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(a) Natural
. If the applicant is a natural
, no license shall be granted if the applicant:
(1) Is not of good moral character and repute;
(2) Is not 18 years or older on the date the application is submitted to the
;
(3) Has been convicted of a crime that directly relates to the occupation herein licensed or registered, as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation to which this license applies as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(4) Has been the subject of an investigation by a consumer protection agency, State Attorney General’s office, Better Business Bureau or similar group or agency, and such investigation has indicated a pattern of disregard of consumer rights in the conduct of the business;
(5) Is not the real party in interest in the business being licensed or registered;
(6) Has had an interest in a corporation, partnership, association, enterprise or firm that had a registration or license similar to this Division V’s license denied or revoked by the city or any other government body within five years before the application date;
(7) Owes taxes or assessments to the state, county, school district or city that are due and delinquent;
(8) Has violated any provision of this Division V within five years before the application date, or has violated any provision of this Division V during the application period pending issuance of the license; or
(9) Has knowingly falsified or misrepresented information on the license application.
(b) Partnerships. If the applicant is a partnership, no license shall be granted if the general partner primarily responsible for the conduct of the business cannot meet the requirements of subsection (a) above, or if the partnership has been the subject of an investigation by a consumer protection agency, State Attorney General’s office, Better Business Bureau or similar group or agency, and such investigation has indicated a pattern of disregard of consumer rights in the conduct of its business or has had a pawnbroker,
or
license denied or revoked by any governmental body as a result of a violation of law within five years of the date the application is submitted to the
.
(c) Corporations and other associations. If the applicant is a corporation or other association, no license shall be granted:
(1) If the corporate officer or the
affiliated with the association who is primarily responsible for the conduct of the business cannot meet the requirements of subsection (a) above;
(2) If the corporation has been the subject of an investigation by a consumer protection agency, State Attorney General’s office, Better Business Bureau or similar group or agency, and such investigation has indicated a pattern of disregard of consumer rights in the conduct of its business; or
(3) Has had a pawnbroker,
or
license denied or revoked by any governmental body as a result of a violation of law within five years of the date the application is submitted to the
.
(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)
(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 per day late fee as set forth in City Code Appendix A 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 per day late fee as set forth in City Code Appendix A 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; Ord. 2021-39, passed 11-29-2021)
(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 V for a violation of:
(1) Fraud, misrepresentation or false statement contained in the application or a 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 V 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 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. 92-12, passed 3-2-1992; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2007-18, passed 5-7-2007; Ord. 2008-15, passed 5-5-2008; Ord. 2011-2, passed 1-24-2011)
A violation of this Division V 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 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. 92-12, passed 3-2-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2007-18, passed 5-7-2007)
If any section, subsection, sentence, clause or phrase of this Division V is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division V. The City Council hereby declares that it would have adopted the ordinance in 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. 92-12, passed 3-2-1992; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2007-18, passed 5-7-2007)
The City Council finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease and various other medical disorders. Tobacco use continues to be an urgent public health threat, as evidenced by the fact that 480,000 people die prematurely in the United States from smoking-related diseases every year, making tobacco use the leading cause of preventable death. Tobacco use can cause disease in nearly all organ systems and is responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease deaths, and 32 percent of coronary heart disease deaths. The World Health Organization estimates that tobacco accounts for the greatest cause of death worldwide accounting for more than 8 million deaths per year. It is the further finding of the City Council that the legislative scheme of prohibiting sales of tobacco-related products to persons under the age of 18 has proven ineffective in preventing such persons from using tobacco-related products. The City Council recognizes that the sale of commercial tobacco-related products to persons under the age of 21 violates both state and federal law. The City Council has concluded that youth and young adults have ready access to self-service merchandising, including vending machines, which sell tobacco-related products and that the prohibition of the sale or dispensing of tobacco-related products through vending machines and the regulation of sales through self-service merchandising will thereby promote the health, safety and welfare of the residents of the city, particularly those residents under 21 years of age.
The City Council also finds that marketing and public health research shows how flavors such as fruit, candy and sweet tasting products hold an intense appeal to minors. In addition, research shows that youth and young adults have higher rates of menthol tobacco use, and that initiation with menthol cigarettes is related to greater nicotine dependence.
The City Council finds that the location and density of commercial tobacco-related product retailers influences tobacco-related product use among residents living in those communities. Research shows that youth who live or attend school in neighborhoods with the highest density of tobacco outlets or retail tobacco advertising have higher smoking rates compared to youth who live or attend school in neighborhoods with fewer or no tobacco outlets. The City Council recognizes, as expressed in Resolution 2021-6, that there are significant and substantial racial disparities in the overall health of Bloomington residents. Compounding existing health disparities, tobacco retailers are often concentrated in communities at higher risk for adverse health outcomes. Further, the City Council finds that tobacco manufacturer spending on advertising, marketing and price is directed at youth and young adults. The majority of smokers start young, youth get tobacco from older peers, and exposure to nicotine is particularly dangerous to the adolescent brain. Therefore, the purpose of this ordinance is to reduce the appeal to youth and young adults and reduce the likelihood that youth and young adults will become users of tobacco-related products later in life, thereby promoting health, safety and welfare.
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