(A) Entries of pawn tickets. At the time of making the pawn or purchase transaction, the pawnbroker shall immediately and legibly record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the city:
(1) A complete and accurate description of the property, including manufacturer name, brand name, model, and serial or other identifying number if indicated on the property; and
(2) The full name, residence address, telephone number, and date of birth of the pledgor or seller; and
(3) Date and time of pawn or purchase transaction; and
(4) The identification number and state of issue from one of the following forms of identification of the seller or pledgor: current valid Minnesota driver's license; current valid Minnesota identification card; or current valid photo identification card issued by another state or a province of Canada; and
(5) Description of the pledgor including approximate height, weight, sex, and race; and
(6) Amount advanced or paid; and
(7) The maturity date of the pawn transaction and the amount due; and
(8) The monthly and annual interest rates, including all pawn fees and charges; and
(9) The name or unique identifier of the licensee or employee that conducted the transaction.
(B) Printed pawn ticket. The following shall be printed on all pawn tickets:
(1) The statement that "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than sixty (60) days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods.";
(2) The statement that "The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item.";
(3) The statement that "This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record."; and
(4) A blank line for the pledgor's signature.
(C) Records; retention.
(1) The pledgor or seller shall sign a pawn ticket and receive an exact copy of the pawn ticket.
(2) The pawnbroker shall maintain on the premises a record of all transactions of pledged or purchased goods for a period of four (4) years. These records shall be a correct copy of the entries made of the pawn transactions. A pawnbroker shall upon request provide to the appropriate law enforcement agency a complete and accurate record of pawn transactions. The pawnbroker shall provide the records in a computerized format, using the interchange file specification format.
(3) For purposes of division (2) above, INTERCHANGE FILE SPECIFICATION FORMAT means the most current version of the Minneapolis Automated Property System interchange file specification format.
(4) Each licensee shall prepare and deliver to the Chief Law Enforcement Officer, a report describing all transactions of pledged or purchased goods. The Chief Law Enforcement Officer shall provide, in writing to the licensee, the requirements, including a reporting schedule, necessary to meet the licensee's reporting obligations.
(D) Records; prohibitions. A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not:
(1) Make any false entry in the records of pawn transactions;
(2) Falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's pawn transactions;
(3) Refuse to allow the appropriate law enforcement agency, the attorney general, or any other duly authorized state or federal law enforcement officer to inspect the pawn records or any pawn goods in the person's possession during the ordinary hours of business or other times acceptable to both parties;
(4) Fail to maintain a record of each pawn transaction for four (4) years;
(5) Accept a pledge or purchase property from a person under the age of eighteen (18) years;
(6) Make any 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 (1) month after the date of the pawn transaction;
(7) Fail to return pledged goods to a pledgor or seller, or provide compensation as set forth in § 111.11(C) of this chapter, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than sixty (60) days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods pursuant to § 111.11(B) of this chapter, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency;
(8) 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;
(9) Sell or otherwise charge for insurance in connection with a pawn transaction; or
(10) Remove pledged goods from the pawnshop premises or other storage place approved by a municipality at any time before the expiration of the redemption period pursuant to § 111.11(B) of this chapter. However:
(a) A pawnbroker is permitted to return pledged goods to the borrower at any time during the redemption period; and
(b) A pawnbroker is permitted to sell the pledged goods or remove the pledged goods from the pawnshop premises or other storage at any time after the expiration of the redemption period set forth in § 111.11(B) of this chapter; and
(c) A pawnbroker who purchases goods not involving a pawn transaction is permitted to sell or remove the purchased goods from the pawnshop premises or other storage thirty-one (31) days or later from the purchase transaction date.
(E) Disposition of articles.
(1) When an article of pawned or pledged properly is redeemed from a licensee, the records shall contain an account of the redemption with the date, interest charges accrued, and the total amount for which the article was redeemed.
(2) When an article of purchased or forfeited property is sold or disposed of by a licensee and the licensee receives one hundred dollars ($100) or more in payment thereof, the records shall contain an account of the sale with the date, the amount for which the article was sold, and the full name, current address and telephone number of the person to whom sold.
(F) Exceptions to reports. No licensee shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the Chief Law Enforcement Officer on demand.
(Ord. 427, passed 11-18-2014)