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2004-14 --- BILL NO. 2004-14 AN ORDINANCE RELATING TO PAWNBROKERS AND SECONDHAND GOODS DEALERS; REMOVING OBSOLETE PAWNBROKER REGULATIONS FROM THE SECONDHAND GOODS DEALER REGULATIONS; EXEMPTING CERTAIN SALES FROM SECONDHAND GOODS DEALER LICENSE REQUIREMENTS; ASSIGNING ADMINISTRATIVE DUTIES TO THE PUBLIC SAFETY DIRECTOR; MAKING APPLICATION FEES NONREFUNDABLE; ELIMINATING THE PUBLIC HEARING REQUIREMENT ON SECONDHAND GOODS DEALER LICENSES; REQURING AUTOMATED REPORTING FOR SECONDHAND GOODS DEALER TRANSACTIONS; AMENDING SUBSECTIONS 1186.01, 1186.03,1186.05,1186.07,1186.09,1186.11, 1186.15, 1186.17, 186.19, 1186.21,1186.23, 1186.25, 1186.27, 1186.29, 1186.31, 1186.35AND 1186.37 OF THE RICHFIELD CITY CODE; REPEALING SUBSECTIONS 1186.13 AND 1186.33 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: -, Section 1. The section heading for Section 1186 of the Richfield City Code is amended to read as follows: Section 1186 - Pa\....nbrokers and Ssecondhand qoods dealers Sec. 2. Subsection 1186.01 is amended to read as follows: 1186.01. Definitions. For purposes of this section the terms defined in this subsection have the meanings given them. 1. "Pa'.~mbroker" means a person 'Nho loans money on deposit or pledge of personal property, or other valuable thing, or ':,'ho deals in the purchasing of personal property or other '/aluable thing on condition of selling the same back again at a stipulated price, or 'Nho loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. 6.1. "Secondhand goods dealer" means a person engaged in the business of selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. ...-, Sec. 3. Subsection 1186.03, subdivision 1 of the Richfield City Code is amended by adding a new clause 0) as follows: (j) Any reportable transactions ooverned. by section 1187 of this code and made by a licensed pawnbroker. Sec. 4. Subsection 1186.05, subdivision 2 of the Richfield City Code is repealted in its entirety. amended to read as follows: Sec. 5. Subsection 1186.07 of the Richfield City Code is amended by repealing subdivision 2 of that subsection. Sec. 6. Subsection 1186.09 of the Richfield City Code is amended to read as follows: 1186.09. Bond. A pa'Nnbroker or secondhand goods dealer license will not be issued unless the applicant files, with the director or public safety or their desionee city clerk, a bond with corporate surety in the amount of $1,500. The surety bond shall be approved by the city attorney as to form and execution and deposited with the director of public safety or their desionee city clerk. The bond shall be kept in full force and irLeffect throughout the license period and shall be conditioned as follows: ., (a) the licensee shall obey the laws relating to the licensed business; (b) the licensee shall pay to the city, when due, all taxes, license fees, penalties and other charges provided by law; and (c) in the event of violation of any law relating to the business for which the license has been granted, the bond shall be forfeited to the city. Sec. 7. Subsection 1186.11 of the Richfield City Code is amended to read as follows: 1186.11. Investioations. Subdivision 1. Prior to the granting of an initial or renewed p::l'tmbroker or secondhand goods dealer license the Department of Public Safety must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The investigation shall be conducted by the Department of Public Safety and the results reported to the city council. Subd. 2. Backaround Investioation fee. The fee charged by the director of public safety or their desionee city clerk to an applicant for the costs of investigation is set by appendix D and is not refundable. Sec. 8. Section 1186 of the Richfield City Code is amended by repealing subsection 1186.13 in its entirety. ,....--..., :( '.,:">,'';'.- Sec. 9. Subsection 1186.15 of the Richfield City Code is amended to read as follows: 1186.15. Grantinq of license. After review of the license application, and backqround investigation report and public hoaring, the city council may grant or refuse, for one or more of the reasons set forth in section 1186.19, the application for a new or renewed pa'lmbroker or secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the director of public safety or their desiqnee. city clerk. Sec. 10. Subsection 1186.17 of the Richfield City Code is amended to read as follows: 1186.17. Persons ineliqible for license. Subdivision 1. A p3'Nnbroker or secondhand goods dealer license will not be issued to: (a) a person not a citizen of the United States or a resident alien; (b) a person under 21 years of age; .-, (c) a person who has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer; (d) a person who within five years of the license application date had a pawnbroker or secondhand goods dealer license revoked; (e) a person whom the city council determines not to be of sufficient good moral character and repute. Subd. 2. A pavmbroker or secondhand goods dealer license will not be issued to any partnership or corporation if such applicant had a partner, managing partner, manager, proprietor, or agent who do not meet the standards set forth in subd. 1. (a)-(e) of this section. Sec. 11. Subsection 1186.19, clause (d) of the Richfield City Code is amended to read as follows: (d) the applicant or licensee has failed to comply with one or more provisions of this section or any statute, rule or ordinance pertaining to the businesses of p3'lmbroker or secondhand goods dealer; ,-, Sec. 12. Subsection 1186.21 of the Richfield City Code is amended to read as follows: 1186.21. License limitations. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise.s speyified in the approved license application. Sec. 13. Subsection 1186.23, subdivision 1 of the Richfield City Code is amended to read as follows: 1186.23. Records. Subdivision 1. A licensed secondhand goods dealer aOO p3'J.'nbroker, at the time of receipt of an item, must immediately record the following information, usinq the APSreportinq system: (a) an accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (b) the purchase price; (c) date, time and place ()f receipt; (d) name, address, phone number and date of birth of the person from whom the item was received; (e) the identification number from any of the following forms of identification of the seller: (1) valid picture driver's license; (2) official state picture identification. (f) an original signature (not a copy) of the person from whom the item was received. Sec. 14. Subsection 1186.25, subdivision 1 of the Richfield City Code is amended to read as follows: 1186.25. Daily reports. Subdivision 1. For the following items, regardless of resale price, a secondhand goods dealer or p3wnbroker must complete the APS reportinq system report forms 3nd send the forms on dem3nd to the Department of Public Safety: (a) items with a serial number, "operation identification" symbol or number, or other identification number; (b) cameras; ~-T ----. (c) electronic equipment, including but not limited to audio equipment, video equipment, computers and computer related equipment; (d) precious jewelry or gems, and precious metals, (including precious scrap metals); (e) artist-signed or artist-attributed works of art; (f) guns; and (g) items not included in the above, except furniture and kitchen or laundry appliances, which the secondhand goods dealer intends to sell for more than $200. Sec. 15. Subsection 1186.27 of the Richfield City Code is amended to read as follows: 1186.27. Stolen Qoods. A licensed p3wnbroker or secondhand goods dealer must report to the police any article pledged or received, or sought to be pledged Gf received, if the licensee has reason to believe that the article was stolen or lost. -- Sec. 16. Subsection 1186.29 of the Richfield City Code is amended to read as follows: 1186.29. HoldinQ. An item received by a secondhand goods dealer Gf pawnbroker, for which a report to the police is required, may not be sold or otherwise transferred or, in the case of jewelry and precious metals, melted down or dismantled for a period of 30 4&-days after the date of such report to the police. HO'.ve'ler, 3n individual may redeem an item p3'Nned 72 hours 3fter the item W3S received on deposit, excluding Sundays and leg31 holidays. Sec. 17. Subsection 1186.31 of the Richfield City Code is amended to read as follows: 1186.31. Receipt. Subdivision 1. A licensed secondhand goods dealer Gf pa\Nnbroker must provide a receipt to the seller or consignor of any items which includes: (a) the address and phone number of the licensee's business; (b) the date; - (c) a description of the item purchased; and (d) the purchaser's signature. '~ Sec. 18. Section 1186 of the Richfield City Code is amended by repealing subsection 1186.33 in its entirety. Sec. 19. Subsection 1186.35 of the Richfield City Code is amended to read as follows: 1186.35. Police orders. If a police officer notifies a dealer not to sell an item, the item may not be sold, redeemed, or removed from the licensed premises until authorized to be released by the Richfield Department of Public Safety. Sec. 20. Subsection 1186.37 of the Richfield City Cod~ is amended to read as follows: 1186.37. Prohibited acts. Subdivision 1. Minimum aqe. A person under the age of 21 years may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer Sf p~wnbroker may not purchase or receive goods from a person under 21 years of age. Subd.2. Others. A secondhand goods dealer or pa'Nnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subd. 3. Identification. A secondhand goods dealer or pa'.'I.'nbroker may not receive goods, unless the seller presents identification in the form of a valid picture driver's Iicens~ or official state photo identification. Sec. 21. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this 14th day of December, 2004. fl7~~ I~'A ,A Martin J. Ki , Mayor ATTEST: CI --- ,~ \ D',(W5papers I AFFIDAVIT OF PUBLICATION \ \ STATE OF MINNESOTA) ss. ", COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applic- able laws, as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for ~ successive week(s); it was first published on Thursday, the ~ day of December ,2004, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: ~ \ ~ CFO . Subscribed and sworn to or affirmed before me on this 23rd day of December, 2004. jJz~~~ Notary Public . MARY ANN CARLSON NOTARY PUBLIC - MINNESOTA MY COMMlSSION EXPIRES 1-31-09 RATE INFORMATION , (1) Lowest classified rate paid by commercial users \ for comparable space .II -' 'I (2) Maximum rate allowed by law ) $ 2.85 per line $ 6.20 per line (3) Rate actually charged $ 1 .30 oer line nU.ij -j1 .~ ."'.: . _0"'0'7,." .w;~~;ri3~~~~~fi~~~~~~~~:a~~rs~arit li~'T.heP\l1"POse!,f~ ordiMnce is 00 obtmii lUl ual . . ~~tQ e.ngage}!:1 th!,busm.essofsecondlllwl g aI- e\'ll, ~tal;)li$l1es bcenslllgpl'OCelluriiSlliid'PioVia . '. '_ cens~fee. I~1~8,~ l1.ew seCtion U87~e:u.1ished tQ'I'e~,atei;';ri~'nhro,~ers.an~octlil>ailC&anr '. <1m .....,.. W.StrlklljW1thin section1l86"iill'%fe1il .'., en ~~",,' .kers as'it is addre$s'i.~ m" ,"th' . ., . c.. .filcesw.pawnpro_". , '. . . ............i ..r ....enewe..~eCtIOlin87. .c" : .coPI.esofihe ordinan:;,e e 'iillb{r,>>:. sj),estio,ll.itiJ;li.eJ'ubIic SafetYDep.~nted?r.~ukliclil-. busmessJipui-soru........ ......- 'mmg,nol'lllal (612)86119881. . po,n reqllestby calIi!:1g,Bets.Y ()sool"ilat ',. ~',..'.. 0 M' b-dO~tedthi"'~Y t~e~city.ciQ~~CU_ofth;dt~oi1ti~imeld,.. mn~soa s14th dayofDecemoor; 2004; .' .... Is! .... .......N.lUlcy Gib~s,CitYClerk (D~;~3,2~04)a2J2004-14' .." .... . .