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