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Each individual who sells
to a
under the age of 21 years shall pay to the city an administrative penalty as set forth in City Code Appendix A. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Manager or the City Manager’s designated representative. A decision that a violation has occurred must be in writing.
(a) Reserved.
(b) Reserved.
(c) Reserved.
(d) A violation of any other provision of this Division W shall be a misdemeanor.
(Ord. 92-37, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; deleted and added by Ord. 96-4, passed 3-18-1996; amended by Ord. 2011-11, passed 4-4-2011; Ord. 2017-37, passed 11-6-2017)
(a) Religious, spiritual, or cultural ceremonies or practices. Nothing in this ordinance prevents the provision of
or
to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.
(b) Reasonable reliance. It is an affirmative defense to a charge under § 14.439 of this code if the seller proves by a preponderance of the evidence that the seller reasonably and in good faith relied on proof of age as described in M.S. § 340A.503, subd. 6, as it may be amended from time to time, in making the sale.
If any provision of this Division W is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this Division W.
(Ord. 96-4, passed 3-18-1996; Ord. 2021-5, passed 4-26-2021, effective 1-1-2022)
The City Council finds that
potentially provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving
due in part to the much greater intrinsic value of this merchandise, its general lack of unique identifiers and its greater liquidity. Measures to prevent stolen property from being sold to
are necessitated by the fact that there are few government regulations applicable to this industry’s purchase of
from the public or to effectively and efficiently identify potential criminal activity related to these businesses. An automated system of tracking merchandise and purchasing transactions will decrease and stabilize the costs associated with the regulation of this industry, and will increase the identification of criminal activities in the precious metal business. Pursuant to its authority under the City Charter and under M.S. § 325F.742, as it may be amended from time to time, the City Council enacts this Division X of the city code regulating
. The purpose of this Division X is to prevent precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the city.
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997; amended by Ord. 2007-18, passed 5-7-2007)
The following words and terms, when used in this Division X, shall have the following meanings unless the context clearly indicates otherwise.
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 secondhand goods 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 secondhand goods 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 § 14.442.12.
COIN DEALER. A
whose regular business includes the buying, selling and trading of coins, stamped metal, monetized bullion or commercial grade ingots of gold, or silver. The coins may be legal tender or otherwise and may be made of
, gold, silver or platinum.
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 secondhand goods 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 secondhand goods 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 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 X, including any agents or employees of the
.
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
or buying secondhand
containing
or gems, including, but not limited to, jewelry, watches, eating utensils, candlesticks and religious and decorative objects.
in these items shall include, without limitation,
,
and
.
PRECIOUS METAL ITEM. Coin with a numismatic value or intrinsic value greater than its denominational value,
, 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.
PRECIOUS METALS. Silver, gold, platinum and sterling silver, whether as a separate
or in combination, as a piece of jewelry or other crafted
, except
plated with precious metal or metals and the plating equals less than 1% of the
total weight.
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997; amended by Ord. 2007-18, passed 5-7-2007)
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