans monev on denosit or nled�e of nersonal nronertv. or other valuable thin�. or who deals in the nurchasin� of nersonal bronertv or other valuable thin� on condition of sellin� the same back a�ain at a stinulated nrice. or who loans monev secured bv chattel mort�a�e on nersonal nronertv. takin� nossession of the nronertv or anv nart so mort�a�ed. Section 23-602. LICENSE REnUIRED. No nerson mav en�a�e in the business of a nawnbroker without first havin� obtained a license. Subdivision L Senarate Licenses Reauired: A nawnbroker mav not conduct_ onerate_ or en�a�e in the business of seconcihand goods dealer. as defined in Section 23-650. without havin� obtained a secondhand �oods dealer license in addition to a �awnbroker license. ORDINANCE NO. 98-11 Section 23-603. LICENSE FEE. I Subdivision 1. The annual fee for a nawnbroker shall be set bv the citv council bv resolution. Subdivision 2. In addition to the annual fee. the citv council mav establish_ bv resolution. an investi�ation fee to be naid unon initial annlication and unon anv chan�e in ownershin. Chan�e in ownershin shall include. in the case of a }�artnershin. a chan�e in identitv of anv nartner and in the case of a cornoration. a chan�e in ownershin of more than five nercent of shares. Section 23-604. APPLICATION. Subdivision 1. Contents: A license annlicant must comnlete an annlication form provided bv the chief of nolice. The abnlication must be in a form and reauest information of the abnlicant as determined bv the chief of nolice. Subdivision 2. Execution: If the anulicant is a natural nerson_ the abnlication must be si�ned and sworn bv the nerson_ if a coroaration. bv an a�ent authorized to si�n: if a nartnershin. bv a nartner. Subdivision 3. Fees: The a��lication must be accomnanied bv the reauired license fee and the established fee for investi�ation. The annual license fee_ but not the investi�ation fee. will be returned to the annlicant if the annlication is reiected or denied. Subdivision 4. False Statements: It is unlawful to knowinglv make a false statement in the license annlication. In addition to all other nenalties. the license mav be subseauentiv revoked bv the citv council for violation of this section. Section 23-605. BOND. A nawnbroker license will not be issued unless the annlicant files with thP citv clerk a bond with cornorate suretv_ cash. or a United States �overnment bond in the amount of 10..000. The bond must be conditioned on the licensee obevin� the laws and ordinances �overnin� the licensed business and nayin� all fees. t�es. nenalties and other char�es associated with the business. The bond must z�rovide that it is forfeited to the Citv unon violation of law or ordinance. Such bond shall lo e nawnbroker does business. and be mamtamed so ng as th shall be for the benefit of the Citv or anv z�erson who shall suffer anv dama�e throu�h the act of such nawnbroker and shall not be terminable without the bond comnanv �ivin� written notice thirtv (301 davs in advance of termination to the citv clerk. ORDINANCE NO. 98-11 Section 23-606. SITE PLAN. Subdivision 1. The annlication far a nawnbroker license must be accomnanied bv a site nlan drawn to scale. The site nlan must contain: I a. A le�al descrintion of the nronertv unon which the nronosed license nremises is situated. b. A survev. c. The exact location of the license nremise on the nronertv. customer and emnlovee narkin� areas. access onto the nronertv_ and entrances into the nremises. d. The location of anv church. school_ dav care center. hosnital. or residence I within 300 feet of anv nortion of the nremises occunied bv the annlicant. e. A floor nlan of the license nremises. Section 23-607. INVESTIGATIONS. Subdivision 1. Conduct: The Citv_ nrior to �rantin� of an initial or renewed �awnbroker license. must conduct a back�round and financial investi�ation of the annlicant. Anv nerson havin� a beneficial interest in the license must be investi�ated. The chief of bolice shall cause to be made such investigation of the information reauested in this ordinance and shall make a written recommendation and renort to the citv council. The chief of nolice must verifv the facts stated in the annlication and must renort all convicted violations of state. federal or municinal law involvin� the annlicant. interested bersons_ or the unlicensed nremises while under the a�plicant's r�onrietorshi� I Subdivision 2. At the time of each ori�inal aunlication for a license. the annlicant shall nav in full an investi�ation fee_ in an amount set bv citv council resolution. All investi�ation fees are nonrefundable. Subdivision 3. At anv time that an additional investi�ation is reauired because of a license renewal. a chan�e in ownershin or control of the licensee or because of an enlar�ement_ alteration_ or extension of nremises nreviouslv licensed. the licensee shall nav an investi�ation fee in an amount set bv citv council resolution. All investi�ation fees are nonrPfundable. The investi�ation fee shall accomnanv the �nlication. ORDINANCE NO. gg Section 23-608. GRANTING OF THE LICENSE. After review of the license annlication and investi�ation renort. the citv council mav arant or refuse. for one or more of the reasons set forth in Section 23-625. the annlication for a new or renewed nawnbroker license. A license will not be effective unless the abnlication fee and bond ha�e been filed with the chief of �olice. Section 23-609. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A nawnbroker lir,ense will not be issued to: a. A nerson who is not a citizen of the United States or a resident alien. or unon whom it is imnractical to conduct a back�round and financial investi�ation due to the unavailabilitv of information: b. A nerson under 18 vears of a�e: c. Subiect to the nrovision of law. a nerson has been convicted of anv state or federal law relatin� to receivin� stolen nronertv. sale of stolen nronertv or controlled substance. bur�larv. robberv. theft. dama�e or tresnass to nronertv, oneration of a business. or anv law or ordinance re�ulatin� the business of nawnbrokers or secondhand �oods dealers: d. A nerson who within five (51 vears of the license annlication date had a nawnbroker or secondhand �oods dealer license revoked_ e. A nerson who the citv council determines not to be of sufficient �ood moral character or renute: f. If the citv council determines. after investi�ation and nublic hearin�. that the issuance of or the renewal of the license would adverselv affect nublic health. safetv or welfare. Section 23-610. PLACES INELIC'TIBLE FOR LICENSES. A license will not be issued or renewed under this sPCtion for anv nlace or for anv business: a. If taxes. assessments or other financial claims of the Citv or the State of Minnesota on the licensee's business nremise are delinauent and unnaid; b. If the nremise is located within 300 feet of a school_ da� care center. or church: c. Where oneration of a licensed nremise would violate zonin� ordinances_ ORDINANCE NO. 98 1 I d. Where the annlicant's nresent license was issued conditioned unon the annlicant makin� snecified imnrovements to the licensed nremise or the nronertv of the licensed nremise which imnrovements have not been comnleted or: e. Established as a nawnshon after Anril 2. 1996. which is within ten (101 drivin� miles of anv �amblin� casino. Section 23-6ll. LICENSE LIMITATIONS. A license will be issued to the annlicant onlv and onlv for the business nremises as described in the annlication. The license is effective onlv I for the nremise snecified in, the annroved license annlication. Section 23-612. TERMS: EXPIRATION: PRO RATA FEE. The license is issued for a period of one 11 vear be¢innina on Januarv 1 excent that if the a�plication is made durin� the license vear. a license mav be issued for the remainder of the license vear for a monthlv nro rata fee. The unexnired fraction of a month will be counted as a comnlete month. The license exnires on December 3 L Section 23-613. LICENSE REFIJND. The citv council mav. in its iud�ment. refund a nro rata share of the license to the licensee or the licensee's estate i£ a. The business ceases to oberate because of destruction or dama�e: b. The licensee dies: c. The business ceases to be lawful for a reason other than license revocation: d. The licensee ceases to carrv the licensed business under the license. Section 23-614. DEATH OF A LICENSEE. In the case of the death of a licensee. the nersonal renresentative of the licensee mav continue oneration of the business for not more than 90 davs after the licensee's death. Section 23-615. RECORDS. A licensed nawnbroker. at the time of receint of an item. must immediatelv record. in ink or other indelible medium. in the En�lish lan�ua�e. in a book I or word �nrocessing unit_ the followin� information: L a. A comnlete and accurate descrintion of the item includin�. but not limited to. anv trademark. identification rnzmber. serial number_ owner annlied number. model number. brand name and/or other identifvin� mark(sl on such item: b. The nurchase nrice: ORDINANCE NO. 98-11 c. Date. time and nlace of receint: d. Name_ residence address_ residence nhone number and date of birth of the nerson from whom the item was received: e. The identification number from anv of the followin� forms of identification of the seller: 1. Valid nicture driver's license: 2. Official state nhoto identification. nassnort or militarv I.D. f. The books. as well as the goods received_ must be onen for insnection bv the nolice denartment durine business hours. The records reauired bv this subsection must be stored and maintained bv the licensee for a neriod of at least three (31 vears. A nawnbroker must. at the comnletion of anv transaction. make a nhoto�ranhic record of the seller. the identification used, and the transaction receint using a snlit ima�e nhoto�ranhic device. A video record of the seller, the identification used_ and the transaction receibt mav be used in nlace of a nhoto�ranhic recard. nrovided the video recordin� device nroduces a clear ima�e of at least five (51 seconds in duration. A11 ID's and receints must be le�ible when nrinted and must bear the date of the transaction. The exnosed film or video tane used to record these transactions must be retained for a minimum of one vear after the date of the last transaction recorded. It must be turned over to an authorized neace officer. unon demand_ at anv time durin� the retention neriod. h. The amount due and maturitv date. and monthlv and annual interest rate, includin� all nawn fees and char�es. Section 23-616. DAILY REPORTS AND EXEMPTIONS. A comnuterized record of all transactions must be submitted to the nolice denartment on a dailv basis. The comnuterized records must be comnatible with the comnuter svstem used bv the Brooklvn Center Police De�artment. All items received must be renorted on the comnuter svstem. The renort shall include all information reauired under Section 23-615. ORDINANCE NO. 98- Section 23-617. STOLEN GOODS AND IDENTIFICATION MARKINGS. A licensed nawnbroker must renort to the nolice anv article nled�ed or received. or sou�-ht to be nled�ed or received_ if th� licensee has reason to believe that the article was stolen or lost. A licensed nawnbroker mav not receive items ftom which a serial number. or other nersonal identification number or svmbol has been. or mav have been. removed. altered. or obliterated. Section 23-618. HOLDINC'�. An item received bv a nawnbroker as a nawn or loan transaction mav not be sold or otherwise transferred for a neriod of 90 davs after the date of receint. H�vvPVer. an individual mav redeem an item nawned 72 hours after the item was received on denosit, excludin� Sundavs and leual holidavs. Section 23-619. RECEIPT. A licensed nawnbroker must nrovide a receint to the seller of anv item which includes: a. The full name. residence address. residence telenhone number. and date of birth of the nled�er or seller. b. The address and telenhone number of the business: c. The date and time of nawn or nurchase transaction:, d. A comnlete and accuratP descrintion of the items nurchased includin� model and serial number if indicated on the nronertv. e. The nurchaser's si�nature. f. The identification number_ state of issue and tvne of identification nrovided bv the nled�or or seller. g A descrintion of the nled�er includin� annroximate hei�ht. sex and race. h. The amount naid ar advan�Pd. i. The maturitv date and amount due and the monthlv and annual interest rates. includin� all nawn fees and char�es. j_ In addition_ the followin� statements shall be nrinted on the receint: 1. "Anv nersonal nronertv nled�ed to a nawnbroker within this state is subiect to sale or disnosal when there has been no navment made on the account for a neriod of not less than 90 davs nast the date of tl�e nawn transaction. renewal. or extension: no further notice is i ORDINANCE NO. 98-11 necessarv. There is no obli�ation for the nled�or to redeem nled�ed �oods." 2. "The nled�or of this item attests that it is not stolen_ it has no liens or encumbrances a�ainst it. and the nled�or has the ri�ht to sell or nawn the item." 3. "This item is redeemable onlv bv the nled�or to whom the receint was issued. or anv nerson identified in a written and notarized authorization to redeem the nronertv identified in the receint. or a nerson identified in writin� bv the nled�or at the time of the initial transaction and si�ned bv the nled�or. Written authorization for release of nronertv to nersons other than the ori�inal nled�or must be maintained alon� with the ori�inal transaction record." Section 23-620. POI,ICE ORDERS. If a Citv nolice officer or other law enforcement officer notifies a dealer not to sell an item. thP item mav not be sold or removed from the licensed nremise until authorized to be released bv the uolice. or court order. Said notification. if verbal. should be followed bv a written order within 14 davs settin� forth the item to be held and the reasons therefore. i Section 23-621. WEAPONS. Subdivision 1. A licPnsed nawnbroker mav not receive. as a nled�e or otherwise. accent for sale. anv revolver_ nistol. rifle or shot�un unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed nawnbroker mav not receive. as nled�e or otherwise. accent for sale. anv sawed-off shotaun. automatic rifle. blackiack. switchblade. knife. or other similar weanons or firearms. Section 23-622. MOTOR VEHICLE TITLE PAWN TRANSACTIONS. Subdivision 1. In addition to the other reauirements of this section_ a nawnbroker who holds a title to a motor vehicle as nart of a nawn transaction sha11: a. be licensed as a motor vehicle dealer under Minnesota Statutes section 168.27_ and nost such license on the nawnshon nremises: b. verifv that there are no liens or encumbrances a�ainst the motor vehicle with the denartment of nublic safetv; ORDINANCE NO. 98-11 c. verifv that the nled�or has automobile insurance on the motor vehicle as reauired bv law. Section 23-623. HOURS OF OPERATION. From 9 n.m. Saturdav to 7 a.m. Mondav_ no nronertv shall be received as a nled�e or nurchased bv a nawnbroker: nor shall anv nronertv be sold durin� said hours bv anv bawnbroker. nor anv other dav before 7 a.m. nor anv other dav after 9 n.m. Further. no bawnbrokPr shall be onen for business on Christmas Dav or Thanks�iving Dav. I Section 23-624. PROHIBITED ACTS AND SIGNAGE. Subdivision l. Minors: A minor mav not sell. or attemnt to sell. �oods with a �awnbroker. A nawnbroker mav not receive �oods from a minor. Subdivision 2. Others: A nawnbroker mav not receive anv �oods from a nerson of unsound mind or an intoxicated nerson. Subdivision 3. Identification: A bawnbroker mav not receive �oods. unless the seller nresents identification in the form of a valid nicture driver's license or official state nhoto identification_ United States nassnort or militaxv I.D. Subdivision 4. Ownershin: No nerson mav nawn. sell. or deuosit anv article of nronertv that is not their own. Subdivision 5. State Statutes: Violation of Minnesota Statutes. Chanter 325J is a vialation of this section. Subdivision 6. Si�na�e: A si�n must be consnicuouslv nosted on each licensed nremises that is not less than four feet sauaxe in surface area. comnrised of letterin� not less than 3/4" hi�h statin� the followin�: To nawn or sell nronertv: A. You must be at least 18 vears of a�e. B. You must be the true owner of the nronertv. C. The nronertv must be free of all clairns and liens. D. You must nresent valid nhoto identification. E. Violation of anv of these reauirements is a crime. Section 23-625. IJCENSE DENIAL. SIJSPENSION OR REVOCATION. A license under this section mav be denied. susnended or revokPd bv the citv council after a nublic hearin� where the licensee is �ranted thP onnortumtv to be heard., for one or more of the followm� reasons: ORDINANCE NU. 98-11 a. The oneration of the business is in conflict with anv nrovision of this ordinance: I b. The oneration of the business is in conflict with anv health_ buildin�_ maintenance. zonin�. or other brovision of this ordinance or law: c. The licensee or the business nremise fails to conform with the standards for license I annlication contained in thi,s section. d. The licensee has failed to comnlv with one or more nrovisions of this section or anv statute. rule or ordinance bertainine to the business of nawnbroker: e. Fraud_ misrenresentation or hri.herv in securin� a license:, f. Fraud. misrenresentation or fa.lse statements made in the course of the annlicant's business: g_. Subi ect to the nrovisions of law. the licensee has been convicted of anv state or federal law relatin� to receivin� stolen nronertv. sale of stolen nronertv or controlled substances_ bur�larv_ robberv. theft. damage or tresnass to nronertv. oneration of a business. or anv law or ordinance re�ulatin� the business of nawnbroker. Section 23-626. REDEMPTION. A nerson who nawns an item shall have at least 90 da�s to redeem the item before it mav be sold. Redembtion and effect of nonredemntion shall otherwise be �overned bv Minnesota Statirtes Chanter 325J. Section 23-627. PAYMENTS BY CHECK. When a nawnbroker makes na�ment for an item nled�ed or received at the license nlace of business_ navment must be made bv check. made navable to the named navee. who is actuallv the intended seller. Section 23-628. INSPECTIONS. Anv beace officer or a nronerlv desi�nated emnlovee of the Citv or the State of Minnesota mav enter and search business nremises licensed under this section. or offsite stora�e facilities of the licensee. durin� normal business hours. without a warrant for the nurnose of insnectin� such nremises and the records and articles therein. Section 23-629. COLINTY LICENSE. Pawnbrokers dealin� in nrecious metals and �ems must be licensed bv Hennenin Countv in addition to the Citv license. Section 23-630. SEVERA.BILITY. If anv nart of Sections 23-601 throu�h 23-631 shall be adiud�ed to be invalid bv a c�urt of comnetent iurisdiction. such iud�ment or decree shall not affect or imbair the remainder of said sections. ORDINANCE NO. 9�-11 Section 23-631. PENALTIES. Anv nerson violatin� anv nrovision of Sections 23- 601 throuQh 23-631 shall be euiltv of a misdemeanor. and unon conviction thereof. shall be nunished bv a fine of not more than seven hundred dollars (�7001 and imnrisonment for nat more than 90 davs. I or both. to�ether with the cost of nrosecution. SECONDHAND C'�OODS DEALER� Section 23-650. DEFII�TITIONS. For the burnose of Sections 23-650 throu�h 23-678. the terms defined in this section ha�e the meanin�s �iven them. L Secondhand Good,s Dealer means a nerson whose re�ular business includes sellin� or receivin� tan�ible nersonal nronertv (excludin� motor vehiclesl nreviouslv used. rented_ owned or leased. 2. ConsiQnment House Dealer means a nerson whose regular business includes receivin�. but not nurchasin�. tan�ible nronertv with the intention to sell the nronertv and divide the nroceeds with the owner. Section 23-651. EXEMPTIONS. Sections 23-650 throu�h 23-678 shall not annlv to or include the following. Dealers engaging onlv in the followin� transactions are not reauired to have a license. The followin� transactions are not reauired bv this ordinance to be recorded or renorted to the nolice denartment. 1. The sale of secondhand �oods where all the followin� are nresent: a. The sale is held on nronertv occunied as a dwellin� bv the seller or owned_ rented or leased bv a charitable or nolitical or�anization; b. The items offered for sale are owned bv the occunant; I c. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (41 sales are held in anv 12-month neriod; e. That none of the items offered for sale shall have been nurchased for resale or received on consi�nment for the nurnose of resale. 2. The sale of �oods at an auction held bv an auctioneer. 3. The business of buvin� or sellin� onlv those secondhand �oods taken as nart i or full na�ment for new �oods and where such business is incident to and not the nrimarv business �f a nPrson. ORDINANCE NO. 98-11 4. A bulk sale of nronertv from a merchant_ manufacturer or wholesaler havin� an established nlace of business or �oods sold at onen sale from bankrunt stock. 5. Goods sold at an exhibition_ nrovidin� the exhibition does not last lon�er than ten davs in anv twelve month neriod. 6. Sales bv a licensed a�rtomobile dealer. 7. Firearms. includin� antiaue firearms. sold bv firearms dealers holdin� current valid federal firearms dealer licenses nermittin� them to deal in such sales. 8. Sales made bv the sheriff or other nublic officials in the dischar�e of their official duties. 9. Sales made bv assi�nees or receivers annointed in this state to make sales for I the benefit of creditors. 10. Transactions under $100 for stare credit onlv. with no navment of monev to the seller. 11. Sales at u'c mark ke n bli ets such as a flea mar t. 12. Sales of furniture. excludin� electronic devices. 13. Sales of clothin� nrovided no new clothin� is sold (other than clothin�, nurchased from commercial wholesalers for resale at retailL 14. Sales of recvcled motor oiL 15. Sales bv charitable or�anizations sellin� donated �oods. 16. Sales of bona fide antiaues or collectibles. 17. Sales of used books and ma�azines. 18. Resale of inerchandise returned to the seller after an initial sale bv the seller. 19. Sales of used tovs. Section 23-652. LICENSE RE(�UIRED. No nerson mav en�a�e in the business of a secondhand �oods dealer without first havin� obtained a license. ORDINANCE NO. 98 Subdivision 1. Senarate Licenses Reauired: A secondhand �oods dealer mav not conduct. onerate or en�a�e in the business of a nawnbroker without havin� obtained I a nawnbroker license in addition to a secondhand �oods dealer license. Section 23-653. MiJLTIPL,E DEALERS. The owners of a business_ at which two or more secondhand �oods dealers are en¢aged in business bv maintainin� senarate sales and identifvin� themselves to the nixhlic as individual dealers, mav obtain a multinle secondhand �oods I dealer license for that location. A multinle license mav not be issued unless the followin�, reauirements are met: l. The business must have a sin�le name and address: 2. The business must onerate in a combact and conti�uous snace as snecified in the license: 3. The business must be under the unified control and sunervision of the one nerson who holds the license: 4. Sales must be consummated at a central noint of re�ister onerated bv the owner of the business_ and the owner must maintain a comnrehensive account i of all sales. I Subdivision l. Comnliance: The holder of a secondhand �oods dealer license under this section for a business with more than one dealer at the same location must comnlv with all of the reauirements of this section. I includin� the resnonsibilitv for nolice renortin� and record keenin� in the same manner as anv other dealer licensed under this section. A dealer licensed under this section is resnonsible to its customers for stolen or misrenresented �oods sold at its nlace of business in the same manner as anv other dealer licensed under this section. Section 23-654. LICENSE FEE. Subdivision 1. Secondhand Goods Dealer: The annual license fee for a secondhand �oods dealer shall be set bv the citv council bv resolution. Subdivision 2. Multinle Sa1es: The annual license fee for a secondhand �oods dealer for a location ��vhere more than one secondhand �oods dealer is en�a�ed in business shall be set bv the citv council. Subdivision 3. In addition to the annual fee. the citv council mav establish. bv resolution. an investi�ation fee to be naid ubon initial ab�lication and unon anv y I ORDINANCE NO. 98-11 chanee in ownershin. Chan�e in ownershin shall include. in the case of a nartnershin, a chan�e in identitv of anv ,nartner and in the case of a cornoration. a chan�e in ownershin of more than five nercent of shares. Section 23-655. APPLICATION. Subdivision l. Contents: A license annlicant must comnlete an annlication form �rovided bv the chief of nolice. The anblication must be in a form and reauest information of the annlicant as determined bv the chief of nolice. Subdivision 2. Exec�rtion: If the anblicant is a natural nerson. the annlication must be signed and sworn bv the nerson: if a corooration. bv an a�ent authorized to si�n_ if a nartnershib. bv a nartner. Subdivision 3. Fees: The annlication must be accomnanied bv the reauired license fee and the established fee for investi�ation. The annual license fee. but not the investi�ation fee. will be returned to the annlicant if the annlication is reiected or denied. Subdivision 4. False Statements: It is unlawful to knowin�lv make a false statement in the license annlication. In addition to all other nenalties. the license mav be subseauentiv revoked bv the citv council for violation of this section. Section 23-656. BOND. A secondhand �oods dealer license will not be issued unless the annlicant files with the citv clerk a bond with cornorate suretv. cash_ or a United States �overnment bond in the amount of 10.000. The bond must be conditioned on the licensee obeving the laws and ordinances eovernin� the licensed business and navin� all fees. taa�es_ nenalties and other char�es associated with the business. ThP bonc� must nrovide that it is forfeited to the Citv unon violation of law or ordinance. Such bond shall be maintained so lon� as the secondhand �oods dealer does business. and shall be for the benefit of the Citv or anv nerson who shall suffer anv dama�e throu�h the act of such secondhand �oods dealer and shall not be terminable without the bond comnanv �ivin� written notice thirtv (301 davs in advance of termination to the citv clerk. Section 23-657. SITE PLAN. Subdivision l. The annlication for a secondhand �oods dealer license must be accomnanzed bv a site nlan drawn to scale. The site nlan must contain: a. A le�al descrintion of the nronertv unon which the nronosed license nremises I is situated. b. A survev. RD 98-11 O INANCE NO. c. The exact location of thP license nremise on the nronertv_ customer and emnlovee narkin� areas. access onto the nronertv_ and entrances into the nremises. d. The location of anv school or dav care center within 300 feet of anv nortion of the nremises occubied bv the annlicant if the secondhand �oods dealer will receive firearms. e. A floor nlan of the license nremises. Section 23-658. INVESTIGATIONS. Subdivision l. Conduct: The Citv. nrior to �rantin� of an initial or renewed secondhand �oods dealer license. must conduct a back�round and financial investi�ation �f the annlicant. Anv nerson ha�in� a beneficial interest in the license must be investi�ated. The chief of nolice shall cause to be made such investi�ation of the information reauested in this ordinance and shall make a written recommendation and renort to the citv council. The chief of nolice must verifv the facts stated in the annlication and must renort a11 convicted violations of state_ federal or municinal law involvin� the annlicant. interested nersons. or the unlicensed premises while under the annlicant's nronrietorshin. Subdivision 2. At the time of each ori�inal annlication for a license. the annlicant shall nav in full an investi�ation fee_ in an amount set bv citv council resolution. All investi�ation fees are nonrefiznciable. I Subdivision 3. At anv time that an additional investi�ation is reauired because of a license renewal. a chan�e in ownershin or control of the licensee or because of an enlar�ement_ alteration_ or extension of nremises nreviouslv licensed. the licensee shall nav an investi�ation fee in an amount set bv citv council resolution. All investi�ation fees are nonrefizndable. The investi�ation fee shall accomnanv the a�plication. Section 23-659. GRANTING OF THE LICENSE. After review of the license annlication and investi�ation renort. the citv council mav grant or refuse_ for one or more of the reasons set forth in Section 23-673. the annlication for a new or renewed secondhand �oods dealer license. A license will not be effective unless the anvlication fee and bond ha�e been filed with the chief of nolice. Section 23-660. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A secondhand �oods dealer license will not be issued to: 1 ORDINANCE NO. 98-11 a. A nerson who is not a citizen of the IJnited States or a resident alien_ or unon whom it is imnractical to conduct a back�round and financial investi�ation due to the unavailabilitv of information: b. A nerson under 18 vears of a�e: c. Subiect to the nrovision of law_ a nerson has been convicted of anv state or federal law relatin� to receivin� stolen nronertv. sale of stolen nronertv or controlled substance. bur�larv. robberv. theft. dama�e or tresnass to nronertv. oneration of a business_ or anv law or ordinance re�ulatin� the business of secondhand �oods dealer or nawnbroker: d. A nerson who within five (51 vears of the license annlication date had a secondhand �oods dealer or nawnbroker license revoked: e. A nerson who the citv council determines not to be of sufficient �ood moral character or renute: If the citv council determines_ after investigation and nublic hearin�. that the issuance of or the renewal of the license would adverselv affect nublic health. safetv or welfare. Section 23-661. PLACES INELIGIBL,E FOR LICENSES. A license will not be issued or renewed under this section for anv ,�lace or for anv business: a. If taxes. assessments or other financial claims of the Citv or the State of Minnesota on the licensee's business nremise are delinauent and unnaid: b. Within 300 feet of a school or dav care center if the secondhand �oods dealer will receive firearms: c. Where oneration of a licensed nremise would violate z�nin� ordinances: or d. Where the annlicant's nresent license was issued conditioned unon the annlicant makin� snecified imnrovements to the licensed nremise or the nropertv of the licPnsPd nremise which imnrovements have not been comnleted. Section 23-662. LICENSE LiMITATIONS. A license will be issued to the annlicant onlv and onlv for the business r�remises as described in the annlication. The license is effective onlv for the �nremise snPCified in the annroved license annlication. ORDINANCE NO. 98-11 Section 23-663. TERMS: EXPIRATION: PRO RATA FEE. The license is issued for a neriod of one (11 vear be�innin� on Januarv 1 excebt that if the annlication is made durin� the license vear. a license mav be issued for the remainder of the license vear for a monthlv nro rata fee. The unexnired fraction of a month will be counted as a comnlete month. The license exnires on December 31. Section 23-664. LICENSE REFiJND. The citv council mav. in its iudgment. refund a nro rata share of the license to the licensee or the licensee's estate i£ a. The business ceases to oberate because of destruction or dama�e: b. The licensee dies: c. The husiness ceases to be lawful for a reason other than license revocation: d. The licensee ceases to carrv the licensed business under the license. Section 23-665. DEATH OF A LICENSEE. In the case �f the death of a licensee. the nersonal renresentative of the licensee mav continue oneration of the business for not more than 90 davs after the licensee's death. Section 23-666. RECORDS. A licensed secondhand �oods dealer at the time of receint of an item. must immediatelv record. in ink or other indelible medium. in the En�lish lan�ua�e_ in a book or word nrocessin� unit. the followin� information: a. A comnlete and accurate descrintion of the item includin�. but not limited to. anv trademark. identification number_ serial number_ owner annlied number. model number. brand name and/or other identifvin� mark(sl on such item: b. The nurchase nrice: c. Date. time and nlace of receint: d. Full name. residence address. residence nhone number and date of birth of the nerson from whom the item was received: e. A descrintion of the sPller includin� annroximate hei�ht. sex and race. f. The address and telenhone number of the business: The identification numher from anv of the followin� forms of identification of the seller: ORDINANCE NO. 98-11 i. Valid nicture driver's licPnse. 2. Official state bhoto identification. nassnort or militarv I.D. h. The nurchaser's or consi�nee's si�nature. I i. The books. as well as the g�ods received. must be onen for insnection bv the nolice denartment d�aring business hours. The records reauired bv this subsection must be stored and maintained bv the licensee for a neriod of at least three (31 vears. j_ A secondhand �oods dealer (excludin� consi�nment house dealers and dealers in comnuter cartrid�es. nortable video �ames, and comnact discs or similar sound or video recordin�sl must. at the comnletion of anv transaction reauired to be renorted under Section 23-667. make a nhoto�ranhic record of the nerson sellin� the item(sl_ of the identification used. and the transaction record usin� a snlit ima�e nhotograbhic device. A video record of the seller. the identification used. and the transaction receint mav be used in nlace of a nhoto�ranhic record. brovided the video recordin� device nroduces a clear ima�e of at leave five (51 seconds in duration. In anv transaction of less than $100. the dealer ma� substitute a nhoto�ranhic record of the identification used and the transaction receint usin� a snlit ima�e nhoto�ranhic device or other device canable of conving both documents simultaneouslv. All ID's and receints must be le�ible when brinted and must bear the date of the transaction. The exnosed film or video tane used to record these transactions must he retained for a minimum of one vear after the date of the last transaction recorded. It must be turned over to an authorized neace officer. unon demand_ at anv time durin� the retention neriod. c� The amount naid or advanced. Section 23-667. DAILY REPORTS AND EXEMPTIONS. A comnuterized record of all transactions (excent transactions of consienment house dealers and dealers in comnuter cartridees. bortable video �ames_ and comnact discs or similar sound or video recordin�s. or transactions under $151 must be submitted to the bolice denartment on a dailv basis. The comnuterized records must be comnatible with the comuuter svstem used bv the Brooklvn Center Police Denartment. All items received must be retiorted on the comnnter svstem. The renort shall include all information reouired under Section 23-666. ORDINANCE NO. 98 Section 23-668. STOLEN GOODS AND IDENTIFICATION MARKIN('�S. A licensed secondhand �oods dealer must renort to tl�e nolice anv article sold or received. or sou�ht to be sold or received. if the licensee has reason to believe that the article was stolen or lost. A licensed secondhand �oods dealer mav not receive items from which a serial number. or other nersonal identification number or svmbol has been. or mav have been. removed. altered_ or obliterated. Section 23-669. HOLDING. An item received bv a secondhand �oods dealer for which a dailv renort to the nolice denartment is reauired bv Section 23-667 and the value of which is $100 or more mav not be sold for a beriod of 15 davs after receint. Firearms acauired bv a secondhand �oods dealer mav not be sold for a neriod of 90 davs after receint. Section 23-670. POLICE ORDERS. If a Citv nolice officer or other law enforcement officer notifies a dealer not to sell an item. the item mav not be sold or removed from the licensed nremise until auth�rized to be released bv the nolice. or court order. Said notification. if verbal, should be followed bv a written order within 7 davs settin� forth the item to be held and the reasons therefore. Section 23-671. WEAPONS Subdivision 1. A licensed secondhand �oods dealer mav not receive. as a nled�e or otherwise. accent for consi�nment or sale. anv revolver. nistol. rifle or shot�un unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed secondhand �?oods dealer mav not receive. as nled�e or otherwise. accent for consi�nment or sale. anv sawed-off shot�un. automatic rifle, blackiack. switchblade. knife. or other similar weanons or firearms. Section 23-672. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor mav not sell or consi�n. or attemnt to sell or consi�n_ �oods with a secondhand �oods dealer. A secondhand �oods dealer mav not receive �oods from a minor. Subdivision 2. Others: A secondhand �oods dealer mav not receive anv �oods from a nerson of unsound mind or an intoxicated nerson. Subdivision 3. Identification�. A secondhand goods dealer mav n�t receive �oods, unless the seller nresents identification in the form of a valid nicture driver's license or official state nhoto identification United States nassnort or militarv I.D. ORDINANCE NO. 98-11 Subdivision 4. Ownershin: No nerson mav sell or denosit anv article of nronertv that is not his or her own. Subdivision 5. Si�na�e: A si�n must be consnicuouslv nosted on each licensed nremises that is not less than four feet sauare in surface area_ comvrised of letterin� not less than 3/4" hi�h statin� the followin�: To sell nronertv: A. You must be at least 18 vears of a�e. B. You must be the true owner of the nronertv. C. The nronertv must be free of all claims and liens. D. You must nresent valid nhoto identification. E. Violation of anv of these reauirements is a crime. Section 23-673. LICENSE DENIAL. StJSPENSION OR REVOCATION. A license under Sections 23-650 throu�h 23-678 mav be denied. susnended or revoked bv the citv council after a nublic hearin� where the licensee is �ranted the onnortunitv to be heard. for one or more of the followin� reasons: a. The oneration of the business is in conflict with anv nrovision of this ordinance: b. The oneration of the business is in conflict with anv health. buildin�, maintenance_ I zonin�. or other nrovision of this ordinance or law: c. The licensee or the business nrem�se fails to conform with the standards for license annlication contained in this section: d. The licensee has failed to complv with one or more brovisions of this section or anv statute, rule or ordinance nertainin� to the business of secondhand �oods dealer: e. Fraud_ misrenresentation or hriberv in securin� a license_ f. Fraud. misrenresentation or false statements made in the course of the annlicant's business: g, Subiect to the nrovisipns of law. the licensee has been convicted of anv state or federal law relatin� to receivin� stolen nronertv_ sale of stolen nronertv or controlled substances. bur�larv. robberv atheft_ dama�e or tresnass to nronertv, oneration of a business. or anv law or ordinance re�ulatin� the business of secondhand �oods dealer or nawnbroker. ORDINANCE NO. 98-11 Section 23-674. PAYMENTS BY CHECK. When a secondhand �oods dealer makes navment in an amount �reater than one hundred dollars 1001 for an item or items received from a sin�le seller at the licensed blacP of busin.ess navment must be made bv check. na�able to the named naeee. who is act�zallv the intended seller. Section 23-675. INSPECTIONS. Anv neace officer or a nronerlv desi�nated I emnlovee of the Citv or the State of Minnesota mav enter and search business nremises licensed under this section_ or offsite storaee facilities of the licensee_ durin� normal business hours_ without a warrant for the nuroose of insnec;tin� such nremises and the records and articles therein. Section 23-676. COUNTY LICENSE. Secondhand �oods dealers dealin� in nrecious meta.ls and �ems must be licensed bv Hennenin Countv in addition to the Citv license. Section 23-677. SEVERABILITY. If a.nv nart of Sections 23-650 throu�h 23-678 shall be adiud�ed to be invalid bv a court of comnetent iurisdiction. such iud�ment or decree shall not affect or imnair the remainder of said sections. Section 23-678. PENALTIES. Anv nerson violatin� anv nrovision of Sections 23- 650 throu�h 23-678 shall be guiltv of a misdemeanor_ and unon conviction thereof. sha11 be nunished bv a fine of not more than seven hundred dollars (�7001 and imnrisonment for not more than 90 davs. or both. together with the c�st of nrosecution. Section 3. This ordinance sha11 become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 13th day of �tober 1998. 1/1��h,G�a Mayor U ATTEST: �-�n�nti�� City Clerk Date of Publication �tober 21, 1998 Effective Date November 20, 1998 (Strikeout indicates matter to be deleted, underline indicates new matter.)