(1) Contents. An application form provided by the City Clerk must be completed by every applicant for a new license or for renewal of an existing license. Every new applicant must provide all the following information:
(a) If the applicant is a natural person:
1. The name, place and date of birth, street resident address and phone number of applicant and spouse and any business the applicant or spouse has been engaged in over the past five years; also, last five years of employment history; criminal history of spouse, including misdemeanor traffic offenses and the spouse’s financial background for the past five years;
2. Whether the applicant is a citizen of the United States or resident alien;
3. Whether the applicant has ever used or has been known by a name other than the applicant’s name, and if so, the name or names used and information concerning dates and places used;
4. The name of the business if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by M.S. § 333.01, as it may be amended from time to time;
5. The street address at which the applicant has lived during the preceding five years;
6. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years and the name(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the proceeding five years;
7. Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place and offense of all the convictions;
8. The physical description of the applicant;
9. Applicant’s current personal financial statement and true copies of the applicant’s federal and state tax returns for the two years prior to application; and
10. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in division (1)(a)1. through (1)(a)8. of this section.
(b) If the applicant is a partnership:
1. The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in division (1) of this section;
2. The name(s) of the managing partner(s) and the interest of each partner in the licensed business;
3. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to M.S. § 333.01, as it may be amended from time to time, a certified copy of the certificate must be attached to the application;
4. A true copy of the federal and state tax returns for partnership for the two years prior to application; and
5. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in division (1)(a)1. through (1)(a)8. of division (1)(a) of this section.
(c) If the applicant is a corporation or other organization:
1. The name of the corporation or business form and if incorporated the state of incorporation;
2. A true copy of the certificate of incorporation, articles of incorporation or association agreement and by-laws shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required by M.S. § 303.06, as it may be amended from time to time, must be attached;
3. The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor or agent required in division (1)(a)1. through (1)(a)9. of this section; and
4. A list of all persons who control or own an interest in excess of 5% in the organization or business form or who are officers of the corporation or business form and all information concerning the persons required in division (1)(a) above. This division (1)(c)4., however, shall not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it.
(d) For all applicants:
1. Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit;
2. Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit;
3. The location of the business premises;
4. If the applicant does not own the business premises, a true and complete copy of the executed lease;
5. The legal description of the premises to be licensed;
6. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that is unpaid;
7. Whenever the application is for premises either planned or under construction or undergoing substantial alternation, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed;
8. A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this chapter, the nature of the offense and the punishment or penalty assessed therefore. Criminal history data should be verified by the Police Department utilizing the Minnesota Criminal Justice Information System. The applicant must consent to allow the criminal history checks to be completed, applicant’s failure to provide consent may disqualify the applicant from obtaining the requested license; and
(Am. Ord. 20-01, passed 10-8-2001)
9. Any other information as the City Council or issuing authority may require.
(2) Registration of Class C secondhand goods dealers. Persons engaged in the business of a Class C secondhand goods dealer are exempt from the licensing requirements of this chapter, but shall register with the Chief of Police on forms provided for by the city. The registration shall be on going except that a person shall file a new registration upon a change of ownership, management, telephone number or location of the business.
(3) New manager.
(a) When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate application, on forms provided by the City Clerk within 14 days. The application must include all appropriate information required in this section.
(b) Upon completion of an investigation of a new manager, the licensee must pay an amount equal to the cost of the investigation to assure compliance with this chapter. If the investigation process is conducted solely within the state, the fee shall be as established in the city fee schedule. If the investigation is conducted outside the state, the issuing authority may recover the actual investigation costs not exceeding $10,000.
(4) Application execution. All applications for a license under this chapter must be signed and sworn to under oath or affirmation by the applicant. If the application is that of a natural person, it must be signed and sworn to by the person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof.
(5) Investigation. The police license investigator must investigate into the truthfulness of the statements set forth in the application and shall endorse the findings thereon. The applicant must furnish to the police license investigator the evidence as the investigator may reasonably require in support of the statements set forth in the application.
(6) Public hearing. (Pawnbroker, precious metal dealer and Class A secondhand goods dealer.) The City Council shall conduct a hearing on the license application within a reasonable period following receipt of the issuing authorities report and recommendation regarding the application. At least ten days in advance of the hearing on the application, the issuing authority shall call as notice of a hearing to be published in the official newspaper for the city, setting forth the day, time and place of the hearing, the name of the applicant, the premises where the business is to be conducted, and the type of license which is sought. At the hearing, opportunity shall be given to any person to be heard for or against the granting 59 of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the Council may, in its discretion, grant or deny the application.
(7) Class B secondhand goods dealer. A Class B secondhand goods dealer license shall be issued by the City Clerk upon a positive recommendation from the Chief of Police. In the event the Chief of Police recommends denial, the application shall be submitted to the City Council for a disposition in the same manner as an application for a Class A secondhand goods dealer license. Failure of the City Clerk to grant the application or submit it to the Council within 30 days after receipt of the application by the Clerk shall be deemed a granting of the license.
(8) Persons ineligible for a license. No licenses under this chapter will be issued to an applicant who is a natural person, a partnership if the applicant has any general partner or managing partner, a corporation or other organization if the applicant has any manager, proprietor or agent in charge of the business to be licensed, if the applicant:
(a) Is a minor at the time that the application is filed;
(b) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, Subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by M.S. § 364.03, Subd. 3, as it may be amended from time to time;
(c) Is not of good moral character or repute;
(d) The application is incomplete or the investigation reveals that the applicant has not been truthful in the application process or is otherwise not qualified for a license; or
(e) Holds an intoxicating liquor license under this code.
(Prior Code, § 612.08)
Cross-reference:
City fee schedule, see § 218.01