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(A) Definition. USED METAL DEALER means a person who keeps, conducts or maintains a building, structure, yard or place for keeping, storing or piling in commercial quantities whether temporarily, irregularly or continually, or for buying or selling at retail or wholesale or dealing in any old, used or second-hand rubber, iron, brass, copper or other metal, including used parts of motor vehicles, whether with a fixed place of business or as an itinerant.
(B) License required. It is unlawful for any person to engage in the business of, or operate as, a used metal dealer without a license therefor from the city.
(C) Bond required. Each applicant for a license under this section shall be accompanied by a bond in the penal sum of $1,000 conditioned on the licensee strictly keeping and of serving all provisions of the city code and other laws relating to the licensed business.
(D) License regulations and restrictions.
(1) In addition to the Chief of Police, the premises proposed to be licensed shall be inspected by the Fire Chief and the Building Official to determine whether or not the business can be safely and lawfully operated thereon. The premises and all structures thereon shall be so situated and constructed that the business of used metal dealer may be carried on in a sanitary manner, shall contain no fire hazards, and shall be arranged so that thorough inspection may be made at any time by the proper health, fire, building and police authorities.
(2) Each of the premises upon which the business is to be earned on shall be enclosed by a proper fence or other structure not less than seven feet in height, constructed so that no dust or other material may pass through. The enclosure shall be maintained in good condition at all times. No article shall be piled so as to protrude above the enclosure.
(3) No applicant to whom a license has been refused, shall make further application until a period of at least six months shall have elapsed since the last previous rejection unless he or she can show that the reason for the rejection no longer exists.
(4) No license as a used metal dealer shall be granted to any person who has been convicted within two years of the date of application of a violation of this section; nor to any person who has within five years of the date of application been convicted of a felony.
(5) The issuance of a license shall not entitle the holder thereof to buy, sell, keep, store, pile or deal in any old, used or second-hand material of any kind other than the materials listed in division (A) above.
(6) No licensee shall remove his or her place of business from the place designated in the license until a written permit has been secured from the city and the same shall have been endorsed upon the license.
(7) No used metal dealer shall carry on the business at or from any other place than the one designated in the license therefor. Nor shall the business be carried on after the license has been revoked or has expired. No used metal dealer shall make any purchase from any person, or receive any articles, between the setting of the sun and 7:00 a.m. in the morning. No used metal dealer shall purchase or acquire from a person under the age of 18 years any of the materials listed in division (A) above, without the written consent of a parent or guardian. No items shall be acquired from any intoxicated person.
(8) The contents of the premises of every used metal dealer shall be arranged in an orderly manner with all similar things located together so as to facilitate inspection by the proper authorities. The premises of every used metal dealer shall be subject to inspection by the city at any time. All articles received shall be retained for ten days before disposal.
(9) It is the duty of every licensee hereunder to keep in such form as the Chief of Police may prescribe, a record of articles purchased and sold, including an accurate description of parts and accessories of wrecked motor vehicles, the name and residence of the person from whom each article was purchased and the day and hour of the purchase and the price paid.
(10) No person shall knowingly buy, sell, receive, dispose of, conceal or have in his or her possession any motor vehicle part or accessory from which the manufacturer’s serial number or any other number or identification mark has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the vehicle, part or accessory. Every person to whom is offered for sale, storage or wreckage any motor vehicle, part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer’s serial number or any other number or identification mark shall immediately notify the Chief of Police of the offer.
(11) If any goods, articles or things whatsoever shall be advertised in any newspaper printed in the city, as having been lost or stolen, and the same, or any answering the description advertised, or any part or portion thereof shall be or come into possession of any used metal dealer, he or she shall give information thereof, in writing to the Chief of Police, and state from whom the same was received. Any used metal dealer who shall have received any goods, articles or things lost or stolen, shall exhibit the same on demand to any police officer.
(A) Findings. The Council has determined that regulation of massage parlors and other adult service establishments is necessary in order to prevent and eliminate abuses against the public health, safety and morals of the residents of the city for the reasons hereafter stated. The Council finds that potential for crimes against residents of the city which is associated with and arises out of activities of adult service establishments and the need for the residents of the city to be secure and safe in their homes, businesses or accommodations requires the regulation. The presence of adult service establishments in the city will increase the burden upon law enforcement personnel in order to prevent abuse, fraud, deception and detrimental hygienic conditions if adult service establishments are allowed to develop unregulated. It is necessary to the social and economic well being of the community that a sound and upstanding reputation for safety, health and morals be maintained by both the residents of the city and visitors thereto. The Council takes notice of the problems presented to law enforcement and health department agencies by the use of outcall adult services. Outcall adult services are a health hazard in that they possess a great potential for the spread of communicable diseases which could be detrimental to the health, safety and welfare of the residents of, and visitors to, the city. It is the further intention of the Council that, by this regulation, the possibility of prostitution and related illegal activities be minimized at legitimate adult service establishments.
(B) Scope and interpretation. The intent of this section is to protect the public safety, health and morals. This regulation of adult service establishments will be by controlling locations and licensing the operations. It is the intent of the Council to control to some degree the undesirable and deleterious side effects that accompany the location of adult service establishments in or near residential neighborhoods.
(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT SERVICE ESTABLISHMENT. Any establishment having a source of income, derived from the practice of therapeutic services or services reputed to be therapeutic, including, but not limited to, saunas and rap or massage parlors, whether or not the services are offered by a person of the same sex as the customer or client of the establishment, and whether or not the reputed therapeutic service offered is physical or psychological. Further, it is any such business that has a fixed place of doing business where any person engages in or carries on any such activities, except establishments practicing medicine, chiropractic or other service professions licensed or regulated by the state.
MASSAGE. Any method of pressure on or friction against or stroking, kneading, nibbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of mechanical electrical apparatus or appliances with or without such supplementary aid as nibbing alcohol, liniment, antiseptics, oil, powder, creams, lotions, ointments or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration of any gratuity therefor.
PERMITTEE. Any person who in the course of any employment either directly or indirectly engages in the practices of massage or any other physical or psychological therapeutic treatment, or treatment reputed to be therapeutic, except one who practices medicine, chiropractic or other service professions licensed or regulated by the state.
(D) Location. Adult service establishments shall be located only in those areas within the city which are zoned as follows: Shopping Business District. No adult service establishment shall be located within 500 feet of any residential, religious, charitable or education use or land zoned therefor, nor shall any adult service establishment be located within 500 feet of another adult service establishment or within 500 feet of an adult establishment as defined in this section. The distance is to be measured from the edge of the lot on which the adult service establishment premises are located to the nearest edge of the other use or zoning district.
(E) Hours. The hours for the operation of any adult service establishment shall be limited to 9:00 a.m. to 5:00 p.m. each weekday, and closed on Sunday.
(F) Minors. No adult service establishment shall employ minors, nor shall it admit any minors onto its premises. No licensee or permittee shall render any service to a minor.
(G) Non-discriminatory. Any adult service establishment shall employ and have on duty at all times a substantially equal number of persons of either sex. No discrimination shall be carried on in either the employment or business practices of the adult service establishment on grounds of race, creed, color or sex.
(H) License required. It is unlawful for any person to engage in the business or operate an adult service establishment, unless the adult service establishment is currently licensed pursuant to the city code.
(I) Application for license. Every application for license shall be filed with the City Clerk on a form provided by the city and shall contain the following information:
(1) The exact nature of the activities to be conducted;
(2) The proposed place of business;
(3) Full description of facilities for the proposed place of business;
(4) The name and address of each applicant;
(5) The applicant’s prior addresses for the past five years;
(6) Proof that the applicant is at least 18 years of age;
(7) The applicant’s height, weight, color of eyes and hair;
(8) Two portrait photographs of the applicant of the dimensions of at least two inches by two inches;
(9) The business and occupational employment of the applicant for the three years immediately preceding the date of application;
(10) The massage or similar business license history of the applicant; whether the person, in previously operating in any other city or state has had a business license revoked or suspended, and the reason therefor; the business activity or occupation subsequent to such action of suspension or revocation;
(11) All criminal convictions, except traffic parking violations;
(12) Applicant, if a natural person, must furnish a diploma or certificate of graduation from a recognized school, or other institution of learning wherein the method, profession and work of physical or psychological therapy is taught; provided, however, that, if the applicant himself or herself will not engage in the practice of physical or psychological therapy, he or she need not possess the diploma or certificate. Nothing herein contained shall be to deny the city the right to request fingerprints and additional photographs of the applicant. Nor shall anything contained herein be construed to deny the right of the city to confirm the height and weight of the applicant;
(13) If the applicant is a corporation, the application shall contain the name of the corporation exactly as shown on its articles of incorporation; the names and residences of each of the officers, directors and each shareholder holding more than 5% of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and address and residence of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate application shall apply;
(14) If the applicant is a natural person, he or she must provide the names, current addresses and sworn affidavits of at least five bona fide permanent residents of the state that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county and then the state;
(15) The location of the business premises; and
(16) Other information as the Council may require.
(J) Falsification of information. Any falsification of information on the license is unlawful and shall result in a denial of the license.
(K) Subsequent changes in license application information. It shall be the continuing duty of each licensee to properly notify the City Clerk of any change in the information or facts required under this section to be furnished on the application for license. This duty shall continue through the period of the license. Failure to comply with this division (K) shall constitute cause for revocation or suspension of the license.
(L) Permit required. Any person who desires to engage in the practice of physical or psychological therapy, unless otherwise exempted, shall first obtain a permit from the city.
(M) Application for permit. Every application for permit shall be filed with the City Clerk. Each application shall be made on a form provided by the city and shall contain the following information:
(1) The name and address, and all names, nicknames and aliases by which the applicant has been known;
(2) The applicant’s Social Security number, driver’s license number, if any, and date of birth;
(3) Applicant’s weight, height, color of hair and color of eyes;
(4) Written evidence that the applicant is at least 18 years of age;
(5) The business, occupation or employment of the applicant for the past three years immediately preceding the date of application;
(6) Whether the applicant has ever been convicted of any crime other than traffic parking violations. If the applicant has been so convicted, a statement must be made giving the place and court in which the conviction was had, the specific charge under which the conviction was obtained and the sentence imposed as a result of the conviction;
(7) The name and address of the recognized school attended, the dates attended and a copy of the diploma, or certificate of graduation awarded to the applicant showing the applicant has completed not less than 500 hours of instruction. No more than 250 of these hours can be in that form of instruction commonly referred to as “on the job training”;
(8) The city shall have the right to take fingerprints and a photograph of the applicant and retains the right to confirm the information submitted;
(9) The names, current addresses and written statements of at least five bona fide permanent residents of the state other than relatives that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county and then the state; and
(10) In addition to the above information, the applicant shall furnish written evidence that he or she has been examined by a physician and has been certified as free from communicable diseases. The evidence shall be furnished to the City Clerk on a semi-annual basis to correspond with the renewal of the permit. The permittee shall notify the City Clerk of each change in any of the dates required to be furnished by this division (M)(10) within ten days after the change occurs.
(N) Falsification of information on permit. Any falsification of information on the permit application is unlawful and shall result in the denial of the permit.
(O) Subsequent changes in permit application information. It shall be the continuing duty of each permittee to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for permit. This duty shall continue throughout the permit period of the permit, and failure to comply with this division (O) shall constitute cause for revocation or suspension of the permit.
(P) Execution of application. All applications for licenses and permits shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by the person; if by a corporation, by the officer thereof; if by a partnership, by one of the partners; and, if by an incorporated association, by the manager or managing director thereof.
(Q) Persons ineligible for a license or permit. No license or permit under this section shall be issued to an applicant who:
(1) Is under 18 years of age;
(2) Is an alien; and/or
(3) Has been convicted of a felony or other crime or violation involving moral turpitude.
(R) Granting of license or permit; renewals. The Chief of Police and other consultants who have investigated the initial application shall make a written recommendation to the Council as to the issuance or non-issuance of the license or permit. The Council may order and conduct an additional investigation as it deems necessary. Upon receipt of the written report and recommendation by the Chief of Police, and within 20 days thereafter, the Council shall instruct the City Clerk to cause to be published in the official newspaper notice of a hearing to be held by the Council. This notice shall be published at least ten days in advance of the hearing. The notice shall set forth the day, time and place where the hearing will be held. The notice shall also include the name of the applicant, the premises where the business is to be conducted, the nature of the business and other information as the Council may direct. An initial license shall not be approved by the Council prior to the next regular meeting of the Council following the public hearing. Not less than ten days, nor more than 30 days, after the date for submitting a renewal application, the Council shall hold a public hearing regarding the grantee of a renewal. Notice of the time and place of the hearing and the fact that a renewal application shall be considered shall be published in the official newspaper ten days in advance of the hearing. The opportunity shall be given to any person to be heard for or against the granting of a renewal license or permit by the Council.
(S) Revocation of license or permit.
(1) Mandatory. Any conviction of a licensee, permittee, managing officer or controlling stockholder of licensee of a crime or violation involving moral turpitude shall result in the revocation of any license or permit issued hereunder.
(2) Discretionary. The Council may suspend or revoke a license or permit issued under this section upon a finding of violation of any of the conditions or provisions of this section or upon violation of any other provision of the city code or state statute regarding adult service establishments. The following shall be considered grounds for revocation or suspension:
(a) If the licensee fails to comply with the city code or statutes pertaining in any fashion to adult service establishments;
(b) If the licensee, or any of the licensee’s employees, are found to be in possession or control of any alcoholic beverages, or narcotic drugs or controlled substances on the premises of the adult service establishments, possession of which is illegal as defined by statutes or the city code; and
(c) If any employees of an adult service establishment are convicted of any city code provision or state statute violation arising within the adult service establishment.
(T) Conditions of license or permit. No licensee or permittee shall conduct or solicit business within the limits of the city while under suspension or following revocation of license or permit by the Council.
(U) Identification name plate. The licensee of any adult service establishment shall provide permittees employed by him or her with an identification name plate. The name plate shall contain a photograph of the permittee with the full name and permit number assigned to the permittee which must be worn on the front of the outermost garment at all times during the hours of operation of any adult service establishment.
(V) Licensee’s responsibility for employment of permittees. It shall be the responsibility of the licensee and any person or employee designated by the licensee to ensure that each person employed as a permittee shall at all times have a valid permit pursuant to this section.
(W) Register of employees. The licensee of an adult service establishment shall maintain a register containing the names and current addresses of all persons employed at the time as permittees with their permit numbers. The register shall be available at the adult service establishment to the representatives of the city during regular business hours.
(X) Inspection. The city shall from time to time, but at least twice a year, make an inspection of each adult service establishment in the city for the purpose of determining compliance with the provisions of this section.
(Y) Construction, maintenance and operating requirements. No license to conduct an adult service establishment shall be issued unless an inspection by the city reveals that the establishment complies with each of the following minimum requirements.
(1) Construction of rooms used for toilets, tubs, steam baths and showers shall be made water- proof with approved water-proofed material and shall be installed in accordance with the Building Code. Plumbing fixtures shall be installed in accordance with the Plumbing Code.
(a) Steam rooms and shower compartments shall have water-proofed floors, walls and ceilings approved by the city.
(b) Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. (Exception: dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.)
(c) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
(2) Toilet facilities must be provided in convenient locations. When five or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for toilets after one toilet has been provided. All toilet rooms shall be equipped with self-closing doors opening in the direction of ingress to the toilet room. Toilets shall be designated as to the sex accommodated therein.
(3) Lavatories or wash basins shall be provided with both hot and cold running water and installed in either the toilet room or vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. All electrical equipment shall be installed in accordance with the requirements of the Building Code.
(4) Every portion of an adult service establishment including appliances, apparatus and personnel, shall be kept in a clean and sanitary condition.
(5) All employees shall wear clean outer garments whose use is restricted to the adult service establishment. Provisions of a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to the dressing rooms shall open inward and be self- closing.
(6) All adult service establishments shall be provided with clean, laundered sheets and towels in a sufficient quantity and shall be laundered after each use thereof and stored in approved sanitary manner. No towels or sheets shall be laundered or dried in any adult service establishment, unless the establishment is provided with approved laundry facilities for the laundry and drying. Approved receptacles shall be provided for the storage of soiled linens and paper towels.
(7) Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.
(8) No adult service establishment licensed under the provisions of this section shall place, publish or distribute or cause to be placed, published or distributed, any advertisement picture or statement which is known, or through the exercise of reasonable care should be known, to be false, deceptive or misleading in order to induce any person to purchase or utilize any services rendered by said adult service establishment.
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
BILLABLE TRANSACTION. Every reportable transaction conducted by a pawnbroker is a billable transaction except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee’s possession, voided transactions and confiscations.
PAWNBROKER. Any natural person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property, or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker’s business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable. This definition shall exclude bondsmen and brokers.
REPORTABLE TRANSACTION. Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software, or an item is confiscated by law enforcement, is reportable, except:
(a) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of the merchandise; provided, the pawnbroker must maintain a record of the purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record; and
(b) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired.
(B) License fees.
(1) The annual license fees for licenses issued under this chapter shall be $1 per transaction payable to the city to be forwarded to the state for the use of their program. No other fees shall be charged for one year after which the City Council shall review the ordinance and make a determination as to the appropriate payment.
(2) The billable transaction license fee shall reflect the cost of processing transactions and other related regulatory expenses as determine by the City Council, and shall be reviewed and adjusted, if necessary, annually. Licensees shall be notified in writing 30 days before any adjustment is implemented.
(3) Billable transaction fees shall be billed monthly and are due and payable within 30 days. Failure to do so is a violation of this section.
(C) Application required. The requirements detailed here are intended to provide licensing authorities adequate information to make a good decision regarding the applicant(s):
(1) If the applicant is a natural person:
(a) The name, place and date of birth, street resident address and phone number of applicant;
(b) Whether the applicant is a citizen of the United States or resident alien;
(c) Whether the applicant has ever used or has been known by a name other than the applicant’s name and, if so, the name or names used and information concerning dates and places used;
(d) The name of the business if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by M.S. § 333.01, as it may be amended from time to time;
(e) The street address at which the applicant has lived during the preceding five years;
(f) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years and the name(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the proceeding five years;
(g) Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place and offense of all such convictions;
(h) The physical description of the applicant; and
(i) If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in divisions (C)(1)(a) through (C)(1)(h) above.
(2) If the applicant is a partnership:
(a) The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in division (C)(1) above;
(b) The name(s) of the managing partner(s) and the interest of each partner in the licensed business;
(c) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to M.S. § 333.01, as it may be amended from time to time, a certified copy of such certificate must be attached to the application; and
(d) If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in divisions (C)(2)(a) through (C)(2)(j) above.
(3) If the applicant is a corporation or other organization:
(a) The name of the corporation or business firm and, if incorporated, the state of incorporation;
(b) A true copy of the certificate of incorporation, articles of incorporation or association agreement and by-laws shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required by M.S. § 303.06, as it may be amended from time to time, must be attached;
(c) The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor or agent required in divisions (C)(1)(a) through (C)(1)(h) above; and
(d) A list of all persons who control or own an interest in excess of 5% in such organization or business from or who are officers of the corporation or business firm and all information concerning the persons required in division (C)(1) above. This division (C)(3)(d), however, shall not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it.
(4) For all applicants:
(a) Whether the applicant holds a current pawnbroker, precious metal dealer or second- hand goods dealer “license from any other governmental unit;
(b) Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer or second-hand dealer license from any other governmental unit;
(c) The location of the business premises;
(d) If the applicant does not own the business premises, a true and complete copy of the executed lease;
(e) The legal description of the premises to be licensed;
(f) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid and, if not paid, the years and amounts that are unpaid;
(g) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed; and
(h) Other information as the City Council or issuing authority may require.
(D) New manager. When a licensee places a manager in charge of a business or, if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate application within 14 days. The application must include all appropriate information required in this section. Upon completion of an investigation of a new manager, the licensee must pay an amount equal to the cost of the investigation to assure compliance with this section.
(E) Application execution. All applications for a license under this section must be signed and sworn to under oath or affirmation by the applicant. If the application is that of a natural person, it must be signed and sworn to by the person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and, if that of an unincorporated association, by the manager or managing officer thereof.
(F) Investigation. The Police Department must investigate into the truthfulness of the statements set forth in the application and shall endorse the findings thereon. The applicant must furnish to the Police Department evidence as the inspector may reasonably require in support of the statements set forth in the application.
(G) Public hearing. The Council member may request a public hearing at Council or in the evening hours at a location in the approximate vicinity of the proposed location.
(H) Persons ineligible for a license. No licenses under this section will be issued to an applicant who is a natural person, a partnership if the applicant has any general partner or managing partner, a corporation or other organization if the applicant has any manager, proprietor or agent in charge of the business to be licensed, if the applicant:
(1) Is a minor at the time that the application is filed;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 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 chapter as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time; or
(3) Is not of good moral character or repute.
(I) Bond required.
(1) Before a license will be issued, every applicant must submit a $1,000 bond on the forms provided by the licensing authority.
(2) 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.
(3) 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 licensing authority.
(J) Records required. At the time of any reportable transaction other than renewals, extensions, redemptions or confiscations, 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 and state of issue from any of the following forms of identification of the seller:
(a) Current valid Minnesota driver’s license;
(b) Current valid Minnesota identification card; and
(c) Current valid photo identification card issued by another state, province of Canada or foreign country.
(7) The signature of the person identified in the transaction;
(8) (a) Effective 60 days from the date of notification by the Police Department of acceptable video standards the licensee must also take a color photograph or color video recording of:
1. Each customer involved in a billable transaction; and
2. Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.
(b) If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. The photographs must be available to the Public Safety Director, or the Public Safety Director’s designee, upon request. The major portion of the photograph must include an identifiable facial image 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. If a video photograph is taken, the video camera must focus on the person paying or selling the item so as to include an identifiable image of that person’s face. Items photographed by 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 by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three months.
(9) Digitized photographs. Effective 60 days from the date of notification by the Police Department licensees must fulfill the color photograph requirements in division (J)(8) above by submitting them as digital images, in a format specified by the issuing authority, electronically cross- referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not alter or amend the requirements in division (J)(8) above.
(K) Renewals, extensions, redemptions and confiscations. For renewals, extensions, redemptions and confiscations the licensee shall provide the original transaction identifier, the date of the current transaction and the type of transaction.
(L) Inspection of records. The records must at all reasonable times be open to inspection by the Police Department or Department of Licenses and Consumer Services. Data entries shall be retained for at least three years from the date of transaction. Entries of required digital images shall be retained a minimum of 90 days.
(M) Daily reports to police.
(1) General. 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: 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 issuing authority. 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) Billable transaction fees. Licensees will be charged for each billable transaction reported to the Police Department.
(a) 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.
(b) If the problem is determined to be outside the licensee’s system, the licensee must continue to provide the required reports in division (M)(2)(a) above and resubmit all transactions via modem when the error is corrected.
(c) If a licensee is unable to capture, digitize or transmit the photographs required in division (J) above, 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.
(d) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.
(e) Divisions (M)(2)(a) through (M)(2)(c) above notwithstanding, the Police Department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.
(N) Receipt required. 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. 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 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 M.S. § 325J.04, subd. 2, as it may be amended from time to time, or any other applicable statutes.
(O) Redemption period. (M.S. Ch. 325J, as it may be amended from time to time, allows communities to set minimum redemption period at no less than 60 days. Ninety days is more common). Any person pledging, pawning or depositing an item for security must have a minimum of 90 days from the date of that transaction to redeem the item before it may be forfeited and sold. During the ninety (90) day holding period, items may not be removed from the licensed location, except as provided in division (V) below. Licensees are prohibited from redeeming any item to anyone other than the period to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the Public Safety Director, or the Public Safety Director’s designee. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with division (J) above.
(P) Victims to report their loss and law enforcement to make comparisons. Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for seven 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.
(Q) Police order to hold property.
(1) 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 investigate hold shall be confirmed in writing by the originating 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 (Q)(2) below, whichever comes first.
(2) Order to hold. Whenever the Public Safety Director, or the Public Safety Director’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 Public Safety Director or the Public Safety Director’s designee. The order to hold shall expire 90 days from the date it is placed unless the Public Safety Director or the Public Safety Director’s designee determines the hold is still necessary and notifies the licensee in writing.
(3) Order to confiscate.
(a) If an item is identified as stolen or evidence in a criminal case, the Public Safety Director, or the Public Safety Director’s designee, may:
1. Physically confiscate and remove it from the shop, pursuant to a written order from the Public Safety Director or the Public Safety Director’s designee; or
2. Place the item on hold or extend the hold as provided in division (Q)(2) above and leave it in the shop.
(b) When an item is confiscated, the person 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.
(c) When an order to hold/confiscate is no longer necessary, the Public Safety Director, or the Public Safety Director’s designee, shall so notify the licensee.
(R) Inspection of items. 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 division (V) below, during normal business hours, except in an emergency, for the purpose of inspecting the premises and inspecting items, ware and merchandise and records therein to verify compliance with this section or other applicable laws.
(S) Label required. 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 reused.
(T) Prohibited acts.
(1) 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.
(2) No licensee may receive any goods from a person of unsound mind or an intoxicated person.
(3) 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 or providence of residency of the person from whom the item was received.
(4) 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.
(5) 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, lease 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; with any licensee.
(6) 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; nor give a false 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.
(U) Denial, suspension or revocation. Any license under this chapter may be denied, suspended or revoked for one or more of the following reasons:
(1) The proposed use does not comply with any applicable zoning code;
(2) The proposed use does not comply with any health, building, building maintenance or other provision of this code of ordinances or state law;
(3) The applicant or licensee has failed to comply with one or more provisions of this section;
(4) 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;
(5) Fraud, misrepresentation or bribery in securing or renewing a license;
(6) Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant’s business;
(7) 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
(8) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this section.
(V) Business at only one place. 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 Public Safety Director, or the Public Safety Director’s designee, may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with division (R) above. All provisions of this section regarding recordkeeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the city code.
(W) Separability. Should any division, clause or other provision of this section be declared by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the section as a whole or any part other than the part so declared invalid.
(Adopted 5-23-2006; effective 9-1-2006)
(A) Definition. SECOND-HAND GOODS DEALER means a person engaging in the business of buying or selling or both of second-hand goods of any kind excepting goods and merchandise defined as junk or used metal under the city code, used, wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled and goods and merchandise taken as part or full payment for new goods and merchandise.
(B) License required. It is unlawful for any person to engage in the business of, or operate as, a second-hand goods dealer without a license therefor from the city.
(1) Each license shall be issued only to the applicant for the premises described in the application.
(2) Not more than one license shall be directly or indirectly issued within the city to any one person.
(3) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid.
(4) No license shall be issued for any place or any business ineligible for a license under state law.
(5) No license shall be granted within 500 feet of any other licensed second-hand goods dealer. The distance is to be measured from the closest side of the existing licensed facility to the closest side of the newly licensed structure or the premises within which secondhand goods are to be sold.
(6) No license shall be issued to a person for operation of a second-hand goods dealer in a zoning district where the operation is not permitted or otherwise allowed under Ch. 11 of the City Code.
(C) Bond. An applicant for a second-hand goods dealer’s license shall file a bond in the penal sum of $1,000. All such bonds shall be conditioned that the principal named therein will observe all laws in relation to dealers in second-hand goods and conduct his or her business in conformity thereto, and that he or she will account for and deliver to any person legally entitled thereto, any goods, wares or merchandise, article or thing, which may have come into his or her hands through his or her business as such dealer in second-hand goods, or in lieu thereof will pay in money to the person.
(D) Records required. Every person who shall be engaged in the business of dealer in second-hand goods shall keep a book in which shall be clearly written in ink, at the time of each purchase, an accurate account or description, in the English language, of the goods, article or other thing purchased, the amount of money paid therefor, the time of the receipt of the same, the name, residence and description of the person selling the same. The book, as well as the article purchased, shall at all reasonable times be open to the inspection of the Mayor or any member of the police force.
(E) Receipts required. Every such dealer in second-hand goods purchasing or receiving any article or personal property shall give to the person selling the article or personal property a plain written or printed ticket or receipt for the article or personal property so sold, showing the terms of the sale and a copy of the entries in his or her book above required relating to the sale.
(F) Reports to police. Every dealer in second-hand goods, upon being served with a written notice to do so by a member of the Police Department, shall make out and deliver to the Chief of Police, upon blank forms to be furnished by the Police Department by the end of the second business day following the service exclusive of the day of the service, a legible correct copy from the book, of all personal property or other valuable things received or purchased during the time period specified in the notice together with the date when purchased and the name, address and description of the person or persons from whom the same were purchased; provided that, no person shall be required to furnish the description of any property purchased from merchants, manufacturers or wholesale dealers having an established place of business, or of goods purchased at open sale from any bankrupt stock. But the property and goods must be accompanied by a bill of sale or other evidence of open or legitimate purchase, which must be shown to the Mayor or other member of the police force when demanded.
(G) Required holding period. No personal property purchased by any dealer in second-hand goods shall be sold or disposed of in any way within the period of ten days next after the delivery to the Chief of Police of the copy and statement relating thereto.
(H) Police order to hold property. Whenever the Chief of Police, or any member of the police force designed by the Chief of Police, shall notify any such dealer or dealers not to sell any property so purchased by them, the property shall not be sold until such time as may be determined by the Chief of Police or member of the police force designated by the Chief of Police so requiring them to be held.
(I) Hours.
(1) From 9:00 p.m. Saturday to 7:00 a.m. Monday, no property shall be received as a purchase by any dealer; nor shall any property, except personal wearing apparel be sold during the hours by any dealer, nor on any other day before 7:00 a.m., nor on any day after 9:00 p.m.
(2) Further, no dealer in second-hand goods shall be open for business on the following holidays: New Year’s Day; Memorial Day; Fourth of July; Labor Day; Thanksgiving Day; and Christmas Day.
(J) Minors; prohibitions. No person under the age of 18 years, except with the written consent of the parent or guardian of the minor to each particular transaction, shall sell any personal property or other valuable thing to any person licensed to do business under this section. No person under the age of 18 years shall represent to any person licensed under the provisions of this section, at the time of his or her selling of any personal property, that he or she is 18 years of age or over.
(Am. Ord. passed 8-22-2023)
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED TEAR GAS COMPOUND. A lachrymator or any substance composed of a mixture of a lachrymator, including chloroacetophenone, alphachloroacetophenone, phenylchloromethylketone, orthochlorobelzalmalononitrile or oleoresin capsicum, commonly known as tear gas.
ELECTRONIC INCAPACITATION DEVICES. A portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current. ELECTRONIC INCAPACITATION DEVICE does not include cattle prods, electric fences or other electric devices which are used in agricultural, animal husbandry or food production activities.
(B) License required. It is unlawful for any person to engage in the business of, or operate as, a tear gas and electronic incapacitation device dealer without a license therefor from the city.
(C) Restriction on issuance. No license shall be issued under this section for any premises which an on-sale license for the sale of beer, wine or liquor as defined in Ch. 5 of this code of ordinances, has been issued.
(D) Granting of licenses.
(1) Investigation and issuance. The Council with the assistance of the Chief of Police shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall grant or refuse the application.
(2) Person and premises licensed; transfer. Each license shall be issued to the applicant and for the premises described in the application. No license shall be transferred to another person and a license shall not be transferred to another place without approval of the Council.
(E) Conditions of license.
(1) In general. Every license is subject to the conditions stated in divisions (E)(2) and (E)(3) below and all other relevant provisions of this section and any other provisions of the city code or state law.
(2) Licensee’s responsibility. Every licensee is responsible for the conduct of his or her business in accordance with this section and applicable state laws. The act of any employee on the licensed premises in dealing with tear gas, tear gas compounds, authorized tear gas compounds and electronic incapacitation devices is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this section and the law equally with the employee.
(3) Record of sales. Each licensee shall maintain in his or her place of business a record of each sale of authorized tear gas compounds and electronic incapacitation devices made under his or her license. The record shall show for each sale the name and address of the purchaser, the date of purchase, the number of each authorized tear gas compounds and electronic incapacitation devices sold to the purchaser and the identification of the item, and information showing that, on the basis of answers made by the purchaser to written questions, the purchaser is eligible to make the purchase. A sample form giving all such information shall be prepared by the City Clerk after consultation with the Chief of Police, and a copy shall be made available to each licensee, but the licensee may prepare his or her own form so long as the required information appears thereon. The record shall be confidential, but shall be available for inspection at any time during business hours by any police officer or other properly designated officer or employee of the city.
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
LODGER. The person obtaining lodging from an operator.
LODGING. The furnishing for a consideration of lodging by a hotel, motel, short term rental, or rooming house, except where the lodging shall be for a continuous period of 30 days or more to the same lodger(s). The furnishing of rooms by religious, educational, or non-profit organizations shall not constitute LODGING for purposes of this section.
OPERATOR. A person who provides a lodging to any person.
RENT. The total consideration valued in money charged for lodging whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself.
(B) Imposition of tax. There is hereby imposed a tax of 3% on the rent charged by an operator for providing lodging to any person after 1-15-1988. The tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to the city. In no case shall the tax imposed by this section upon an operator exceed the amount of tax which the operator is authorized and required by this section to collect from a lodger.
(C) Collections. Each operator shall collect the tax imposed by this section at the tune the rent is paid. The tax collections shall be deemed to be held in trust by the operator for the city. The amount of tax shall be separately stated from the rent charged for the lodging and those persons paying the tax shall receive a receipt of payment from the operator.
(D) Exemptions. An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the city to tax. No exemption shall be granted, except upon a claim therefor made at the time the rent is collected and a claim shall be made in writing and under penalty of perjury on forms provided by the City Clerk. All claims shall be forwarded to the City Clerk when the returns and collections are submitted as required by this section.
(E) Advertising no tax. It is unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than $0.01 shall be considered an additional cent.
(F) Payment and returns.
(1) The taxes imposed by this section shall be paid by the operator to the City Clerk monthly not later than 25 days after the end of the month in which the taxes were collected. At the time of payment, the operator shall submit a return upon the forms and containing information as the City Clerk may require. The return shall contain the following minimum information:
(a) The total amount of rent collected for lodging during the period covered by the return;
(b) The amount of tax required to be collected and due for the period;
(c) The signature of the person filing the return or that of his or her agent duly authorized in writing;
(d) The period covered by the return; and
(e) The amount of uncollectable rental charges subject to the lodging tax.
(2) The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this section previously paid as a result of any transaction the consideration for which became uncollectable during the reporting period, but only in proportion to the portion of the consideration which became uncollectable.
(G) Examination of return, adjustments, notices and demands. The City Clerk shall, after return is filed, examine the same and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness. The tax computed on the basis of the examination shall be the tax to be paid. If the tax due is found to be greater than that paid, the excess shall be paid to the City Clerk ten days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City Clerk ten days after determination of the refund.
(H) Refunds. Any person may apply to the City Clerk for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period; provided that, no application for refund shall be considered unless filed within one year after the tax was paid, or within one year from the filing of the return, whichever period is the longer. The City Clerk shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to the person at the address stated upon the return. If the claim is allowed in whole or in part, the City Clerk shall credit the amount of the allowance against any taxes due under this section from the claimant and the balance of the allowance, if any, shall be paid by the City Clerk to the claimant.
(I) Failure to file a return.
(1) If any operator required by this section to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false or fraudulent return, the operator shall, upon written notice and demand, file the return or corrected return within five days of receipt of the written notice and shall, at the same time, pay any tax due on the basis thereof. If the person shall fail to file the return or corrected return, the City Clerk shall make a return or corrected return, for the person from the knowledge and information as the City Clerk can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by the return) shall be paid upon within five days of the receipt of written notice and demand for the payment. Any return or assessment made by the City Clerk shall be prima facie correct and valid, and the person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto.
(2) If any portion of a tax imposed by this section, including penalties thereon, is not paid within 30 days after it is required to be paid, the City Attorney may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action.
(3) Upon a showing of good cause, the City Clerk may grant an operator one 30-day extension of time within which to file a return and make payment of taxes as required by this section; provided that, interest during the period of extension shall be added to the taxes due at the rate of 10% per annum.
(J) Penalties.
(1) If any tax imposed by this section is not paid within the time herein specified for the payment, or any extension thereof, there shall be added thereto a specific penalty equal to 10% of the amount remaining unpaid.
(2) In case of any failure to make and file a return within the time prescribed by this section, unless it is shown that the failure is not due to willful neglect, there shall be added to the tax in addition to the 10% specific penalty provided in division (J)(1) above, 10% if the failure is for not more than 30 days with an additional 5% for each additional 30 days or fraction thereof during which the failure continues, not exceeding 25% in the aggregate. If the penalty as computed does not exceed $10, a minimum penalty of $10 shall be assessed. The amount so added to any tax shall be collected at the same time and the same manner and as a part of the tax unless the tax has been paid before the discovery of the negligence, in which case the amount so added shall be collected in the same manner as the tax.
(3) If any person willfully fails to file any return or make any payment required by this section, or willfully files a false or fraudulent return or willfully attempts in any manner to evade or defeat any such a tax or payment thereof, there shall also be imposed as a penalty an amount equal to 50% of any tax (less any amounts paid on the basis of the false or fraudulent return) found due for the period to which the return related. The penalty imposed by this division (J)(3) shall be collected as part of the tax, and shall be in addition to any other penalties provided by this section.
(4) All payments received shall be credited first to penalties, next to interest, and then to the tax due.
(5) The amount of tax not timely paid, together with any penalty provided by this section, shall bear interest at the maximum rate per annum as prescribed by M.S. § 270.0725, as it may be amended from time to time, from the time the tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof.
(K) Administrator of tax. The City Clerk shall administer and enforce the assessment and collection of the taxes imposed by this section. The City Clerk shall cause to be prepared blank forms for the returns and other documents required by this section and shall distribute the same throughout the city and furnish them on application, but failure to receive or secure them shall not relieve any person from any obligation required of him or her under this section.
(L) Examine records. The City Clerk and those persons acting on behalf of the City Clerk authorized in writing by the City Clerk or the city may examine the books, papers and records of any operator in order to verify the accuracy of any return made or, if no return was made, to ascertain the tax as provided in this section. Every operator is directed and required to give to the person authorized to examine the books, papers and records, the means, facilities and opportunity for the examinations and investigations as are hereby authorized.
(M) Violations. It is unlawful for any person to willfully fail to make a return required by this section; or to fail to pay the tax after written demand for payment; or to fail to remit the taxes collected or any penalty or interest imposed by this section after written demand for the payment; or to refuse to permit the City Clerk or any duly authorized agents or employees to examine the books, records and papers under his or her control; or to willfully make any incomplete, false or fraudulent return.
(N) Use of proceeds. Five percent of the proceeds obtained from the collection of taxes pursuant to this section shall be paid to the City Clerk for costs of collection. Ninety-five percent of the proceeds obtained from the collection of taxes pursuant to this section shall be used in accordance with M.S. § 477A.018, as the same may be amended from time to time, to provide funding to Iron Trail Travel and Convention Bureau for the purpose of marketing and promoting the city as a tourist or convention center.
(O) Appeals.
(1) Any operator aggrieved by any notice, order or determination made by the City Clerk under this section may file a petition for review of such notice, order or determination detailing the operator’s reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner’s address and the location of the lodging subject to the order, notice or determination.
(2) The petition shall be filed with the City Clerk within ten days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review.
(3) Upon receipt of the petition, the City Clerk shall set a date and time for a meeting with the petitioner and shall give the petitioner at least five days’ prior written notice of the date, time and place of the meeting.
(4) At the meeting, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. If the meeting does not result in the matter being resolved to the satisfaction of the petitioner, the petitioner may appeal to the Council.
(5) A petitioner seeking to appeal a decision to the Council must file a written notice of appeal with the Council in care of the City Clerk, within ten days after the City Clerk’s decision following the meeting described in division (O)(4) above has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as is practical. At least five days prior to the hearing before the Council, the City Clerk shall prepare and serve on the petitioner a memorandum of proposed findings of fact and conclusions of law. A copy of the memorandum shall be presented to the Council at the time of the appeal hearing. The Council shall then review the proposed findings of fact and conclusions to determine whether they are correct. Upon a determination by the Council that findings and conclusions are incorrect, the Council may modify, reverse or affirm the decision of the City Clerk based upon an application of this division (O) and the evidence presented.
(Am. Ord. passed 2-14-2023)
(A) No person, co-partnership or corporation shall hereafter use or operate or cause to be used or operated any motor vehicle carrying passengers for hire over or upon any public highway or street in the city, except trunk highways under the control of the state, unless the person, co-partnership or corporation shall first pay the license fee herein prescribed and secure a license from the city so to do in accordance with the provisions of this section.
(B) Application for the operation of a motor vehicle for hire shall be made in writing and filed with the City Clerk and shall state the kind of vehicle to be used, the vehicle identification number and the state license number, the seating capacity of the vehicle, the name of the owner or licensee and the nature of business proposed to be done. Each application shall be duly verified and shall be accompanied by a certificate signed by at least two resident taxpayers of the city, stating that they are acquainted with the applicant and that he or she is a fit and proper person to engage in the business.
(C) No such license shall be issued until the applicant shall obtain a policy of insurance through an insurance company authorized to do business under the laws of the state, insuring the person, co-partnership or corporation operating the vehicles against loss by reason of any damages that may result to any person or persons from the operation of the motor vehicle. The policy of insurance shall insure the operator in at least the minimum amount required by state statutes against claims for damage by reason of injuries to any one person injured or killed through the operation of the motor vehicle. The policy of insurance shall guarantee payment of any final judgment rendered against the owner or licensee of the motor vehicle within the limits hereinbefore provided, because of injury or damage resulting to any person or persons from the negligent operation of the motor vehicle. It shall be in a form satisfactory to the City Council which may require the licensee to replace the policy of insurance if the Council shall, at any time, deem it or the insurer thereon unsatisfactory or insufficient. The default or refusal of the licensee to comply with any such order of the Council shall be ground for revocation of the license of the licensee.
(1) As part of the application process, all parties seeking taxi licensure in the city must pass the state’s Department of Transportation’s annual vehicle inspection. As taxi vehicles do not qualify for a DOT number, they cannot be issued a state inspection decal.
(2) The city shall issue a taxi number identification sticker annually, once the vehicle passes the state safety inspection and provides the proper insurance certificate. This sticker must be adhered to the driver’s side rear window to the vehicle within five days of issuance.
(3) All taxi drivers must be at least 18 years old and pass a criminal background check by the city’s Police Department.
(4) The city shall issue a photo identification card for each driver, which must be displayed in a visible place in the taxi while the driver is on duty.
(5) The city will charge a non-refundable fee, set by City Council resolution, for each background check that is completed for potential taxi drivers.
(D) The insurance policy herein provided or a duly authenticated copy thereof shall be filed with the City Clerk; and shall contain a provision that it cannot be cancelled by the insurer without notice to the city. A current insurance card must be displayed in each taxi.
(Amended 5-1-2012)
(E) License fees.
(1) Annual, non-proratable fees for each taxi license shall be set in accordance with § 6.04.
(2) All taxi licenses shall expire on December 31 of each year.
(F) In any case in which any one person, co-partnership or corporation shall apply for license for more than one such motor vehicle, the person, co-partnership or corporation shall not be required to submit separate policies of insurance for each motor vehicle if it shall file with the city a blanket insurance policy covering all vehicles which gives to the licensee and to any person or persons injured because of the negligent operation of any motor vehicle at least the same amount of protection which is required by the provisions of this section.
(G) Upon compliance with the provisions hereof, the City Council, if it deems the applicant a fit person to engage in the business, may grant the license. Upon the license being granted by the Council, the Clerk shall issue the same and shall furnish to the licensee for each vehicle so licensed containing the number of the license and the period for which the vehicle is so licensed. The license shall, at all times, be displayed on the driver’s side rear window in the motor vehicle. All licensed taxis must be clearly marked as a taxi, with the business name identified on both sides of the vehicle.
(Amended 5-1-2012)
(H) This section shall not apply to the Dial-A-Ride service.
(I) Any license granted hereunder may be revoked by the Council at any time.
(J) (1) Taxi companies found to be in violation of this section within a 24-month period shall be administratively fined as follows:
(a) First offense: $75;
(b) Second offense: $200; and
(c) Third offense: $250 and revocation of license for one year.
(2) If the business gets their license back and receives another violation, the license will be revoked permanently. Failure to pay the fine within 30 days will result in suspension of license. Before any license is suspended or revoked under this section, the licensee shall be given notice of the accused violation and shall be given the right to request a hearing on the matter and to appeal the findings of the hearing on suspension or revocation. In the case of an administrative penalty, the hearing for the penalty may be the same as for the suspension or revocation.
(Amended 5-1-2012)
(K) This section shall be in force and effect from and after 1-1-2000. All licenses issued under any other ordinance of the city to any person to operate any motor vehicle for hire within the city shall be and hereby are revoked on that date.
(Adopted 12-14-1999)
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