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(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 by § 14.442.43 shall not be sold or otherwise transferred for at least 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.
(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 of 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 Department 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
or accept any
of property which contains an altered, obliterated or obviously removed serial number or
.
(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 Z 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 § 14.442.43 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
any
within the limits of the city or outside the city limits when those goods 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 how the seller acquired the property and the approximate date it was acquired;
(D) A description of the property being sold by trademark, identification number, serial number, model number, brand name or other identifying mark on the
;
(E) A description of the nature of the intended sales transaction, such as trade,
or sale;
(F) The purchase price, asking price if consigned or value attributed to the
if accepted in trade;
(G) 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
, and that the property is free from all other claims and liens; and
(h) 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
of the property.
(g) Hours of operation. No
or registrant shall
, including
, or keep the business open for business transactions on any day of the week before 6:00 a.m. or after 10:00 p.m..
(h) Maintenance of order. A
or registrant under this Division Z 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 Z 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) Display and storage of firearms. As a condition of licensure, the display and storage of all firearms must be approved by the City Police Department and must be compliant with applicable federal and state security standards, including, but not limited to, M.S. § 624.7161, and Minnesota Rules Chapter 7504. Firearms may be sold only when allowed in a particular location by the Zoning Ordinance.
(k) Prohibited sale. No
may pawn, pledge, sell, consign, leave or deposit any article of property not their 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
.
(l) License display and signage. A license issued under this Division Z 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.”
(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; amended by Ord. 2011-2, passed 1-24-2011; amended by Ord. 2016-28, passed 11-21-2016)
(a) Deadline for renewal application. All licenses or certificates of registration issued under this Division Z shall be effective for one year from the date of approval. An application for the renewal of an existing license or registration shall be made prior to the expiration date of the license or registration and shall be made in such form as the
requires. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for the applicant’s failure to submit a renewal application before the expiration of the existing license, the City Council may, if the other provisions of this Division Z are complied with, grant the renewal application.
(b) Consideration of renewal application. Within a reasonable period after the completion of the renewal verification process by the
, the
shall accept or deny the renewal application in accordance with this Division Z. If the renewal application is denied, the
shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after receipt of the notice by the applicant, to request an appeal of the
determination to the City Council. If an appeal to the City Council is timely received by the
, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the
.
(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; amended by Ord. 2008-15, passed 5-5-2008)
(a) Suspension or revocation. The City Council may revoke a license, suspend a license for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions, issued pursuant to this Division Z for any of the following reasons:
(1) Fraud, misrepresentation or false statement contained in an application or renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed or registered occupation or business;
(3) Any violation of this Division Z or state law;
(4) A
or registrant’s criminal conviction that is directly related to the occupation or business licensed or registered as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the
or registrant cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed or registered occupation or business as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time; or
(5) Conducting the licensed or registered business 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.
(b) Notice and hearing. A revocation or suspension of the license or registration 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
or registrant. The notice shall be mailed by regular mail to the
at the most recent address listed on the license or registration application.
(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; amended by Ord. 2008-15, passed 5-5-2008; Ord. 2011-2, passed 1-24-2011)
A violation of this Division Z shall be a misdemeanor under state law. Civil penalties shall be subject to assessment pursuant to § 12.15 of the City Charter and § 1.19 of this city code. However, nothing in this Article IV shall be construed to limit the city’s other available legal remedies for any violation of the law, including without limitation, licensing sanctions, criminal, civil and injunctive actions. In addition, violations or failure to pay civil fines may result in future license or registration ineligibility.
(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)
If any section, subsection, sentence, clause or phrase of this Division Z is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division Z. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(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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