(A) Licensees. No licensee shall:
(1) Receive any goods from a person under the age of 18 years.
(2) Receive any goods from an intoxicated person or a person of unsound mind.
(3) Receive any goods from a person unless the person presents valid identification as required by § 116.05(A)(5).
(4) Receive any item of property that possesses an altered, obliterated or removed serial number.
(5) Knowingly possess stolen goods without contacting and reporting such to the police.
(6) Purchase, accept or receive an article of property from a person knowing, or having reason to know, that the person is not the true owner of the property; nor shall the licensee purchase, accept, or receive an article of property knowing, or having reason to know, that the article is encumbered by a security interest.
(7) Sell pledged goods before the time to redeem has expired.
(8) Keep the business open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m.
(9) Lend money on a pledge at a rate of interest above that allowed by law.
(10) Make any false entry in the records of pawn transactions or use any pawn ticket not meeting the requirements of this chapter.
(11) Falsify, obliterate, destroy, or remove from the place of business, the records, books, or accounts relating to the licensee’s pawn transactions.
(12) Refuse to allow a law enforcement agency or a prosecutor to inspect the pawn records or any pawn goods in the licensee’s possession during the ordinary hours of business or at other times acceptable to both parties.
(13) Fail to maintain a record of each pawn transaction for three years.
(14) Make any agreement requiring the personal liability of a pledger or seller, or waiving any provisions of this chapter, or providing for a maturity date less than 90 days after the date of pawn.
(15) Fail to return pledged goods to a pledger or seller, or provide compensation as provided in M.S. § 325J.09, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency.
(16) Sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledger or seller in the same, or a related, transaction.
(17) Sell or otherwise charge for insurance in connection with a pawn transaction.
(18) Remove pledged goods from the pawnshop premises or other storage place approved by a municipality at any time before the expiration of the redemption period. However, a pawnbroker is permitted to:
(a) Return pledged goods to the borrower at any time during the redemption period;
(b) Sell the pledged goods or remove the pledged goods from the pawnshop premises or other storage at any time after the expiration of the redemption period; and
(c) Sell or remove purchased goods not involving a pawn transaction from the pawnshop premises or other storage facility 31 days or later from the purchase transaction date.
(19) Fail to maintain order in the business.
(B) Patrons. No person shall:
(1) Pawn or sell or attempt to pawn or sell goods with any licensee if the person is under the age of 18 years of age.
(2) Give a false or fictitious name; nor give a false date of birth; nor give a false or out-of-date address of residence or telephone number; nor present a false or altered identification, or the identification of another; to any licensee when seeking to pawn, pledge, sell, consign, leave, or deposit any article of property.
(3) Pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another has a security interest; with any licensee.
(4) Make false statements or representations regarding the ownership of items to be sold or pawned.
(Ord. 181, passed 3-20-2017) Penalty, see § 10.99