(a) Automatic holding period. No
received by a
may be sold or transferred for a period of at least seven days. An
or
received by a
for which a report to police is required in § 14.442.12 shall not be sold or otherwise transferred for 15 days after the date of the receipt of such property by the
.
may not be altered, modified or changed in any way during the holding period. A higher bond may be posted pursuant to § 14.442.10(c) of this Division X in lieu of the automatic holding period.
(b) Police orders to hold or confiscate.
(1) Investigative hold. Whenever a law enforcement official from any agency notifies a
not to sell an
, the
must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of initial notification, or until the investigative hold is cancelled, or until an order to hold/confiscate is issued, whichever occurs first.
(2) Order to hold. Whenever the Chief of Police or the Chief’s designee orders a
not to sell an
, the
must not be sold or removed from the premises until the Police Chief or the Chief’s designee authorizes its release. The order to hold shall expire 90 days from the date it is placed on the property unless the Chief of Police or the Chief’s designee determines the hold is still necessary and notifies the
in writing that the order is being extended.
(3) Order to confiscate. Whenever an
is identified as stolen property or evidence of a crime the Chief of Police or the Chief’s designee may either physically confiscate and remove it from the premises or place an order to hold on the property as provided above and leave it on the premises. When an
is confiscated, the Police Chief or Police Chief’s designee must provide upon request their badge number, name, Police Department telephone number and the case number relating to the confiscation. When an order to hold or confiscate is no longer necessary, the Chief of Police or the Chief’s designee shall so notify the
.
(c) Suspicious property. A
or registrant must report to the city police any article sold or received or sought to be sold or received, if the
or registrant has reason to believe that the article was stolen or lost. No
or registrant shall receive or accept any
of property which contains an altered, obliterated or obviously removed serial number or unique identifier.
(d) Police inspections. The
or registrant must allow the police license inspector or the inspector’s designee to enter the premises where the licensed or registered business is located or business records are maintained, including off-site storage facilities, during normal business hours or beyond normal business hours where the inspector determines an emergency situation exists, for the purpose of locating
suspected or alleged to have been stolen or otherwise improperly disposed of and inspecting such premises and the
, ware, merchandise and records therein to verify compliance with this Division X or other applicable laws.
(e) Label required. The
must affix a label to every
for which a report to the Police Department is required under § 14.442.12 at the time it is received in inventory. Permanently recorded on this label must be the number or name that identifies the transaction in the
records, the name of the
and the date the
can be sold. Labels must not be re-used.
(f) Prohibited transactions. With the exception of purchases made via an
, no
, clerk, agent or employee thereof shall receive any
within the limits of the city or outside the city limits when those
may be intended for sale, held for sale or offered for sale on the
under the following circumstances:
(1) By mail or third-party delivery (not including
purchased via an
) unless accompanied by a fully executed declaration of ownership which includes:
(A) For individual sellers: the seller’s full name, address, telephone number and a legible photocopy of the seller’s currently valid driver’s license or state identification card;
(B) For corporate sellers: the full corporate name of the seller, corporate address, telephone and facsimile numbers, federal employer identification number or federal tax identification number, the full name of the chief executive officer of the corporation and a description of the seller’s business;
(C) A description of the property being sold, including its size, color, material or any trademark, identification number, serial number, model number, brand name or other identifying mark on the
;
(D) A description of the nature of the intended sales transaction, such as trade,
or sale;
(E) The purchase price, asking price if consigned or value attributed to the
if accepted in trade;
(F) A signed statement by the seller attesting that he or she is the true owner of the property or is legally authorized by the true owner, who is identified by full name, address, telephone number and date of birth, to dispose of the property, and that the property is free from all other claims and liens; and
(G) A signed statement by the seller that he or she is over the age of 18 years and otherwise competent to conduct the transaction.
(2) Unless the seller signs a statement attesting to be the true owner of the property, or is legally authorized to dispose of the property by the true owner, who is identified by full name, address, telephone number and date of birth, and that the property is free of all claims and liens;
(3) From any
who fails to present identification in the form of a current valid Minnesota driver’s license, a current valid state identification card, or a current valid photo driver’s license or photo identification card issued by another state or a province of Canada;
(4) From any
under the age of 18 years;
(5) From any
who is obviously intoxicated, chemically impaired or incompetent; and
(6) Whenever the
of property contains an altered or obliterated serial number, “operation identification” number or otherwise altered so as to remove, alter or obliterate a unique identifier of the property.
(g) Hours of operation. No
shall receive secondhand goods or
, including
, or keep the business open for business transactions on any day of the week before 7:00 a.m. or after 10:00 p.m..
(h) Maintenance of order. A
or registrant under this Division X shall be responsible for the conduct of the business being operated in conformity with all applicable laws and shall maintain conditions of order.
(i) Gambling. No
or registrant under this Division X may keep, possess or operate, or permit the keeping, possession or operation on the
of dice, slot machines, roulette wheels, punchboards, blackjack tables or pinball machines which return coins or slugs, chips or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under state law may be kept or operated and no raffles may be conducted on the
or adjoining rooms.
(j) Posting of prices; weighing. Every
shall prominently post in a conspicuous place and in letters exceeding one inch in height the minimum prices per ounce or pennyweight that are currently being paid by the
for
and a warning notice that unless otherwise informed, the prices offered are based on the meltdown value of the
, rather than the value of the
in its existing form. With the exception of coin with an intrinsic value not greater than its numismatic or denominational value,
that has been assayed and is properly marked as to its weight and fineness, and gold, silver or platinum bullion coin,
shall be weighed in plain sight of the prospective seller on scales approved by the state pursuant to state law.
(k) Payment by check. Payment by a
for the purchase of a
shall be made only by a check, draft or other negotiable or non-negotiable instrument or order of withdrawal which is drawn against funds held by a financial institution.
(l) Receipt. The
or registrant shall provide a receipt to the seller of any
of property received, with the exception of
purchased via an
, which shall include:
(1) The name, address and telephone number of the
or registrant;
(2) The date on which the
was received by the
or registrant;
(3) A description of the
received and amount paid to the seller in exchange for the
sold;
(4) The signature of the
or agent; and
(5) The name and address of the seller.
(m) Prohibited sale. No
may pawn, pledge, sell, consign, leave or deposit any article of property not his or her own, nor shall any
pawn, pledge, sell, consign, leave or deposit the property of another, whether with permission or without, nor shall any
pawn, pledge, sell, consign, leave or deposit any article of property in which another has a security interest, with any
.
(n) License display and signage. A license issued under this Division X must be posted in a conspicuous place in the premises for which it is used stating at least the following:
“To sell property:
A. You must be at least 18 years of age;
B. You must be the true owner of the property;
C. The property must be free of all claims and liens;
D. You must present valid photo identification;
E. Violation of any of these requirements is a crime; and
F. All transactions are reported to police daily.”
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997; deleted and added by Ord. 2007-18, passed 5-7-2007; amended by Ord. 2011-2, passed 1-24-2011)