§ 612.14 HOLDING PERIOD.

   Any item purchased by a licensee must not be sold or otherwise transferred for 30 days from the date of the transaction. An individual may redeem an item 72 hours after the item was received on deposit, excluding Sundays and legal holidays.

(Prior Code, § 612.14)

§ 612.15 POLICE ORDER TO HOLD PROPERTY.

   (1)   Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to division (2) of this section, whichever comes first.

   (2)   Order to hold. Whenever the Chief of Police, or the Chief's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the Chief or the Chief's designee. The order to hold shall expire 90 days from the date it is placed unless the Chief of Police or the Chief's designee determines the hold is still necessary and notifies the licensee in writing.

   (3)   Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the Chief or Chief's designee:

      (a)   Physically confiscate and remove it from the shop, pursuant to a written order from the Chief or the Chief's designee; or

      (b)   Place the item on hold or extend the hold as provided in division (2) of this section and leave it in the shop. When an item is confiscated, the person doing so shall provide identification upon request of the licensee and shall provide the licensee the name and phone number of the confiscating agency and investigator and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the Chief of Police or Chief's designee shall so notify the licensee.

(Prior Code, § 612.15)

§ 612.16 INSPECTION OF ITEMS.

   At all times during the terms of the license, the licensee must allow the police license investigator or his or her designee(s) to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in § 612.20, during normal business hours, except in an emergency, for the purpose of inspecting the premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws.

(Prior Code, § 612.16)

§ 612.17 LABEL REQUIRED.

   Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the Police Department, whichever is applicable and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used.

(Prior Code, § 612.17)

§ 612.18 PROHIBITED ACTS.

   (1)   No person under the age of 18 years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of 18 years.

   (2)   No licensee may receive any goods from a person of unsound mind or an intoxicated person.

   (3)   No licensee may receive any goods, unless the seller presents identification in the form of a current driver's license, a valid State of Minnesota identification card or current photo driver's license or identification card issued by the state of residency of the person from whom the item was received.

   (4)   No licensee may receive any item of property that possesses an altered or obliterated serial number or "operation identification" number or any item of property that has had its serial number removed.

(Prior Code, § 612.18)

§ 612.19 DENIAL, SUSPENSION OR REVOCATION.

   Any license under this chapter may be denied, suspended or revoked for one or more of the following reasons:

   (1)   The proposed use does not comply with the Lino Lakes City Zoning Chapter;

   (2)   The proposed use does not comply with any health, building, building maintenance or other provisions of this code of ordinances or state law;

   (3)   The applicant or licensee has failed to comply with one or more provisions of this chapter;

   (4)   Fraud, misrepresentation or bribery in securing or renewing a license;

   (5)   Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant's business;

   (6)   Violation within the preceding five years, of any law relating to theft, damage or trespass to property, sale of a controlled substance or operation of a business;

   (7)   The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter;

   (8)   Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and the public hearing. The written notice shall give at least eight days notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker, precious metal dealer or secondhand goods dealer. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the pawnbroker, precious metal dealer or secondhand goods dealer by United States mail addressed to the most recent address of the business in the license application; and

   (9)   The following locations shall be ineligible for a license under this chapter:

      (a)   No license shall be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the state, county, school district or city are due, delinquent or unpaid. In the event a suit has been commenced under M.S. §§ 278.01 through 278.03, as they may be amended from time to time, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due;

      (b)   No license shall be granted or renewed if the property on which the business is to be conducted is owned by a person who is ineligible for a license under any of the requirements of this code, except that a property owner who is a minor or who has been convicted of a crime, other than a crime involving theft or falsehood, shall not make the premises ineligible under this section; and

      (c)   Operations may be located only in General Business, Central Business or Shopping Center Districts, unless the establishment is operating pursuant to the City Zoning Chapter. No pawn shop shall be located within a distance of one-half mile of any other business within the city as measured by a straight line.

(Prior Code, § 612.19)

§ 612.20 BUSINESS AT ONLY ONE PLACE.

   A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the police license investigator may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with § 612.16. All provisions of this chapter regarding recordkeeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the city code. The licensee must either own the building in which the business is conducted and any approved off-site storage facility or have a lease on the business premises, which extends for more than six months.

(Prior Code, § 612.20)