1991-01BILL NO. 1991-1
AMENDMENT TO CHAPTER XI
OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter XI of the Ordinance Code of the City of Richfield entitled
"Business and Trade Regulations" is hereby amended by adding the following new
section.
Section 1186.00 - Pawnbrokers and secondhand aoods dealers.
1186.01. Definitions. For purposes of this section the terms defined in
this subsection have the meanings given them.
1. "Pawnbroker" means a person who loans money on deposit or
gledae of personal property, or other valuable thing, or who deals in
the purchasing of personal property or other valuable thing on
condition of selling the same back again at a stipulated price, or
who loans money secured by chattel mortgage on personal property,
taking possession of the property or any part thereof so mortgaged.
2. "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.
1186.03. Exemptions. Subdivision 1. This section does not apply to or
include the following:
(a) the sale of secondhand aoods where all of the following conditions
are present•
(1) the sale is held on property principally occupied as a dwelling
by the seller, or owned, rented or leased by a charitable or political
organization;
(2) the items offered for sale are owned by the occupant;
(3) the sale is not held for more than 4 days in any 7 day period;
(4) not more than three sales are held either by the same person or
on the same property in any twelve month period; and
(5) none of the items offered for sale have been purchased for resale
or received on consignment for the purchase of resale.
(b) sales of motor vehicles by a person licensed under Section 1155 as an
auto dealer:
(c) Secondhand aoods dealers that do not receive or sell any of the
following•
(1) items with a serial number, "operation identification" svmb4l or
number, or other identification number;
(2) cameras:
Bill No. 1991-1
• Page 2
(-'~ (3S electronic equipment, including but not limited to audio
equipment, video equipment, computers and computer related equipment;
(4) precious iewelrv or gems, and precious metals (including precious
scrap metalsl;
(51 artist-sinned or artist-attributed works of art;
(6) guns;-
(d1 the sale of goods at an auction held by a licensed auctioneer;
(el the business of buving or selling only those secondhand goods taken
as part or full pavment for new goods, and where such business is incidental
to and not the primarv business;
(f1 a bulk sale of property from a merchant, manufacturer or wholesaler
having an established place of business or of goods sold at open sale from
bankrupt stock;
(al sales made by public officials in discharge of their official duties;
or
(hl sales made by assignees or receivers appointed in this state to make
sales for the benefit of creditors.
(i) precious metals transactions listed in state statute section
325F.732, subd. 2.
1186.05. License Required. Subdivision 1. Secondhand Goods Dealer. No
person may enaaae in the business of secondhand goods dealer without first
obtaining a secondhand goods dealer license.
Subd. 2. Pawnbroker. No person may conduct, operate or enaaae in the
business of pawnbroker without having first obtained a license.
Subd. 3. Separate Licenses Required. A pawnbroker may not conduct.
operate or enaaae in the business of secondhand goods dealer without having
obtained a secondhand goods dealer license in addition to a pawnbroker
license. A secondhand goods dealer may not conduct operate or engage in the
business of pawnbroker without having obtained a pawnbroker license in
addition to a secondhand goods dealer license.
1186.07. License Fee. Subdivision 1. Secondhand goods. The annual
license fee for a secondhand goods dealer is set by appendix D.
Subd. 2. Pawnbroker. The annual license fee for pawnbroker is set by
appendix D.
1186.09. Bond. A pawnbroker or secondhand goods dealer license will not be
issued unless the applicant files, with the City Clerk a bond with corporate
and shall be conditioned as follows:
(al 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
Bill No. 1991-1
• Page 3
1186 11 Investigations. Subdivision 1. Prior to the granting of an
initial or renewed pawnbroker or secondhand aoods dealer license the
Department of Public Safety must conduct a background and financial
investigation of the applicant Anv 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 Citv Council.
to testify at the hearing. The public hearing must be preceded by at least
ten days' published notice specifying the location of the proposed licensed
' business premises.
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 City Clerk.
1186.17. Persons Ineligible for License. Subdivision 1. A pawnbroker 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;.
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 Citv Council determines not to be of sufficient
good moral character and repute.
Subd. 2. A pawnbroker or secondhand aoods dealer license will not__be
issued to any partnership or corporation if such applicant has a partner,
managing partner, manager, proprietor, or anent who do not meet the standards
set forth in Subd. 1. (a)-(e) of this section.
1186.19. License Denial, Suspension or Revocation. A license under this
Section may be denied, suspended or revoked by the Council, after an
investigation and public hearing where the licensee is granted the opportunity
to be heard, for one or more of the following reasons:
(a) the operating of the business is in conflict with any provision of
this Code;
(b) the operation of the business is in conflict with any health, fire,
building, building maintenance, zoning, or any other applicable Codes or laws;
(c) the applicant, licensee or the business premises fails to conform
with the standards for license application contained in this section;
Subd. 2. Investigation Fee. The fee charged by the Citv Clerk to an
~~licant for the costs of investigation is set by appendix D._
Bill No. 1991-1
' Page 4
d) the applicant or licensee has failed_to comply with one or more
~ grovisions of this Section or any statute, rule or ordinance pertaining to the
businesses of pawnbroker or secondhand goods dealer;
(e) fraud, misrepresentation or bribery in securing a license;_
(f) fraud, misrepresentation or false statements made in the course of
the applicant's business;
(a1 the applicant or licensee 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..
(h) issuance or renewal of the license would adversely affect public
health, safety or welfare.
application.
1186.23. Records. Subdivision 1. A licensed secondhand Goods dealer and
pawnbroker, at the time of receipt of an item, must immediately record the
following information:
(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 of 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.
Subd. 2. The books as well as the goods received must be open for
inspection by the police department at reasonable times. Records required by
this subsection must be stored and maintained by the licensee for a period of
at least three years.
1186.25. Daily Reports. Subdivision 1. For the following items,
regardless of resale price, a secondhand goods dealer or pawnbroker must
complete report forms and send the forms on demand to the Department of Public
Safety
(£~) items with a serial number. "operation identification" symbol or
number, or other identification number;
(b) cameras;
(c) electronic equipment, including but not limited to audio equipment,
video equipment, computers and computer related equipment;
Bill No. 1991-1
' ~ • Page 5
~.
(d) precious iewelrv or Gems, and precious metals, (including precious
scrap metals);
(e) artist-signed or artist-attributed works of art;
(f) nuns: and
(a) items not included in the above, except furniture and kitchen or
laundry appliances which the secondhand goods dealer intends to sell for more
than S200.
Subd. 2 The report form design must be approved by the Department of
Public Safety and must contain the all of the information required in section
1186.23. subd. 1.(a)-(e).
a 1186.27. Stolen Goods. A licensed pawnbroker or secondhand goods dealer
must report to the police any article pledged or received, or sought to be
pledged or received, if the licensee has reason to believe that the article
was stolen or lost.
1186.29. Holding. An item received by a secondhand Goods dealer or
pawnbroker for which a report to the police is required, may not be sold or
otherwise transferred or, in the case of iewelry and precious metals, melted
down or dismantled for a period of 12 days after the date of such report to
the police. However, an individual may redeem an item pawned 72 hours after
the item was received on deposit, excluding Sundays and legal holidays.
_. 1186.31. Receipt. Subdivision 1. A licensed secondhand goods dealer or
pawnbroker 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.
1186.33. Redemption Period. A person who pawns an item shall have at least
60 days to redeem the item before it is sold..
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.
1186.37. Prohibited Acts. Subdivision 1. Minimum Aae. 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
or pawnbroker may not purchase or receive goods from a person under 21 years
of age.
Subd. 2. Others. A secondhand goods dealer or pawnbroker may not
receive any Goods from a person of unsound mind or an intoxicated person.
Subd. 3. Identification. A secondhand goods dealer or pawnbroker may_
not receive goods, unless the seller presents identification in the form of a
valid picture driver's license or official state photo identification.
1186.39. Inspections. Anv person licensed under the provisions of this
chapter shall, at all times during the term of said license, allow the
inspector or officers of the Richfield Department of Public Safety to enter
_ ,, Bill No. 1991-1
Page 6
% ~' the premises where said licensee is carrvina on such business. for the purpose
~ of inspecting such premises and inspecting the goods, wares and merchandise
therein for the purpose of locating goods suspected or alleged to have been
stolen or otherwise improcerly disposed of.
Passed by the City Council of the City of Richfield, Minnesota, this 28th
day of January, 1991.
/~ ~,
_! / ,
~/1 1 //,.~ t;.
Martin J. K' sch, Mayor
ATTEST:
~~ ~~_
~ ~n~r3`_hZGG~7
Thomas P. Ferber, City Clerk
1
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1
Minnesota Suburban Newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
SS.
Gre~orv Ptacin
being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
stated below.
R i c h f i e I d Sun -Current ,and has full knowledge of the facts which are
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed
Bill No. 1991-1
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for one successive weeks; it was first published on Wednesday ,the 6 day
of Fe b r u a r Y, 19 91 ,and was thereafter printed and published on every
t0
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 being the size
and kind of type used in the composition and publication of the notice:
~, ~ .
abcde£ghijklmnopgrstuvwxgti _~ i°;%
~ ~
BY: , .
~I
TITLE: Gene ra I Manage r
Acknowledged before me on this
6 day of F bruarv fig 91 .
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°'u.~,. iN°:` G(:ie.;Xe:.~•iu".": *-ki-"t~i4•^s 7-2-9?
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 1.10 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 64.9¢ per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 596 per line
(Line, word, or inch rate)
City of Richfield
(Official Publication)
BILL NO. 1991-1
AMENDMENT TO CHAPTER XI
OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter XI of the Ordinance Code of the City of Richfield entitled "Business and Trade Regula-
tions" is hereby amended by adding the following new section.
Section 1186.00 -Pawnbrokers and secondhand goods dealers.
ll86.01. Definitions. For purposes of this section the terms defined in this subsection have the mean-
ings given them.
1. "Pawnbroker" means a person who loans money on deposit or pledge of personal property,
or other valuable thing, or who deals in the purchasing of personal property or other valuable
thing on condition of selling the same back again at a stipulated price, or who loans money secured
by chattel mortgage on personal property, taking possession of the property or any part thereof
so mortgaged.
2. "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.
1186.03. Exemptions. Subdivision 1. This section does not apply to or include the following:
(a) the sale of secondhand goods where all of the Following conditions are present:
(1) the sale is held on property principally occupied as a dwelling by the seller, or owned,
rented or leased by a charitable or poetical organization;
(2) the items offered for sale are owned by the occupant;
(3) the sale is not held for more than 4 days m any 7 day period;
i4) not more than three sales are held either by the same person or on the same property
in any twelve month period; and
(5) none of the items offered for sale have been purchased for resale or received on consign-
ment for the purchase of resale.
(b) sales of motor vehicles by a person licensed under Section 1155 as an auto dealer:
(c) Secondhand goods dealers that do not receive or sell any of the following:
(1) items with a serial number, `operation identification" symbol or number, or other iden-
tification number;
('L) cameras;
(3) electronic equipment, including but not limited to audio equipment, video equipment, com-
puters and computer related equipment;
(4) precious jewelry or gems, and precious metals (including precious scrap metals);
(5) artis6signed or artisbattributed works of art;
(6) guns;
(d) the sale of goods at an auction held by a licensed auctioneer;
(e) the business of buying or selling only those secondhand goods taken as part or full pay-
ment for new goods, and where such business is incidental to and not the primary business;
(f) a bulk sale of property from a merchant, manufacturer or wholesaler having an established
place of business or of goads sold at open sale from bankrupt stock;
(g) sales made by public officials in discharge of their official duties; or
(h) sales made by assignees or receivers apyointed in this stateZo make sales for the benefit
of creditors.
(i) precious metals transactions listed in suite statute section 3258732, subd. `L.
1186.05. License Required. Subdivision 1. Secondhand Goods Dealer. No person may engage in the
business of secondhand goods dealer without first obtaining a secondhand goods dealer license.
Subd. 'L. Pawnbroker. No person may conduct. operate or engage in the business of pawnbroker
without having first obtained a ecense.
Subd. 3. Separate Licenses Required. A pawnbroker may not conduct, operate or engage in the
business of secondhand goods dealer without having obtained a secondhand goods dealer license
in addition b a pawnbroker license. A secondhand goods dealer may not conduct, operate or engage
in the business of pawnbroker without having obW fined a pawnbroker license in addition to a second-
hand goods dealer license.
1186.07. License Fee. Subdivision 1. Secondhand goods. The annual license fee for a secondhand
goods dealer is set by appendix D.
Subd. 'L. Pawnbroker. The annual license fee for pawnbroker is set by appendix D.
tt86.09. Bond. A pawnbroker or secondhand goofs dealer license will not be issued unless the ap-
plicant files, with the City Clerk, a bond with corporate surety in the amount of 1,500 dollars. The
surety bond shall be approved by the city atton~ey as to form and execution and deposited with
the city clerk. The bond shall be kept in full force and effect throughout the license period and
shall be conditioned as follows:
(a) the licensee shall obey the laws relating to the licensed business;
(b) the ecensee shall pay to the city, when, due all taxes, ecense 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.
1186.11. Investigations. Subdivision 1. Prior to the granting of an initial or renewed pawnbroker
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. Investigation Fee. The fee charged b~ the City Clerk to an applicant for the costs of
investigation is set by appendix D.
1186.13. Public Hearing. A pawnbroker or secom~hand goods dealer license will not be issued or
renewed without a public hearing. Any person Having an interest in or who will be affected by
the proposed ecense will be permitted to testify at the hearing. The pubec hearing must be preceded
by at least ten days' published notice specifying the location of the proposed licensed business
premises.
1186.15 Granting of License. After review of the Ifrense application, investigation report and public
hearing, 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 pawnbroker or secondhand goods dealer license. A
license will not be effective unless the appication fee and bond have been fled with the City Clerk.
1186.17. Persons Ineligible for License. Subdivision 1. A pawnbroker 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 o[ any state or federal law relating to receiving stolen
property, sate 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 second-
hand 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 pawnbroker or secondhand goods dealer license will not be issued to any partnership
or corporation if such applicant has a partner, managing partner, manager, proprietor, or agent
who do not meet the standards set forth in Subd. 1. (a)-(e) of this section.
118fi.19. License Denial, Suspension or Revocation. A license under this Section may be denied,
suspended or revoked by the Council, after an investigation and pubec hearing where the ecensee
is grouted the opportunity to be heard, for one or more of the following reasons:
(a) the operating of the business is in conFlict~ with any provision of this Code;
(b) the operation of the business is in conflict with any health, fire, building, building
maintenance, zoning, or any other applicable Codes or laws;
(c) the appecant, licensee or the business premises fails to conform with the standards for ecense
application contained in this section;
(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 pawnbroker or secondhand goods
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