Loading...
HomeMy WebLinkAboutResearch DocumentsMEMORANDUM To: Scott Clark From: Jeff Sargent Re: Secondhand Stores / Thrift Stores Date: May 14, 2012 In order to try to accommodate certain types of secondhand stores in the City, Zoning Code changes will be needed to further define the types of stores the City should continue to regulate. The idea is to separate out thrift stores from secondhand stores, and then to require the 3,000 -foot distance requirement for thrift stores. This can be done most effectively through accurate definitions of each type of use. The following outlines possible definition and Code changes to achieve the goal. DEFINITIONS ANTIQUE. Work of art, furniture, decorative object made at an earlier period at least 30+ years old. ANTIQUE STORE. A retail establishment with more than fifty percent (50%) of its merchandise being sold as antiques. CONSIGNMENT STORE. A retail establishment where goods are placed on consignment. Consignment is the art of placing goods in the hands of another, while still retaining ownership, until the goods are sold. CURRENCY EXCHANGE. Any business or person except a bank, trust company, savings bank, savings and loans association or credit union that is engaged in the business of cashing checks, drafts, money orders, or trav ler's checks for a fee. -��- ////// Z' SECONDHAND STORr A tail establishment that sells previously used merchandise, more than fifty percent ( 0 %) of which is not donated, such as clothing, furniture, appliances, household goods, sporting goods, books, recreational equipment, toys or other merchandise not considered to be antique, that is in good repair or has been restored or reconditioned to a clean and useable condition. This definition excludes antique stores, pawnshops, thrift stores and precious metal dealerships. THRIFT STORE. A retail establishment that derives more than fifty percent (5 %) of its sales from donated, previously used merchandise such as clothing, furniture, applia ces, household goods, sporting goods, books, recreational equipment, toys or other m rchandise not considered to be antique. 0 �6 CODE CHANGES • Replace "Secondhand / consignment" with "Thrift / consignment' in the ordinance, which requires these types of uses to be no closer than 3,000 feet from another "thrift / consignment' store, pawnshop, currency exchange or precious metal dealer. • Allow for "Secondhand stores' as a Conditional Use in the GB, General Business District and the CBD, Central Business District, without the 3,000 -foot distance separation requirement. • Allow for Antique Stores in the GB, General Business District and the CBD, Central Business District as a permitted use. "Antique" means a product that is sold or exchanged because of the value derived by the age of the product being greater than 50 years. "Antique mall" means a building that is partitioned to provide spaces for the retail sale of antiques by antique dealers of articles of which 80 percent or more are antique or have collectible value. This definition excludes secondhand stores junk stores, pawnshops and thrift stores "Antique store" means retail sale of articles of which 80 percent or more are antique or have collectible value. This definition excludes secondhand stores, junk stores pawnshops and thrift stores "Junk store" means a retail store that sells previously used merchandise or goods the majority of which: 1. Have not been maintained, repaired, restored or reconditioned to a functional condition; or 2. Consist of salvaged or disassembled parts of merchandise equipment or objects no longer in their original assembled configuration. This definition excludes secondhand stores pawnshops thrift stores and artwork made from recycled or previously used materials incorporated into artwork The Planning Director is authorized to maintain a list of stores that qualify as junk stores "Pawnshop" means an establishment that engages in whole or in part in the business of loaning_ money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal oronertv. j� "Secondhand store' means retail sales of previously used merchandise the majority of which is not donated, such as clothing furniture appliances household og od sporting goods recreational equipment or other merchandise not considered to be antique that is in og od repair or has been restored or reconditioned to a clean and usable condition This definition excludes pawn shop, thrift stores" and junk stores. The Planning Director is authorized to maintain a list of stores that qualify as secondhand stores. "Thrift store" means a store that derives the majority of its sales from donated previously used merchandise such as clothing furniture appliances household goods sporting goods recreational equipment or other merchandise not considered to be antique. The Planning Director is authorized to maintain a list of stores that qualify as thrift stores Section 4. Severability Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. 1. The Trussville City Council on Tuesday passed an ordinance that amends zoning to include the definition of a thrift store. The ordinance defines a thrift store as a "building, property, activity, or establishment where the principal use or purpose is the sale of donated articles directly to consumers. Articles will be considered donated articles whether donated to the operator of the establishment or to an organization from which the articles are acquired." 4mO,wfe , Cab Title 9: Zoning • Chapter 4: Use Child Day Care Facility. Facility that provides nonmedical care and supervision of minor children for periods of less than twenty -four (24) hours for an individual child. These facilities include the following, all of which are required to be licensed by the state: 1. Child Day Care Center. Commercial or nonprofit child day care facility operated outside of a home, typically able to accommodate fifteen (15) or more children. Includes infant centers, preschools, sick child centers, day care centers, and school -age day care facilities. These may be operated in conjunction with a school or church facility, apartment complex, or as an independent land use. Also includes employer- sponsored child care centers. 2. Family Day Care Home, Large. A single - family residence that provides day care for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home. This description is consistent with §1596.78 of the Health and Safety Code. 3. Family Day Care Home, Small. A single - family residence that provides day care for eight (8) or fewer children, including children under the age of ten (10) years who reside at the home. Per state law, these uses may not be regulated differently than single - family dwellings. This description is consistent with §1596.78 of the Health and Safety Code. Community Food Bank. Any place where food is served or dispensed and the operation is conducted as a non - profit, charitable operation, including mission food banks, soup kitchens, church organization food outlets, and charitable rehabilitation centers. Community Garden. A site used for growing plants for food, fiber, herbs, or flowers, which is shared and maintained by city residents or as part of a co -op. Consignment Store. A retail store where goods are placed on consignment, which is the act of placing goods in the hands of another, while still retaining ownership, until the goods are sold. Construction Yard /Storage Shed. The temporary storage of materials and equipment, including the use of storage sheds, as part of a construction project. Construction yards /storage sheds are considered temporary uses regulated by article 9 -4C (temporary uses). Convenience Store. Easy access retail stores of five thousand (5,000) square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a fueling station or an independent facility. Larger stores or stores oriented toward the daily shopping needs of residents are separately defined as "neighborhood market" and "grocery store /supermarket." Crematory. An establishment or furnace that cremates dead human bodies. Crop Production. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes agricultural buildings accessory to such uses and roadside stands for display /sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site. Planning Commission Draft Dated January 6, 2012 Page 9 -4A -7 of Lemoore • Zoning and Development Codes 2. Telecommunication Facility — Minor. Any wireless communication facility that is either (1) operated exclusively as part of a public safety network, or (2) specifically exempt from local regulation by state or federal law or rule (including but not limited to the Telecommunications Act of 1996 and 47 C.F.R. §1.4000). Examples include, but are not limited to, the following: a. Amateur radio transmission facilities which comply with the standards of section 9 -4D -15 (telecommunication facilities); b. Satellite earth station (SES) antennas that are two (2) meters in diameter or less; c. Parabolic antennas, direct broadcast satellite (DBS) antennas, and multi -point distribution service (MDS) antennas that are one (1) meter in diameter or less. Temporary Construction Office. An office established for purposes of a construction project, usually contained within a trailer or other mobile structure. Temporary construction offices are considered temporary uses regulated by article 9 -4C (temporary uses). Temporary Sales Office. An office established for purposes of selling lots or homes as part of new residential subdivisions and located within the subdivision for which the sales are occurring. Temporary sales offices may be located within a trailer or other mobile structure or within a model home or other structure. Temporary sales offices are considered temporary uses regulated by article 9 -4C (temporary uses). Theater /Auditorium. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for live theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see "outdoor commercial recreation." Thrift Store. A retail establishment selling secondhand goods donated by members of the public. Transit Facility. Maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc. Note that taxi operations are subject to police department review as identified in section 3 -6A -6 of this municipal code. Transit Station /Terminal. Passenger stations for vehicular and rail mass transit systems. Transitional Housing. Housing containing sleeping, kitchen, and bathroom facilities that are used to ease the transition of homeless individuals (including aged -out foster children) to independent living within twenty -four (24) months. Usually provided with supportive services to assist in finding and keeping permanent housing. Per state law, these uses may not be regulated differently than other dwellings. U. "U" Definitions Utility Facility and Infrastructure. Includes the following: 1. Fixed -Base Structures and Facilities. Facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code §53091: electrical substations and switching stations; Page 9 -4A -20 Planning Commission Draft Dated January 6, 2012 atT / d"1 / 1 C - defined above, then the specific school provisions, supplemental use regulations or both will prevail (for example, and not by way of limitation, the number of students in an art school in a B -1P district is restricted to a maximum of twelve (12) students, and that regulation will remain prevailing to the extent of the conflict set forth in the above definition, with respect to a maximum of twenty (20) students). Sportcenter. Any building, room or facility (except any indoor or outdoor stadium, gymnasium or the like, which provides permanent stands for five hundred (500) or more spectators) which is designed and used for one (1) or more active sports activities (such as, but not limited to, weightlifting, indoor running, swimming, racquetball, the martial arts, etc.). The term also includes any exercise or fitness center, health studio, academy or spa, as well as all amenities usually related to, associated with and housed within the use, such as, but not limited to, a locker room, lounge area, juice bar or restaurant. Story. That portion of a building included between the surface of any floor and the surface of the floor next above, or if there be not a floor above it, then the space between such floor and the ceiling next above it. Street, mapped. Officially adopted future streets, as shown on the master plan. Structure. That which is built or constructed (including but not confined to buildings) or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground. The term shall be construed as followed by the words or part thereof. Tavern. See 'Bar." Technology based industry. A business primarily engaged in the research, development, engineering or production of technological advances in hardware or software, limited to the computer and communications (including radio, data transmitting, phone, voice video and internet) industries. Telemarketing center means a location at which a business or operation is conducted in which unsolicited sales are initiated by personnel to other persons from the location by means of a telephone, computer, facsimile machine or any other similar telecommunications device for the purpose of inducing such other person to directly or indirectly contribute or donate money, goods or services for a charitable, political or educational purpose or to include persons to purchase or invest in consumer goods, services or both. The term also includes any location at which personnel receive responses via any telecommunication device, which responses are solicited through means of other communication media such as, but not limited to, printed materials, radio, television and computer services. -)ID Thrift shop. A shop wherein the items sold (or given away to the needy) have been obtained through donations or gifts and where the donor receives no value upon the sale (or gift) of such merchandise to a thrift shop customer, where the use is designed to sell donated merchandise at a price below reasonable market value, and where the revenue received from selling same is retained by a charitable, not - for - profit, or religious organization or institution. The term "resale boutique," as used in this chapter, shall not be deemed to include "thrift shops." Units per acre. Whenever a zoning use district or identifiable land area within a certified flexibility zone has had an allocation of more than one (1) dwelling unit per acre, then and in all such use districts or areas i 41(h la Iei 19X Ordinance No. 1404 Page 4 as an incidental function of the primary business. Such businesses may include a jewelry store which purchases and /or sells used gold or jewelry, or an electronics store which purchases and /or sells used video games or other electronic media. The use is required to obtain a secondhand dealer license from the State of California pursuant to Section 21641 or 21642 of the Business and Professions Code. SECTION 10. Zoning Ordinance Section 16.19 (S) is hereby amended to modify the definitions of Secondhand Store and Swap Meet to read as set forth below and to add the definitions listed below in alphabetical order and to read as follows: Secondhand store shall mean a store where the primary business includes any buying, selling, trading, accepting for auctioning or auctioning secondhand tangible personal property and is required to obtain a secondhand dealer license from the State of California pursuant to Section 21641 or 21642 of the Business and Professions Code. This definition specifically excludes antique and thrift stores, firearms, used vehicle sales, remanufactured automotive parts, recycling facilities pursuant to Article 97, and salvage yards pursuant to Section 93.01 of the Zoning Ordinance. A secondhand store may sell some new items, but this shall be incidental to the primary use. Secondhand tangible personal property shall mean used property, merchandise or goods including builders tools, furniture, video games, electronic equipment, jewelry, clothes, dishes, pots and pans and all personal household items but does not include coins, or gold, silver or other precious metal bullion. Swap Meet (indoor and outdoor) shall mean any location or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations. (zoning Ordinance Amendment 98 -1, adopted by City Council March 10, 1999.) SECTION 11. Zoning Ordinance Section 16.20 (T) is hereby amended to modify the definition listed below and to read as follows: —0 Thrift Store shall mean a commercial location where used goods are offered for sale or exchange to the general public by a registered non - profit organization. (zoning Ordinance Amendment 98 -1, adopted by City Council March 10, 1999.) (15) Mikvah pool means a ceremonial pool that is constructed to meet certain traditional requirements to serve primarily Jewish women. The use is characterized by very low traffic volumes primarily during evening hours. Supp. No. 18 (01 -09) 36:86 St. Louis Park Zoning Code LAND USE § 36 -142 (d) Commercial uses. The following are typical of the commercial uses referred to in this chapter. (1) Animal handling means the sale, boarding, treatment and care of privately owned small animal pets which may include dogs, cats, other mammals, fish and reptiles but excludes large animals such as horses, farm animals or animals raised for slaughter. Characteristics may include special refuse, storage, noise, odor and other nuisance characteristics. (2) Appliance, small engine and bicycle repair means maintenance and repair of appliances, small engines, bicycles and similar items. Characteristics include some outdoor activity and noise. (3) Automatic carwash means a facility designed to wash automobiles and light trucks with little or no human intervention. The facility utilizes automated equipment and wash cycles are relatively short. These facilities are typically accessory to other automotive related land uses and may sporadically cause congestion on its site. (4) Bank means a facility for the deposit, management and lending of money, frequently with accessory drive -up facility. This use includes banks and savings and loans but not insurance companies and stock brokerage firms. Characteristics may include high peak hour traffic on certain days. (5) Bar means a facility where the primary use is the sale of alcoholic beverages for consumption on the premises. Minors are excluded from entry by law. Characteristics include late hours, high parking demand, noise, trash and litter and heavy off -peak traffic. Use is often found in conjunction with restaurants, hotels and night clubs. (6) Bed and breakfast establishment means a private, owner - occupied residence with guestrooms where temporary lodging facilities and some meals are provided to paying lodgers within single - family or two - family dwellings. The lodging is subordinate and incidental to the main residential use of the building. Indoor recreational facilities for the use of the residents and paying lodgers may be included. (7) Business /trade school /college means a training establishment or institution serving adults and sometimes high school age persons which provides training and /or education toward a skill, license or degree. (Ord. No. 2358 -08, 8- 14 -08) (8) Convention and exhibition center means a facility providing large and small meeting rooms for the assembly of persons and the display of products and information. It may include banquet kitchens and facilities. Characteristics include heavy parking and loading area requirements and large scale buildings. (9) Currency exchange means any business or person except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company that is engaged in the business of cashing checks, drafts, money orders, or traveler's checks for a fee. (Ord. No. 2349 -08, 02- 22 -08) 28 Columbia Heights - Commercial Licensing (b) For the purposes of this section, SEPARATE WRITTEN NOTICE shall be deemed to mean the certificate, hereinbefore required to be delivered to the person pawning, pledging, selling, leaving, or depositing an article of property with a licensee; incorporating a statement to the effect that the person pawning, pledging, selling, leaving, or depositing the article is at least 18 years of age; is the true owner of the article; and that the article is free and clear of all claims and liens; and requiring a signature of acknowledgment by the person pawning, pledging, selling, leaving, or depositing the article as to the statement. (5) No person seeking to pawn, pledge, sell, leave, or deposit any article of property with a licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false drivers license or identification card; to any licensee. (M) Corporations, partnerships or associations. (1) Licenses issued to corporations shall be valid as long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the City Council, in which event said license shall continue in force until the end of the then current license year. Failure to report any change in stockholders, officers, or managers shall be grounds for the revocation of all licenses held by the corporation. Every corporation licensed under the provisions of this section shall adopt and maintain in its by -laws a provision that no transfer of stock is valid or effective unless approved by the City Council and shall require that all of its certificates of stock shall have printed on the face thereof. "The transfer of this stock certificate is invalid unless approved by the City Council for the City of Columbia Heights, Minnesota," and failure to comply with this provision shall be grounds for the revocation of all licenses held by the corporation. The provisions of this section shall not apply to the issuance of any license to a corporation whose stock is traded on a public stock exchange. (2) Licenses issued to associations or partnerships shall be valid only as 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 City Council, in which event said license shall continue in force until the end of the then current license year. (3) Corporations, partnerships or associations shall submit written notice to the city of any such changes described herein on or before 30 days prior to the effective date of any such change. In case of a corporation, the licensee shall submit written notice to the city 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. (1) Denials, suspensions or revocations. (1) 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 Merchants 27 (c) No licensee may obstruct, hinder, or otherwise interfere with any police investigation concerning stolen articles of property discovered on the licensee's premises. (d) A licensee must report to the Police Department any article of property pawned or received, or sought to be pawned or received, if the licensee has reason to believe that the article of property was stolen or lost. (2) Inspection by claimed owner. All articles of property coming into the possession of any licensee, under the terms hereof, shall at all times 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 a police officer. (L) Conduct ofpersons on licensedpremises. (1) No person may pawn, pledge, sell, leave, or deposit any article of property not their own; nor shall any persons pawn, pledge, sell, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, leave, or deposit any article of property in which another has a security interest; with any licensee. (2) No minor may pawn, pledge, sell, leave, or deposit any article of property with any licensee. (3) No person may pawn, pledge, sell, leave, or deposit an article of property with a licensee without first presenting identification in the form of a Minnesota photo driver's license; a Minnesota photo identification card; or a photo identification issued by the state of residency of the person and one other form of identification to the licensee. (4) All licensees shall, by adequate signage and separate written notice, inform persons seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing sections. (a) For the purposes of this section, ADEQUATE SIGNAGE shall be deemed to mean at least one sign, of not less than four square feet in surface area, comprised of lettering of not less than three - fourths of an inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE AND CORRECT OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE AND CLEAR OF ALL CLAIMS OR LIENS. YOU MUST PRESENT A PHOTO IDENTIFICATION. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. 26 Columbia Heights - Commercial Licensing (3) No licensee shall purchase, acceptor receive any article ofproperty which contains an altered or obliterated serial number or any article of property whose serial number has been removed. (4) No licensee under this section shall receive as a pledge, or purchase any revolver, pistol, blackjack or sawed -off shot gun and shall not display any such item for sale in the shop or the shop window. (5) No licensee shall purchase, accept or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. For the purpose of this section, SECURITY INTEREST means an interest in property which secures payment or other performance of an obligation. (6) No licensee shall purchase, accept or receive any article of property, from any person, knowing, or having reason to know, that said person is not the true and correct owner of the property. (7) (a) No licensee shall purchase, accept or receive any article of property, from any person, without first having obtained one of the following forms of identification from the person: 1. A valid Minnesota photo driver's license; or 2. A valid Minnesota photo identification card. 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. (b) No other forms of identification shall be acceptable. (K) Inspections. (1) Stolen goods. (a) Any licensee shall, at all times during the term of the license, allow any 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 articles of property suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any police officer. (b) Articles of property determined, upon investigation, to be stolen may be seized as evidence from the licensee by any police officer and returned to the rightful owner in accordance with the provisions of M.S. § 609.523, as it may be amended from time to time. Merchants (7) Redemption period. 25 (a) Any person pledging, pawning or depositing an article of property for security shall have a minimum of 120 days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. (b) No article of property on deposit with any licensee nor property purchased by or sold to, or in any other way coming into 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 license, for a period of 72 hours, nor shall the property be sold within ten days, after the record required to be delivered to the city has been delivered. (c) Whenever any police officer, acting in the course and scope of his duties, shall notify a licensee not to sell or permit to be redeemed any articles of property 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 Police Chief or designee. (8) 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. (9) Posting of license. All licensees shall post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. (10) 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. (11) 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. (7) Restricted transactions. (1) 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. (2) No licensee shall purchase, accept or receive any article of property from any person under 18 years of age nor from intoxicated persons, nor those of unsound mind. 24 Columbia Heights - Commercial Licensing (d) The amount of money loaned upon or paid for the item or the purchase or consignment price. (e) The identification number from one of the following forms of identification of the person from whom the item was received: A valid Minnesota photo driver's license; or 2. A valid Minnesota photo 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. (f) Any other information the Police Department may require or deem necessary. (g) Date, mint, and condition of all coins. (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 full legal name, current address and telephone number of the person to whom sold. (3) Inspection ofrecords. The records referred to in this section shall be open to the inspection of the Police Department at all reasonable times and shall be retained by the licensee for at least four years. (4) Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with the licensee's records. The certificate shall contain the substance of the record. (5) Reports to Police Department. Every licensee shall prepare and deliver to the city, each day, in the manner and form prescribed by the city, a legible, correct and complete record of the hereinbefore required account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. (6) Exceptions to reports. No licensee 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 Police Department when demanded. Merchants (3) Is not of good moral character or repute. 23 (4) Has had a pawnbroker, secondhand goods merchant, or precious metal dealer license revoked in the last five years. (5) Has been convicted of a state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers, secondhand goods merchants or precious metal dealers. (6) In the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. (7) No license shall be granted for operation of any premises located in a residential district of the city. A pawnbroker license is allowed only in the General Business District of the city. All uses as described in this section shall comply with the zoning ordinance of the city. (8) No license shall be granted or renewed for operation of any premises on which real estate taxes, assessments or other financial claims of the city or of the state are delinquent or unpaid. (9) Holds an intoxicating liquor license under this code. (I) Conditions of licenses. (1) Records. Each licensee hereunder shall keep a record of each transaction at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned. Said records shall be legible, made in ink and shall be in the English language. The records so kept shall include the following information about each transaction: (a) The full legal name, address, telephone number, date of birth and a reasonably accurate description of the person from whom the item was received including, at a minimum, the sex, height, weight, race, color of eyes and hair. (b) The time, date and place of transaction. (c) An accurate description of the article, in English; any and all numbers written, stamped, impressed or engraved thereon; any identifying marks; any gems attached; and the name of the manufacturer and model if indicated on the article. 22 Columbia Heights - Commercial Licensing (F) License fees. (1) At the time of each original application for a license, the applicant shall pay, in full, an investigation fee. The investigation fee shall be as specified by the City Council. (2) The annual license fee 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 City Council, the license fee only shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. If any investigation outside the State of Minnesota is required, the applicant shall be charged the cost which shall be paid by the applicant, prior to issuance of a license, after deducting the initial investigation fee, whether or not the license is granted. (3) The annual license fee for renewal of a license shall be paid in full at the time the renewal application is filed with the city. An application for the renewal of an existing license shall be made to the Clerk at least 30 days prior to the expiration date of the license. (4) All licenses issued under this section shall expire as of midnight on December 31 of the year of issuance. Each license shall be issued to the applicant only and shall not be transferable to another person or for another location. (G) Bond required. (1) At the time of filing an application for a license under this section, the applicant shall file a bond in the amount of $5,000 with the city. The bond shall be with a duly licensed surety company as surety thereon. Said bond must be conditioned that the licensee shall observe the ordinances of the city, in relation to the business of pawnbroker, secondhand merchant or precious metal dealer, 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, and/or secondhand merchant, and/or precious metal dealer or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. (2) Such bond shall be maintained so long as the licensee does business as such for the benefit of the city or any person who shall suffer any damage through the act of such licensee and shall not be terminated without the bond company giving written notice 30 days in advance of the termination date to the City License Clerk. (H) Persons and locations ineligible for a license. No license under this section shall be granted to or held by any person who: (1) Is a minor at the time the application is filed. (2) Is not a citizen of the United States or a resident alien. Merchants 21 3. 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. 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. 4. 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 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. 0) The full legal name, address and home phone number of the manager or proprietor of the business. (k) Each application shall be accompanied by a statement indicating the amount of investment the applicant has in the business, building, premises, fixtures, furniture, stock in trade, and the like, and proof of source of such money. (1) Whether the applicant holds a current pawnbrokers, secondhand goods merchant or precious metal dealers license from any other governmental unit. (m) Whether the applicant has previously been denied a pawnbroker, secondhand goods merchant or precious metal dealers license from any other governmental agency. (n) Whenever the application is for a premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City of Columbia Heights Building Inspection Department, no plans need be submitted with the issuing authority. (o) 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, and street access parking facilities. (p) Such other information as the City Council or issuing authority may require. (2) No person shall make any false statement in the application. In addition to other penalties, the license may be revoked by the City Council for giving false information on the application. By submitting an application, the applicant consents to any and all investigations the city deems appropriate and waives any claims the applicant may have. Copies of the application shall be submitted to such other city departments as the City Council shall deem necessary for the verification and investigation of the facts set forth in the application. 20 Columbia Heights - Commercial Licensing (E) License application content. (1) Applications for a pawnbroker license, secondhand merchant license or precious metals dealers license to be issued under this section shall contain information as required on forms supplied by the city. The application shall state whether the applicant is a natural person, partnership, corporation or other form of organization. (a) Full legal name, place and date ofbirth, street residence address and length of time at that address of the 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 of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. (d) Kind, name and location of every business or occupation applicant has been engaged in during the preceding five years. (e) Names and addresses of applicant's employers and partners, ifany, for the preceding five years. (f) Whether applicant has ever been convicted of a felony, gross misdemeanor or misdemeanor, excluding traffic violations, and, if so, the date and place of conviction and the nature of the offense. (g) If the applicant has not resided in the city for three years last preceding the date of application, at least four character references from residents of the State of Minnesota must be provided. (h) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. (i) If the applicant is a corporation or other association, the following additional information shall be required: 1. Name and, if incorporated, the state of incorporation. 2. 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. Merchants 19 (g) Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any 12 -month period. (h) Sales by a person licensed as a motor vehicle dealer. (i) The exclusive sale of antiques. 0) A merchant exclusively selling secondhand clothing or clothing on consignment, or secondhand furniture. (k) Sales made by the sheriff or other public officials in the discharge of their official duties. (1) Sales made by assignees or receivers appointed in the state to make sales for the benefit of creditors. (2) Precious metal dealers shall not apply to persons conducting the following transactions: (a) Transactions at occasional "garage" or "yard" sales, estate sales or farm auctions held at the descendent's residence, except that precious metal dealers must comply with the requirements of M.S. §§ 325F.734 to 325F.742, as they may be amended from time to time, for these transactions. (b) Transactions regulated by M.S. Chapter 80A, as it may be amended. (c) Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist or agent thereof. (d) Transactions involving the purchase ofphotographic film, such as lithographic and X -ray film, or silver residue or flake recovered in lithographic and X -ray film processing. (e) Transactions involving bullion. (f) Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item. (g) Transactions between precious metal dealers if both dealers are licensed under M.S. § 325F.733, as it may be amended from time to time, or if the seller's business is located outside the state to a dealer licensed under M.S. § 325F.733. 18 Columbia Heights - Commercial Licensing PRECIOUS METALS. Silver, gold or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand hand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. SECONDHAND COODSDEALERIMERCHANT. A person engaging in the business ofbuying or selling, or both, of any secondhand goods or merchandise previously sold for public consumption. (D) Exemptions. (1) Pawnbrokers and secondhand goods dealers shall not apply to or include the following: (a) The sale of secondhand goods where all of the following are present: 1. The sale is held an property occupied as a dwelling or owned, rented or leased by a charitable or political organization. 2. That no sale exceeds a period of 48 consecutive hours. That no more than two sales are held in any 12 -month period. 4. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. (b) The sale of secondhand books or magazines, sport trading cards, sound or video recordings, films, or electronic game cartridges. (c) The sale of goods at an auction held by a state licensed auctioneer. (d) The business of buying or selling only those secondhand goods taken as a part or full payment for new goods and where such business is incidental to and not the primary business of a person. (e) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. (f) Goods sold at what is commonly known as a farmer's market. Farmer's market allows the sale of vegetables, fruits, garden produce, farm produce, and arts and crafts specifically defined as items which are handmade and sold only by the creator of the item or the creator's immediate family. Merchants 17 § 5.203 PAWNBROKERS, SECONDHAND GOODS MERCHANTS AND PRECIOUS METAL DEALERS. (A) Purpose. The City Council of the City of Columbia Heights finds that pawnbrokers, secondhand goods merchants and precious metal dealers potentially provide an opportunity for the concealment of crimes because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, secondhand goods merchants and precious metal dealers. The purpose of this section is, therefore, to prevent pawnbroking, secondhand goods and precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with the basic consumer protection standards, thereby protecting the public health, safety and general welfare of the residents of the city. (B) License required. No person shall exercise, operate, carry-on or be engaged in the business of pawnbroker, secondhand goods merchant or precious metal dealer within the city unless such person is currently licensed under this chapter. A license under this section shall authorize the licensee to carry on business only at the permanent place of business designated in the license. No license may be transferred to a different location or different licensee. A separate license will be required for each business in this section. For instance, a pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. (C) Definitions. The following words and terms when used in this section shall have the following meanings: old. ANTIQUE. Work of art, furniture, decorative object made at an earlier period at least 30+ years MINOR. Any natural person under the age of 18 years. PAWNBROKER. A person who loans money on depositor pledge ofpersonal property or other valuable items or who deals in the purchasing of personal property or other valuable items 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. This section does not apply to a person doing business under and as permitted by any law of this state or of the United States relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions. PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.