(a) Display of license. Except for those specified in § 14.424, no shall conduct a purchasing event in the city unless the prominently displays a valid city license or certificate of registration in lieu of a license identifying the .
(b) Transfer of license prohibited. Each license under this Division V shall be issued to the named applicant only and shall not be transferable to any other . A or registrant shall not transfer, loan, sell, give or assign his or her license to another . A license issued under this Division V is only for the premises set forth in the approved application.
(c) Invalid use of license. A shall not use a license issued to someone other than that .
(d) Health and safety hazards. A shall not purchase property in a manner that creates a health or safety hazard.
(e) Truthful advertising and statements. A or registrant shall not make untrue statements to the people contacted regarding the purchasing of goods.
(f) Effect of license. A shall not make statements to the people contacted indicating or implying that the city license constitutes an endorsement of their activities by the city.
(g) Records. At the time of receipt of any or within the limits of the city or the receipt of any or by a outside the city limits when those goods are intended for sale, held for sale or offered for sale on the , the shall immediately record, using the English language, in a computerized record approved by the , the following information:
(1) An accurate description of the of property including, but not limited to, its type, composition, size, color and any trademark, identification number, serial number, model number, brand name or other identifying mark on the ;
(2) The nature of the transaction, such as trade, or sale;
(3) The purchase price, asking price if consigned, or value attributed to the if accepted in trade, for each received;
(4) The date and time the of property was received by the ;
(5) The full name, address, telephone number, driver’s license or state identification card number, and date of birth of the from whom the of property was received or in the case of , the user account name or screen name of the seller and the auction’s Internet address; and
(6) The full name of the employee conducting the transaction.
Each received must be separately described and recorded notwithstanding that the may have been received from the same customer at the same time.
(h) Photographs and videos of customers and property.
(1) and property to be photographed. All shall take a color photograph or color video recording of each customer involved in a reportable transaction and every pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.
(2) Photograph requirements. A digital photograph will be taken of quality resolution, to be determined by the Police Department, and must in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. The major portion of the photograph must include an identifiable front facial close-up of the who pawned or sold the . photographed must be accurately depicted and of sufficient quality that characteristics of the are identifiable. The must inform the that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. Such photographs must be submitted to the Police Department within 48 hours of the end of the sales event. A $100 per day late fee will be assessed for each day after the 48 hours.
(3) Video requirements. If a video recording is taken, the video camera must zoom in on the pawning or selling the so as to include an identifiable close-up of that face. recorded by video must be accurately depicted and of sufficient quality that characteristics of the are identifiable. Video recordings 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 must inform the that he or she is being videotaped by displaying a sign of sufficient size in a conspicuous place on the premises. Such video recordings must be submitted to the Police Department within 48 hours of the conclusion of the sales event. A $100 per day late fee will be assessed for each day after the 48 hours.
(4) Electronic reporting problems. If a is unable to capture, digitize or video record the photographs required in this section, the shall immediately take all required photographs with a still camera, immediately develop the pictures, and cross-reference the photographs to the correct transaction.
(5) Photographs and videos to be maintained. Photographs and videos of customers and must be maintained for 60 days.
(i) Proper identification. A shall not accept of property unless the seller provides to the one of the following forms of valid identification:
(1) A current, valid driver’s license;
(2) A current, valid state identification card; or
(3) A current, valid photo identification issued by the state of residency of the from whom the was received or a province of Canada.
No other forms of identification shall be accepted by the or .
(j) Inspection of records. A must, upon request, immediately provide to the appropriate law enforcement agency, License Section or their designees all records required by this section. Data entries must be retained for at least four years from the date of transfer.
(k) Police order to hold or confiscate property. Whenever the City Police Department notifies the not to sell an previously purchased by the , the shall not be sold until authorized by the City Police Department. 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 the possession of the or place an order to hold on the property. When an is confiscated, the Police Chief or the 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 in the sole determination of the Police Chief, the Chief or Chief’s designee shall so notify the and the property may be reclaimed.
(l) Automatic holding period. No received by a may be sold or transferred for a period of at least seven days. An or for which a report to police is required by subsection (v) below may not be sold or transferred for at least 15 days after the date of receipt. During an applicable holding period, it may not be altered, modified or changed in any manner.
(m) Receipt. With the exception of purchased via , the or registrant shall provide a receipt to the seller of any of property received, 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 , registrant or his or her agent; and
(5) The name and address of the seller.
A duplicate of the receipt shall be kept by the or registrant for at least four years.
(n) Hours of operation. No or registrant shall purchase on any day of the week before 7:00 a.m. or after 10:00 p.m. No may operate for more than four business days under a license.
(o) Prohibited transactions. With the exception of purchases made via an , no , clerk, agent or employee thereof shall any or 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; or
(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.
(2) Unless the seller signs a statement attesting to be the true owner of the property and that the property is free of all claims and liens;
(3) From any who fails to present proper 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.
(p) Inspection of . The or registrant must allow the police license inspector or the inspector’s designee to enter the premises where the business or event 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 , wares, merchandise and records therein to verify compliance with this Division V and other applicable laws.
(q) Maintenance of order. The or registrant under this Division V shall be responsible for the conduct of the business being operated in conformity with all applicable laws and shall maintain conditions of order.
(r) Suspicious property. All registered or licensed must report to the City Police any article sold or received or sought to be sold or received, if the has reason to believe that the article was stolen or lost or anytime a customer attempts to sell any of property which contains an altered, obliterated or obviously removed serial number or unique identifier.
(s) License or registration period. A license or registration shall be valid for only one event, which shall be limited to a maximum of four consecutive days. No shall be granted more than four such licenses or registrations in one calendar year at the same location. Investigations are valid for up to three years.
(t) Payment by check. Payment by a or for the purchase of a secondhand or shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution.
(u) 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.
(v) Reports to police required. A report to the City Police Department is required for each receipt by a of an described herein inside the city limits or outside the city limits where the is intended for sale, held for sale or offered for sale on the . Each of the described herein shall constitute a separate reportable transaction notwithstanding that several may have been received from the same customer at the same time. For each reportable transaction set forth herein, the must transfer, via computer modem from the computer to the automated record system and terminal specified by the , the information required by subsections (g) and (o) above within 48 hours of the conclusion of the sales event. This process and set up will be facilitated by the Police Department. who can establish to the that they conduct fewer than 25 transactions an event may provide the required information in writing, using the English language, in an indelible ink or other indelible medium, in a book or journal, which has page numbers that are pre-printed. The information must be submitted completely and accurately in accordance with the standards and procedures established by the by 12:00 p.m. noon on the first business day following the date of the transaction. The must display a sign of sufficient size and in a conspicuous place on the premises so as to inform all patrons that transactions are reported to the Police Department. All of the following types or portions of recordable transactions must be reported to the City Police Department in the manner set forth above. The receipt of any of the following:
(1) Any with a unique identifier;
(2) Any consisting of or containing or ;
(3) that are artist signed or artist attributed original works of art;
(4) Any for which the paid $100 or more in cash or other consideration, or which the intends to offer for sale, or broker for $200 or more; or
(5) Any for which the paid in a series of transactions with the same individual over the course of the sales event $200 or more.
(w) Display and storage of firearms. As a condition of licensure, the shall not display on the any firearms. All firearms must be securely stored in an area that is not accessible to the general public. No firearms may be stored on the unless or until the City Police Department approves the security of the premises and the manner of storage.
(x) Label required. The must affix a label to every for which a report to the city police is required under subsection (v) above 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.
(y) 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 .
(z) License display and signage. A license issued under this Division V 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. 92-12, passed 3-2-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 97-17, passed 5-5-1997; Ord. 2007-18, passed 5-7-2007; Ord. 2011-2, passed 1-24-2011)