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HomeMy WebLinkAboutOrdinance 833 ORDINANCE NO. 833 BEING AN ORDINANCE RELATING TO PA~NBROKERS AND DEALERS IN SECONDHAND GOODS OR JU1CK AND REPEALING ORDINANCE NO. 450 THE CITY OF COLUbfBIA HEIGHTS DOES ORDAIN: Section 1. Section 2. Definitions Pawnbroker: A person 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 loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. Secondhand Goods Dealer: A person engaging in the business of buying or selling, or both, of secondhand goods of any kind, including wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled, but excepting goods and merchandise taken as part or full payment for new goods and merchandise. Limited License Any person or persons, association or corporation desiring to have an exhibition, convention, show or exposition of secondhand goods or antiques for a limited period of time may apply to the City Council for a license so to do. The application shall contain the name, or names, of the persons desiring or who will be responsible for the exhibition, convention, show or exposition, and the dates, time and place during which such exhibition, convention, show or exposition will be held, provided that such period of time shall not exceed five calendar days; and the application shall give the name and address of the person, or persons, who will be responsible for the conduct and management of such exhibition, convention, show or exposition, and such person, or persons, shall give bond to the City of Columbia Heights written by a surety company authorized to do business in the State of Minnesota in the penal sum of $5,000, and conditioned that the principal named therein will observe all laws in relation to dealers in secondhand goods and antiques and conduct the business in conformity thereto, and will account for and deliver to any person legally entitled thereto any goods, wares or merchandise, article or thing, which Section 3. Section Section 5. Section 6. may have come into his or their hands through the business transacted at such exhibition, convention, show or exposition, or, in lieu thereof, will pay in money to such person or persons the reasonable value thereof. Garage sales in residential districts, otherwise permitted by the Zoning Code, shall not require a license hereunder. The fee for such license shall be set by resolution of the City Council. The City Council may waive such license fee and bond requirement for church, charitable, and public service organizations. Exclusion of Reprocessing This Ordinance shall not apply to or include the business of buying, selling or shipping 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 materials in smelters, foundries or other reprocessing plants, except that a special City Council permit shall be required for the location of any such business. License No person shall engage in the business of pawnbroker without a pawnbroker's license under this Ordinance, nor in the business of dealer in secondhand goods or junk without a secondhand goods dealer license under this Ordinance. The annual fee for a pawnbroker's license shall be set by resolution of the City Council; and the annual fee for a secondhand goods dealer shall also be set by resolution of the City Council. Expiration of Licenses All licenses under this Ordinance for pawnbrokers and secondhand goods dealers granted hereunder shall expire on December 31 of each year. Bonds Required Before license shall be issued, bonds in the following amounts shall be filed with the City Clerk: (1) Pawnbroker - $5,000 bond. (2) Secondhand goods dealer, or junk dealer with established place of business - $1,000 bond. Section 7. Section 8. Section 9. Conditions of Bonds Ail such bonds shall be conditioned that the principal named therein will observe all laws in relation to pawnbrokers, dealers in secondhand goods and junk dealers, and conduct his business in conformity thereto, and that he will account for and deliver to any person legally entitled thereto, any goods, wares or merchan- dise, article or thing, which may have come into his hands through his business as such pawnbroker, dealer in secondhand goods or junk dealer, or in lieu thereof will pay in money to such person or persons the reasonable value thereof. Records Required Every person who shall be engaged in the business of pawnbroker or dealer in secondhand goods or junk shall keep a book in which shall be clearly written in ink, at the time of each loan or purchase, an accurate account or description, in the English language, of the goods, article or other thing pawned, pledged or purchased, the amount of money loaned or paid therefor, the time of the receipt of the same, the name, residence and description of the person pawning, pledging or selling the same. For each article pawned, pledged or purchased, such person engaged in the business of pawnbroker or dealer in secondhand goods or junk shall record all serial numbers and "operation identification" numbers of each article in the book required hereunder. Such book, as well as the article pawned or purchased, shall at all reasonable times be open to the inspection of the Mayor'or any member of the police force. Receipts Required Every such pawnbroker, dealer in secondhand goods and junk dealer purchasing or receiving on deposit for a loan any article or personal property shall give to the person selling or depositing such article or personal property a plain written or printed ticket or receipt for the article or personal property so sold or deposited, showing the terms of such sale or loan and a copy of the entries in his book above required relating to such sale or loan. Section 10. Section 11. Section 12. Section 13. Reports to Police Every pawnbroker, dealer in secondhand goods or junk dealer shall make out and deliver to the Chief of Police, every day before noon, a legible and correct copy, from the book required in Section 8, of all personal property or other valuable things received or deposited or purchased during the preceding day, together with the time when received or purchased and a description of the person or persons by whom left in pledge, or from whom the same were purchased. Provided, that no person shall be required to furnish such description of any property purchased from merchants, manufacturers or wholesale dealers having an established place of business, or of goods purchased at open sale from any bankrupt stock. But such property and goods must be accompanied by a bill of sale or other evidence of open or legitimate purchase, which must be shown to the Mayor or any member of the police force when demanded. Redemption Period Any person pledging an article shall have 4 months to redeem the same before the pledge becomes forfeitable. Required Holdin~ Period No personal property received on deposit by any pawnbroker shall be redeemed from the place of business of such pawnbroker for the space of 48 hours next after the delivery to the Chief of Police of the copy and statement relating thereto as required by Section 10, and no personal property purchased by any such pawnbroker, dealer in secondhand goods or junk dealer shall be sold or disposed of in any way within the period of 10 days next after the delivery to the Chief of Police of the copy and statement relating thereto as required in Section 10. Police Order to Hold Property Whenever the Chief of Police, or any memeber of the police force designated by the Chief of Police, shall notify any such dealer or dealers not to sell any property so received on deposit or purchased by them, or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed until such time as may be determined by the Chief of Police or member of the police force designated by the Chief of Police so requiring them to be held. Section 14. Hours Section 15. Section 16. From 11:00 p.m. Saturday to 7:00 a.m. Monday, no property shall be received as a pledge or purchase by any dealer; nor shall any property except personal wearing apparel be sold during said hours by any dealer, nor on any other day before 7:00 a.m., nor on any day except Saturday after 9:00 p.m. Further, no pa~nbroker or dealer in secondhand goods shall be open for business of any kind at the following times: (1) From 9:00 p.m. Monday to 8:15 a.m. Tuesday. From 9:00 p.m. Thursday to 8:15 a.m. Friday. (2) From 6:00 p.m. Tuesday, Wednesday and Friday to 8:15 a.m. of the following day. (3) From 6:00 p.m. Saturday to 8:15 a.m. of the following Monday. (4) On the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Except, however, that from December 14 to December 24, inclusive, excluding Sundays, any such place of business may be kept open until 9:00 p.m. Business at Only One Place Any license issued under this Ordinance shall authorize the licensee to carry on such business only at the place designated in such license. No licensee shall store or pile, or cause or permit to be stored or piled, any junk or secondhand goods in any building, yard enclosure, vacant lot, street or alley or at any other place than the place designated in his said license. Use of "Three Balls" No person shall exhibit and maintain any sign usually known as a pawnbroker's sign, such as "three balls", or any number of balls, or in any manner advertise to loan money on deposit, or pledge of personal property or other valuable thing, without being licensed under this Ordinance. Section 17. Section 18. Section 19. Section 20. Section 21. Minors ~ Prohibitions No person under the age of 18 years shall sell, pawn or pledge any personal property or other valuable thing with any person licensed to do business under this Ordinance. No person under the age of 18 years shall represent to any person licensed under the provisions of this Ordinance, at the time of his selling, pawning, attempting to pawn, or pledging of any personal property, that he is 18 years of age or over. Dealing with Minors~ Etc. No pawnbroker, dealer in secondhand goods, junk dealer or junk peddler shall purchase or receive on deposit any personal property, goods, wares, merchandise, article or thing, from minors, persons of unsound mind, or intoxicated persons. Auctioneers No person shall engage in or conduct business as an Auctioneer without a license issued pursuant to this section. Every license applicant under this section shall present proof to the Council of a license issued by any County Auditor in the State of Minnesota, and proof of a bond filed pursuant to Minnesota Statutes Chapter 330. Lack of such proof shall be mandatory grounds for denial of the license application. A separate license shall be required for each agent or employee of a licensee who is directly or indirectly selling auctioned items. Sales made by sheriffs, coroners, police, tax collectors or sales of personal property under chattel mortgage or other liens are exempt from the provisions of this Ordinance. The fee for an auctioneer's license shall be set by resolution of the City Council. Ordinance No. 450 Repealed Ordinance No. 450 Being an Ordinance Relating to the Regulation and Issuance of Licenses for Certain Trades and Occupations, passed May 25, 1959, is hereby repealed. Violation a Misdemeanor Any person, firm, partnership, or corporation who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be sentenced to a fine not to exceed Three Hundred Dollars ($300.00) or imprisonment not to exceed ninety (90) days, or both. Section 22. Time of Taking Effect This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: February 10, 1975 February 18, 1975 Offered by: Norberg Seconded by: Land Roll Call: All Ayes Margo ~erson, Secretary Pro Tempore to the Council B~ruce G ~awrocki, Mayor