(A) Records.Every licensee, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in English, on forms or in an electronic data storage and retrieval system as approved by the Chief of Police, the following information:
(1) An accurate and complete description of the article and any numbers written, stamped, impressed or engraved thereon, together with the name of the manufacturer, model, and serial number, if any, on the article;
(2) The amount of money received by the person pawning, pledging or selling the article, and the annual rate of interest and amount required to redeem the article if pawned or pledged;
(3) The date, time and place of receipt of the article;
(4) The full name, residence address, date of birth, and reasonably accurate description (including gender, height, weight, race, eye color, hair color) of the person from whom the article was received; and
(5) The form of identification, including the identification number and governmental agency that issued the identification, and a legible photocopy of the identification card that the licensee obtained from the person pawning, pledging or selling the article. The following forms of identification are the only forms of identification that are acceptable and no other identification shall be accepted by the licensee for purposes of meeting this division:
(a) A valid driver's license issued by Minnesota or another state;
(b) A valid identification card issued by Minnesota or another state;
(c) A valid driver's license or identification card issued by a providence of Canada, provided the form of identification has a photograph and date of birth of the identified person;
(d) A valid military identification card issued by the U.S. Department of Defense; or
(e) A valid passport issued by the United Stated or other country in the case of a foreign national.
(B) 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 identification of the person to whom the article was sold as specified in divisions (A)(4) and (5) of this section.
(C) Inspection of records. The records referred to in this section shall be open for inspection by the city Police Department at all reasonable times and shall be retained by the licensee for at least four years.
(1) The maturity date of the pawn or pledge transaction and the amount due, if any;
(2) The full name of the licensee or licensee's employee or agent who conducted the transaction;
(3) A color photograph, color video recording, or a digitally-captured photo-image of the following:
(a) Of the person from whom the article was received; and
(b) The article received by the licensee if the article does not have a unique serial or other identification number permanently engraved or affixed to the article.
(4) If a digital color photograph is taken, it must be of quality resolution, to be determined by the Police Department and must be maintained in such a manner that the photograph can be readily matched and correlated with all of the records of the transaction to which it relates. Such photographs must be available to the Police Department upon request. The photograph must include an identifiable front facial close-up of the person from whom the article is received and items photographed must be accurately depicted. The licensee, or his or her employee/agent must inform the customer that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place on the premises.
(5) If a video recording is taken, the video camera must zoom in on the customer's face in order that the video recording provides an identifiable front facial close-up of the person from whom the article was received. Articles received must be accurately depicted in all video recordings. Video recordings must be electronically referenced by time and date so that it can be readily matched and correlated with all of the records of the transaction to which it relates. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee shall keep and maintain the recorded video with all other records as required for the transaction and shall surrender it to the Police Department upon request.
(6) A label shall be attached to every article at the time it is received by the licensee. Permanently recorded on this label must be the number or name that identifies the transaction in the licensee's records, transaction date, the name of the item and the description or model and serial number of the article as reported to the city, whichever is applicable, and the date the article can be sold, if applicable. The label shall not be reused.
(D) Receipt. The licensee shall provide a receipt to the seller or pledger of any article of property received, which shall include:
(1) The name, address and phone number of the licensee;
(2) The date on which the item was received by the licensee;
(3) A description of the item received and amount paid to the pledger or seller in exchange for the article pawned or sold;
(4) The signature of the licensee;
(5) The last regular business day by which the article must be redeemed by the pledger without risk that the article will be sold and the amount necessary to redeem the pawned item on that date;
(6) The annual rate of interest charged on pawned items received; and
(7) The name and address of the seller or pledger.
(1) The licensee shall prepare and deliver to the Chief of Police, or an appointed designee, at the close of business on each day that the licensee is opened for and operating business, the correct and complete records required herein, and a true and correct account of all property or other articles received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. The licensee shall submit to the Police Department all records as required herein via computerized transmission, utilizing an automated pawn data reporting system designated and approved by the city or other electronic format in accordance with the standards and procedures established by the Chief of Police. In the event that the APS central server or the licensee's system is temporarily inoperable, the licensee shall provide its records data to the Police Department by printed copies of all recorded transactions. If the transmission is due to the licensee's inoperable system, the licensee shall be charged for and pay a reporting failure penalty fee as provided herein. A fee shall be due and payable for each day that the licensee's system is inoperable. Immediately upon the licensee's system becoming operable, the licensee shall provide the records to the APS central server for the days in which the records were not transmitted.
(2) The licensee shall display a sign of sufficient size and in a location which makes it visible to all patrons that informs all patrons that all transactions are reported to the Apple Valley Police Department.
(3) Each licensee must immediately report to the police any article pledged, received or purchased or sought to be pledged, received or purchased if the licensee has reason to believe that the article was stolen or lost.
(4) If licensee is unable to capture, digitize or transmit the photographs as required herein, the licensee must immediately take all required photographs with a still camera, immediately develop the pictures, cross-reference the photographs to the correct transaction, and deliver them to the Police Department as required for all other records. The licensee may be subject to a photo record failure for each day the licensee is unable to electronically transmit the photograph to the Police Department.
(F) Exceptions to reports. No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the city Police Department when demanded.
(G) Ninety-day redemption period. Any person pledging, pawning or depositing an article for security shall have a minimum of 90 days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. Any pawnbroker licensed under this chapter shall not refuse to disclose to the pledger, after having sold pledged goods, the name of the purchaser or the price for which the item sold. During the 90-day holding period, no articles shall be removed from the licensed premises.
(H) Minimum period before redemption or sale. No articles on deposit with any licensee nor property purchased by or sold to, or in any other way coming into the possession and under the control of any licensee in the due course of business, shall be permitted to be redeemed from the place of business of the licensee for a period of 72 hours, nor shall the property be sold within ten days after the copy and statement required to be delivered to the Chief of Police has been delivered.
(I) Police restrictions on sale. Whenever the Chief of Police or any designee of the Chief of Police notifies the licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Chief of Police. Such time shall in no case exceed the period of six months from the date of such notification.
(J) 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.
(K) Posting of prices; weighing. Every precious metal dealer shall prominently post, in a conspicuous place and in letters exceeding one inch in height, the minimum prices per ounce or pennyweight that are currently being paid by the dealer for precious metals and a warning notice that unless otherwise informed, the prices offered are based on the melt down value of the precious metal rather than the value of the item in its existing form. Precious metal items shall be weighed in plain sight of the prospective seller on scales approved by the division of weights and measures of the department of public service in accordance with M.S. § 239.08.
(L) Posting license. All licensees shall post their licenses, in a conspicuous place, in the licensed premises near the licensed activity.
(M) 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.
(N) 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 or precious metal dealer without a license required by this chapter.
(‘81 Code, § 15-35) (Ord. 508, § 1, 4-25-91; Am. Ord. 842, passed 8-14-08) Penalty, see §
117.99
