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1991-689 .. HENNEPIN COUNTY, MINNESOTA . ORDINANCE NO. 91-689 AN ORDINANCE REGULATING PAWN SHOPS WITHIN THE CITY OF HOPKINS BE IT ORDAINED by the Council of the City of Hopkins as follbws: SECTION 1. That the Hopkins City Code is amended by adding a new section 1180 to read as follows: Section 1180 Pawn Shops 1180.01. Definitions Subdivision 1. For purposes of this section the terms defined in this subsection have the meanings given them Subd. 2. "Licensee" means the person to whom a license is issued under this Section including any agents or employees of the person Subd 3 . "Minor" means any natural person under the age of 18 years. Subd 4 "Pawnbroker" means a person who loans money on deposit or pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. Subd. 5 "Chief of Police or Police Officer" means City of Hopkins Police Chief, police officer or designee. 1180.03. License Reauired. Subdivision 1. No person shall exercise, carryon or be engaged in the trade or business of pawnbroker without first obtaining a license from the City as provided in this Section. Subd. 2. General. Applications for pawnbrokers' licenses to be issued under this Section shall contain information as required on forms prescribed by the City Clerk. Applications shall be filed with the City Clerk. Subd 3 . applicant is organization. Nature of Aoolication. The application shall state whether the a natural person, corporation, partnership or other form of Subd 4. Natural Person. If applicant is a natural person, the following information shall be furnished: a) True name, place and date of birth and street residence address, and length of time at that address, of applicant b) Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used . c) The name designation, name or applicant. of the style business if other than it the is full to be conducted individual name under a of the d) Kind, name and location of every business or occupation applicant has been engaged in during the preceding five (5) years. e) Names and addresses of applicant's employers and partners, if any, for the preceding five (5) years. f) Whether applicant has ever been convicted of a misdemeanor or misdemeanor including violation of a municipal excluding traffic violations, and if so, the date and place of the nature of the offense felony, gross ordinance, but conviction and g) If applicant has not resided in the City for three (3) years last preceding the date of application, at least four (4) character references Subd. 5. Partnership. If applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subdivision 4 of Section 1180.03. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. Subd 6 Corporation. If applicant is a corporation or other association, the following information shall be required. a) Name 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 and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes. c) The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subdivision 4 of Section 1180.03. As used in this Section, the term "operating officer" shall mean the person responsible for the day-to-day operating decisions of the licensed premises. d) A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of five percent (5%) or who are officers or directors of said corporation or association, together with their addresses and all information as is required of a single applicant in Subdivision 4 of Section 1180 03 Subd 7. Description of premises a) Legal Description. The exact 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, street access parking facilities. b) Street Address. The street address of the premises for which application is made. Subd. 8 Other Information Reauired. Such other information as the City Council shall require. 1180.05. Renewal Applications. Subdivision 1. License Period. Expiration. Each renewal license shall be issued for a maximum period of one year. All licenses shall expire on December 31 of each year. Subd. 2. Time of Making Application. Applications for renewal of an existing license shall be made at least ninety (90) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. The City will mail application forms to existing 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 within the time period provided, the Council may, if the other provisions of this Section are complied with, grant the application. 1180.07. Execution of Application. If application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the general partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond shall be made and issued in the name of all partners. Any false statement in an application shall result in denial of the application. 1180.09. Granting Licenses Subdivision 1. Investigation At the time of making an initial or renewal application, the applicant shall, in writing, authorize the Hopkins Police Department to investigate 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 Department to release information received from such investigation to the City Council The applicant shall have an opportunity to review such information before it is released to the City Council Subd. 2. Vote Reauired or refuse the application. After such investigation, the Council shall grant Subd. 3. License Not Transferable. Each license shall be issued to the applicant only and shall not be transferable, except as allowed in Section 1180.11. Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. 1180.11. Corporations. Partnerships or Associations. Subdivision 1. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the Council, in which event said license shall continue in force until the end of the then current license year. Subd. 2. Licenses issued to associations or partnerships 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 licensee shall continue in force until the end of the then current license year. . Subd. 3. Corporation, partnerships 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 any 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 in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this Section. 1180.13. Payment of Fees. Subdivision 1. Fees. The Hopkins City Council shall, by resolution, set the annual license fee, investigation fee and fee for an amendment to the license for pawnshops. Subd. 2. Initial Fees. The annual license and investigation fees for a new license shall be paid in full before the application for the license is accepted. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee only shall be refunded to the applicant except where rejection is for a willful misstatement in the license application Subd. 3 Renewal Fees. 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. 1180.15. Bond Required. At the time of filing an application for a license, the applicant shall file a bond in the amount of Five Thousand Dollars ($5,000) with the City Clerk. The bond, with a duly licensed surety company 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, in relation to the business of pawnbroker, and that the licensee will account for and 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. 1180.17. Persons and Places Ineligible for License. shall be granted to or held by any person who: Subdi vis ion 1. No license 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; c) Is not a citizen of the United States or a resident alien; d) Holds an intoxicating liquor license under Chapter XII of this Code; or e) In the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license 1180.19. Conditions of Licenses Subdivision 1 Records Every licensee, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in a book consisting of ink, computer printout or other indelible medium, the following information: a) An accurate description of the article, in English; and any numbers written, stamped, impressed or engraved thereon together with the name of the manufacturer if the name is on the article; b) The amount of money loaned upon or pledged therefor; c) The date, time and place of receipt of the item; d) The name, residence address, date of birth and reasonably accurate description of the person from whom the item was received; and e) The identification number from one of the following forms of identification of the person from whom the item was received: 1) A valid Minnesota driver's license; 2) A valid Minnesota identification card; or 3) A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification Subd 2 Disposition of Articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and, in the case of items sold for more than $75.00, the name, address and telephone number of the purchaser. Subd. 3. Ins-pection of Records. The records referred to in this section shall be open to the inspection of the City police officer at all reasonable times and shall be retained by the licensee for at least four (4) years. Subd. 4 Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with the entry in the licensee's records. The certificate shall contain the substance of the entry. Subd. 5. Reports to Police. Each licensee shall prepare and deliver to the Chief of Police, every day before 12:00 noon, on forms prescribed by the City Clerk, a legible, correct and complete copy from the records hereinbefore required, and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. The report and description shall be signed and delivered, in person, by the person making the report to the Chief of Police unless otherwise directed, in writing, by the Chief of Police. Subd 6. Exceptions to Re-ports. No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the City police department when demanded. . Subd. 7. Thirty-Day Redemption Period Any person pledging, pawning or depositing an article for security shall have a minimum of thirty (30) days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. Subd. 8. Minimum Period Before Redemption or Sale. No personal property on deposit with any licensee nor property purchased by or sold to, or in any other ways coming into the possession and under the control of any licensee in the due course of business, shall be permitted to be redeemed from the place of business of the licensee for a period of forty-eight (48) hours, nor shall the property be sold within ten (10) days after the copy and statement required to be delivered to the Chief of Police has been delivered. Subd. 9. Police Restrictions on Sale Whenever the Chief of Police shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Chief of Police. Such time shall in no case exceed the period of six (6) months from the date of such notification. Subd. 10. Payment by Check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. The licensee may cash the check . Subd. 11. Posting License All licensees shall post their licenses, in a conspicuous place, in the licensed premises near the licensed activity. Subd. 12. Responsibility of Licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee Subd. 13. Penalty for Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Section. Subd. 14 Restricted Hours of Operation. No licensee shall be open for the transaction of business on any day of the week before 7.00 a.m. or after 10:00 p.m 1180.21. Minors. No licensee shall purchase or receive personal property, of any nature, on deposit or pledge from any minor. 1180.23. Inspection. Subdivision 1 Stolen Goods Any licensee shall, at all times during the term of the license, allow any City police officer to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any City police officer. Subd. 2. Inspection by Claimed Owner. All goods, wares or merchandise coming into the possession of any licensee, under the terms hereof, shall at all tim~s be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by the City police officer '" Subd. 3. Disposition of Stolen Property. Property which is demonstrated by the Police Department to have been stolen will be turned over to the Police Department for disposition. No reimbursement shall be made to the pawnshop for this property. 1180.25. Refusal. Suspension or Revocation. Subdivision 1. False Statements. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application, or any omission to state any information called for on such application form, shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto, void. Prior issuance is of no effect to protect the applicant from prosecution for violation of this section or any part hereof. Subd. 2. Violation of Laws. The City Council may suspend or revoke a license issued under this Section upon a finding of a violation of any of the prov~s~ons of this Section or any state statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. Subd. 3. Hearing Required. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension of a license by the Council shall be preceded by a public hearing conducted in accordance with Minn. Stat. 15.0418 to 15.0426. The City Council may appoint a hearing examiner or may conduct a hearing itself The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. First Reading: July 2, 1991 Second Reading: October 1, 1991 Date of Publication: October 9, 1991 Date Ordinance Takes Effect: Attest: .