CR 93-18 Pawn Shop License
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rfanuary 12, 1993 ~ Council Report 93-18
APPROVE PAWN SHOP LICENSE FOR MAIN STREET TRADERS
Proposed Action
Staff recommends that the Council approve the following motion: Approve the 1993 pawn shop license for
Main Street Traders.
This action will allow Main Street Traders to continue in operation in 1993.
Overview
The City of Hopkins adopted an ordinance regulating pawn shops in 1991. There are currently two pawn
shops licensed to do business in the City of Hopkins, Cash Fair and Main Street Traders. Mr. Emmet
Bernard, of Main Street Traders, has pled guilty to two crimes which are related to operating a pawn shop.
The first incident involved receiving stolen property and occurred in 1991 prior to the adoption of the City's
,awn shop ordinance. Mr. Bernard pled guilty wilhthe stip!llation that the charges wOllld be dismissed if he
;ad no similar violations fora period of one year. The second offense occurred in July of 1992 and involved
" ' accepting an item for pawn from a juvenile. ,
Mr. Bernard was notified that his license application would be before the Council at its January 19th meeting.
Primarv Issues to Consider
. Should the City grant a license to Main Street Traders for 19937
Supportim! Information
. Analysis ofIssues
. Application is available from the City Clerk's department
L/
I es A. Genellie
J\.ssistant City Manager
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I:uncil Report #93,13
; Page Two
Analvsis of Issues
. Should the City grant a license to Main Street Traders for 1993?
Section 1180.17 of the City Code reads as follows:
1180.17. Persons and Playes Ineligible for License. Subdivision 1. No license shall be
granted to or held by any person who:
a) Is a minor at the time the application is filed;
b) Has been convicted of any crime directly related to the occupation licensed, as
prescribed by Minnesota Statute 364.03, Subd. 2, and has not shown competent evidence
of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as
prescribed by Minnesota Statutes 364.03, Subd. 3;
Mr. Bernard has been convicted of a crime "directly related to the occupation licensed". He has two
, misdemeanor convictions. However, he has "shown competent evidence of sufficient rehabilitation"
on the receiving stolen goods conviction by not having a similar violation for over a year.
A year has obviously not passed since his conviction of accepting an item for pawn from a juvenile.
However, Minnesota Statutes 364.03, Subd. 3 does state that the licensing authority, when deciding
whether to grant a license to some.one who has been convicted of crime, shall consider any evidence
regarding, among other things, the nature and seriousness of the crime" for which convicted. One
instance of accepting an item for pawn from a juvenile is, in staff's opinion, not serious enough to put
someone out of business.
Should there be any additional violations in the future staff may well change its recommendation
regarding a license for 1994. In fact, if there was another conviction for receiving stolen property, the
ordinance would require that the license be automatically suspended pending a hearing on revocation
of the license.
Alternatives
1. Approve a license for Main Street Traders for 1993.
2. Deny a license for Main Street Traders for 1993 based upon the owner's convictions for crimes
"directly related to the occupation licensed".
3. Continue the item for more information.
Recommendation
, Staff recommends Alternative # 1.
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