For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITEM CONTAINING PRECIOUS METAL. An item made in whole or part of metal and containing more than 1% by weight of silver, gold or platinum.
PAWNBROKER. A person engaged in whole or part in the business of lending money on the security of tangible personal property actually delivered into the person’s possession, or in the business of purchasing tangible personal property to be left with the person on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. No bank, savings and loan association, or credit union shall be deemed a PAWNBROKER for the purposes of this chapter.
PAWNSHOP. Any business establishment operated by a pawnbroker.
PRECIOUS METAL DEALER.
(1) Any person engaging in the business of buying coins or secondhand items containing precious metal, including, but not limited to: jewelry, watches, eating utensils, candlesticks, and religious and decorative objects, as specified in M.S. § 325F.731.
(2) Persons conducting the following transactions shall not be deemed to be PRECIOUS METAL DEALERS:
(a) Transactions at occasional garage sales, rummage sales, estate sales or farm auctions, except that PRECIOUS METAL DEALERS must comply with the requirements of M.S. §§ 325F.734 to 325F.742, for these transactions;
(b) Transactions regulated by M.S. Chapter 80A;
(c) Transactions regulated by the Federal Commodity Futures Commission Act;
(d) Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps or dust from an industrial manufacturer, dental lab, dentist or agent thereof;
(e) 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;
(f) Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item containing precious metal exceeds the value of the secondhand item, except that a person who is a precious metal dealer by engaging in a transaction which is not exempted by this section, must comply with the requirements of M.S. §§ 325F.734 to 325F.742;
(g) Transactions between precious metal dealers if both dealers are licensed under M.S. § 325F.733, or if the seller’s business is located outside of the state to a dealer who is licensed under M.S. § 325F.733; and
(h) Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are sold at retail, and the buyer paid less than $2,500 for the secondhand items containing precious metals purchased within any period of 12 consecutive months.
PRECIOUS METALS. Silver, gold, and platinum.
SECONDHAND DEALER.
(1) A person engaged in the business of buying previously used, rented, owned, or leased goods of any kind, including, but not limited to: coins, gold, silver, jewelry, metal, guns and wrecked or dismantled motor vehicles, or motor vehicles intended to be wrecked or dismantled.
(2) Persons conducting the following transactions shall not be deemed to be SECONDHAND DEALERS:
(a) Transactions where all of the following are present:
1. The sale is held on property occupied as a dwelling by the seller, or owned, rented or leased by a charitable organization;
2. The items offered for sale are owned by the occupant;
3. No sale exceeds a period of 72 consecutive hours;
4. No more than 4 sales are held in any 12-month period; and
5. None of the items offered for sale were purchased for resale or received on consignment for the purpose of resale.
(b) Sales of goods at an auction held by an auctioneer;
(c) Transactions involving goods taken as partial or full payment for new goods, where such business is incidental to and not the primary business of the person;
(d) Transactions by a business specializing in the sale of antiques and other goods more than 20 years old, where other transactions are incidental to the antique business;
(e) The sale or exchange of used books, where the business gives only credit and not cash for used books it acquires from customers;
(f) Purchases and sales of military goods, where all purchases are directly from offices of the United States government or military surplus wholesalers. Military clothing may also be purchased from current and former military personnel;
(g) Bulk sales of property from a merchant, manufacturer or wholesaler having an established place of business, or goods sold at open sale from bankrupt stock;
(h) Sale of goods at an exhibition, provided the exhibition does not last longer than 10 days in any 12-month period;
(i) Sales of automobiles by a licensed automobile dealer;
(j) Sales made by the Sheriff or other public officials in the discharge of their official duties;
(k) Sales made by assignees or receivers appointed by the state or a court to make sales for the benefit of creditors; and
(l) Sales by a charitable organization of donated items.
(Prior Code, § 6.13) (Am. Ord. 48, Second Series, passed 7-1-2002)