Loading...
2002-865 CITY OF HOPKINS HENNEPIN COUNTY, :MINNESOTA ORDINANCE NO. 2002-865 AN ORDINANCE DELETING SECTION 1180 OF THE HOPKINS CITY CODE AND REPLACING IT WITH A NEW SECTION 1180. PAWNBROKERS PURPOSE The City Council finds that use of services provided by pawnbrokers provides an opportunity for the cOlllinission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly. The City Council also finds that consumer protection regulation is walTanted in transactions involving pawnbrokers. The purpose of this section is, therefore, to prevent pawn businesses from being used as facilities for the commission of crimes, and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the City. To help the police depaltment better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn trallsaction information, this section also implements alld establishes the required use of all interchallge file specification fonnat as required by Minnesota Statutes. Section 1: Section 1180 of the Hopkins City Code is deleted in its entirety alld replaced with the following language: SUED. 1 - DEFINITIONS The following tenns when used in this section shall have the following meanings unless the context clearly indicates otherwise: ISSIDNG AUTHORITY: The City of Hopkins 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 10allS money secured by chattel mortgage on personal property, taking possession of the property or allYpalt 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 section shall be applicable. PAWNSHOP: Any business establishment used or operated by a pawnbroker. 1 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 trallsaction number or identifier is generated by the point-of-sale software, is reportable except: 1) 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 said merchalldise provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record. 2) Retail alld wholesale sales of merchalldise originally received by pawn or purchase and for which all applicable hold alld/or redemption periods have expired. BILLABLE TRANSACTION: Every reportable transaction conducted by a pawnbroker except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession is a billable transaction. CIDEF OF POLICE OR POLICE OFFICER: City of Hopkins Police Chief, police officer or designee. :MINOR: Any natural person under the age of eighteen (18) years. LICENSEE: The person to whom a license is issued lUlder this Section including any agents or employees of the person. SUED. 2 - LICENSE REOIDRED No person shall exercise, calTY on, or be engaged in the trade or business of pawnbroker within the City unless such person is currently licensed under this Section. SUED. 3 - APPLICATION CONTENT Every application for a license under this Section shall be made on a form supplied by the City of Hopkins and be filed with the City Clerk. The application shall state whether the applicant is a natural person, corporation, paltnership or other fonn of organization. 1) If the applicant is a natural person: a) The name, place and date of birth, street resident address alld phone number of the 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, alld if so, the name or names used and information conceming dates and places used. d) The name of the business if it is to be conducted under a designation, name, or style other thall the name of the applicant and a certified copy of the certification as required by Mimlesota Statutes, Section 333.01. e) The street addresses at which the applicallt has lived during the preceding five (5) years. 2 f) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and addressees) of the applicant's employer(s) and pmtner(s), if any, for the preceding five (5) years. g) Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a traffic ordinmlce. If so, the applicant must fUl11ish information as to the time, place, and offense of all such convictions. h) The physical description of the applicant i) Applicant's ClUTent personal finmlcial statement. j) 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 a) through h) of this Subdivision. 2) If applicmlt is a partnership: a) The name(s) and addressees) of all general and limited partners and all information concel11ing each general prutner required in Subdivision (1) of this section. b) The name(s) of the mmlaging partner(s) mld the interest of each partner in the licensed business. c) A true copy of the pmtnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate must be attached to the application 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 concel11ing each of them required in a) through h) of Subdivision (1) of this section. 3) If applicrult is a corporation or other orgmlization: a) The name of the corporation or business form, and if incorporated, the state of incorporation. b) A true copy of the Certificate of Incorporation, A1.ticles 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 in Milmesota Statutes, Section 303.06, shall be attached. c) The name of the manager(s) or other person(s) in charge of the business and all infOlmation conceming each manager, proprietor, or agent required in a) through h) of Subdivision (1) of this section. d) A list of all persons who control or own an illterest in excess of five (5) percent in such orgrulization or business form or who are officers of the corporation or business form and all infonnation concel11ing said persons required in Subdivision (1) above. 4) For all applicants: a) Whether the applicmlt holds a CUlTent pawnbroker license from any other govel11mental unit. b) Whether the applicant has previously been denied, or had revoked or suspended a pawnbroker license from any other government unit. " J c) The names, street resident addresses, and business addresses of three (3) character references, who are of good moral character mld who are not related to the applicant or not holding any ownership in the premises or business. d) The location of the business premises. e) The legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, and street access parking facilities. f) Such other infonnation as the City Councilor issuing authority may requil'e. SUED. 4 - NEW MANAGER When a licensee places a manager ill charge of a business, or if the named mrulager(s) ill charge of a licensed business changes, the licensee must complete and submit the appropriate application on forms provided by the City within fOlUteen (14) days. The application must illclude all appropriate il1formation required ill Subdivision 3 of tllis Section. SUED. 5 - APPLICATION EXECUTION All applications for a license under this Section must be signed and SWOl11 to under oath of affilmation by the applicant. If the application is that of a natural person, it must be signed and SWOl11 to by such 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 mrulaging officer thereof. If the applicant is a partnership, the application, license and bond shall be made and issued in the name of all partners. AllY false statement on an application shall result in denial of the application. SUED. 6 - APPLICATION INVESTIGATION At the time of makillg ml initial or renewal application, the applicmlt shall, ill writillg, authorize the Hopkills Police Department to illVestigate all facts set out in the application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the Hopkins Police Depmtment to release infOlmation received from such investigation to the City Council. The applicant shall have ml opportunity to review such information before it is released to the City Council. SUED. 7 - VOTE REQUIRED After such investigation, the City Council shall grant or refuse the applicant. SUED. 8 - RESTRICTIONS REGARDING LICENSE TRANSFER Each license under this Section shall be issued to the applicmlt only and shall not be transferable, except as allowed in the following statements regarding corporations, partnerships, or associations: a) Licenses issued to corporations shall be valid only so long as there is no chmlge in the officers or ownership interest of the cOlporation unless such change is approved by the Council, in which event said license shall continue ill force until the end of the then ClUTent license year. 4 . b) Licenses issued to partnerships or associations shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Council, in which event said license shall continue in force until the end of the then ClUTent license year. c) Corporation, paltnerships or associations shall submit written notice to the Clerk of any such changes described herein on or before sixty (60) days prior to the effective date of any such change and pay a fee required for an amendment to the license. In the case of a corporation, the licensee shall submit written notice to the Clerk when a person not listed ill the initial application will be acquil'illg an interest ruld shall give all il1formation about said person as is requil'ed of a person pursuant to the provisions of this Section. Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. No licensee shall loan, sell, give, or assign a license to another person. SUED. 9 - EXPIRATION OF LICENSE All licenses shall expire as of midnight on December 31 st of the yem' of issuance. SUED. 10 - RENEWAL APPLICATION Applications for renewal of an existing license shall be made to the City Clerk at least ninety (90) days prior to the expiration date of the license and shall be made on such forms as the City requires. The application shall state that the information in the prior application remaills true and correct, except as otherwise indicated. The City will mail application forms to existillg licensees approximately one hundred twenty (120) days prior to expiration of the licenses. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for failure to file for a renewal withill the time period provided, the Council may, if the other provisions of this Section m'e complied with, grant the application. SUED. 11 - PERSONS INELIGIBLE FOR A LICENSE No license under this Section shall be issued if the applicant, any general partner or managing partner of a partnership, or a manager, proprietor, or agent ill charge of a cOlporation or other orgmlization: a) Is a minor at the time the application is filed; b) Has been convicted of any crime dil'ectly 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 perfonn the duties of a pawnbroker as prescribed by Minnesota Statutes 364.03, Subd. 3. c) Is not a citizen of the United States or a resident alien; d) Holds an intoxicatillg liquor license under Chapter XII of this Code; or e) In the judgment of the Council, is not the real pmty in illterest or beneficial owner of the business operated, or to be operated, lUlder the license. 5 SUED. 12 - FEES The Hopkills City Council shall, by resolution, set the rumuallicense fee, investigation fee, billable transaction fee and fee for an amendment to the license for pawnshops. 1) License Fee: The allllUallicense fee shall be paid in full before the application for a license is accepted. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the COlUlCil, only the license fee shall be refunded to tlle applicant except where rejection is for a willful statement in the license application. 2) Investigation Fee: An applicant for mlY license under this Section shall pay the City of Hopkins at the time an original application is submitted, a nonrefundable fee to cover the costs involved in verifying the license application and to cover the expense of any illVestigation needed to assure compliance with this Section. 3) Billable Transaction Fee: The billable transaction fee shall reflect the cost of processing transactions mld other related regulatory expenses as determined by the City Council. Billable transaction fees shall be billed monthly mld are due and payable within thilty (30) days. Failure to do so is a violation of this Section. 4) Renewal Fee: The annual license fee for renewal of a license shall be paid in full at the time the renewal application is filed with the Clerk. SUED. 13 - BOND REOIDRED At the time of filing an application for a license, the applicant shall file a bond in the amount of five thousmld dollars ($5,000) with the City Clerk. The bond, with a duly licensed surety comprulY as surety thereon, must be approved as to form by the City Attorney. Said bond must be conditioned that the licensee shall observe the ordinances of the city, ill relation to the business of pawnbroker, and that the licensee will account for mld deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. This bond shall contain a provision that no bond may be canceled except upon thirty (30) days written notice to the city. SUED. 14 - RECORDS REOIDRED At the time of any reportable trmlsaction other than renewals, extensions or redemptions, every licensee must immediately record in English the followillg il1formation by using il1k 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, brmld name, or other identifying mark on such an item. 2) The purchase price, amount of money loaned upon, or pledged therefore. 3) The maturity date of the transaction mld the amount due, including monthly and annual interest rates mld all pawn fees and charges. 6 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. The identifiers shall be consecutively numbered mld for the purpose of the repOlting requil'ements shall include any identifiers that may have been voided. 5) Full name, current residence address, current residence telephone number, date of birth mld accurate description of the person from whom the item of 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) CUlTent valid Minnesota driver's license. b) Current valid Minnesota identification card. c) Current valid photo identification issued by another state or province of Canada. 7) The signature of the person identified in the transaction. 8) Effective sixty (60) days from the date of notification by the police depmtment of acceptable video standm'ds, the licensee must also take a color photograph or color video recording of: a) Each customer involved in a billable transaction. b) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. c) If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintailled in such a mamler that the photograph can be readily matched and con'elated with all other records of the transaction so that they relate. Such photographs must be available to the Chief of Police, or the Chiefs designee, upon request. The major portion of the photograph must include ml identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must iIUonn the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premIses. d) If a video photograph is taken, the video camera must zoom in on the person pawnillg or selling the item so as to include an identifiable close-up 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 infonn the person that he or she is beillg videotaped orally and by displayillg a sign of sufficient size ill a conspicuous place on the premises. Licensee must keep the exposed videotape for three (3) months unless requested by the police department to keep the tape longer. 9) Digitized photographs. Effective sixty (60) days from the date of notification by the Police department, licensees must fulfill the color photograph requirements in Subd. 14, #8 by submitting them as digital images, ill a format specified by the police department, electronically cross-referenced to the reportable transaction they are associated with. Notwithstandillg the digital images may be captured from the requil'ed video recordillgs, this provision does not alter or amend the requirements in #8. 10) Renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the CUlTent transaction, and the type of transaction. 7 11) Inspection of Records. The records must at all reasonable times be open to illspection by the Police Department. Data entries shall be retained for at least three (3) years from the date of trmlsaction. Entries of required digital images shall be retained a minimum of three (3) months. SUED. 15 - DAILY REPORTS TO POLICE Effective no later than sixty (60) days after the police department provides licensees with computerized records standards, licensees must submit every reportable transaction to the police department daily ill the following manner: 1) Licensees must provide the police department all infonnation required in Subd. 14 (1) through (6) ruld other required iluormation, by transfelTing it from their computer to an automated pawn system via modem. 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 City using procedures that address security concerns of the licensees and the City. The licensee must display a sign of sufficient size, in a conspicuous place on the premises, which iIuorms all patrons that all transactions m'e reported to the Police Department daily. 2) Billable transaction fees. Licensees will be charged for each billable trmlsaction reported to the Police Department. 3) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the Police Department prillted copies of all reportable transactions along with the videotape(s) for that date by 12:00 the next business day. If the problem is determined to be the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as provided for herein, but may be charged an additional fee as established by the City Council for each transaction submitted in this manner after the close of the first busilless day following the day of failure. If the problem is deteImined to be outside the licensee's system, the licensee must continue to provide the iluormation as provided for herein and resubmit all such transactions via modem when the elTor is cOlTected, but shall not be subject to any additional charge. 4) If a licensee is unable to capture, digitize or transmit the photographs required in this subdivision, the licensee must immediately take all required photographs with a still camera, develop the pictures, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request. 5) Regardless of the cause or origill of the technical problems that prevented the licensee from uploading theil' trmlsactions, upon correction of the problem, the licensee shall upload every reportable transaction from every busilless day the problem had existed. 6) Notwithstandillg any otller provisions herein, the Police Chief, or the Chiefs designee, upon presentation of extenuating circumstances, may extend the period before any additional charges are imposed for the manual reporting of billable transactions. SUED. 16 - RECEIPT REOIDRED Every licensee must provide a receipt to the pmty identified in every reportable transaction ruld must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following iIuormation: 1) The name, address and telephone number of the licensed business. 8 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) All accurate description of each item received including, but not limited to, any trademark, identification number, serial number model number, brand name, or other identifyillg 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, includillg all pawn fees aJld 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, mld the amount necessary to redeem the pawned item on that date. 9) The full name, CUlTent residence address, current residence telephone number, and date of birth of the pledger or seller. 10) The identification number and state of issue from mlY of the following forms of identification of the seller: a) ClUTent valid Milmesota driver's license. b) CUlTent valid MiImesota identification card. c) ClUTent valid photo identification card issued by another state or a province of Canada. 11) Description of the pledger or seller including height, weight, sex, race, color of eyes and color of hail'. 12) The signature of the pledger or seller. 13) All printed statements as required by State Statute 325J.04, Subdivision 2, or aJ1Y other applicable statutes. SUED. 17 - REDEMPTION PERIOD AllY person pledging, pawnillg, or depositing ml item for security must have a millimum of sixty (60) days from the day of that transaction or any renewal or extension, to redeem the item before it may be forfeited and sold. Licensees are prohibited from redeeming any item to anyone other thml the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified ill 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 the approval of the Police Department. Written authorization for release of property to persons other than the original pledger must be maintailled along with original transaction record. SUED. 18 - HOLDING PERIOD AllY item purchased or accepted in trade by a licensee must not be sold or otherwise transfelTed for !wenty-one (21) days from the date of the trmlsaction. All individual may redeem an item no sooner than seventy-two (72) hours after the item was received on deposit. Sundays and legal holidays are not included in the 72-hour holdillg period. 9 SUED. 19 - POLICE ORDER TO HOLD PROPERTY 1) hlVestigative Hold. Whenever law eIUorcement official from mlY agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be cOluirmed in writing by the originating agency within seventy- two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/cOluiscate is issued, pursuant to #2 and #3 of this subdivision, whichever comes fil's t. 2) Order to Hold. WlIel1ever the Chief of Police, or the Chiefs designee, notifies a licensee not to sell ml item, the item must not be sold or removed from the licensed premises until authorized to be released by the Chief or the Chiefs designee. The order to hold shall expil'e ninety (90) days from the date it is placed unless the Chief of Police or the Chiefs designee determines the hold is still necessary mld notifies the licensee in writing. 3) Order to COluiscate. If an item is identified as stolen or evidence in a criminal case, the Chief or Chiefs designee may: a) Physically confiscate and remove it from the shop, pursuant to written order from the Chief or the Chiefs designee, or b) Place the item on hold or extend the hold as provided in #2 of this subdivision, and leave the item in the shop. 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 cOluiscatilIg agency and illVestigator, and the case number related to the cOluiscation. When lliI order to hold/c01uiscate is no longer necessary, the Chief of Police or Chiefs designee shall so notify the licensee. SUED. 20 - INSPECTION OF ITEMS At all times durilIg the term of the license, the licensee must allow the Chief of Police or the Chiefs designee(s) to enter without notice the premises where the licensed business is located during normal business hours, except in ml emergency, for the purpose of illspecting such premises and inspecting the items, ware and merchandise, and records therein to verify compliance with this Section or other applicable laws. SUED. 21 - LABEL REOIDRED Licensees much attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. PennmIently recorded on this label must be the number or name that identifies the trmIsaction ill the shop's records. The transaction date, the name of the item lliId the description or the model and serial number of the item as reported to the Police Depmtment, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. SUED. 22 - PROIDBITED ACTS 1) No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive mlY goods from a person under the age of eighteen (18) years. 10 2) No licensee shall receive any goods from a person of unsound mind or ml intoxicated person. 3) No licensee may receive any goods, lUlless the seller presents identification in the form specified in #6 of Subd. 14. 4) No licensee may receive any item of property that possesses ml altered or obliterated serial number or operation identification number or any item of property that has had it serial number removed. 5) No person may pawn, pledge, sell, consign, leave, or deposit mlY article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall llilY person pawn, pledge, sell, consign, leave, or deposit any article of property ill which another has a security interest; with any licensee. 6) All customers of a pawnshop will give their current residence address and CUlTent residence telephone number as part of their trmlsaction. SUED. 23 - LICENSE REOillREMENTS 1) Hours of Operation. No licensee shall keep tlle establishment open for the transaction of business on mlY day of the week before 7:00 AM or after 10:00 PM. 2) License Display. A license issued under this ordinance must be posted ill a conspicuous place on the premises for which it is issued. The license issued is only effective for the complete mld contiguous space specified ill the approved license application. 3) Maintenllilce of Order. A licensee under this ordinance shall be responsible for the conduct of the business beillg operated and shall maintain conditions of order. 4) Method of Payment. When a pawnbroker accepts an item for purchase or as security for a loan, payment for any mticle deposited, left, pledged or pawned shall be made only by a check, draft, or other negotiable or non-negotiable instrument or order of withdrawal which is drawn agaillst funds held by a financial institution. The licensee may cash the check. 5) Inspection by Claimed Owner. All goods, ware or merchandise coming into the possession of any licensee, under the terms thereof, shall at all times by open to illspection and right of examillation of llilY person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompmlied by a police officer. 11 6) Sign. Licensee shall post an adequate sign visible to customers. For the purpose of this section, ml "adequate" sign shall be deemed to meml at the least one sign of not less than four (4) square feet ill surface m'ea, comprised oflettering of not less than three-qumters (3/4) of an inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following: TO P AWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE YOU MUST GIVE YOUR CURRENT RESIDENCE ADDRESS AND TELEPHONE NUMBER YOU CANNOT PAWN ANY PROPERTY FOR ANOTHER PERSON YOU MUST BE THE TRUE OWNER OF THE PROPERTY THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS YOU MUST PRESENT VALID PHOTO IDENTIFICATION VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME! SUED. 24 - DENIAL, SUSPENSION OR REVOCATION AllY license under this section may be denied, suspended or revoked for one or more of the following reasons: 1) The proposed use does not comply with the City of Hopkills zoning code. 2) The proposed use does not comply with any health, building, buildillg maintenmlce or other provisions of state or local laws or ordillances. 3) The applicant or licensee has failed to comply with one or more provisions of this section. 4) The applicmlt 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 ill securing or renewing a license. 6) Fraud, misrepresentation or false statements made in the application and illVestigation for, or in the course of, the applicant's business. 7) Violation within the preceding five (5) years, of any law relating to theft, damage or trespass to property, sale of a controlled substance, or operation of a business. 8) The owner of the premises licensed or to be licensed would not qualify for a license under the tenllS of this section. SUED. 25 - HEARING REOIDRED Except in the case of a suspension pendillg a hearing on revocation, a revocation or suspension of a license by the City COlUICil shall be preceded by a public hearing conducted in accordllilce with Minnesota Statute 15.0418 to 15.0426. The City Council may appoint a hearing examiller or may conduct a hem'ing itself. The hearing notice shall be given at least ten (10) days prior to the hem'ing, including notice of the time and place of the hearing, and shall state the nature of the chm'ges against the licensee. SUED. 26 - SEPARABILITY Should any subdivision, subsection, clause or other provision of this ordinmlce be declal'ed by a court of competent jurisdiction to be invalid such decision shall not effect the validity of the ordinmlce as a whole or any part other than the part so declared illValid. 12 SUED. 27 - ADOPTION OF THE PAWNBROKER REGULATION ACT To the extent the requil'ements of this ordillance are less restrictive thml the provisions of the Pawnbroker Regulation Act, the regulatory provisions of said Act, codified in Mil11lesota State Statutes, are hereby adopted and incOlporated herein and made part of this code as completely as if set out in full. Section 3. The effective date of this ordillance shall be twenty days after publication. First Reading: January 15,2002 Second Reading: Febmary 5, 2002 Date of Publication: February 13,2002 Date Ordinance Takes Effect: March 5, 2002 ~/~ / Gene Maxwell, Mayor ~ ' :Y · ? f.9 (J7 .2- Date 13