No shall, exercise, carry-on or engage in the business of a , unless currently licensed or registered pursuant to this Division Z. Issuance of a license or registration pursuant to this Division Z shall not relieve the from obtaining any other licenses required to conduct other businesses at the same or any other location. No may conduct more than 200 during any licensing year without upgrading the license to a license and paying the additional fee, after crediting the amount paid for the license.
   Pawnbrokers licensed under Article IV, Division M, of this chapter and licensed under Division X of this chapter do not have to obtain a separate license. However, transactions conducted by a licensed pawnbroker or must be in conformity with all of the requirements set forth in this Division Z as though the pawnbroker or held a separate license. This includes, without limitation, the record keeping, reporting and operational requirements and restrictions set forth in this Division Z. Violations of this Division Z will result in possible suspension or revocation of the pawnbroker’s, or , license.
   The following shall not be subject to the licensing requirements and regulations of this Division Z:
   (a)    who are residents, tax exempt, non-profit public charitable organizations, tax exempt political organizations or tax exempt, non-profit civic organizations conducting the occasional sale of at events commonly known as “garage sales,” “yard sales,” “moving sales,” “fundraiser sales” or “estate sales” where all of the following are present:
      (1)   The sale is held on real property located within the city that is occupied as a dwelling by one of the sellers or owned, rented or leased by the charitable, political or civic organization;
      (2)   The conducting the sale own the offered for sale and receive all the proceeds therefrom;
      (3)   The sales event does not exceed a period of 72 consecutive hours with no more than four sales events being held within a 12-month period; and
      (4)   The sales event does not include the sale of firearms.
   (b)    who register with the and whose business plan and records clearly demonstrate on an annual and continuing basis to the satisfaction of the that they have not paid an aggregate amount to an individual seller for all of the received from that seller at the same time or within six months in one or multiple transactions of $200 or more and that they conduct transactions exclusively involving the sale or receipt of any combination of the following:
      (1)   Non- secondhand books, magazines, postcards, stamps or philatelic material;
      (2)   Secondhand furniture, excluding: ; audio, video or other electronic devices; or architectural elements, lighting fixtures or lamps where the intends to offer the for sale or broker the for $200 or more;
      (3)   Secondhand cookware, glassware or eating utensils not containing ;
      (4)   Secondhand clothing and shoes, excluding leather or fur outerwear and apparel generally associated with the playing of or as equipment for a particular sport or recreational activity; and
      (5)   Secondhand infants’, toddlers’ or children’s’ clothing, appliances, furniture or safety devices.
   (c)    who register with the and whose business plan and records clearly demonstrate on an annual and continuing basis to the satisfaction of the that they acquire their secondhand merchandise exclusively by:
      (1)   Sales of property from a merchant, manufacturer, wholesaler, corporate entity or government entity, having an established place of business, or goods sold at open sale from bankrupt stock, provided the must maintain a record of all such transactions which includes at a minimum written declaration of ownership setting forth:
         (A)   The seller’s full corporate name, corporate address, telephone number, federal employee identification number (“EIN”) or federal tax identification number, full name of the chief executive officer of the corporation, and a description of the seller’s business;
         (B)   An accurate description of each of property that must identify the in a manner that relates to the transaction record including, but not limited to, any trademark, identification number, serial number, model number, brand name or other identifying mark on the ;
         (C)   A description of the nature of the transaction, such as trade, or sale;
         (E)   The purchase price, asking price if consigned, or value attributed to the if accepted in trade; and
         (F)   A signed statement by the seller that the seller is the true owner of the property or proof of their authorization from the true owner to dispose of the , and that the property is free from all other claims or liens.
      (2)   Transactions between if both are licensed under M.S. § 325F.733, as it may be amended from time to time, or this Division Z of the city code, or if the seller’s business is located outside of the state and the is shipped from outside the state to a licensed under M.S. § 325F.733, as it may be amended from time to time, or this Division Z of the city code; and
      (3)    that have been donated without compensation.
   (d)   Transactions conducted by sheriffs or other public officers who are acting according to law in their official capacity;
   (e)   Transactions regulated by M.S. Chapter 80A, as it may be amended from time to time, or the Federal Commodity Futures Commission Act; and
   (f)    who are able to demonstrate to the upon request that they qualify as a recognized, tax exempt, non-profit organization pursuant to § 501(c) of the Internal Revenue Code or tax exempt political organization pursuant to § 527 of the Internal Revenue Code and regulated pursuant to M.S. § 10A.14, as it may be amended from time to time, who exclusively conduct transactions involving the sale or receipt of that have been donated without compensation.
(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)