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(A) The Police Department shall investigate into the truthfulness of the statements set forth in the application and shall endorse the findings thereon.
(B) The applicant shall furnish to the police such evidence as the inspector may reasonably require in support of the statements set forth in the application.
(1992 Code, § 486:09) (Ord. 1323, passed 7-15-2003)
No licenses under this section will be issued to an applicant who is a natural person, a partnership if such applicant has any general partner or managing partner, a corporation or other organization if such 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; or
(B) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat. § 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 section as prescribed by Minn. Stat. § 364.03, Subd. 3, as it may be amended from time to time.
(1992 Code, § 486:11) (Ord. 1323, passed 7-15-2003)
Before a license will be issued, every applicant must furnish a $5,000 surety bond executed by a surety company authorized to do business in the state, approved by the city. 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 City Administrator.
(1992 Code, § 486:12) (Ord. 1323, passed 7-15-2003)
(A) 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 the Police Department:
(1) 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;
(2) The purchase price, amount of money loaned upon or pledged therefor;
(3) The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges;
(4) 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;
(5) Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair;
(6) The identification number from any of the following forms of identification of the person from whom the item was received:
(a) Current valid Minnesota driver’s license;
(b) Current valid Minnesota identification card; or
(c) Current valid driver’s license or other photo identification card issued by another state or province of Canada.
(7) The signature of the person identified in the transaction;
(8) The licensee must also take a digitized color photograph and digitize color video recordings of a quality acceptable to the Police Department of:
(a) Each customer involved in a billable transaction; and
(b) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.
(9) The licensees must fulfill the color photograph requirements in this section by submitting them as digital images, in a format specified by the city, electronically cross-referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required digitized video recordings, this provision does not alter or amend the requirements in division (A)(8) above. All digitized photographs taken must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such 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. A digitized video photograph must also be taken and 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 digitized 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 that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for 12 months.
(B) For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction and the type of transaction.
(C) (1) The records must at all reasonable times be open to inspection by the Police Department.
(2) Data entries shall be retained for at least three years from the date of transaction.
(3) Entries of required digital images shall be retained a minimum of 90 days.
(1992 Code, § 486:13) (Ord. 1323, passed 7-15-2003; Ord. 1400, passed 9-19-2006)
(A) Effective no later than 60 days after the Police Department provides licensees with the current version of the automated pawn system interchange file specification, licensees must submit every reportable transaction to the Police Department daily in the following manner.
(1) Licensees must provide to the Police Department all reportable transaction information by transferring it from their computer to the automated pawn system via modem using the current version of the automated pawn system interchange file specification. 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 city. Any transaction that does not meet the automated pawn system interchange file specification must be corrected and resubmitted the next business day. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs patrons that all transactions are reported to the Police Department daily.
(2) Licensees shall be charged for each billable transaction reported to the Police Department.
(3) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the Police Department, upon request, printed copies of all reportable transactions along with the video tape(s) for that date, by noon the next business day.
(4) 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 continue to provide the required reports as detailed in this section, and shall be charged a $50 reporting failure penalty, daily, until the error is corrected.
(5) If the problem is determined to be outside the licensee’s system, the licensee must continue to provide the required reports in this section, and resubmit all such transactions via modem when the error is corrected.
(6) If a licensee is unable to capture, digitize or transmit the photographs required in this section, 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 the Police Department upon request.
(7) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading its reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.
(B) Notwithstanding divisions (A)(2) through (A)(5) above, the Police Department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.
(1992 Code, § 486:14) (Ord. 1323, passed 7-15-2003)
(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 pledger or seller:
(a) Current valid Minnesota driver’s license;
(b) Current valid Minnesota identification card; and
(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 approximate sex, 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 Minn. Stat. § 325J.04, Subd. 2, as it may be amended from time to time, or any other applicable statutes.
(1992 Code, § 486:15) (Ord. 1323, passed 7-15-2003)
(A) (1) 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 60-day holding period, items may not be removed from the licensed location, except as provided in § 118.056 of this chapter.
(2) Licensees are prohibited from redeeming any item to anyone other than:
(a) The person to whom the receipt was issued;
(b) To any person identified in a written and notarized authorization to redeem the property identified in the receipt;
(c) To a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger; or
(d) With approval of the Police License Inspector.
(3) Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with § 118.047 of this chapter.
(1992 Code, § 486:16)
(B) Any item purchased or accepted in trade 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.
(1992 Code, § 486:17)
(Ord. 1323, passed 7-15-2003)
(A) 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 law enforcement 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 (B) below, whichever comes first.
(B) 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 issued unless the Chief of Police or the Chief’s designee determines the hold is still necessary and notifies the licensee in writing.
(C) Order to confiscate.
(1) If an item is identified as stolen or evidence in a criminal case, the Chief or Chief’s designee may:
(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 (B) above, and leave it in the shop.
(2) When an item is confiscated, the law enforcement officer 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.
(3) When an order to hold/confiscate is deemed no longer necessary by the Chief of Police, the Chief or Chief’s designee shall notify the licensee.
(1992 Code, § 486:18) (Ord. 1323, passed 7-15-2003)
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