No shall exercise, carry on or be engaged in the trade or business of within the city unless such is currently licensed or registered under this Division X. Temporary events relating to must obtain a license under Division V of this chapter; however the exemptions from licensing and standards for registration in lieu of licensing set forth herein shall apply to both annual and temporary licenses. The following may qualify for registration in lieu of licensing.
(a) 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 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, a 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 them in a manner that relates to the transaction record including, but not limited to, any unique identifiers;
(C) A description of the nature of the transaction, such as trade, or sale;
(D) The purchase price, asking price if consigned, or value attributed to the if accepted in trade; and
(E) A signed statement by the seller that the seller is the true owner of the property or proof of his or her 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 X 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 X of the city code.
(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 the business exclusively conducts one or more of the following transactions:
(1) Transactions regulated by M.S. Chapter 80A, as it may be amended from time to time;
(2) Transactions regulated by the Federal Commodity Futures Commission Act;
(3) Transactions involving the purchase of grindings, filings, slag, sweeps, scraps or dust from an industrial manufacturer, dental lab, dentist or agent thereof;
(4) Transactions involving the purchase of photographic film, such as lithographic and X-ray film, or silver residue or flake recovered in lithographic and X-ray film processing;
(5) Transactions involving coin with intrinsic or numismatic values not greater than its denominational value;
(6) Transactions involving gold, silver or platinum that has been assayed and is properly marked as to its weight and fineness; and
(7) Transactions involving gold, silver or platinum bullion coin.
(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)