Loading...
610.065. Prohibitions.
1. A licensee and a clerk, agent, or employee of a licensee must not:
a. make a false entry in the records of transactions;
b. falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's transactions;
c. refuse to allow the appropriate law enforcement agency, the attorney general, or other duly authorized state or federal law enforcement officer to inspect the records or goods in the person's possession during the ordinary hours of business or other times acceptable to both parties;
d. fail to maintain a record of each transaction for four years;
e. accept a pledge or purchase property from a person under the age of 18 years;
f. make an agreement requiring the personal liability of a pledgor or seller, or waiving any provision of this section, or providing for a maturity date less than one month after the date of the pawn transaction;
g. fail to return pledged goods to a pledgor or seller, or provide compensation as set forth in section 610.60, 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 pursuant to this section, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency;
h. sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledgor or seller in the same, or a related, transaction;
i. sell or otherwise charge for insurance in connection with a pawn transaction;
j. remove pledged goods from the licensed premises or other approved storage place at any time before unredeemed, pledged goods are sold pursuant to section 610.060;
k. receive any goods from a person of unsound mind or who is intoxicated; or
l. violate or fail to comply with any provision in this section.
2. No person under the age of 18 years may pawn or sell or attempt to pawn or sell goods with any licensee under this section.
3. No person may pawn, pledge, sell, consign, leave, or deposit an article of property with a licensee under this section if the property is:
a. not their own, whether or not the person has permission from the purported owner; or
b. subject to a security interest.
4. No person seeking to pawn, pledge, sell, consign, leave, or deposit an article of property with a licensee under this section may give or present to the licensee a name, date of birth, residence address, telephone number, proof of identification, or any other information required under this section that is false, fictitious, or not his/her own.
(Amended by Ord. No. 2011-12, adopted June 20, 2011; amended by Ord. No. 2005-12, adopted May 9, 2005)
610.070. Denial, Suspensions and Revocations of License.
1. Grounds. A license under this section may be denied, suspended, or revoked for one or more of the following reasons:
a. violation of one or more provisions of this section;
b. violation of, or non-compliance with, any health, building, building maintenance, or other provisions of the Minnetonka city ordinances or state law;
c. non-compliance with the Minnetonka zoning code;
d. impracticality or impossibility of conducting a background or financial investigation due to the unavailability of information;
e. fraud, misrepresentation, or bribery in securing or renewing a license;
f. fraud, misrepresentation or false statements made in the application and investigation for a license, or in the course of a licensee's business;
g. 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 pawnbroker, precious metal dealer's or secondhand dealer's business; or
h. non-payment of real estate taxes, assessments or other financial claims of the city or of the state for the business or premises licensed or sought to be licensed under this section. If an action has been commenced under the provisions of Minn. Stat. chapter 278, questioning the amount of validity of taxes, the council may on application by the licensee waive strict compliance with this provision. No waiver may be granted for an amount of taxes that remain unpaid for more one year after becoming due, unless the extended period is through no fault of the licensee.
2. Sanctions.
a. The council may either suspend for up to 60 days or revoke a license or impose a civil fine not to exceed $2,000.00 for each violation upon a finding that the licensee or an agent or employee of the licensee failed to comply with an applicable statute, regulation or ordinance relating to the subject matter of section 610. No suspension or revocation will take effect until the licensee has been afforded an opportunity for a hearing under city code section 700.035, except the suspension provided for in paragraph b, below.
b. A licensee’s conviction for theft, burglary, robbery, receiving stolen property or another crime involving stolen property will result in the immediate suspension of the license by operation of this ordinance, pending a hearing on revocation of the license.
(Amended by Ord. No. 2011-12, adopted June 20, 2011; Amended by Ord. No. 2005-12, adopted May 9, 2005)
610.075. Penalty.
Except as otherwise provided by state law, a person violating a provision of this section is subject to the penalties established in section 1310 of this code. A criminal fine or sentence imposed will not affect the right of the city to suspend or revoke a license as the council deems appropriate.
(Amended by Ord. No. 2005-12, adopted May 9, 2005)
610.080. [Repealed].
(Repealed by Ord. No. 2005-12, adopted May 9, 2005)
610.085. [Repealed].
(Repealed by Ord. No. 2005-12, adopted May 9, 2005)
615.005. Purpose.
The purpose of this section is to prescribe licensing requirements for sexually-oriented businesses to protect the public health, safety, and welfare and to prevent criminal activity and the spread of sexually transmitted diseases.
Loading...