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2016-1118 Regarding the Regulation of Pawnshops, Currency Exchanges, and Coin Dealerships within the City of Hopkins, Adopted Pursuant to Minn. Stat. Section 462.355, Subd. 4 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE 2016-1118 AN INTERIM ORDINANCE REGARDING THE REGULATION OF PAWNSHOPS, CURRENCY EXCHANGES, AND COIN DEALERSHIPS WITHIN THE CITY OF HOPKINS, ADOPTED PURSUANT TO MINN. STAT. §462.355, SUBD. 4 THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Authority and Findings. A.Minn. Stat. §462.355, Subd. 4, provides that if a municipality is conducting studies or has authorized a study to be conducted for the purpose of considering adoption or amendment of a comprehensive plan or official control, the City Council may adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens. An interim ordinance may regulate, restrict or prohibit any use, development or subdivision within the City for a period not to exceed one year from the effective date of the interim ordinance. B.The Metropolitan Council is currently in the process of extending light rail service through the City via the METRO Green Line. Engineering has commenced on the project and heavy construction is scheduled to begin soon. Light rail stations will be constructed in and around various zoning districts within the City and a significant transformation of the Hopkins downtown area is expected as a result of these developments. C.The Hopkins City Code currently contains certain provisions regarding pawnshops, currency exchanges, and coin dealerships. The City Council believes that regulation of pawnshops, currency exchanges, and coin dealerships deserves careful reconsideration because of the extension of the METRO Green Line through the City. These industries have the potential for the presence of stolen goods, as well as the possibility of questionable lending practices. In addition, the City Council has concerns regarding the potential for these businesses to develop into nuisance properties and create problems for law enforcement. Moreover, the City Council is aware of various business practices associated with pawnshops, currency exchanges, and coin dealerships that can take advantage of individuals who are vulnerable. D.The City Council believes that authorizing a study regarding pawnshops, currency exchanges, and coin dealerships is necessary to reevaluate various regulatory options available to the City, including maintaining current regulations or enacting amended or additional official controls. E.The City Council believes an interim ordinance is necessary and prudent to complete the study, to give the Council sufficient time to evaluate various options for regulation, and to protect the planning process and the health, safety and welfare of Hopkins’ citizens. 1 491543v1 DTA HP145-9 Section 2. Study. The City Council hereby authorizes a study of the issues relating to City regulation of pawnshops, currency exchanges, and coin dealerships including, but not limited to, a review of the following: A.Public health, safety, and welfare issues relating to pawnshops, currency exchanges, and coin dealerships with specific emphasis on risks associated with stolen goods and other criminal activity, demands placed on law enforcement, risks to vulnerable individuals, inappropriate or predatory lending activities, consumer protection issues, and the effect of these businesses on surrounding properties and neighborhood vitality. B.Whether a continuation of the current regulations regarding pawnshops, currency exchanges, and coin dealerships within Hopkins is appropriate. C.Whether it would be appropriate to make changes to the current restrictions as to specific zoning districts within the City and, if so, which ones. D.The experience of other cities that regulate these industries in a manner similar to Hopkins, or that have used different regulatory approaches. E.The experience and preference of law enforcement personnel regarding these industries. F.Consideration of any other potential amendments to the current regulatory scheme which may be appropriate for the City Code. Section 3. Moratorium. The following are hereby enacted in accordance with the above findings and authority: A.No application for any permit, license or approval of any nature concerning a pawnshop shall be accepted by the City during the term of this interim ordinance. No additional review or other work on any previously accepted application concerning a pawnshop shall be conducted during the term of this interim ordinance. Previously received applications shall be withdrawn by the applicant or the application shall be acted upon by the City in accordance with this interim ordinance. B.No application for any permit or approval of any nature concerning currency exchanges shall be accepted by the City during the term of this interim ordinance. No additional review or other work on any previously accepted application concerning a currency exchange shall be conducted during the term of this interim ordinance. Previously received applications shall be withdrawn by the applicant or the application shall be acted upon by the City in accordance with this interim ordinance. C.Coin dealerships are no longer a permitted use in any of the City’s zoning districts. This provision does not apply to coin dealerships that already exist and were appropriately licensed by the State of Minnesota on the date this ordinance takes effect. 2 491543v1 DTA HP145-9 Section 4. Enforcement. In addition to any criminal penalties allowed by law, the City may enforce this interim ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separability. Every section, subsection, provision or part of this interim ordinance is declared separable from every other section, subsection, provision or part. If any section, subsection, provision or part of this interim ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, subsection, provision or part. Section 6. Effective Date; Duration. This interim ordinance shall take effect immediately after its adoption and publication. It shall be effective as follows: (a) one year from the effective date of this ordinance, or (b) the date upon which Hopkins reaffirms, amends, or repeals its ordinances and official controls relating to pawnshops, currency exchanges, and coin dealerships. Amendments to ordinances or official controls relating to one or two of these industries but not the other(s) shall not affect this interim ordinance with respect to those other industries unrelated to such amendments. First Reading: December 20, 2016 Second Reading: January 3, 2017 Publication Date: January 12, 2017 Date Ordinance Takes Effect: January 12, 2017 By: ______________________________ Molly Cummings, Mayor ATTEST: ___________________________ Amy Domeier, City Clerk 3 491543v1 DTA HP145-9