§ 111.30 PERSONS INELIGIBLE FOR A LICENSE.

   No license under this subchapter will be issued to an applicant who is a sole proprietor, 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 subchapter as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time; or

   (C)   Is not of good moral character or repute.

(Prior Code, § 3-15-6)

§ 111.31 LICENSE FEES.

   (A)   The annual license fees for licenses issued under this subchapter shall be as adopted by the City Council.

   (B)   The billable transaction license fee shall reflect the cost of processing transactions and other related regulatory expenses as determined by the City Council, and shall be reviewed and adjusted periodically. Licensees shall be notified in writing 30 days before any adjustment is implemented.

   (C)   Billable transaction fees shall be billed monthly and are due and payable within 30 days. Failure to do so is a violation of this subchapter.

(Prior Code, § 3-15-7) (Ord. 357, passed 11-27-2000; Ord. 542, passed 1-9-2012)

§ 111.32 BOND REQUIRED.

   Before a license will be issued, every applicant must submit a $5,000 bond on the forms provided by the licensing authority. All bonds must be conditioned that the principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which have come into the principal’s hand through the principal’s business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall contain a provision that no bond may be canceled except upon 30 days’ written notice to the city, which shall be served upon the licensing authority.

(Prior Code, § 3-15-8)

§ 111.33 RECORDS REQUIRED.

   At the time of any reportable transaction other than renewals, extensions, or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by local law enforcement:

   (A)   A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item;

   (B)   The purchase price, amount of money loaned upon, or pledged therefor;

   (C)   The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges;

   (D)   Date, time, and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee’s records;

   (E)   Full name, current residence address, current residence telephone number, date of birth, and accurate description of the person from whom the item of property was received, including: sex, height, weight, race, color of eyes, and color of hair;

   (F)   The identification number and state of issue from any of the following forms of identification of the seller:

      (1)   Current valid Minnesota driver’s license;

      (2)   Current valid Minnesota identification card; or

      (3)   Current valid photo identification card issued by another state or province of Canada.

   (G)   The signature of the person identified in the transaction;

   (H)   (1)   Effective 60 days from the date of notification by local law enforcement of acceptable video standards, the licensee must also take a color photograph or color video recording of:

         (a)   Each customer involved in a billable transaction; and

         (b)   Every item pawned or sold that does not have an unique serial or identification number permanently engraved or affixed.

      (2)   If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. The photographs must be available to the Chief of Police or the Chief’s designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person’s face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person orally that he or she is being videotaped and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three months.

      (3)   Effective 60 days from the date of notification by local law enforcement, licensees must fulfill the color photograph requirements in division (H) above by submitting them as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not alter or amend the requirements in division (H) above.

   (I)   For renewals, extensions, and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction and the type of transaction; and

   (J)   The records must at all reasonable times be open to inspection by local law enforcement or state regulatory agencies. Data entries shall be retained for at least three years from the date of transaction. Entries of required digital images shall be retained a minimum of 90 days.

(Prior Code, § 3-15-9)

§ 111.34 DAILY REPORTS TO POLICE.

   (A)   Reporting transactions.

      (1)   Effective no later than 60 days after local law enforcement provides licensees with computerized record standards, licensees must submit every reportable transaction to local law enforcement daily in the following manner.

      (2)   Licensees must provide to local law enforcement all information required in § 111.33(A) through (F) and other required information by transferring it from their computer to the automated pawn system via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to local law enforcement daily.

   (B)   Billable transactions fees. Licensees will be charged for each billable transaction reported to local law enforcement.

      (1)   If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide local law enforcement printed copies of all reportable transactions along with the video tape(s) for that date by 12:00 the next business day.

         (a)   If the problem is determined to be in the licensee’s system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in division (B)(1) above, and must be charged a $50 reporting failure penalty, daily, until the error is corrected; or

         (b)   If the problem is determined to be outside the licensee’s system, the licensee must provide the required reports in division (B)(1) above and resubmit all such transactions via modem when the error is corrected.

      (2)   If a licensee is unable to capture, digitize, or transmit the photographs required in § 111.33(H), the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to local law enforcement upon request.

   (C)   Technical problems. Regardless of the cause or origin of the technical problems that prevented the licensee from uploading his or her reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.

   (D)   Delay of implementation. Divisions (B)(1) through (B)(3) above notwithstanding, local law enforcement may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.

(Prior Code, § 3-15-10)

§ 111.35 RECEIPT REQUIRED.

   (A)   Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three years.

   (B)   The receipt must include at least the following information:

      (1)   The name, address, and telephone number of the licensed business;

      (2)   The date and time the item was received by the licensee;

      (3)   Whether the item was pawned or sold or the nature of the transaction;

      (4)   An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item;

      (5)   The signature or unique identifier of the licensee or employee that conducted the transaction;

      (6)   The amount advanced or paid;

      (7)   The monthly and annual interest rates, including all pawn fees and charges;

      (8)   The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date;

      (9)   The full name, current residence address, current residence telephone number, and date of birth of the pledger or seller;

      (10)   The identification number and state of issue from any of the following forms of identification of the seller:

         (a)   Current valid Minnesota driver’s license;

         (b)   Current valid Minnesota identification card; or

         (c)   Current valid photo driver’s license or identification card issued by another state or province of Canada.

      (11)   Description of the pledger or seller including sex, approximate height, weight, race, color of eyes, and color of hair;

      (12)   The signature of the pledger or seller; and

      (13)   All printed statements as required by M.S. § 325J.04 subd. 2, as it may be amended from time to time, or any other applicable statutes.

(Prior Code, § 3-15-11)

§ 111.36 REDEMPTION PERIOD.

   (A)   Any person pledging, pawning, or depositing an item for security must have a minimum of 60 days from the date of that transaction to redeem the item before it may be forfeited and sold. During the holding period, items may not be removed from the licensed location except as provided in § 111.43. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the police license inspector. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with § 111.33(I).

   (B)   Pawnbroker must return goods, or provide compensation for lost or damaged goods, upon payment of the full amount due, unless:

      (1)   The 60-day redemption period has expired; or

      (2)   The goods have been taken into custody by a court or by a law enforcement officer or agency.

(Prior Code, § 3-15-12) (Ord. 542, passed 1-9-2012)

§ 111.37 HOLDING PERIOD.

   Any item purchased or accepted in trade by a licensee, but not involved in a pawn transaction, must not be sold or otherwise transferred for 31 days from the date of the transaction. An individual may redeem an item at any time during the holding period.

(Prior Code, § 3-15-13) (Ord. 542, passed 1-9-2012)