City Council Ordinance 542ORDINANCE NO. 542
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 15 OF THE MONTICELLO
CITY CODE RELATING TO PAWN SHOPS
IT IS HEREBY ORDAINED by the City Council of the City of Monticello, Minnesota:
Section 1. Title 3, Chapter 15, Section 2 of the Monticello City Code shall be amended to
read as follows:
3 -15 -2: DEFINITIONS:
Pawnbroker. Any natural person, partnership or corporation, e:tl,e« as pfineipal,
or agent or the «e..F .,.1... 1..,. «,..« n .l epos t .. pledge of personal
employee e
e,rt.. ,. Other- Valuable tl,:n.. .. who deal..:„ tl.e «..1..,..: «....F persona
property, or- other valuable 11 1 _ I — – the same baek again at
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stipulated n e or .. money ho loans «e e attel mol4gage on ...1
d by per-so
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e..t., t.,k4ng possession of theproperty or any art thereof..... �«,ot4g....,.,1 A
person, partnership or corporation, who lends money on the security ofpledeed
goods (items that are "left in pawn "), and /or purchases Qoods on the condition
that thev may be redeemed or repurchased by the seller for a fixed price. within
a fixed period of time. To the extent that a pawnbroker's business includes
buying personal property previously used, rented or leased, or selling it on
consignment, the provisions of this chapter shall be applicable.
Section 2. Title 3, Chapter 15, Section 4(1) of the Monticello City Code shall be amended to
read as follows:
3 -15 -4: APPLICATION REQUIRED.
(1) If the applicant is a n..t„ «won sole proprietor:
Section 3. Title 3, Chapter 15, Section 5 of the Monticello City Code shall be amended to
read as follows:
3 -15 -5: APPLICATION EXECUTION. All applications for a license under this
chapter must be signed and sworn to under oath or affirmation by the
applicant. If the application is that of a natuiral perselr sole proprietor, it must
be signed and sworn to by such person; if that of a corporation, by an officer
thereof, if that of a partnership, by one of the general partners; and if that of
an unincorporated association, by the manager or managing officer thereof.
Any falsification on a license application shall result in the denial of a license.
ORDINANCE NO. 542
Section 4. Title 3, Chapter 15, Section 6 of the Monticello City Code shall be amended to
read as follows:
3 -15 -6: PERSONS INELIGIBLE FOR A LICENSE. No license under this chapter
will be issued to an applicant who is a naWral sole proprietor, a
partnership if such applicant has any general partner or managing partner, a
corporation or other organization if such applicant has any manager,
proprietor or agent in charge of the business to be licensed, if the applicant:
Section 5. Title 3, Chapter 15, Section 7(B) of the Monticello City Code shall be amended to
read as follows:
3 -15 -7: LICENSE FEES
(A) The billable transaction license fee shall reflect the cost of processing
transactions and other related regulatory expenses as determined by the
city council, and shall be reviewed and adjusted, if necessary every six (6)
months periodically. Licensees shall be notified in writing thirty (30) days
before any adjustment is implemented.
Section 6. Title 3, Chapter 15, Section 12(A) of the Monticello City Code shall be amended
and Section 12(B) shall be added to read as follows:
3- 15 -12: REDEMPTION PERIOD.
(A) Any person pledging, pawning or depositing an item for security must
have a minimum of ninety (90) sixty (60) days from the date of that
transaction to redeem the item before it may be forfeited and sold. During
the ^i~°�y holding period, items may not be removed from the
licensed location except as provided in Section 3 -15 -19 BUSINESS AT
ONLY ONE PLACE. Licensees are prohibited from redeeming any item
to anyone other than the person to whom the receipt was issued or, to any
person identifed in a written and notarized authorization to redeem the
property identified in the receipt, or to a person identified in writing by the
pledger at the time of the initial transaction and signed by the pledger, or
with approval of the police license inspector. Written authorization for
release of property to persons other than original pledger must be
maintained along with original transaction record in accordance with
Section 3 -15 -9 RECORDS REQUIRED, Subdivision (10).
(B) Pawnbroker must return moods, or provide compensation for lost or
damaged moods, upon payment of the full amount due, unless:
1. The 60 -day redemption period has expired, or
ORDINANCE NO. 542
2. The goods have been taken into custody by a court or by a law
enforcement officer or agency.
Section 7. Title 3, Chapter 15, Section 13 of the Monticello City Code shall be amended to
read as follows:
3- 15 -13: HOLDING PERIOD ON TRADE ITEMS. Any item purchased or
accepted in trade by a licensee, but not involved in a pawn transaction.
must not be sold or otherwise transferred for thirty -one (381) days from
the date of the transaction. An individual may redeem an item seventy
two (72) hours after the item was reeeived on deposit, exeluding Stindays
and legs- at any time during the holding period.
Section 8. Title 3, Chapter 15, Section 14 of the Monticello City Code shall be amended to
read as follows:
3- 15 -14: COURT OR POLICE ORDER TO HOLD /CONFISCATE
PROPERTY. Whenever a law enforcement official from any agency
notifies a licensee not to sell an item, the item must not be sold or
removed from the premises. This initial or investigative hold shall be
confirmed in writing within seventy -two hours and remains in effect for
fifteen (15) days from the date of initial notification. The Sheriff or
Sheriffs designee may in writing extend an investigative hold or
independently order an item held for up to ninety (90) days, or order the
confiscation of an item identified as stole or evidence in a criminal case.
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Section 9. This Ordinance shall take effect and be in full force from and after its passage
and publication. The ordinance in its entirety shall be posted on the City website
after publication. Copies of the complete Ordinance are available online and at
Monticello City Hall for examination upon request.
ADOPTED BYthe Monticello City Council this 91" day of January, 2012.
CITY OF MONTICELLO
cf& X ; /�� i
Clint Herbst, Mayor
ATTEST:
Jef�PI N ',ofl,, ,,-City Administrator
VOTING IN FAVOR: 8WS4, Yi g&4, rerraaO, 1USu,5:-1,"-, rump)
VOTING IN OPPOSITION: /rope, l