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(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)
At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in § 118.056 of this chapter, during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this section or other applicable laws.
(1992 Code, § 486:19) (Ord. 1323, passed 7-15-2003)
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