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(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)
Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop’s records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the Police Department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used.
(1992 Code, § 486:20) (Ord. 1323, passed 7-15-2003)
(A) No person under the age of 18 years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of 18 years.
(B) No licensee may receive any goods from a person of unsound mind or an intoxicated person.
(C) No licensee may receive any goods, unless the seller presents identification in the form of a valid driver’s license, a valid State of Minnesota identification card or current valid photo driver’s license or identification card issued by the state of residency of the person from whom the item was received.
(D) No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed.
(E) No person may pawn, pledge, sell, consign, leave or deposit any article of property not his or her own; nor shall any person pawn, pledge, sell, consign, leave or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave or deposit any article of property in which another has a security interest.
(F) No person seeking to pawn, pledge, sell, consign, leave or deposit any article of property with any licensee shall give a false or fictitious name or date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification or the identification of another to any licensee.
(1992 Code, § 486:21) (Ord. 1323, passed 7-15-2003) Penalty, see § 118.999
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