For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLABLE TRANSACTION. (Pawnbroker) Every reportable transaction conducted by a pawnbroker except redemptions, renewals or extensions of existing pawns on items previously reported and continuously in the licensee's possession is a BILLABLE TRANSACTION.
BILLABLE TRANSACTION. (Secondhand Dealer) Every reportable transaction conducted by a secondhand dealer.
CLASS A SECONDHAND GOODS DEALER. Any person who annually engages in 1,800 or more transactions involving the buying and/or selling of secondhand items.
CLASS B SECONDHAND GOODS DEALER. Any person who annually engages in more than 60 but fewer than 1,800 transactions involving the buying and/or selling of secondhand items.
CLASS C SECONDHAND GOODS DEALER. Any person who annually engages in 60 or fewer transactions involving the buying and/or selling of secondhand items.
ISSUING AUTHORITY. The City of Lino Lakes.
ITEM CONTAINING PRECIOUS METAL. An item made in whole or in part of metal and containing more than 1% by weight of silver, gold or platinum.
MINOR. Any natural person under the age of 18 years.
PAWNBROKER. Any natural person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker's business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable.
PRECIOUS METAL DEALER. 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. Persons conducting the following transactions shall not be deemed to be precious metal dealers:
(a) Transactions at occasional "garage" or "yard" sales or estate sales or farm auctions, except that precious metal dealers must comply with the requirements of M.S. § 325F.734 to 325F.742, as it may be amended from time to time, for these transactions;
(b) Securities transactions regulated by M.S. Ch. 80A, as it may be amended from time to time;
(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 to flake recovered in lithographic and x-ray film processing;
(f) Transactions involving bullion or ingots;
(g) 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 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, as they may be amended from time to time; and
(h) Transactions between precious metal dealers if both dealers are licensed under M.S. § 325F.733, as it may be amended from time to time, or if the seller's business is located outside of the state and the item is shipped from outside the state to a dealer licensed under M.S. § 325F.733, as it may be amended from time to time.
PRECIOUS METALS. Silver, gold or platinum.
RECEIVE. To purchase, accept for sale on consignment, broker or acquire in trade for an item of equal or lesser value, any tangible personal property previously owned, used, rented or leased.
REPORTABLE TRANSACTION. (Pawnbroker) (Precious Metal Dealer) Every transaction conducted by a pawnbroker or precious metal dealer in which merchandise is received through a pawn, purchase, consignment or trade or in which a pawn is renewed, extended or redeemed, is reportable except:
(a) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business and the retail sale of the merchandise, provided the pawnbroker must maintain a record of the purchase or consignment which describes each item and must mark each item in a manner which relates it to that transaction record; and
(b) Retail or wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired.
REPORTABLE TRANSACTION. (Secondhand Dealer) Every transaction conducted by a secondhand dealer in which merchandise is received is reportable except:
(a) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of the merchandise, provided the secondhand dealer must maintain a record of the purchase or consignment which described each item, and must mark each item in a manner which relates to that transaction record;
(b) Retail or wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired;
(c) The sale of secondhand goods 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 or political organization;
2. The items offered for sales are owned by the occupant;
3. That no sale exceeds a period of 72 consecutive hours;
4. That no more than two sales are held in any 12-month period; and
5. That none of the items offered for sale shall have been purchased for resale or received on consignment for purpose of resale.
(d) Transactions conducted by a pawnbroker licensed under Chapter 601;
(e) Receipt of secondhand books or magazines;
(f) The receipt of secondhand furniture and kitchen or laundry appliances. For the purposes of this provision, the term furniture does not include televisions, stereos, computers or other electronic equipment;
(g) The receipt of secondhand clothing and shoes except for any item generally associated with the playing of or as equipment for any sporting event or recreational activity; and
(h) The sale of goods at an auction held by a licensed auctioneer.
SECONDHAND GOODS DEALERS. Any person engaging in the business of buying and/or selling secondhand items, except:
(a) Precious metal dealers and pawn brokers;
(b) Persons conducting transactions at occasional "garage" or "yard" sales or estate sales or farm auctions;
(c) Repurchasers of agricultural machinery or implements pursuant to M.S. § 325E.05 or § 325E.06, as it may be amended from time to time;
(d) Recyclers, including but not limited to motor oil, aluminum, iron, glass, plastics and paper;
(e) Dealers of used motor vehicles;
(f) Repurchasers of returned merchandise after initial retail sale from the repurchaser;
(g) Dealers of secondhand clothing and linens except those dealers of secondhand bedding must comply with M.S. §§ 325F.25 through 325F.34, as they may be amended from time to time;
(h) Dealers of wire and cable regulated under M.S. § 325E.21, as it may be amended from time to time;
(i) Persons making occasional private purchases and sales of secondhand goods;
(j) Dealers of secondhand books, magazines, video or audio tapes, compact disks, films or electronic game cartridges;
(k) Charitable organizations that take used items for no compensation;
(l) Dealers of furniture;
(m) The sale of goods at an auction held by a licensed auctioneer;
(n) The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where the business is incidental to and not the primary business of a person; and
(o) The bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock.
TRANSACTION. The buying and/or selling of any item which has a serial number or an operation ID number or for which compensation of $25 or more is paid. Each item acquired from and sold to the same customer at the same time shall be considered a separate transaction.
(Prior Code, § 612.02)