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HomeMy WebLinkAbout1992-02 01-13 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of January 199.2 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 11 regarding Charitable Gambling Regulations in On -Sale Liquor establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 92 -02 AN ORDINANCE ADDING SECTIONS 23 -601 THROUGH 23 -633 TO THE CITY ORDINANCES RELATING TO PAWNBROKERS AND SECONDHAND DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Code of Ordinances of the City of Brooklyn n Center 's y i hereby amended by adding new Sections 23 601 through 23 -633 as follows: Section 23 -601. DEFINITIONS. For the purpose of Sections 23- 601 throuah 23 -633. the terms defined in this section have the meaninas aiven them. 1. Pawnbroker means a nerson who loans monev on deposit or pledae of personal oronerty. or other valuable thina. or who deals in the nurchasina of personal nroperty or other valuable thina on condition of sellina the same back aaain at a stipulated price, or who loans monev secured by chattel mortaaae on personal Dronerty, takina Dossession of the oronerty or anv part so mortaaaed. 2. Secondhand Goods Dealer means a person whose reaular business includes sellina or receiving_ tanaible personal DroDerty_ (excluding motor vehicles) Dreviouslv used. rented. owned or leased. Section 23 -602. EXEMPTIONS. Sections 23 -601 throuah 23 -633 shall not aDDly to or include the followina. 1. The sale of secondhand a_oods where all the followina_ are present. a. The sale is held on uronerty occupied as a dwellina by the seller or owned. rented or leased by a charitable or Dolitical oraanization: b. The items offered for sale are owned by the occupant: RESOLUTION NO. 92 -02 C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in anv 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consianment for the purpose of resale. 2. The sale of aoods at an auction held by an auctioneer. 3. The business of buvina or sellina onlv those secondhand aoods taken as hart or full Davment for new aoods and where such business is incident to and not the Drimary business of a person. 4. A bulk sale of Dronerty from a merchant, manufacturer or wholesaler havina an established place of business or aoods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition. Drovidina the exhibition does not last lonaer than ten days in anv twelve month Deriod. 6. Sales by a licensed automobile dealer. 7. Firearms, includina antiaue firearms, sold by firearms dealers holdina current valid federal firearms dealer licenses permittina them to deal in such sales. 8. Sales made by the sheriff or other Dublic officials in the discharae of their official duties. 9. Sales made by assianees or receivers aDnointed in this state to make sales for the benefit of creditors. Section 23 -603. LICENSE REQUIRED. No person may enaaae in the business of a secondhand aoods dealer or Dawnbroker without first havina obtained a license. Subdivision 1. Separate Licenses Reauired: A pawnbroker may not conduct, operate or enaaae in the business of secondhand aoods dealer without havina obtained a secondhand aoods dealer license in addition to a Dawnbroker license. A secondhand aoods dealer may not conduct. operate or enaaae in the business of a pawnbroker without havina obtained a Dawnbroker license in addition to a secondhand aoods dealer license. Section 23 -604. MULTIPLE DEALERS. The owners of a business, at which two or more secondhand aoods dealers are enaaaed in business by maintainina separate sales and identifvina themselves to the Dublic as individual dealers, may obtain a multiple RESOLUTION NO. 92 -02 secondhand aoods dealer license for that location. A multiple license may not be issued unless the following reauirements are met: 1. The business must have a single name and address; 2. The business must overate in a compact and contiguous space as specified in the license; 3. The business must be under the unified control and supervision of the one person who holds the license: 4. Sales must be consummated at a central point of register operated by the owner of the business. and the owner must maintain a comprehensive account of all sales. Subdivision 1. Compliance: The holder of a secondhand aoods dealer license under this section for a business with more than one dealer at the same location must comply with all of the reauirements of this section. includina the responsibility for police renortina and record keebina in the same manner as anv other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented aoods sold at its place of business in the same manner as anv other dealer licensed under this section. Section 23 -605. LICENSE FEE. Subdivision 1. Pawnbroker: The annual fee for a pawnbroker shall be set by the citv council by resolution. Subdivision 2. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer, not a pawnbroker. shall be set by the council by resolution. Subdivision 3. Multinle Sales: The annual license fee for a secondhand aoods dealer for a location where more than one secondhand Goods dealer is enaaaed in business shall be set by the council. Subdivision 4. In addition to the annual fee, the Citv Council may establish. by resolution, an investigation fee to be paid upon initial application and upon anv chanae in ownership. Chanae in ownership shall include, in the case of a partnership, a chanae in identity of anv partner and in the case of a corporation, a chanae in ownership of more than five percent of shares. Section 23 -606. APPLICATION. Subdivision 1. Contents: A license applicant must RESOLUTION NO. 92 -02 complete an application form provided by the chief of police. The application must be in a form and reauest information of the applicant as determined by the chief of Dolice. Subdivision 2. Execution: If the applicant is a natural Derson. the application must be sianed and sworn by the Derson: if a corporation. by an aaent authorized to sian: if a DartnershiD, by a Dartner. Subdivision 3. Fees: The application must be accompanied by the reauired license fee and the established fee for investiaation. The annual license fee, but not the investiaation fee, will be returned to the aDplicant if the application is re or denied. Subdivision 4. False Statements: It is unlawful to knowinaly make a false statement in the license application. In addition to all other Denalties, the license may be subseauentiv revoked by the city council for violation of this section. Section 23 -607. BOND. A pawnbroker or secondhand aoods dealer license will not be issued unless the ao_o_licant files with the city clerk a bond with corporate suretv, cash. or a United States aovernment bond in the amount of 55,000 for a pawnbroker license or 55.000 for a secondhand aoods dealer license. The bond must be conditioned on the licensee obevina the laws and ordinances aovernina the licensed business and navina all fees. taxes. penalties and other charges associated with the business. The bond must provide that it is forfeited to the city upon violation of law or ordinance. Section 23 -608. SITE PLAN. Subdivision 1. The application for a Dawnbroker or secondhand aoods dealer license must be accompanied by a site Dlan drawn to scale. The site clan must contain: a. A leaal description of the Droperty upon which the or000sed license premises is situated. b. A survev. C. The exact location of the license premise on the Droperty. customer and emDlovee Darkina areas. access onto the Droperty, and entrances into the premises. d. The location of and distance from the nearest church. school. hospital and residence. e. A floor plan of the license premises. RESOLUTION NO. 92 -02 Section 23 -609. INVESTIGATIONS. Subdivision 1. Conduct: The city, prior to arantina of an initial or renewed pawnbroker or secondhand aoods dealer license, must conduct a backaround and financial investiaation of the applicant. Anv person havina a beneficial interest in the license must be investiaated. The chief of police shall cause to be made such investiaation of the information reauested in this ordinance and shall make a written recommendation and report to the citv council. The chief of police must verifv the facts stated in the application and must report all convicted violations of state. federal or municipal law involvina the applicant, interested persons. or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each oriainal application for a license. the applicant shall nav in full an investiaation fee. in an amount set by city council resolution. All investiaation fees are nonrefundable. Subdivision 3. At anv time that an additional investiaation is required because of a license renewal. a chanae in ownership or control of the licensee or because of an enlaraement. alteration, or extension of premises ureviously licensed, the licensee shall nav an investiaation fee in an amount set by city council resolution. All investiaation fees are nonrefundable. The investiaation fee shall accomnanv the application. Section 23 -610. PUBLIC HEARING. A pawnbroker or secondhand aoods dealer license will not be issued without a public hearina. Anv person havina an interest in or who will be affected by the proposed license will be permitted to testifv at the hearina. The public hearina must be preceded by a 10 -dav published notice suecifvina the location of the proposed licensed business premises. Section 23 -611. GRANTING OF THE LICENSE. After review of the license application. investiaation report and public hearina, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -627, the application for a new or renewed pawnbroker or secondhand aoods dealer license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 -612. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A pawnbroker or secondhand aoods dealer license will not be issued to: a. A person who is not a citizen of the United States, or a resident alien, or upon whom it is impractical RESOLUTION NO. 92 -02 to conduct a backaround and financial investiqation due to the unavailabilitv of information; b. A Berson under 18 vears of aae; C. Subiect to the provision of law. a Berson has been convicted of anv state or federal law relatina to receivina stolen oronerty, sale of stolen property or controlled substance. buralarv. robberv. theft. damaae or trespass to nronerty. operation of a business. or anv law or ordinance reaulatina the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) vears of the license application date had a pawnbroker or secondhand aoods dealer license revoked; e. A person who the citv council determines not to be of sufficient aood moral character or repute; f. If the citv council determines. after investiaation and public hearina. that the issuance of or the renewal of the license would adverselv affect public health, safetv or welfare. Section 23 -613. PLACES INELIGIBLE FOR LICENSES. A license, will not be issued or renewed under this section for anv place or for anv business: a. If taxes. assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and. unpaid b. If the premise is located within 300 feet of a school or church; C. Where operation of a licensed premise would violate zonina ordinances or; -d. Where the applicant's present license was issued conditioned upon the applicant makinq specified imp roveme nts to licensed remis the li p e or the nronerty of the licensed premise which improvements have not been completed. Section 23 -614. LICENSE LIMITATIONS. A license will be issued to the applicant only and onlv for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section 23 -615. TERMS: EXPIRATION; PRO RATA FEE. The license is issued for a period of one (1) vear beainnina on January 1 RESOLUTION NO. 92 -02 excent that if the annlication is made durina the license vear, a license mav be issued for the remainder of the license year for a monthly nro rata fee. The unexpired fraction of a month will be counted as a comnlete month. The license expires on December 31. Section 23 -616. LICENSE REFUND. The city council mav, in its ludaement. refund a nro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to onerate because of destruction or damaae: b. The licensee dies; C. The business ceases to be lawful for a reason other than license revocation: d. The licensee ceases to carry the licensed business under the license. Section 23 -617. DEATH OF A LICENSEE. In the case of the death of a licensee. the personal representative of the licensee mav continue operation of the business for not more than 90 days after the licensee's death. Section 23 -618. RECORDS. A licensed secondhand aoods dealer and pawnbroker. at the time of receipt of an item. must immediately record. in ink or other indelible medium. in the Enalish lanauaae. in a book or word processina unit. the followina information: a. An accurate description of the item includina. but not limited to. anv trademark, identification number. serial number. model number, brand name and /or other identifvina mark(s) on such item; b. The purchase price: c. Date, time and place of receint: d. Name, address, phone number and date of birth of the nerson from whom the item was received: e. The identification number from anv of the followina forms of identification of the seller; L11 Valid picture driver's license: Official state photo identification, passport or military I.D. f. The books, as well as the goods received, must be onen for insnection by the police department durina business hours. The records required by this subsection must be stored and maintained by the RESOLUTION NO. 92 -02 licensee for a period of at least three (3) vears. Section 23 -619. DAILY REPORTS. For the followina items, reaardless of resale price. a secondhand aoods dealer or Dawnbroker must make out on forms approved by the police department, and send daily by mail or courier to the police department. a legible description of the aoods received durina the preceding day. toaether with the time received and a description of the individual from whom the aoods were received. a. Items with a serial number. or other Dersonal identification number or svmbol or items from which such number or svmbol has been. or may have been. removed. altered or obliterated: b. Cameras: c. Electronic audio or video eauiument: d. Precious lewelry or aems. and Drecious metals: e. Artist signed or artist attributed works of art: f. Guns and firearms: e Items not included in the above. except furniture and kitchen or laundry aDDliances, which the secondhand aoods dealer or Dawnbroker intends to sell for more than 5200. Section 23 -620. STOLEN GOODS. A licensed Dawnbroker or secondhand aoods dealer must report to the police anv article Dledaed or received, or souaht to be uledaed or received, if the licensee has reason to believe that the article was stolen or lost. Section 23 -621. HOLDING. An item received by a secondhand aoods dealer or pawnbroker for which a report to the Dolice is reauired may not be sold or otherwise transferred for a period of 12 days after the date of such report to the Dolice. However, an individual may redeem an item Dawned 72 hours after the item was received on deposit, excludina Sundays and legal holidays. Section 23 -622. RECEIPT. A licensed secondhand goods dealer or pawnbroker must Drovide a receipt to the seller or consianor of anv item which includes: a. The address and telephone number of the business: b. The date: C. A description of the items purchased; d. The purchaser's or co- sianee's signature. RESOLUTION NO. 92 -02 Section 23 -623. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police, or court order. Said notification. if verbal. should be followed by a written order within 72 hours settina forth the item to be held and the reasons therefore. Section 23 -624. WEAPONS. Subdivision 1. A licensed pawnbroker or secondhand goods dealer may not receive. as a oledae or otherwise, accept for consianment or sale. anv revolver, pistol. rifle or shotaun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed pawnbroker or secondhand aoods dealer may not receive. as oledae or otherwise. accept for consianment or sale. anv sawed -off shotaun, automatic rifle, blackjack. switchblade. knife. or other similar weapons or firearms. Section 23 -625. HOURS OF OPERATION. From 9 D.m. Saturdav to 7 a.m. Monday. no property shall be received as a pledge, on consianment or purchased by an pawnbroker or secondhand aoods dealer; nor shall anv Dronerty be sold durina said hours by anv Dawnbroker or secondhand aoods dealer. nor anv other day before 7 a.m. nor anv other day after 9 D.m. Further, no pawnbroker or secondhand aoods dealer shall be open for business on Christmas Dav or Thanksaivina Day. Section 23 -626. PROHIBITED ACTS. Subdivision 1. Minors: A minor may not sell or consian. or attempt to sell or consian, aoods with a secondhand aoods dealer or Dawnbroker. A secondhand aoods dealer or Dawnbroker may not receive aoods from a minor. Subdivision 2. Others: A secondhand aoods dealer or Dawnbroker may not receive anv goods from a Derson of unsound mind or an intoxicated Derson. Subdivision 3. Identification: A secondhand goods dealer or Dawnbroker may not receive Goods, unless the seller presents identification in the form of a valid Dicture driver's license or official state photo identification. United States Dassnort or military I.D. Section 23 -627. LICENSE DENIAL, SUSPENSION OR REVOCATION. A license under this section may be denied, suspended or revoked by the citv council after a public hearina where the licensee is aranted the opportunity to be heard, for one or more of the followina reasons: I,` RESOLUTION NO. 92 -02 a. The operation of the business is in conflict with anv provisio n of this ordinance: b. The operation of the business is in conflict with anv health. buildina. maintenance. zonina. or other provision of this ordinance or law: C. The licensee or the business premise fails to conform with the standards for license auulication contained in this section; d. The licensee has failed to comply with one or more provisions of this section or anv statute. rule or ordinance uertainina to the business of pawnbroker or secondhand aoods dealer; e. Fraud. misreuresentation or bribery in securina a license f. Fraud, misrepresentation or false statements made in the course of the applicant's business: q_ Subiect to the urovisions of law. the licensee has been convicted of anv state or federal law relatina to receivina stolen nronerty, sale of stolen property or controlled substances. buralarv. robberv. theft. damaae or trespass to prouerty. oueration of a business, or anv law or ordinance reaulatina the business of pawnbroker or secondhand aoods dealer. Section 23 -628. REDEMPTION. A person who pawns an item shall have at least 120 days to redeem the item before it may be sold. Section 23 -629. PAYMENTS BY CHECK. When a secondhand aoods dealer or pawnbroker makes uavment for an item nledaed or received at the license ulace of business. oavment must be made by check. made navable to the named payee. who is actually the intended seller. Section 23 -630. INSPECTIONS. Anv ueace officer or a oroperly desianated employee of the city or the state of Minnesota may enter, inspect and search business premises licensed under this section. durina normal business hours. without a warrant. Section 23 -631, COUNTY LICENSE. Secondhand aoods dealers and uawnbrokers dealing in urecious metals and Gems must be licensed by Hennepin County in addition to the city license. Section 23 -632. SEVERABILITY. If any part of this ordinance shall be adludaed to be invalid by a court of comuetent jurisdiction. such iudament or decree shall not affect or impair the remainder of this ordinance. Section 23 -633. PENALTIES. Anv person violatina anv RESOLUTION NO. 92 -02 provision of this ordinance shall be auiltv of a misdemeanor. and upon conviction thereof. shall be punished by a fine of not more than seven hundred dollars (5700) and imprisonment for not more than 90 days. or both. together with the cost of prosecution. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 13th day of January 19 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication December 25, 1991 Effective Date January 24, 1992 (Brackets indicate matter to be deleted, underline indicates new matter.)