Loading...
(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
Any license under this section may be denied, suspended or revoked for one or more of the following reasons:
(A) The proposed use does not comply with any applicable zoning code;
(B) The proposed use does not comply with any health, building, building maintenance or other provisions of this code of ordinances or state law;
(C) The applicant or licensee has failed to comply with one or more provisions of this section;
(D) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information;
(E) Fraud, misrepresentation or bribery in securing or renewing a license;
(F) Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant’s business;
(G) Violation within the preceding five years, of any law relating to theft, damage or trespass to property, sale of a controlled substance or operation of a business; and/or
(H) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this section.
(1992 Code, § 486:22) (Ord. 1323, passed 7-15-2003)
A license under this section authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the Police License Inspector may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with § 118.052 of this chapter. All provisions of this section regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all federal, state, county and municipal laws, statutes, regulations and ordinances. The licensee must either own the building in which the business is conducted, and any approved off-site storage facility, or have a lease on the business premises that extends for more than six months.
(1992 Code, § 486:23) (Ord. 1323, passed 7-15-2003)
SOLICITORS AND PEDDLERS
Loading...