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(a) Prohibited transactions. No
, clerk, agent or employee thereof shall sell, distribute or furnish any
to a
under the age of 18 years, any
who is obviously intoxicated, chemically impaired or incompetent, or any
who fails to present competent age identification in the form of a current, valid Minnesota driver’s license, current, valid state identification card or current, valid photo driver’s license or photo identification issued by another state or a province of Canada.
(b) Inspection of items. The
must, at all times during the term of the license, allow the authorized agents of the City Police Department, the City Fire Marshal or
to enter the premises where the licensed
is located, including all display areas, storage areas and all approved off-site storage facilities, during normal
hours, or beyond normal
hours where the inspector determines an emergency situation exists, for the purpose of inspecting such premises and inspecting the items, ware and merchandise therein for the purpose of verifying compliance with the requirements of this Division Y, and any other applicable state and federal regulations. Upon request, the
must provide a test sample to the inspector for the purpose of verifying the chemical content of the merchandise.
(c) Maintenance of order. A
under this Division Y shall be responsible for the conduct of the
being operated and shall maintain conditions of order.
(d) Smoking prohibited. A
under this Division Y must strictly prohibit any cigarette, cigar or pipe smoking in or around the
and conspicuously post and maintain appropriate “NO SMOKING” signage throughout.
(e) Proper disposal of unsold
. It shall be the responsibility of the
to properly dispose of all unsold
. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the
.
(f) Maintenance of sales and storage areas. Any significant deviation, enlargement or alteration from the approved site plan for the sales display and storage areas covered by the license must be pre-approved in writing by the City Fire Prevention Division.
(g) Confiscation and destruction of illegal fireworks. Any authorized agent of the Police Department or Fire Prevention Division may seize, take, remove or cause to be removed all stocks of fireworks or other combustibles offered or exposed for sale, stored or held in violation of this Division Y or applicable state or federal law. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the
.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
(a) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Division Y for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or
;
(3) Any violation of this Division Y or state law;
(4) A
criminal conviction that is directly related to the occupation or
licensed as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the
cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or
as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(5) Conducting the licensed
or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community; or
(6) Any significant unauthorized deviation, enlargement or alteration of the approved site plan for the storage and sales display areas of the
shall, in and of itself, constitute a basis for license revocation.
(b) Notice of hearing. A revocation or suspension by the City Council shall be preceded by written notice to the
and a hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the
. The notice shall be mailed by regular mail to the
at the most recent address listed on the license application.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002; amended by Ord. 2008-15, passed 5-5-2008)
A violation of this Division Y shall be a misdemeanor under state law.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
If any section, subsection, sentence, clause or phrase of this Division Y is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division Y. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentences, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
The purpose of this Division Z of the city code is to license
, including
,
,
and
, in order to prevent these 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 health, safety and welfare of the community. The City Council makes the following findings regarding the need to regulate
, operating within the city:
(1) Use of the services provided by
provides an opportunity for the commission of crimes and their concealment because such businesses can
and transfer stolen property easily and quickly;
(2) Measures to prevent stolen property from being sold to
are necessitated by the fact that no other level of government regulates this industry or effectively and efficiently identifies criminal activity related to these businesses; and
(3) An automated system of tracking merchandise and secondhand transactions will help city law enforcement officials better regulate current and future
, will decrease and stabilize the costs associated with the regulation of this industry, and will increase the identification of criminal activities in the secondhand industry.
(Ord. 93-24, passed 5-10-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2007-18, passed 5-7-2007)
For the purpose of this Division Z, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTIQUE. Any secondhand good the value of which, in whole or substantial part, is derived from its age or its historical association and exceeds the original value of the
when new.
ANTIQUE DEALER. Any
whose regular business includes selling or receiving
where at least 90% of the goods on hand at all times, measured according to value, consists of .
AUCTION HOUSE DEALER. Any
whose regular business includes selling or receiving
some or all of which are offered for sale for the highest bid or offer tendered. If the sale is conducted by means of an auction, the auctioneer must be properly licensed and bonded in accordance with applicable laws.
BILLABLE TRANSACTION. Every transaction conducted by a
required to be reported to the City Police Department under § 14.442.43.
CONSIGNMENT. An agreement between a
and a seller that enables the
to take temporary possession of secondhand property, owned by the seller, for the purpose of offering it for sale to the public.
CONSIGNMENT HOUSE DEALER. A
in
acquired by a
agreement.
DEALER. Any
whose regular business includes the purchase of goods, wares or merchandise for the purpose of selling them at wholesale or retail to any qualified purchaser.
FLEA MARKET. Any group of five of more unrelated
or businesses selling
to the public from a single physical location.
INTERNET AUCTION. The sale of merchandise on the world wide web, or Internet, by a
who is registered with and assigned a designated account or user name by the Internet website hosting the auction.
ISSUING AUTHORITY. The City of Bloomington License Section.
ITEM. Any single physical article; however, with respect to a commonly accepted grouping of articles that are purchased as a set and have greater value as a set than the combined value of its components set if sold individually, the term ITEM shall refer to the set.
LICENSED PREMISES. The compact and contiguous premises described in the approved license issued by the city’s
.
LICENSEE. The
to whom a license is issued under this Division Z, including any agents or employees of the
.
OCCASIONAL SECONDHAND GOODS DEALER.
whose business plan and records clearly demonstrate on an annual and continuing basis to the satisfaction of the
that the business does not conduct more than 200 per licensing year and who agree to frequent, unannounced inspection and monitoring by the
and City Police Department.
PAWN TRANSACTION. Any loan on the security of pledged goods on condition that the pledged goods are left with the
and may be redeemed or repurchased by the
pledging the goods for a fixed price within a fixed period of time or any purchase of second hand goods by a pawnbroker licensed under Article IV, Division M of this chapter.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
PRECIOUS GEMS. Any gem that is valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or any other precious gems or stones, whether as a separate
or in combination as a piece of jewelry or other crafted
.
PRECIOUS METAL DEALER. Any
engaging in the business of coin
or buying secondhand
containing precious metal or gems, including, but not limited to, jewelry, watches, eating utensils, candlesticks and religious and decorative objects.
in these
shall include, without limitation, ,
and .
PRECIOUS METALS. Gold, silver, platinum and sterling silver, whether as a separate
or in combination as a piece of jewelry or other crafted
, except
plated with
or metals and the plating equals less than 1% of the
total weight.
RECEIVE. To purchase, accept for sale on
, broker or receive in trade for an
of equal or lesser value.
REPORTABLE TRANSACTION. The receipt by a
of
within the limits of the city, or the receipt of
by a
outside the city limits when those goods are intended for sale, held for sale or offered for sale on the
, where the
are of the type defined in § 14.442.43 of this code for which the
must make daily reports to police as set forth therein.
SECONDHAND GOODS. Any tangible personal property, previously owned, used, rented or leased by a
other than the
offering it for sale, including without limitation: electronic audio or video equipment; firearms; musical instruments; sports equipment; photographic equipment; outboard motors; inboard drives; nautical sonar or radar devices; electric, pneumatic or hydraulic powered construction or mechanical equipment or tools; computers or computer-related equipment; cellular telephones or other communication devices; jewelry; coins;
; artist signed or artist attributed original works of art and other secondhand goods or merchandise.
SECONDHAND GOODS DEALER. Any
whose regular business includes selling or receiving
, including ,
,
and , but not including transactions conducted by a pawnbroker licensed under Article IV, Division M of this chapter, a
licensed or registered under Article IV, Division X of this chapter, or used car sales involving vehicles with titles requiring registration with the State Department of Motor Vehicles under M.S. Chapter 168, as it may be amended from time to time, or boats required to be registered with the Department of Natural Resources.
TEMPORARY SECONDHAND GOODS DEALER. See Division V of this Article IV.
UNIQUE IDENTIFIER. A serial number, identification number, model number, owner applied identifier or engraving, “operation ID” number or symbol, or other unique marking.
(Ord. 93-24, passed 5-10-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2007-18, passed 5-7-2007)
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