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<br />Section 15.453. MULTIPLE DEALERS. The
<br />owners of a business, at which two or more
<br />secondhand goods dealers are engaged in
<br />business by maintaining separate sales and
<br />identifying' themselves to the public as in-
<br />dividual dealers,. may obtain a multiple second-
<br />hand goods dealer license for that location. A
<br />multiple license may not be Issued unless the
<br />following requirements are met:
<br />1. The business must have a single name
<br />and address;
<br />2. The business must operate ina compact
<br />and contiguous space as specified in the
<br />license; .
<br />3. The business must be under the unified
<br />control and supervision of the one person who
<br />holds the license;
<br />4. Sales must be consummated at a central
<br />point of register operated by the owner of the
<br />business, and the owner must maintain a com~
<br />prehensive account of all sales.
<br />Subdivision 1. Compliance: The holder of a
<br />secondhand goods dealer license under this
<br />section for a business with more than one
<br />dealer at the same location must comply with
<br />all of the requirements of this section, Including
<br />the responsibility for police reporting and record
<br />keeping in. the same manner. as any other
<br />dealer licensed under this section. A dealer
<br />licensed under this section is responsible to its
<br />customers for stolen or misrepresented goods
<br />sold at its place of business In the same man-
<br />ner as any other dealer licensed under this
<br />section.
<br />Section 15-454, LICENSE FEE.
<br />Subdivision 1_ Pawnbroker: The annual fee
<br />for a pawnbroker license shall be set by the ci-
<br />ty council by resolution.
<br />Subdivision 2. .Secondhand Goods Dealer:
<br />The annual license fee for a secondhand goods
<br />dealer license shall be set by the council by
<br />resolution.
<br />Subdivision 3. Multiple Sales: The annual
<br />license fee for a secondhand goods dealer for
<br />a location where more than one secondhand
<br />goods dealer is engaged in business shall be
<br />set by the council by resolution.
<br />
<br />SUbdivision 4. In addition to the annual fee.
<br />the City Council may establish. by resolution,
<br />an investigation fee to be paid upon initial ap~
<br />plication and upon any change in ownership.
<br />Change in ownership shall include, in the case
<br />of a partnership, a change In identity of any
<br />partner and in the case of a corporation, a
<br />change in ownership of more than five percent
<br />of shares.
<br />Section 15-455, APPLICATION.
<br />Subdlvisic:m 1. Contents: A license applicant
<br />must complete an application form provided by
<br />the chief of police. The application must be in
<br />a form and request information of the applicant
<br />as determined by the chief of pOlice.
<br />Subdivision 2. Execution: lithe applicant is
<br />a natural person, the application must be sign-
<br />ed and sworn by the person; if a corporation,
<br />by an agent authorizedlo sign; if a partnership,
<br />by a partner.
<br />Subdivision 3. Fees: The application must
<br />be accompanied by the required license fee
<br />and the established fee for investigation. The
<br />annual license fee, but not the investigation fee,
<br />will be reiurned to the applicant if the applica-
<br />tion is rejected or denied.
<br />Subdivision 4. False Statements: It is
<br />unlawful to knowingly make a false statement
<br />in the license application. In addition to ali other
<br />penalties, the license may be subsequently
<br />revoked by the city council for violation of this
<br />section.
<br />Section 15-456, BOND. A pawnbroker or
<br />secondhand goods- dealer license will not be
<br />issued unless the applicant files with the city
<br />clerk a bond with corporate surety, cash, o.r a
<br />United States government bond in the amount
<br />of $5,000 for a pawnbroker license or $5,000
<br />for a secondhand goods dealer license. The
<br />bond must be conditioned on the licensee obey-
<br />Irlg the laws and ordinances governing the
<br />licensed business and paying all fees, taxes.
<br />penalties and other charge~asscciated with the
<br />business. The bbnd must proviqe that it is
<br />forfeited to the city upon violation of law or
<br />ordinance.
<br />
<br />e. A person wno Ine CIlYcounGII'Ut:Utirrfmlt:llo:f
<br />not to be of sufficient good moral character or
<br />repute;
<br />I. If the city council determines, after in-
<br />vestigation and public hearing, that the is-
<br />suance of or the renewal of the license would
<br />adversely affect public health, safety orWl\llfare.
<br />Seetion 15-462, PLACeS INELIGIBLE FOR
<br />LICENSES, A license will not be issued or
<br />renewed under this section for any placa or for
<br />any business: . ,
<br />a. If taxes, assessments or other financial
<br />claims of the city or the State of Minnesota on
<br />the licensee's business premise are delinquent
<br />and unpaid;
<br />b. If the premise is located within 300 feet
<br />of a school or church;
<br />c. Where operation of a licensed premise
<br />would violate zoning ordinances or;
<br />d. Where the applicant's present license
<br />was issued conditioned upon the applicant
<br />making specified i(l1provements to the licens-
<br />ed premise or the property of the licensed
<br />premise which improvements have not been
<br />completed.
<br />Section 15-463. LICENSE LIMITATIONS. A
<br />license will be. issued to the applicant only and
<br />only for the business premises as described in
<br />the application. The license is effective only for
<br />the premise speCified in the approved license
<br />application.
<br />Section 15-464. TERMS; EXPIRATION;
<br />PRO RATA FEE. The license is issued for a
<br />period of one (1) year beginning on January 1
<br />except that if the application is made during the
<br />license year. a license may be issued for the
<br />remainder of the license year for a monthly pro
<br />rata fee. The unexpired fraction of a month will
<br />be counted as a complete month. The license
<br />expires on December 31.
<br />SectIon 15-465. LICENSE REFUND. The
<br />city council may, in its Judgement, refund a pro
<br />rata share of the licen$e to the licensee or the
<br />licensee's e$tate If:
<br />a, The business ceases to operate because
<br />of destruction or damage;
<br />b. The licensee dies;
<br />c. The business ceases to be lawful for a
<br />
<br />reasonl.Dther .than license revocation;
<br />d. The licensee ceases to operate licensed
<br />businelj8< under the licen$8. .
<br />Secti9nt5-:466. DEATH OF A LICENSEE.
<br />In the case of the death of a licensee, the per"
<br />sonal r"I'!~.!i.~9~~!ive of the. licensee may con-.
<br />tinue ojil\'lPafiOn of the bUSiness for not more
<br />than 90 days after the licensee's death.
<br />Section tp-467, RECORDS. A Iicen$ed
<br />secondll,and goods dealer and pawnbroker ,at
<br />the time of receipt 01 an item, must immediate-
<br />ly record, in ink or other indelible medium, in
<br />the English language, in a book or word pro-
<br />cessing unit. the following information:
<br />a. An accurate description of the Item in-
<br />cluding, but not limited to, any trademark, iden-
<br />tification number, serial number, model
<br />number, brand name and/or other identifying
<br />mark(s) on such item;
<br />b_ The purchase price;
<br />c. Date. time and place of receipt;
<br />d. Name, address, phone number and date
<br />of birth of the person from whom the item was
<br />received;
<br />e. The identification number from any of the
<br />following forms of identification of. the seller;
<br />(1) Valid picture driver's license;
<br />(2) Official state photo identification.
<br />passport or military 1.0.
<br />I. The books, as well as the goods received,
<br />must be open for inspection by the police-
<br />department during business hour$. The records
<br />required by this subsection must be stored and
<br />maintained by the licensee for a period of at
<br />least three (3) years.
<br />section 15-468. DAilY REPOATS. For the
<br />following Items, regardless of resale prlce,a
<br />secondhand goods dealer or pawnbroker. must
<br />make out on forms approved by the police
<br />department, and send daily by mail or courier
<br />to the police department. a legible description
<br />of the goods received during the preceding day,
<br />together with the time received and adescrip-
<br />tion of the individual from whom th.e goods were
<br />received.
<br />
<br />Sectlon15-476, liCE N SEDENI Al,
<br />SuSPENSllON OR REVOCATION. AHcense
<br />under ihiss~ion maybedenied,suspended
<br />or revoked !lythe pity,council,afterapYbllC
<br />hearing ~h~rl[;lthelicensee i.sgranted thCilOP-
<br />portunity lObe heard, for one or more at the
<br />f()lIC1wing rea$ons: ...... . '."..
<br />Ii.. TfleoperatlQn of tile businessJs.incon-
<br />llict. with any provision ()i, this ordinance; ".,
<br />t), The operatiOn of the business Is irlcon,
<br />.fllct withaJ:lyhealth, . bul1ding,maintem~nce,
<br />_zonjng, or other provision of this Qrdinanpeor
<br />law; ,'. .' i. .i.,....i,..
<br />. c~ The licensee or the business premise fails
<br />to conform with the standardS for liCense ap-
<br />plication contained in. thi.s section;
<br />d. The licensee has failed to complywith one
<br />or more provisions of this section or ilny statute,
<br />rule,or ordinance pertaining to the business of
<br />pawnbroker or secondhand goods dealer;
<br />El' Fraud" misrepresentation or .briberyjn
<br />secoring a IiCl:!nse; . .
<br />.~t Fraud,- mi'srepresentation-orfalse
<br />sta(~ments made .in the courseoftheap~li-
<br />ca"rs business;
<br />g.' Subject to the provision$.of,law,the
<br />licensee has Iileen convicted of.allY statl:! or
<br />federal law relating to receiving stolen,proper,
<br />t5o, sale of stolen property or cOlltrolled
<br />substances, burglary, robbery,,theft, damage
<br />or tr6spass to property, operatlonofa business,
<br />. or allY law or ordinance. regulating the byainess
<br />of pawnbroker or secondhand gOOds dealer.
<br />Seetlon 1~77, -REDEMPTION. A person
<br />who pawns an ~em shall have at leastt20 days
<br />to I8deem tile .item before it may be sold,
<br />Section 15-478. PAYMENTS BY CHECK.
<br />When a secondhand.. goods ,dealer. or
<br />pawnbroker makes payment for an item pledg-
<br />ed or received at the license place of business,
<br />payment must be made by cheek"made
<br />payable to the named payee, who is actually
<br />the intended seller.
<br />.Seetion 15-479. . INSPECTIONS. Any peace
<br />officer or a pr9perly designated employee of the
<br />city or the state of. Minnesota mayenter,.iTjspect
<br />and search business premis_es Iic_ensedunder
<br />
<br />this section, during normal Dusmess hours.
<br />without a warrant. .
<br />Sectlon.15-480; COUNTY LICENSE.
<br />Secondh.anclgoods dealers and pawnbrOkers
<br />dealing in precious metals and gems must. be
<br />licensed by Ramsey County in addition to the
<br />city license.
<br />. SeCtion 15-481 , SEVERABILITY. If any part
<br />of this ordinance shall be adjudged to be invalid
<br />by a court of competent jurisdiction,sucll judg-
<br />ment or decree shall not affect or impair the re-
<br />mainder of this ordinance.
<br />-Seetlon 15-482: PENALTIES. Any person
<br />-violating. any provision olthis ordinance shall
<br />be guilty of a misdemeanor, and upon Convic-
<br />tion thereof, shall be !)unished by a fine of not
<br />more than seven hundred dollars ($70()) and
<br />imprisonment for not more .than .90 days, or
<br />both, together with the Cost of prosecution.
<br />This ordinance shall take effect on the day
<br />following its publication. Adopted this 27th day
<br />Of April, 1993.
<br />
<br />Robert Benke, . Mayor
<br />David Childs, City Manager
<br />ATTEST: Margaret Eagan ...,
<br />Finance DIrector/CIty Clerk
<br />(SEAL)
<br />(Bulletin: May 12,1993)
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