HomeMy WebLinkAboutNo 453 Providing for the Regulation of Pawnbrokers and Dealers in Secondhand GoodsORDINANCE NO. 453
AN ORD114ANCE PROVIDIiWG FOR T"
RRGULATIOA OF PAWNBROKERS A14D DhALERS
IN SLCO.UDW&W GOUi)S
The Council of the City of Maplewood does hereby ordain as follows:
b44.010 PAWNBROKUS
(a) too person shall exercise, carry on or engage in the trade or business
of pawnbroker within the City of Maplewood without first having obtained
a license to do so in conformance with the provisions of this chapter.
(b) For purposes of this ordinance, a pawnbroker is a person who loans
honey on deposit or pledge of persoual property, or other valuable thing,
or wUo deals in the purchasing of personal property or other valuable tieing
on condition of selling Lite same back again at a stipulated price, or who
loans :coney secuued by chattel mortgage on personal property, taking Poss-
essiou of tree property or any part thereof so mortgaged.
(c) The annual license fee for a pawnbroker's license shall be $SU.UO.
(d) before such person shall be licensed to conduct suci1 pawnbrokers business
iu.said city, application therefore must be made to the City Clerk. A copy
of the application for such license shall be delivered to the Chief of Police
or an officer duly detailed by him for such purpose who shall investigate
the applicant and report the results of such investigation to the Chief of
Police, who shall make a recoL=eudatiou for Lite approval or disapproval
of such application to said City Clerk; provided, however, that no person
small be licensed hereunder who has been convicted of having received stolen
goods or of any infractinu of the terms and provisions of this section or
of any of the ordinances of the City of Haplewood regulating the business of
pawnbrokering; proviued further, that in denying; any license hereunder based
upon such conviction, the City Clerk shall follow the procedures in these
chapters and ir► Minnesota Laws, 1974, Chapter 296.
(e) iwild. liefore any persou scall be licensed as a pawnbroker, such applicant
shall file a bout: in the sunt of Two Tuous3aad (92,000.00) wilars with a duly
licensed surety company as surety thereon, such surety bond to be approved
by the City Clerk anti said bond to be approved as to fora and execution by
Lite City Attorney; a condition of said bond shall be that such licensee shall
observe the ordinances of said City in relation to the business of pawnbroker
and that such licensee will conduct said business in conformity therewith and
will account for and deliver to any person legally entitled thereto any goods,
bares or merciiandise, article or thing which may have come into the possession
of such liceacee as pawnbroker or in lieu ulereof such licensee shall pay in
money to such person or persons the reasonable value thereof.
(f) Records
(1) Ledger. ivery person licensed under the terms hereof shall keep a
ledger in which shall be legibly written in ink at the time of each loan
or purchase, an accurate account or description in the English language
of the goods, articles or other things deposited, left, sold or purchased
or pledged or pawned, the al uut of money loaned upon or pledged therefore,
the time of the receipt of the same, the name, residence, and a reasonably
accurate physical description of the person pawning, pledging, selling, leav-
ing or depositing the same, and if the article be a watch or ohher goods of
gold or silver manufacture, the number or numbers written, stamped, impressed
or engraved thereto, together with the name of the manufacturereof the same,
if such naiae is placed in any position or in any way upon such goods or
article, and such entry as above described shall be regularly numbered; and
the ledger in tiiis section referred to shall be known as Ledger Ao. 1 and
shall be at all reasonable times open to the inspection of any member of tiie
Police Department of the City of Maplewood.
(2) Receipt hook. (very person licensed under the terms hereof shall deliver
to the person pawning, pledging, selling, leaving or depositing any goods,
articles or things, a certificate number to correspond with the entry in
Ledger iio. 1, which said certificate small contain tiie substance of such
entry.
(3) Ledger iio. 2. trach person licensed under tine terms hereof shall keep
a ledger to be called Ledger Ao. 2, wherein shall be entered an accurate and
correct account of all scales of goods, articles or things sold or disposed of
by hira which may have originally been deposited, left witti or sold to or
purchased by or pledged or pawned to him, taiserein scall be marked upon properly
numbered entry together with a proper reference to the original transaction
as entered in Ledger iio. 1, and the corresponding number of the entry in
Ledger iio. 1 an account of such sale, with the date thereof and the amount
for which the same was sold, and the ledger in this section referred to shall
be at all reasonable times open to the inspection of any member of tine Police
Department of tiie dity of haplewood.
(4) Reports to Police. Tach person licensed under tae terms ixeeaf shall
mane out and deliver to the Chief of Police every day, before the hour of
twelve noon, a legible, correct and complete copy from each of the ledgers
hereinbefore required, and a true and correct account of all personal property
or other valuables received or deposited or purchased or pledged or pawned
as indicated in Ledger iio. 1, or sold or otiie:rwise disposed of, as indicated
in Ledger iio. 2, during the preceding clay, and said report and description
siiall be signed by the person giving it to the Chief of Police, and shall be
delivered in person by the person making said report to said Chief of Police
or to an officer duly detailed by said Chief of Police for such purposes
when tine sane is required by said Chief of Police. Provided, however, that
no person shall be required to furnish sucii descriptions of any property pur-
chased 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 isaving an establisiied place of bus-
iness, but any goods in this proviso referred to must be accompauied by a bill
of sale or other evidence of open or legitimate purci►ase, ane ,uust be shown
to the Chief of Police, or any member of the police department, when so
demanded.
(5) 90 -day Redemption Period. Any person pledging, pawning or depositing an
article for security shall have ninety (90) days fron the date when tae loan
or pledge becomes due and payable to redeem the sauce before tie same becomes
forfeitable.
(6) No personal property on deposit with any person licensed under the Lends
hereof, nor property purchased by or sold to or in any other way coming into
the possession and under the control of any licensee hereunder in the due
course of said business shall be permitted to be redeemed from the place of
business of such licensee for a periori of seventy-two (72) hours, nor shall
such property be sold within ten (10) days after the copy and statement re-
quired to be delivered to the Director shall have been delivered as herein-
before required.
(7) Police Restrictions on Sale. Whenever the Chief of Police shall notify
any licensee hereunder not to sell or perrait to be redeemed any goods or
articles received on deposit or purchased by such licensee, such goods or
articles shall not be permitted to be redeemed, nor shall the: same be solei
until suck tine as zaay be determined by the Chief of Polices provided that
such time shall in no case exceed the period of six (6) months froea Lite date
of such notification.
(6) iso person shall hereafter exhibit or maintain any sign usually known as
a pgwnbroker's sign, or in any manner advertise to loan Money on deposit or
pledge of personal property or other valuable tuia8, without first having
obtainer: a license as provided herein, and nou-compliance with the terms of
this section will be prima facie evidence of the fact that a pawnbroker's
business is being prosecuted and carried on.
(9) Report of Stolen or Lost Goods, If any goods, articles or things shall
be advertised in any public newspaper as having been lost, or stolen, anu such
goods, articles or things shall be, or shall titereaf ter conte into Lite possess-
ion of any licensee under the terms hereof, said licensee shall, upon actual
notice hereof, immediately thereafter, as a supplement to said licensee's
daily report for that day to the Chief of Police give information in writing
that certain goods, articles or things advertised are in said licensee's
possessiou and shall not hhereafter dispose of the same except upon written
authority so to do from the Chief of Police.
(10) Any person licensed under this Ordinance shall immediately report to the
iSaplewood Police Department any attempt to sell, trade or barter any merctian-
dise with a serial number that has been removed, altered, obliterated or
otherwise defaced according to Minnesota Mate Statutes.
(g) liours, Juveniles. iio person licensed under the teras hereof shall keep his
office or store open for the transaction of business on any day of the week before
seven o'clock in the morning, nor after ten o'clock in the evening, nor shall any
person licensed under the terms hereof purchase or receive personal property of
any nature on deposit or pledge from any juvenile, as defined by law.
(h)
(1) Inspection. Any person licensed under the provisions of this section
shall, at all times during the terns of said license, allow the officers of
the Haplewood Police Department to enter the premises where said licensee
is carrying on such business, for the- purpose of inspecting such premises and
inspecting the goods, wares ane.merchandise therein for the purpose of locating
goods suspected or alleged to have been stolen or otherwise improperly dis-
posed of.
(2) All goods, wares or merchandise coming into the possession of any
licensee under the terms hereof shall at all times be open to the in-
spection 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 a police officer of the City of Maplewood;
nor shall any licensee under the terms hereof hide, conceal or stow away
any article in his possession from any nmmber of the Police Department
of the City of Maplewood.
844.020. DEALLRS IN SgCONDHMD GOODS
(a)
(1) No person shall exercise, carry on or be engaged in the business of
buying and selling of second hand goods of any kind in the City of Maple-
wood without a license; provided, however, that persons so doing at an
exhibition licensed under subsection (a) (3) are exempt.
(2) into person shall exercise, carry on or be engaged in the business of
buying and selling antiques of any kind in Maplewood without a license;
provided however, that persons so doing at an exhibition licensed under
subsection (a) (3) are exempt.
(3) No person shall have or hold an exhibition, convention, show or ex-
position of secondhand goods or antiques, lasting more than three days
in duration, in Maplewood without a license.
(4) This section shall not apply to any person engaged in the business
of dealing in secondhand motor vehicles nor to any person, firm or cor-
poration engaged in the business of dealing in secondhand parts for motor
vehicles nor to any person, firm or corporation taking goods and merchan-
dise.as part or full payment for new goods and merchandise. Nor shall
this section apply to or include the business of buying, selling or ship-
ping in wholesale lots any scrap iron, used metal, or dismantled motor
vehicles in the course of reprocessing or transforming such materials
into forms, conditions, or substances required for the use of such mater-
ials in smelters, foundries or other reporcessing plants except that a
special permit shall be required for the location of any such business.
(b) The annual license fee for a dealer in secondhand goods as set forth in
subsections (a) (1), (a) (2) and (a) (3) is $50.00.
(c)
(1) The application for a license under subsection (a) (3) shall contain
the name and address of the person or persons who will be responsible for
the conduct and management of the exhibition, convention, show or expos-
ition, the names and addresses of all persons exhibiting or showing
secondhand goods or antiques at such exhibition, convention show or
exposition, and the dates, time and place during which such exhibition,
convention, show or exposition will be held.
(2) The applicant for a license under subsection (a) (3) shall file with
the City Clerk a bond in the sum of Five Thousand ($5,000.09) Dollars with
a surety company duly licensed to do business in the State of Minnesota
and said bond to be approved as to form and execution by the City Attorney;
conditioned that the person or persons exhibiting or showing secondhand
goods or antiques shall observe all ordinances and laws in relation to
(d)
dealers in secondhand goods and antiques and conduct the business in
conformity thereto and shall account for and deliver to any person legally
entitled thereto any goods, wares or merchandise, article or thing which
may cone to his or hheir hands through the business transacted in such
exhibition, convention show or exposition or, in lieu thereof, shall pay
in money to such person or persons the reasonable value thereof.
(3) The applicant for licenses under subsections (a) (1) and (a) (2)
shall file with the City Clerk a bond in the sum of One Thousand ($1,000.001
Dollars with a surety company duly licensed to do business in the State
of Minnesota and said bond to be approved as to form and execution by
the City Attorney; conditioned that such licensee shall observe the or-
dinances of said city in relation to the business of secondhand dealers or
antique dealers and that such licensee shall conduct said business in
conformity hherewith and will account for and deliver to any person
legally entitled thereto any goods, wares, or merchandise, article or
thing which may have come into the possession of such licensee or in lieu
thereof such licensee shall pay in money to such person or persons the
reasonable value thereof.
(4) The applicant shall apply to the City Clerk for such license and a
copy thereof shall be forwarded to the Chief of Police of said City; said
Chief of Police or an officer duly detailed by him for such purpose shall
investigate the applicant and report the results of such investigation
to the Chief of Police together with a recommendation of approval or dis-
approval of such application by said Chief of Police; provided, however,
that no person shall be licensed under the terms hereof who may at any
time prior to the issuance of said license been duly convicted of having;
received stolen goods or of any infraction of the terms and provisions
of this section; provided, however, that the Chief of Police follows the
proc4idures required by these chapters and Minnesota Laws 1974, ch. 298,
if the license is to be denied on the basis of criminal convictions.
W Hours of Business - Juveniles. No person so licensed shall keep his
office or store open for the transaction of business on any day of the
week before seven o'clock in the morning, nor after ten o'clock in the
evening, nor shall any person so licensed purchase or rweive personal
property of any nature from any juvenile.
(2) Records. It is the intent of the provisions of this section to
provide for such record keeping and reporting as is deemed necessary to
insure the orderly and complete transaction of title to items, mentioned
herein, as they are bought or sold.
Every person hereunder licensed shall keep a ledger in which shall be
clearly and legibly wirtten, at the time of such purchase, an accurate
account or description, in the English langaage, of the goods, articles,
antiques or things purchased; the amount of money paid therefore; the
date and time of the receipt of the same; the name and address of the
person selling the same, and the serial numbers and brand name of such
goods, articles, antiques or things. The ledger, as well as the items
mentioned herein that are bought by the licensee, shall be kept at the
licensee's usual place of business and shall be open to inspection at all
resonable times by the Chief of Police or his representative.
In addition, every person licensed hereunder shall complete and deliver
to the Chief of Police, within three days after a purchase of any items
aforementioned, and on such forms as he shall provide and in such manner
as he shall direct, a complete description of the property purchased by
the licensee; a complete physical description of the seller; the seller's
residence; the seller's driver's license number; the amount of the trans-
action; the date and time of the transaction and any serial numbers or
brand names of the property purchased.
(3) Sales After Reporting to the Chief of Police. No property, mentioned
in this section, purchased by any person licensed hereunder, shall be
sold by or be permitted to be removed from the place of business of such
licensee for a pelord of ten days, after the aforementioned forms are
completed by the licensee, and shall have been delivered by the licensee
to the Chief of Police as hereinbefore required.
(4) Orders of Chief of Police. Whenever the Chief of Police shall notify
any licensee hereunder not to sell or permit to be removed any goods or
article purchased by such licensee, such goods or articles shall not be
permitted to be removed, nor shall the same be sold until such time as
may be determined by the Chief of Police; provided, that such date shall
in no case exceed the period of six months from the date of such notif-
ication.
(5) Advertised Articles. If any goods, articles or things shall be
advertised in any public newspaper as having been lost or stolen and such
goods, articles or things shall be, or shall thereafter come into the
possession of any licensee under the terms hereof, said licensee shall,
upon actual notice hereof, immediately thereafter give information in
writing that certain godds, articles or things advertised are in said
licensee's possession, and shall not thereafter dispose of the same except
upon wr;tten authority to do so from the Chief of Police of the City of
Maplewood.
(6) All goods, wares of merchandise coming into the possession of any
licensee under the terms hereof shall at all times be open to the 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 a police officer of the City of Maplewood; nor shall any
licensee under the terms hereof nide, conceal or stow away any article
in his possession from any member of the police department of the City
of Maplewood.
(7) Any person licensed under this Ordinance shall immediately report
to the Maplewood Police Department any attempt to sell, trade or barter
any merchandise with a serial number that has been removed, altered,
obliterated or otherwise defaced contrary to Minnesota Statutes.
This ordinance shall take full force and effect from and after its passage and
publication.
Passed by the City Council of the
City of Maplewood, Miunesota, this
7th day of September, 1978.
Attest:
Ayes - 4
Clerk
Nays - 0
AFFIDAVIT OF PUBLICATION
'Suite of C4linmoom
County of Ramsey I
..................................... X w...LhE'r.�uQ. Pr...� �..Fr.......u..'.., being duly sworn, on oath says
he is and during all the times herein stated has been the ........p.r?.iSt a.n.t_. ru.b.11S fifer,,,,,,,,,,,,,
........................... ....................... publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local Dost office. (5) Said newspaFer
purports to serve the Village of Maplewood in the County of Ramsey and it has Its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper.
He further states on oath that the printed Ordinance. , No ,...45.3
................. P?,...40 ...................
............................................................. hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein In the English language, once each week, for
......... ................ QJJ.ei...........
..successiveweeks; that it was first so published on Wednesday the
day of ............................September...of 19.. and was thereafter printed and pub.
...........
l ished on every Wednesday to and Including Wednesday the .................. day of
.......................................... 19.... and that the following is a printed copy of the lower case alphabet
from A to i, both inclusive, and Is hereby acknowledged as being the size and kind of used in
the composition and publication of said notice, to wit:
abcdefgh i j kl mnopgrstuvwxyz kind/
................. ............. ....................... .........................
Subscribedand sworn tobefore methis.?vth....dayof .September ...........................19..1.0
,.� ✓... .................L.l.....>.�.YeRl
..................
Notary public, .................. BEAT -RM -9. -Ounty, Minnesota
My Commission Expires ... '.........;1;-RamseY.:................:0.. 19....
-;ion Expirca _, . W
OR OfNANCE NO. 453
AN ORDINANCE PROVIDING
FOR THE REGULATION
OF PAWNBROKERSAND DEALERS
IN SECONDHAND GOODS
The Council of the City of Maplewood does hereby
ordain as follows:
844.010 PAWNBROKERS
(a) No person Shall exercise, carry on or engage in the
trade or business of pawnbroker within the City of
Maplewood without first havng obtained a license to do
SO in conformance with the provisions of th s chapter
'bW ror purposes of this ordinance, a pawnbroker is a
Person who loans money on deposit or pledge of a
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.
(c) The annual license fee for a pawnbrokers license
shall be $50.00.
(d) Before such person shall be licensed to conduct
such pawnbrokers business in said City, application
therefore must be made to the City Clerk. A copy of the
application for such license shall be delivered to the
Chief of Police or an officer duly detailed by him for
such purpose who shall investigate the applicant and
report the results of such investigation to the Chief of
Police, who shall make a recommendation for the ap.
Proval or disapproval of such application to said City
Clerk; provided, however, that no person shall be
licensed hereunder who has been convicted of having
received stolen goods or of any infraction of the terms
and provisions of this section or of any of the ordinances
of the City Of Maolewood regulating the business of
pawnbrokering; Provided further, that in denying any
license hereunder *ased upon such conviction. row City
Clerk shall follow ine procedures in these chaoters and
in Minnesota Laws, 1974, Chapter 298.
(e) Bond. Before any person shall be licensed as a
pawnbroker, such applicant shall file a bond In the sum
of Two Thousand ($2,000.001 Dollars with a duly licensed
surety company as surety thereon, such surety bond to
be approved by the CJv Clerk and said bond to be ap.
proved as to form and execution by the City Attorney; a
condition of said bond Shall be that such licensee shall
observe the ordinances of said City in relation to the
business of pawnbroker and that such licensee will
conduct said business in Wriformity therewith Ono will
account for and deliver %any Person legally entitled
thereto any goods, Wates... -Or merchandise, erticie or
thing which may have COM* into the possession of such
licensee as pawnbroker Orin lieu thereof such licensee
shall pay in money to 51ach person or persons Me
reasonable value thereof.
(f) Records
(1) Ledger. Every person licensed under Me terms
hereof shall Keep a ledger in which shall be legibly
written in irk at The time of each loan or purchase, ar,
accurate account or description n the English language
of the goods, articles or other things deposited, teff, sold
or Purchased or pledged or Pawned, the amount Of
money loaned upon or Pledged therefore, the time of'tfe
receipt of The same, the name, residence, and a
reasonably accurate physical description of the person
Pawning, Pledging, selling, leaving or depositing tye
same, and if the article be a watch or other goods of gold
or silver manufacture, Me number or numbers written.
stamped, impressed Or engraved thereto, together with
the nameof the manufacturer of the same, it such name
is placed in any POSihOn Orin any way upon such goods or
article, and such entry as above described shall be
regularly numbered; and the !eOger in this section
referred to shall be known as Ledger No. 1 and shall be
at all reasonable times open to the inspection of any
member of the Police Department of the City of
Maplewood.
(2) Receipt Book. Every person licensed under the
terms hereof shall deliver to the person pawning,
Pledging, selling, leaving or depositing any goods, ar-
ticlesor things, a certificate number to correspond with
the entry in Ledger No. 1, .Mich said certificate shall
Contain the substance of such entry.
(3) Ledger No. 2. Each Person licensed under the
terms hereof shall keep a ledger to be called Ledger No.
2, wherein shall be entered an accurate and correct
account Of all sales of goods, articles or things Sold or
disposed Of by him which may have originally been
deposited, left with or sold 10 or purchased by or pledged
or pawned to him, wherein Shall be marked upon
properly numbered entry together with a proper
reference number of the entry in Ledger No. 1 an ac-
count of such sale, with the date thereof and the amount
for which the same was sold, and the ledger in this
section referred to shall beat all reasonable times open
TO the inspection of any member of the Police Depart
ment of the City of Maplewood.
(4) Reports to Police. Each person licensed under the
terms hereof shall make uut and deliver to the Chief of
Police every day, before the hour of twelve noon, a
legible, correct and complete copy from each of the
:edgers hereinbefore required, and a true and correct
account of all personal property or other valuables
received or deposited or Purchased or pledged or
pawned as indicated in Ledger No 1, or sold or other-
wise disposed of, as Indicated in Ledger No. 2; during
the preceding day, and said report and description shall
be signed by the person giving it to the Chief of Police,
and -hall be delivered in person by the Person making
said report to said Chief of Police or to an officer duly
detailed by said Chief of Oolice for such purposes when
the same is required by said Chief W Police. Pr viced,
however, that no Person shall be required to furnish
such descriptions of any property purchased from
manufacturers and wholesale dealers having an
established placeof business, orof any goods purchased
at an open sale from any bankrupt rtock, or fre n any
other person doing business and having an established
place of business, but any goods in this proviso referred
to rr•;st be accompanied by a bill of sale or other
evidence of open or leillitimate ourchase. anti --t w
(5) 90 day Redemption Period. Any person pledging,
pawning or depositing an article for security shall have
ninety (90) days from the date when the loan or pledge
becomes due and payable to redeem the same before
the same becomes forfeitable.
(6) No personal property on deposit with any person
licensed under the terms hereof, norpropertypur-
chased by or sold to or in any other way coming into the.
possession and under the control of any licensee
hereunder in the due course of said business shall be
permitted to be redeemed from the place of business of
such license for a period of seventy-two (72) hours, nor
shall such property be sold within ten (10) days after the
copy and statement required to be delivered to the
Director shall have been delivered as hereinbefore
required.
(7) Police Restrictions on Sale. Whenever the Chief of
Police shall notify any licensee hereunder not to sell or
permit to be redeemed any goods or articles received on
depositor purchased by such licensee, such goods or
articles shall not be permitted to be redeemed, nor .shall
the same be sold until such time as may be determined
by the Chief of Police provided thatsuch time snail in no
case exceed the period of six (6) months from the date of
such notification.
(8) No person shall hereafter exhibit or maintain any
sign usually known as a pawnbroker's sign, or in any
manner advertise to loan money on deposit or pledge of
personal property or other valuable thing, without first
having obtained a license as provided herein, and non-
compliance with the terms of this section will be prima
facie evidence of the fact that a pawnbroker's business
is being prosecuted and carried on.
(9) Report, of Stolen or Lost Goods. If any goods, ar-
ticles or things shall be advertised in any public
newspaper as having been lost, or stolen, and such
goods, articles or things shall be, or shall thereafter
come into the possession of any licensee under the terms
hereof, said licensee shall, upon actual notice hereof,
immediately thereafter, as a supplement to said
licensee's daily report for that day to the Chief Of Pollee
give information in writing that certain goods, articles
or things advertised are in said licensee's possession
and shall not thereafter dispose of the same except upon
written authority to do so from the Chief of Police.
(10) Any person licensed under this Ordinance shall
immediately report to the Maplewood Police Depart.
ment any attempt to sell, trade or barter an mer-
chandise with a serial number that has been =01,0ed,
altered, obliterated or otherwise defaced according to
Minnesota State Statutes.
(g) Hours, Juveniles. No person licensed omw the
terms hereof shall keep this office or store open for the
transaction of business on any day of the week before
seven o'clock in The morning, nor after ten o'c`ock in the
evening, nor snail any person l icensed under the terms
hereof purchase or receive personal property Of any
nature on deposit or pledge from any juvenile, as
defined by law.
(h)
(1) Inspection. Any person licensed under the
provisions of this section Shall, at all times during the
term of said !icense, allow the officers of the Maplewood
Police Department to enter the premises where said
licensee is carrying on such business, for the purpose of
inspecting such premises and inspecting the gOoas,
wares and merchandise therein for the purpose of
locating goods suspected or alleged to have been stolen
or otherwise improperly disposed Of.
(2) All goods, wares or merchandise coming Imo the
possession of any licensee under the terms hereof 5111811
at at! times be )pen to the 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 a police
officer of the City of Maplewood; nor shall any licensee
under the terms hereof hide, conceal or stow away any
article in his possession from any member of the Police
Department of the Cly of Maplewood.
844.020. DEALERS IN SECONDHAND GOODS
(a)
(1) No person shad exercise, carry an or be engaged
in the business of buying and selling of second hand
goods of any kind in the City of Maplewood without a
license; provided, however, that persons so doing at an
exhibition licensed under subsection (a) (3) are exempt.
(2) No person shall exercise, carry on or be engaged
n the business of buying and selling antiques of any
kind in Maplewood without a license; provided
however, that persons so doing at an exhibition licensed
under subsection (a) (3) are exempt.
(3) No person shall have or hold ar exhibition, con-
vention, show or exposition of secondhand goods or
antiques, lasting more than three days in duration, in
Maplewood without a license.
(4) This section shall rat apply to any person engaged
in the business of dealing in secondhand motor vehicles
nor to any person, firm or corporation engaged in the
business of dealing in secondhand parts for motor
vehicles nor to any person, firm or corporation taking
goods and merchandise as part or full payment for new
goods and merchandise. Nor shall this section apply to
or include the business of buying, selling or shippin, in
wholesale lots any scrap iron, used metal, or dismantled
motor vehicles in the course Of reprocessing or tram
&forming such materials foto forms, conditions, or
substances required for the use of such materials in
smelters, foundries or other reprocessing plants except
that a special use permit shall be required for the
location of any such business.
(b) The annual license fee for a dealer in secondhand
goods as set forth in subsections (a) (1), (a) (2) and (a)
(3) is $50.00.
(c)
(1) The application for a license under subsection (a)
(3) shall contain the name and address of the person or
persons who will be responsible for the conduct and
management of the exhibition, convention, show or
exposition, the names and addresses of all persons
exhibiting or showing secondhand goods or ant ques at
such exhibition, convention show or exposition, and the
dates, time and place during which such erhibition,
convention, show or exposition will be held.
(2) The applicant for a license under subsection (a)
(3) shall file with the City Clerk a bond in the sum of
Five Thousand (45,000.00) Dollars with a surety com-
pany duly licensed to do business in the State of Min-
nesota and said bond to be approved as to form and
execution by the City Attorney; conditioned that the
Person or persons exhibiting or showing secondhand
goods or antiques shall observe ail ordinances and laws
in relation to dealers in secondhand goods and antiques
and conduct the business in conformity thereto and shall
account for and deliver to any person legally entitled
thereto any goods, wares or merchandise, article or
thing which may Come to his or their hands through the
business transacted in such exhibition, convention,
show or exposition or, in lieu thereof, shall pay in money
to such person or persons the reasonable value thereof
(3) The applicant for licenses under subsections (a)
(1) and (a) (2) shall file with the City Clerk a bond in the
sum of One Thousand (51,000,00) Dollars with a surety
Company duly licensed to do business in the State of
Minnesota and said bond to be approved as to form and
execution by the City Attorney; conditioned that such
licensee shali observe the ordinances of said city in
relation to the business of secondhand dealers or an-
tique dealers and that such licensee shall conduct said
business in conformity therewith and wi!I account for
and deliver to any person legally entitled thereto any
goodswares, or merchandise, article or thing which
may have come into the possession of such I icensee or in
lieu thereof such licensee shall pay in money to such
Person or persons the reasonable value thereof
f4) The applicant shall apply to the City Clerk for such
license and a copy thereof shall be forwarded to the
Chief M Police of said City; said Chief of Police or an
officer duly detailed by him for such purpose shall in.
vesiNgate the applicant and report the results of such
investigation to the Chief of Police together with a
recommendation of approval or disapproval of such
application by said Chief of Police;_ provided, however,
Mat nr, person shall be licensed under the teras hereof
who may at any time pir or to the issuance of said license
been duly convicted of having received stolen goods or
of any infraction of the terms and provisions of this
section; provided, however, that the Chief of Police
follows the procedures required by these chapters and
Minnesota Laws 1974, ch. 298, if the license �s to be
denied on the basis of criminal convictions.
(d)
,T) Hours of Business — Juveniles. No person so
licensed shall keep his office or store open for the
transaction of business on any day of the week before
seven o'clock in the morning, nor after ten o'clock in the
evening, nor shall any person so licensed purchase or
receive personal property of any nature from any
juvenile.
2) Records, It is the intent of the provisions of this
section to provide for such record keeping and reporting
as is deemed necessary to insure the orderly and
complete transaction of title to items, mentioned herein,
as they are bought or sold.
Every person nereunder iicensed snail Keep a eoyer
in which shall be clearly and legibly written, at the time
of such purchase, an accurate account or description, in
the English language, of the goods, articles, antiques or
things purchased; the amount of money paid therefore;
the date and time of the receipt of the same; the name
and address of the person selling the same, and the
serial numbers and brand name of such goods, articles,
antiques or things. The ledger, as well as the items
mentioned herein that are bought by the licensee, shall
be kept at the licensee's usual place of business and
shall be open to inspection at all reasonable times by the
Chief of Police or his representative.
!n addition, every person licensed hereunder shale
completeand deliver to the Chief of Police, within three
days after a purchase of any items aforementioned, and
on such forms as he shall provide and in such manner as
he shall direct, a complete physical description of the
setar; the seller's residence; the seller's driver's
license number; the amount of the transaction: the date
and timeof the transaction and any serial numbers or
brand names of the property purchased.
(3) Sates After Reporting to the Chief of Police. No
property, mentioned in this section, purchased by any
person licensed hereunder, shall be sold by or be per-
mitted to be removed from the place of business of such
licensee for a period of ten days, after the aforemen
tioned forms are completed by the Ilcensee, and shat'
have been delivered by the licensee to the Chief of
Police as hereinbefore required.
(4) Orders of Chief of Police. Whenever the Chef of
Police shall notify any licensee hereunder not to sell or
permit to be removed any goods or article purchased by
such ttcensee, such goods or articles shall not be per
miffed to be removed, nor shall the same be sold until
such time as may be determined by the Chief of Police,
prorded, that such date shall in no case exceed the
Per`od of six months from the date of such notification.
f5) Advertised Articles. If any goods, articles or
things shall be advertised in any public newspaper as
having been lost or stolen and such goods, articles or
things shall be, or shall thereafter come into the
possession of any licensee under the terms hereof, said
licensee snail, upon actual notice hereof- immediately
thereafter give information in writing that certain
goods, articles or things advertised are in said licen
see's possession, and shah not thereafter dispose of the
same except upon &ittten authority to do so from the
Chief of Police of the City of Maplewood.
16) All goods, wares or merchandise coming 'nto the
possession of any licensee under the terms hereof shall
at all times be open to the inspection and right of
examination of any person claiming to have been the
owner thereof, or claiming to have had any interest
herein, when such person is accompanied by a police
officer of the City cf Maplewood; nor shall any licensee
under the terms hereof hide, conceal or stow away any
article A his possession from any member of the police
department of the City of Maplewood.
(7) Any person licensed under this Ordinance shalt
immediately report to the Maplewood Police Depart
merit any attempt to sell, trade or barter any mer-
chandise with a serial number that has been removed,
altered, obliterated or otherwise defaced contrary to
Minnesota Statutes.
This ordinance shall take full force and effect from
and after its passage and publication.
Passed by the City Council of the City of Maplewood,
Minnesota: this 7th day of September, 1978.
-s- John C. Greavu
Mayor
Attest'
-s- Lucille E. Aurelius
Clerk
Ayes — 4
Nays — 0
(Review: Sept. 20, 1978)