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1998-04BILL NO. 1998-4 AN ORDINANCE REGULATING PAWNBROKER ESTABLISHMENTS; REQUIRING A LICENSE; ESTABLISHING REPORTING REQUIREMENTS; AMENDING THE CITY CODE BY ADDING A NEW SECTION 1187; SUPERSEDING PAWNBROKER REGULATIONS IN SECTION 1186 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The Richfield City Code is amended by adding a new section as follows: Section 1187 -Pawnbrokers Purpose. The city council finds that because pawn businesses have the ability to receive and transfer property easily and quickly, criminals often attempt to use pawn services to conceal their crimes and to dispose of stolen property. The city council further finds that the pawn industry has outgrown the city's current ability to effectively or efficiently identify criminal activity related to pawn shops. The city council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The purpose of this chapter is to prevent pawn businesses from being used as facilities for the commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city. To help the public safety department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this chapter also implements and establishes the required use of the automated pawn system. 1187.03. Definitions. Subdivision 1. For purposes of this section, the terms defined in this subsection have the meanings given them. Subd. 2. Pawnbroker. The term "pawnbroker" means: (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (b) The following are exempt from the term "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of Bill No. 1998-4 -2- those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Minnesota department of commerce. To the extent that a pawnbroker's business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this section shat! be applicable. Subd. 3. Pawn transaction. "Pawn transaction" means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. The term "pawn transaction" includes the renewal, extension or redemption of a pawn transaction previously made. Subd. 4. Person. "Person" means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized. Subd. 5. Pledged goods. "Pledged goods" means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. Subd. 6. Reportable transaction. "Reportable transaction" means every pawn transaction, except: 1 (a) the bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record; and (b) retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. Subd. 7. Billable transaction. "Billable transaction" means every reportable transaction except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the pawnbroker's possession. 1187.05. License required. Subdivision 1. License required. No person shall engage in the business of pawnbroker at any location without a pawnbroker license for that location. No pawnbroker license may be transferred to a different location or a different person. Issuance of a license under this subsection shall not relieve the licensee from obtaining any other licenses required to conduct business at the same or any other locations. Bill No. 1998-4 -3- Subd. 2. Existing businesses. Existing pawnbroker establishments must apply for a license and pay the required fee within six months of adoption of this ordinance. In such cases, the annual license fee established by this ordinance will be prorated from the first day of the month in which application is made, and credit will be given for the unused portion of any pawnbroker license fee previously paid and covering the same time period. 1187.07. License fee. The annual license fee for a pawnbroker license is set by appendix D. The license fee must be paid at the time of application for the license. 1187.09. License term. All licenses shall expire on December 31st of the year in which the license is issued. Except as provided in 1187.05, subdivision 2, the annual license fee will not be prorated. 1187.11. Application. Subdivision 1. Application required. An application form provided by the department of public safety must be completed by every applicant for a new license or for renewal of an existing license. Every applicant must provide the information required by this subsection. Subd. 2. Individual applicants. If the applicant is an individual, the applicant must provide the following information: (a) The name, place and date of birth, street resident address, and phone number of the applicant; (b) Whether the applicant is a citizen of the United States or resident alien; (c) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places used; (d) The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01; (e) The street address at which the applicant has lived during the preceding five (5) years; (f) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years; (g) Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance; if so, the applicant must furnish information as to the time, place and offense of all such convictions; (h) The physical description of the applicant; (i) If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in paragraphs (a) through (h) of this subdivision. Bill No. 1998-4 -4- Subd. 3. Partnership applicant. If the applicant is a partnership, the applicant must provide the following information: (a) The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subdivision 2, paragraphs (a) through (h) of this subsection; (b) The name(s) of the managing partner(s) and the interest of each partner in the licensed business; (c) A true copy of the partnership agreement shall be submitted with the application; if the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate must be attached to the application; (d) A true copy of the federal and state tax returns for the partnership for the two (2) years prior to application; (e) If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in subdivision 2, paragraphs (a) through (h) of this subsection; Subd. 4. Corporate applicant. If the applicant is a corporation or other organization, the applicant must provide the following information: (a) The name of the corporation or business form, and if incorporated, the state of incorporation; (b) A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, and By-laws shall be attached to the application; if the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, must be attached; (c) The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subdivision 2, paragraphs (a) through (h) of this subsection; (d) A list of all persons who control or own an interest in excess of five (5) percent in such organization or business form or who are officers of the corporation or business form and all information concerning said persons required in subdivision 2, paragraphs (a) through (h) above. This paragraph (d) shall not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it. Subd. 5. All applicants. All applicants shall provide the following information: (a) Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit; LJI [] Bill No. 1998-4 -5- (b) Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer, or secondhand goods dealer license from any other governmental unit; (c) The location of the business premises; (d) ff the applicant does not own the business premises, a true and complete copy of the executed lease; (e) The legal description of the premises to be licensed; (f) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid; (g) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed; (h) Such other information as the city may require. Subd. 6. Application execution. All applications for a license under this subsection must be signed and sworn to under oath or affirmation by the applicant. If the application is that of a natural person, it must be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Subd. 7. Fee. The license application must be accompanied by the license and investigation fees required by subsections 1187.07 and 1187.13 of this code. 1187.13. License investigation. Subdivision 1. Background investigation. The public safety director of designee must investigate into the truthfulness of the statements set forth in the application and shall endorse the findings thereon. The applicant must furnish to the public safety director or their designee such evidence as the public safety director or their designee may reasonably require in support of the statements set forth in the application. Subd. 2. Investigation fee. An applicant must reimburse the city for its actual investigation, subject to the limitations in this subdivision. An applicant for a new license under this chapter, or for the renewal of an existing license that is more than six (6) months past due, shall deposit with the public safety department at the time an original application is submitted, an amount sufficient to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this subsection. The amount of the deposit shall be one thousand five hundred dollars ($1,500) for each person to be investigated. Upon completion of the investigation, the public safety department must either refund any remaining balance on deposit or submit an invoice for the actual costs incurred in excess of the deposit. The licensee shall pay any invoice for investigation fees within thirty (30) days. Failure to do so is a violation of this subsection. Bill No. 1998-4 -6- 1187.15. Employee Background Checks. Subdivision 1. New Manager. When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate application, on forms provided by the department of public safety, within fourteen (14) days. The application must include all appropriate information required in section 1187.11 concerning the new manager(s). Subd. 2. Other Employees. When a licensee hires an employee other than a manager, the licensee must complete and submit the appropriate application, on forms provided by the department of public safety, within fourteen (14) days after the employee is hired. The application must include all appropriate information required in section 1187.11, subdivision 2, paragraphs (a)-(c), (e), (g), and (h). Subd. 3. Investigation fee. The new manager application must be accompanied by a deposit equal to five hundred dollars ($500.00) for each new manager named in the application. The application for new employees other than managers must be accompanied by a deposit equal to fifty dollars ($50.00) for each new employee named in the application. The public safety director or designee shall conduct an investigation into the truthfulness of the application. Upon completion of the investigation, the public safety department must either refund any remaining balance on deposit or submit an invoice for the actual costs incurred in excess of the deposit. The licensee shall pay any invoice for investigation fees within thirty (30) days. Failure to do so is a violation of this subsection. 1187.17. Public hearing. A pawnbroker 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 license will be permitted 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. 1187.19. Persons ineligible for a license. No licenses under this section will be issued to an applicant who is a natural person, a partnership if such applicant has any general partner or managing partner, a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed, if the applicant: (a) Is a minor at the time that the application is filed; (b) Has been convicted of any crime directly related to the occupation license as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this section as prescribed by Minnesota Statutes, Section 364.03, Subd. 3; (c) A person whom the city council determines not to be of sufficient good moral character and repute; (d) A person not a citizen of the United States or a resident alien; (e) A person who within five years of the license application date had a pawnbroker license revoked; L~ ~] ,-- J Bill No. 1998-4 -7- (f) A pawnbroker license will not be issued to any partnership or corporation if such applicant has a partner, managing partner, manager, proprietor, or agent who does not meet the standards set forth in paragraphs (a) through (e) of this subsection. 1187.21. Bond required. Before a license will be issued, every applicant must submit a five thousand dollar ($5,000.00) bond on forms provided by the department of public safety. All bonds must be conditioned that the principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account far and deliver to any person legally entitled any goods which have come into the principal's hand through the principal's business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall contain a provision that no bond may be canceled except upon thirty (30) days written notice to the city, which shall be served upon the department of public safety. 1187.23. 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 operation 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 or licensee has failed to comply with one or more provisions of this section or~any statute, rule or ordinance pertaining to the business of pawnbroker; (d) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information; (e) The applicant has committed fraud, misrepresentation or bribery in securing or renewing a license; (f) The applicant has committed fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant's business; (g) 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; (h) Issuance or renewal of the license would adversely affect public health, safety or welfare; (i) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this section. Bill No. 1998-4 -8- 1187.25. Records required. Subdivision 1. Records of transactions. At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following information in a computerized record approved by the public safety director or designee: (a) A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item; (b) The purchase price, amount of money loaned upon, or pledged therefor; (c) The maturity date of the transaction; (d) The amount due, including monthly and annual interest rates and all pawn fees and charges; (e) Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records; (f) Full name, residence address, residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair; (g) The identification number and state of issue from any of the following forms of identification of the seller or pledger: (i) current valid Minnesota driver's license; (ii) current valid Minnesota identification card; or (iii) current valid photo identification card issued by another state or a province of Canada; (h) The signature of the person identified in the transaction. Subd. 2. Photographic records. The licensee must also take a color photograph or color video recording which meets acceptable video standards as established by the public safety director or designee of: (a) Each customer involved in a billable transaction; and, (b) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they reface. Such photographs must be available to the public safety director, or the director's designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. The licensee must keep the photographs on the premises available for inspection for ninety (90) days. Bill No. 1998-4 -9- If a video photograph is taken, the video camera must zoom in on the .person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape on the premises available for inspection for ninety (90) days. Subd. 3. Digital images. Licensees may fulfill the color photograph requirements in subdivision 2 of this subsection by generating them as digital images, in a format specified by the public safety department, electronically cross-referenced to the reportable transaction the images are associated with. The licensee must keep the digital images on the premises available for inspection for ninety (90) days. Notwithstanding that digital images may be captured from video recordings, this provision does not alter or amend the requirements in subdivision 2 of this subsection. Subd. 4. Records for renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction. Subd. 5. Inspection of records. The records must at all reasonable times be on the premises and available for inspection by the department of public safety. Data entries shall be retained for at least three (3) years from the date of transaction. Required photographs, video recordings, and digital images shall be retained a minimum of ninety (90) days. 1187.27. Daily reports to police. Subdivision 1. Modem re~ortinq. Effective sixty (60) days from the date of notification by the public safety director or designee, licensees must submit every reportable transaction to the public safety department daily by transferring it from their computer to the public safety department via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the public safety department using adial-callback protocol or other procedures that address security concerns of the licensees and the public safety department. Subd. 2. Electronic reporting problems. Licensees are required to report transactions by modem, except as otherwise allowed in this subdivision: (a) If a licensee is unable to successfully transfer the required reports by modem, the licensee must have on the premises and available for inspection by the public safety department printed copies of all reportable transactions that have not been reported by modem. (b) If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in section 1187.25, in a paper format approved by the director of public safety. Bill No. 1998-4 -10- (c) If a licensee is unable to capture, digitize or video record the photographs required in section 1187.25, the licensee must immediately take all required photographs with a still camera, immediately develop the pictures, cross-reference the photographs to the correct transaction. - (d) If the problem is determined to be in the licensee's system, the licensee shall take all reasonable steps to include the replacement of system components such as modems and other computer hardware and software, in order to return the electronic reporting system to operational condition as soon as possible. (e) Failure to report transactions electronically for a period of seven (7) or more consecutive days, due to a problem in the licensee's system constitutes grounds for license suspension or revocation. Subd. 3. Signage required. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the public safety department daily. 1187.29. Billable transaction license fees. Subdivision 1. Required fees. Every licensee shall pay a billable transaction license fee for each billable transaction handled by the licensee. The amount of the fee is set by appendix D and reflects the cost of processing transactions and other related regulatory expenses. The city council will review and adjust the fee amount, if necessary, at least every twelve (12) months. Licensees shall be notified in writing at least thirty (30) days before any adjustment is implemented. Subd. 2. Fee classification. The billable transaction license fee is classified according to the medium by which daily reports are submitted to the public safety department. These classifications are: modem and manual, and the fee for each classification is set by appendix D. Licensees will be charged for billable transactions at the current rate for the medium by which the transactions reported to the public safety department. Subd. 3. Monthly payment. Billable transaction license fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation of this subsection. 1187.31. Receipt required. Subdivision 1. Requirement. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. Subd. 2. Contents of receipt. The receipt must include at least the following information: (a) The name, address and telephone number of the licensed business; (b) The date and time the item was received by the licensee; Bill Na. 1998-4 -11- (c) Whether the item was pawned or sold, or the nature of the transaction; (d) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item; (e) The signature or unique identifier of the licensee or employee that conducted the transaction; (f) The amount advanced or paid; (g) The monthly and annual interest rates, including all pawn fees and charges; (h) The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold; (i) The amount necessary to redeem the pawned item on the maturity date; (j) The full name, residence address, residence telephone number, and date of birth of the pledger or seller; (k) The identification number and state or province of issue from any of the following forms of identification of the seller: (i) current valid Minnesota driver's license; (ii) current valid Minnesota identification card; or (iii} current valid photo driver's license or identification card issued by another state or a province of Canada. (I) Description of the pledger or seller including approximate height, weight, race, sex, color of eyes and color of hair; (m) The signature of the pledger or seller; (n) All printed statements as required by Minnesota Statute 325J.04 subdivision 2, or any other applicable statutes. 1187.33. Redemption period. Any person pledging, pawning or depositing an item for security must have a minimum of sixty (60) days from the date of that transaction to redeem the item before it may be forfeited and sold. During the sixty (60) day holding period, items may not be removed from the licensed location except as provided in section 1187.45. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the Public Safety Director or their designee. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction records in accordance with subsection 1187.25. 1187.35. Holding period. Any item purchased by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. An individual may redeem an item seventy-two (72) hours after the item was received on deposit, excluding Sundays and legal holidays. 1187.37.. Police order to hold property. Subdivision 1. Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will Bill No. 1998-4 -12- remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to subsection 1187.31 (b) whichever comes first. Subd. 2. Order to hold. Whenever the public safety director, or the director's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the director or the director's designee. The order to hold shall expire ninety (90) days from the date it is placed unless the public safety director or the director's designee determines the hold is still necessary and notifies the licensee in writing. Subd. 3. Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the director or director's designee may: (a) Physically confiscate and remove it from the pawnshop, pursuant to a written order from the director or the director's designee, or (b) Place the item on hold or extend the hold as provided in subdivision 2 of this subsection and leave the item in the pawnshop. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. Subd. 4. Release of order to hold/confiscate. When an order to hold/confiscate is no longer necessary, the director of public safety, or the director's designee shall so notify the licensee. 1187.39. Inspection of items. At all times during the terms of the license, the licensee must allow the public safety director or designee(s) to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in section 1187.45 during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws. 1187.41. Label reauired. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the pawnshop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the public safety department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. 1187.43. Prohibited acts. The following acts are prohibited: (a) No person under the age of twenty-one (21) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee Bill No. 1998-4 -13- receive any goods from a person under the age of twenty-one (21) years. (b) No licensee may receive any goods from a person of unsound mind or an intoxicated person. (c) No licensee may receive any goods, unless the seller presents identification in the form of a current valid Minnesota driver's license or identification card, or a current valid photo driver's license or identification card issued by the state or province of residency of the person from whom the item was received. (d) No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed. 1187.45. Business at only one place. A license under this section authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the public safety director or designee may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with section 1187.39. All provisions of this section regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the city code. The licensee must either own the building in which the business is conducted, and any approved off- site storage facility, or have a lease on the business premises which extends for more than six (6) months. 1187.47. Separability. Should any subsection, subdivision, paragraph, clause or other provision of this section be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the ordinance as a whole or any part other than the part so declared invalid. Relation to other ordinances. This ordinance supersedes those provisions of section 1186 of the Richfield City Code that pertain to pawnbrokers. Sec. 2. This ordinance shall be effective as provided in Richfield City Cade subsection 110.11. Adopted this 23rd day of March, 1998. ', `~ ~ ~ i ,~ ~_ ~ ~ ~ f Martin J. Kirs~h,'~~Mayor ATTEST: i ~' l Thomas P. Ferber, City Clerk V~, V PUBLICATIONS Sun•Current Sun•Post Sun•Saila ~TE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Doug Dance AFFIDAVIT OF PUBLICATION 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 S U n -Current ,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 Statute 331A.02, 331A.07, and other applicable laws, as amended. 1aa ~ - -T- (B) The printed R e s o l u t i o n N o. 8 5 6 5 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 Wednesday the 1 day of April , 19 9 8, and was reafter 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 being the size and kind of type used in the composition and publication of the notice: abcdefghij klmnopgrstuvwxyz City of Richfield (Official Publication) RESOLUTION NO. 8565 RESOLUTION AUTHORIZING PUBLICATION OF BILL NO. 1998-4 BY TITLE AND SUMMARY WHEREAS, the City Council o(' Che City of Richfield has adopted an ordinance, Bill No. 1998-4, which adds a new Section 1187 to the Richfield City Code; and WHEREAS, Section 3.12 of the Richfield City Charter provides for the publication of ordinances by title and summary in certain circumstances. NOW, THEREFORE, BE IT RESOLVED ley t}te City Council of the City of Richfield, as follows: 1. The City Council hereby detormines that publica- tion of the complete Cext of Bill No. 1998-4 is not cost effective. 2. The City Council determines that the fallowing summary would clearly inform the public of the intent and effect of the ordinance and hereby approves the same: 3. The City Clerk shat] cause the following summa- ry of Bill No. 1998-4 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Crty Council of the City of Richfield has adopted Bill Nn. 1998-4, "AN ORDINANCE REGULATING PAWN- BROKER ESTABLISHMENTS; REQUIRING A LICENSE; ESTABLISHING REPORTING REQUIRE- MENTS; AMENDING THE CITY CODE BY ADDING A NEW SECTION 1187; SUPERSEDING PAWNBROKER REGULATIONS IN SECTION 118(1." The ordinance adds a new section 1187 to Che Richfield City Code, which supersedes existing pawnbroker regulations found in sec- tion 118G. License Procedures The ordinance requires persons to obtain an annual license to engage in the business of pawnbroker, estab- lishes licensing procedures, and provides for a license fee. The ordinance requires background investigations to be conducted regarding any pawnbroker business, manager or employee; establishes investigation fees; and requires a bond for all licensees. The ordinance makes certain per- sons ineligible for licenses and establishes grounds and procedures for licenses to be denied, suspended or revoked. Recordkeeping Regulations The ordinance requires pawnbroker businesses to main- Cain records of transactions and to keep photographic records or digital images of customers and certainpawned items. Pawnbrokers are required to report certain trans- actions daily to the public safety department by modem, suhject to limited exceptions Licensees must pay a fee for every transaction reported. Consumer Protection Regulations Pawnbrokers are required to provide detailed receipts to nersons who Dawn items. Persons nawnine items must be