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HomeMy WebLinkAbout1992-02 12-25-91 AP POST PUBLICATIONS Z AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Gregory Ptecin .being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the Brooklyn C ent e r sm -Po s t and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. Ordinance No. pawnbrokers second (B) The printw+ hand dealers which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 aednesdey 25th successive weeks; iT was first published on the -lay of D ece mb er 19 91 and was thereafter printed and published on every to and including the day of 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefghi j kl mnopgrstuvwxyz f v BY, y 3 pq TITLE* General Manager Acknowledged before me on 26th December 91 thi- day of 19 Notary Public y BRODA i LIG— i1A1NNE SOTb RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- 1 parablespace. (Line) (2) Maximum rate allowed bylaw for the above matter. s (Line) G (3) Rate actually charged for the above matter. s V Line) Cit application is rejected or denied, mediately record, in ink or other indelible the intended seller. y of Brooklyn Center Subdivision 4. False Statements: It is medium, in the English language, in a book'or Section 23 -630. INSPECTIONS. Any Notice is hereby given that a public hearing unlawful to knowingly make a false statement word processing unit, the following informa- peace officer or a properly designated em will be held on the 13th day of January, 1992 at in the license application. In addition to all tion: ployee of the.city or th;,,;ttale of Minnesota may 7:30 p.m. at the Clty Hall, 6301 Shingle Creek" other penalties, the license may be subse- a. An accurate description of the item enter, inspect and search business premises Parkway to consider an amendment to quently revoked by the city council for violati- including, but not limited to, any trade Licensed under this section, during' normal Chapter 11 regarding.` Charitable Gambling on of this section. .mark, identification number, serial business hours, without a warrant.' Regulations, in On -Sale Liquor establish Section 23 -607. BOND. A pawnbroker or number, model number, brand name Section 23 -631. COUNTY LICENSE. Sec- ments. secondhand goods dealer license will not be and /or other identifying Mark(s) on such ondhand goods dealers and pawnbrokers deal- Auxiliary aids for handicapped persons are Issued unless the applicant -files with the city item; Ing in precious metals and gems must be available' upon request at least 96 hours in clerk a bond with corporate surety, cash, or a b.' The purchase price; licensed by Hennepin County in addition to the advance° ,Please contact the Personnel Coor- United States government bond in the amount c. Date, time and place of receipt; city license. dina' 69-3300 to-make arrangements: ofS 5, 000 for a pawnbroker license or $5,000'for d. Name, address, phone number and Section 23- 632." SEVERABILITY. If any ORDINANCE NO. a secondhand goods dealer license. The bond date of birth of The person from whom the part of this ordinance shall be adjudged to be AN On_,NANCE ADDING SECTIONS 23 -601 must be conditioned on the licensee obeying the 'item was received; invalid by a court of competent jurisdiction, THROUGH 23 -633TO THE CITY laws and ordinances, governing the licensed e. The identification number from any such judgement or decree shall not affect or ORDINANCES RELATING TO business and paying all fees, taxes, penalties of the following forms of identification of impair the remainder of this ordinance. PAWNBROKERS AND SECONDHAND and other charges associated,with the bus!- the seller; Section 23 -633. PENALTIES. Any person DEALERS ness. The bond must provide that it is forfeited (1) Valid picture driver's license; violating any provision of this ordinance shall THE CITY COUNCIL OF THE CITY OF to the city upon violation of law or ordinance. (2) Official state photo identification be guilty ofa misdemeanor, and upon convic BROOKLYN CENTER DOES ORDAIN AS Section23 -608. SITE PLAN. passport or military 1. D. tion thereof, shall be punished by a fine of not FOLLOWS: Subdivision 1. The appllcafion for a I. The books, as well as the .goods re- more than seven hundred dollars (5700) and Section 1. The Code of Ordinances of the pawnbroker or secondhand goods dealer ceived, must be open for inspection by the imprisonment for not more than 90 days, or City of Brooklyn Center is hereby amended by license must be accompanied by a site plan police department during business hours. both, together with the cost of prosecution. adding new Sections 23 -601 through 23-633 as drawn to sca Is. The site pla n must contain: The records required by this subsection Section 2. This ordinance shall become ef- follows: a. A legal description of the property must be stored and maintained by the fective after adoption and upon thirty (30) Section 23 -601. DEFINITIONS. For the upon which the proposed license premises licensee for a period of at least three (3) daysfollowing its legal publication. purpose of Sections 23-601 through 23 -633, the issituated. years. Adoptedthis day of 199 terms defined in this section have the mean- b. Asurvey. Section 23 -619. DAILY REPORTS. For Todd Paulson, Mayor ings-given them. c. The exact location of the license the following items, regardless of resale Attest: 1. Pawnbroker means a person who loans Premise on the property, customer, and price, a secondhand goods dealer or Deputy Clerk money on deposit or pledge of personal proper- employee parking areas, access onto the pawnbroker must make out on forms approv- Date of Publication ty, or other valuable thing, or who deals in the property, and entrances intothe premises. ed by the police department, and send daily Effective Date purchasing of personal property, or other d. The location of and distance from the by mail or courier to the police department, a (Brackets indicate matter to be deleted, valuable thing on condition of selling-the same nearest church, school, hospital and resi- legible description of the goods received dur- boldface indicates new matter.) back again of a stipulated price, or who loans dente. Ing the preceding day, together with time re- (Dec. 25th, 1991) B. Center money secured by chattel mortgage on per- e. A floor plan of the license premises. ceived and a description of the individual sonal property, taking possession of the prop- Section 23-609.1. INVESTIGATIONS. from whom the goods were received. erty or any part so mortgaged. Subdivision 1. Conduct: The "city, prior a. Items with a serial number, or other 2.. Secondhand Goods Dealer means a per- to granting of an initial or renewed Personal identification number or symbol son whose regular business includes selling or pawnbroker or secondhand goods dealer or items from which such number or receiving tangible personal property (ex- license, must conduct a background and fi symbol has been, or may have-been, cluding motor vehicles) previously used, nancial investigation of the applicant. Any removed, altered or obliterated; rented, owned or leased. person having a beneficial interest b. Cameras; Section 23 -602. EXEMPTIONS. 'Sections license must be investigated. The chi the c. Electronic audio or video equipment; ef of d. Precious 23-601 through 23-633 shall not apply to or in- police shall cause to be made such investiga- jewelry or gems, and clude the following. tion of the information requested in this ordi- Precious metals; 1, The sale of secondhand goods where all nance and shall make a written recommen- e. Artist signed or artist attributed the following are present. tattoo and report to the city council. The chief works of art; a. The sale is held on property occupied of police must verify the facts stated in the I. o sand firearms; as a dwelling by the seller or owned, rented application and must report all convicted via c It not included in the above, ex- or leased by a charitable or political or- lations of state, federal or municipal law in- epf furniture and kitchen or laundry ap- ganization; volving the applicant, interested persons, or pliances, which the secondhand goods b. The items offered for sale are owned the unlicensed premises while under the ap- dealer or pawnbroker intends to sell for by the occupant; plicant's proprietorship. more than $200. c. That no sale exceeds a sale of 72 con Subdivision 2. At the Time of each original Section 23 -620. STOLEN GOODS. A licens- secutive hours; application for a license, the applicant shall ed pawnbroker or secondhand goods dealer d. That no more than four (4) sales are pay in full an investigation fee, in an amount must report to the police any article pledged held in any 12 -month period; set by city council resolution. All investigation or received, or sought to be pledged or re- e. TI-t none of the items offered for sale fees are nonrefundable. I ceived, if The licensee has reason To believe sh- ie been purchased for resale or Subdivision 3. At any time that an addi- that the article was stolen or lost. re, on consignment for the purpose of tional investigation is required because of a Section 23 -621. HOLDING An item re- ress._- ceived by a secondhand goods dealer or 2: The sale of Dods at an auction held b license renewal, a change in ownership or pawnbroker for which a report to the police is 9 Y control of the licensee or because of an required may anauctioneer. enlargement, alteration, or extension of Y not b f sold or otherwise ate of 3. The business of buying or selling only premises previously licensed, the license shall ferret for a period of 12 days after the date of those secondhand goods taken as part or full pay an investigation fee in an amount set by such report to the police. However, an indi- payment for new goods and where such busi- city council resolution. All investigation fees a may redeem re Item pawned 72 hours after ness is incidentfoand notthe primary business are nonrefundable. The investigation fee shall after the item was received on deposit, ex- of a person. accompany The application. cluding Sundays and legal holidays. 4. Abulksaleofpropertyfromamerchant, Section 23 -610. PUBLIC HEARING. p Section 23 -622. RECEIPT. A licensed manufacturer or wholesaler having an estab- pawnbroker or secondhand goods dealer secondhand goods dealer or pawnbroker must lished place of business or goods sold at open license will not be issued without a public provide a receipt to the seller or consignor of sale from bankrupt stock. hearing. An any item which includes: who wl11 be affected by proposed S. Goods sold of an exhibition, providing Y Person having an interest license will in or a. The address and telephone number of the exhibition does not last longer than ten be permitted To testify at the hearing. the business; The b. The date; days in any twelve month period. public hearing must be preceded by a 10-day 6. Sales by a licensed automobile dealer. published notice specifying the location of the c. Adescriptionoftheitemspurchased; 7. Firearms, including antique firearms, proposed licensed business premises. d. The purchaser's or co- signee's sold by firearms dealers holding current valid Section 23 -611. GRANTING OF THE signature. federal firearms dealer licenses permitting LICENSE. After review of the license ap- Section 23 -623. POLICE ORDERS. If a them to deal in such sales. I plication, investigation report and public city police officer or other law enforcement of- t. Sales made by the sheriff or other public hearing, the city council may grant or refuse, ficer notifies a dealer not to sell an item, the officials in the discharge of their official duties. for one or more of the reasons set forth in item may not be sold or removed from the 9. Sales made by assignees or receivers Section 23 -627, the application for a new or licensed premise until authorized to be releas- appointed in this state to make sales for the renewed pawnbroker or secondhand goods ed by the police, or court order. Said notifica- benefit of creditors. dealer license. A license will not be effective tion, if verbal, should be followed by a written Section 23 -603. LICENSE REQUIRED. unless the application fee and bond have been order within 72 hours setting forth the item to No person may engage in the business of a filed with the chief of police. be held and the reasons therefore. secondhand goods dealer or pawnbroker Section .23-612. PERSONS INELIGIBLE Section23 -624. WEAPONS. without first having obtained a license. FOR LICENSE. Subdivision 1. A licensed pawnbroker or Subdivision 1. Separate Licenses Re- Subdivision 1. A pawnbroker or second- secondhand goods dealer may not receive, as a quired: A pawnbroker may not conduct, hand goods dealer license will not be issued pledge or otherwise, accept for consignment or operate or engage in the business of second to: sale, any revolver, pistol, rifle or shotgun hand goods dealer without having obtained a a. A person who is not a citizen of the unless said dealer also maintains a federal secondhand goods dealer license in addition to United States or a resident alien, or upon firearms dealer's license. a pawnbroker license. A secondhand goods whom it is impractical to conduct a Subdivision 2. A licensed pawnbroker or dealer may not conduct, operate or engage in background and financial investigation secondhand goods dealer may not receive, as the business of a pawnbroker without having due to the unavailability of information; pledge or otherwise, accept for consignment or obtained a pawnbroker license in addition to a b. A person under 18 years of age; sale, any sawed -off shotgun, automatic rifle, secondhand goods dealers license. c. Subject to the provision of law, a per- blackjack, switchblade, knife, or other similar Section 23 -604. MULTIPLE DEALERS. son has been convicted of any state or weapons or firearms. The owners of a business, at which two or more federal.law relating to receiving stolen Section 23 -625. HOURS OF OPERATION. secondhand goods dealers are engaged in bus- property, sale of stolen property or con- From 9 p.m. Saturday to 7 a.m. Monday, no iness by maintaining separate sales and iden- trolled substance, burglary, robbery, property shall be received as a pledge, on con tifying themselves to the public as individual theft, damage or trespass to property, signment or purchased by an pawnbroker or dealers, may obtain a multiple secondhand operation of a business, or any law or or- secondhand goods dealer; nor shall any prop goods dealer license for that location. A multi- dinance regulating the business of erty be sold during said hours by any ple license may not be Issued unless the follow- pawnbrokers or secondhand goods pawnbroker or secondhand goods dealer, nor Ing requirements are met: dealers; any other day before 7 a.m. nor any other day 1. The business must have a single name d. A person who within five (5) years of after 9 p.m. Further, no pawnbroker or sec andaddress; the license application date had a ondhand goods dealer shall be open for busi- 2. The business must operate in a compact pawnbroker or secondhand goods dealer ness on Christmas Day or Thanksgiving Day. and contiguous space as specified in the license revoked; Section23 -626. PROHISITEDACTS. license; e. A person who The city council deter- Subdivision 1. Minors: A minor may not 3. The business must be under The unified mines not to be of sufficient good moral sell or consign, or attempt to sell or consign, control and supervision of the one person who character or repute; goods with a secondhand goods dealer or holds f' snse; f. If the city council determines, after Pawnbroker. A secondhand goods dealer or 4. nust be consummated at a central investigation and public hearing, that the pawnbroker may not receive goods from a point o ,ister operated by the owner of the issuance of or the renewal of the license minor. business, and the owner must maintain a com- would adversely affect public health, Subdivision 2. Others: A secondhand prehensive account of all sales. safety or welfare. goods dealer or pawnbroker may not receive Subdivisionl. Compliance: Theholderof Section 23 -613. PLACES INELIGIBLE any goods from a person of unsound mind or an a secondhand goods dealer license under this FOR LICENSES. A license will not be issued intoxicated person. section for a business with more than one or renewed under this section for any place or Subdivision 3. Identification: A second dealer at the same location must comply with for any business: hand goods dealer or pawnbroker may not all of the requirements of this section, in- a." If taxes, assessments or other finan- receive goods, unless the seller presents iden- cluding the responsibility for police reporting cial claims of the city or the State of Min- tification in the form of a valid picture driver's and record keeping in the same manner as any nesota on the licensee's business premise license or official state photo identification, other dealer licensed under this section. A are delinquentand unpaid; United States passport or militaryl.D. dealer licensed under this section is responsi- b. If the premise is located within 300 Section 23.627. LICENSE DENIAL, ble to its customers for stolen or misrepre, feet of a school or church; SUSPENSION OR REVOCATION. Alicense seated goods sold at Its place of business in the c. Where operation of a licensed under this section may be denied, suspended or same manner as any other dealer licensed premise would violate zoning ordinances revoked by the city council after a public hear- under this section. or; ing where the licensee is granted the opportu- Section23 -605. LICENSE FEE. d. Where the applicant's present license nity to be heard, for one or more of the follow Subdivision 1. Pawnbroker: The annual was issued conditioned upon the applicant ing reasons: fee for a pawnbroker: The annual fee for a making specified improvements to the a. The operation of the business is in con pawnbroker shall be set by the city council by licensed premise or the property of the flict with any provision of this ordinance; resolution. licensed premise which improvements b. The operation of the business is in con Subdivision 2.' Secondhand Goods Dealer: have not been completed. flict with any health, building, mainten- The annual license fee for a secondhand goods Section 23 -614. LICENSE LIMITATIONS. ante, zoning, or other provision of this or- dealer, not a pawnbroker shall be set by the A license will be issued to the applicant only dinance or law; council by resolution. and only for the business premises as des- c. The licensee or the business premise Subdivision 3. Multiple Sales: The annual cribed in the application. The license is effec- falls to conform with the standards for license fee for a secondhand goods dealer for a five only for the premise specified in the ap- license application contained in this sec location where more than one secondhand proved license application. tion; goods) dealer is engaged in business shall be Section 23 -615. TERMS; EXPIRATION; d. The licensee has failed to comply with set by the counciI. PRO RATA FEE. The license is issued for a one or more provisions of this section or Subdivision 4. In addition to the annual fee, period of one (1) year beginning on January 1 any statute, rule or ordinance pertaining to the City Council may establish, by resolution, except that if the application is made during the business of pawnbroker or secondhand an investigation fee to be paid upon initial ap- the license year, a license may be issued for goodsdealer; plication and upon any change:(in ownership. the remainder of the license year for a e. Fraud, misrepresentation or bribery Change in ownership shall include, in the case monthly pro rata fee. The unexpired fraction in securing a license; of a partnership, a change in identity of any of a month will be counted as a complete I. Fraud, misrepresentation or false partner and in the case of a corporation, a month. The license expires on December 31. statements made in the course of the ap- change in ownership of more than five percent Section 23 -616. LICENSE REFUND. The plicant's business; of sheres, city council may, in its judgement; refund a g. Subject to the provisions of law, the Section 23 -606. APPLICATION. pro rata share of the license to the licensee or licensee has been convicted of any state or Subdivision 1. Contents: A license appli- the licensee's estate if: federal law relating to receiving stolen cant must complete an application form pro- a. The business ceases to operate be- property, sale of stolen property or con vided by the chief of police. The application cause of destructionordamage; trolled substances, burglary, robbery, must be in a form and request information of b. The licensee dies; theft, damage or trespass to property, the applicant as determined by the chief of c. The business ceases to be lawful for a operation of a business, or any law or or- police. reason other than license revocation; dinance regulating the business of ision 2. Execution: If the appli- d. The licensee ceases to carry the pawnbroker or secondhand goods dealer. ca natural person; the application must licensed business under the license. Section 23 -628. REDEMPTION. A person be :d and sworn by the person; if a cor- Section 23 -617. DEATH OF A LICENSEE. who pawns an item shall have at least 120 day's poration, by an agent authorized to sign; if a In the case of the death of a licensee, the per- to redeem the item before it may be sold. partnership, by a partner. sonal representative of the licensee may con- Section 23 -629. PAYMENTS BY CHECK. Subdivision 3. Fees: The application tinue operation of the business for not more When a secondhand goods dealer or must be accompanied by the required license than 90 days after the licensee's death. pawnbroker makes payment for an item fee and the established fee for investigation. Section 23.618. RECORDS. A licensed pledged or received at the license place of bus The annual license fee, but not the investiga- secondhand goods dealer and pawnbroker, at iness, payment must be made by check, made tion fee, will be returned to the applicant if the the time of receipt of an item, must im- payable to the named payee, who is actually