city ordinances – chapter 6

OTHER BUSINESS REGULATION AND LICENSING

SEC. 6.01. DEFINITIONS

SEC. 6.01. DEFINITIONS. As used in this Chapter, the following words and terms shall have the meanings stated:

1. “Applicant” means any person making an application for a license under this Chapter.

2. “Application” means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.

3. “Bond” means a corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney.

4. “Business” means any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this Chapter.

5. “License” means a document issued by the City to an applicant permitting him to carry on and transact a business.

6. “Licensee” means an applicant who, pursuant to his application, holds a valid, current, unexpired and unrevoked license from the City for carrying on a business.

7. “License Fee” means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on a business.

8. “Sale”, “Sell” and “Sold” mean all forms of barter and all manner or means of furnishing merchandise to persons.

SEC. 6.02. APPLICATIONS

SEC. 6.02. APPLICATIONS. All applications shall be made as follows:

Subd. 1. All applications shall be made at the office of the Administrator upon forms that have been furnished by the City for such purposes.

Subd. 2. Unless otherwise provided for in this Chapter, all such applications must be subscribed, sworn to, and include such information as the Council shall deem necessary considering the nature of the business for which license application is made.

Subd. 3. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form, shall, upon discovery of such falsehood work an automatic refusal of license, or if already issued, shall render any license or permit issued pursuant thereto, void, and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part hereof.

Subd. 4. The Administrator shall, upon receipt of each application completed in accordance herewith, forthwith investigate the truth of statements made therein and the moral character and business reputation of each applicant for license to such extent as he deems necessary. For such investigation the Administrator may enlist the aid of the Chief of Police. The Council shall not consider an application before such investigation has been completed.

Subd. 5. Applications for renewal licenses may be made in such abbreviated form as the Council may by resolution adopt.

SEC. 6.03. ACTION ON APPLICATION, TRANSFER, TERMINATION AND DUPLICATE LICENSE.

SEC. 6.03. ACTION ON APPLICATION, TRANSFER, TERMINATION AND DUPLICATE LICENSE.

Subd. 1. Granting. The Council may grant any application for the period of the remainder of the then current calendar year or for the entire ensuing license year. Failure to pay any portion of a fee when due shall be cause for revocation. No license fee shall be refundable upon revocation or voluntarily ceasing to carry on the licensed activity. All applications, including proposed license periods, must be consistent with this Chapter.

Subd. 2. Issuing. If an application is approved, the Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the Council, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a calendar year basis unless otherwise specified herein as to particular businesses. Unless otherwise herein specified, license fees shall be pro-rated on the basis of 1/12th for each calendar month or part thereof remaining in the then current license year. Except as to licenses which are specifically City-wide, licenses shall be valid only at one location and on the premises therein described.

Subd. 3. Transfer. A license shall be transferable between persons upon consent of the Council. No license shall be transferable to a different location without prior consent of the Council and upon payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subdivision.

Subd. 4. Termination. Licenses shall terminate only by expiration or revocation.

Subd. 5. Refusal and Revocation. The Council may, for any reasonable cause, refuse to grant any application, or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation of any license, the Council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. Grounds for revocation may be, but are not limited to, any of the following: (1) that the licensee suffered or permitted illegal acts upon licensed premises; (2) that the licensee had knowledge of such illegal acts but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare.

Subd. 6. Duplicate License. Duplicates of all original licenses may be issued by the Administrator, without action by the Council, upon licensee’s affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE.

SEC. 6.04. FIXING LICENSE FEES

SEC. 6.04. FIXING LICENSE FEES. Except as otherwise herein provided, all fees for licenses under this Chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such license fees may, from time-to-time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective license fees shall be kept on file in the office of the Administrator, and open to inspection during regular business hours. For the purpose of fixing such fees, the Council may subdivide and categorize licenses under a specific license requirement, provided, that any such subdivision or categorization shall be included in the resolution authorized by this Section.

SEC. 6.05. CARRYING OR POSTING

SEC. 6.05. CARRYING OR POSTING. All solicitors shall at all times when so engaged, carry their license on their person. All other licensees shall post their licenses in their place of business near the licensed activity. Provided, however, that in the case of machine or other device licensing, the City may provide a sticker for the current license year which shall be affixed to each machine or device requiring such sticker. All licensees shall display their licenses upon demand by any officer or citizen.

SEC. 6.06. PENALTY FOR PROPERTY OWNER

SEC. 6.06. PENALTY FOR PROPERTY OWNER. It is unlawful for any person to knowingly permit any real property owned or controlled by him to be used, without a license, for any business for which a license is required by this Chapter.

SEC. 6.07. RESPONSIBILITY OF LICENSEE

SEC. 6.07. 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.

SEC. 6.08. CONDITIONAL LICENSES.

SEC. 6.08. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such conditions and restrictions upon a license as it, in its discretion, may deem reasonable and justified.

SEC. 6.09. RENEWAL OF LICENSES

SEC. 6.09. RENEWAL OF LICENSES. Applications for renewal of an existing license shall be made at least sixty (60) days prior to the date of expiration of the license, and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause.

SEC. 6.10. INSURANCE REQUIREMENTS

SEC. 6.10. INSURANCE REQUIREMENTS. Whenever insurance is required by a Section of this Chapter, after approval by the Council, but before the license shall issue, the applicant shall file with the Administrator a policy or certificate of public liability insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days’ written notice served upon the Administrator. Cancellation or termination of such coverage shall be grounds for license revocation.

 

 

 

SEC. 6.11. LICENSE DENIAL AND FIXING RATES - HEARING

SEC. 6.11. LICENSE DENIAL AND FIXING RATES – HEARING.

Subd. 1. Right to Deny. The Council reserves to itself the right to deny any application for a license to operate any business licensed or regulated under this Chapter where such business involves service to the public, rates charged for service, use of public streets or other public property by the applicant or the public, or the public health, safety and convenience. The Council may also consider the location of such business in making such determination. Provided, however, that before making such determination, the Council shall hold a public hearing thereon pursuant to such notice to interested parties and the public as it may deem necessary or proper in action calling for such hearing.

Subd. 2. Rates. Where, under specific provisions of this Chapter, the Council has reserved to itself the right to fix or approve fees, rates or charges of a licensed or regulated business, such rates shall be uniform for each category or class of service, and no licensee or proprietor of a regulated business shall claim or demand payment in excess thereof.

Subd. 3. Hearing. Any applicant or licensee under this Chapter who challenges denial of a license or rates fixed or approved by the Council shall have a right to a hearing before the Council upon written request therefor. Notice of time, place and purpose of such hearing shall be given to such persons and by such means as the Council may determine in calling the hearing.

Source: City Code

Effective Date: 10-1-85

SEC. 6.12. LODGING TAX

SEC. 6.12. LODGING TAX

 

Subd. 1. Definitions.

Unless otherwise expressly stated, the following words shall have the meaning given to them by this subdivision.

A.      City. The City of Buffalo.

B.      Lodging. The furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, bed and breakfast, or resort, other than the renting or leasing of lodging for a continuous period of 30 days or more.

C.      Operator. Any person or any officer, agent or employee of such person, who provides lodging to another person.

D.      Rent. The total consideration, valued in money, charged for lodging, whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself.

Subd. 2. Imposition of Tax.

Pursuant to Minnesota State Statutes, there is hereby a tax imposed on the rent charged by an operator for providing lodging to any person. A tax of 3% shall be imposed beginning on the effective date of this ordinance. The tax collected by the operator shall be a debt owed by the operator to the City and shall be satisfied only by payment to the City. In no case shall the tax imposed upon any operator by this section, exceed the amount of tax which the operator is authorized and required by this section to collect from a lodger.

Subd. 3. Collection.

Each operator shall collect the tax imposed by this section at the time rent is paid. The tax collected shall be held in trust by the operator for the City. The amount of tax shall be separately stated from the rent charged for the lodging.

Subd. 4. Advertising No Tax.

It shall be unlawful for any operator to advertise or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to rent, or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than $.O1 shall be rounded up to the next cent.

Subd. 5. Payments and Return.

The taxes imposed by this section shall be paid by the operator to the City, not later than 25 days after the end of the month in which the taxes were collected. At the time of payment, the operator shall submit a return upon such forms and containing such information as the City may require. The form shall contain the following minimum information.

A.      The total amount of rent collected for lodging during the period covered by the return.

B.      The amount of tax required to be collected and due for the period.

C.      The signature of the person filing the return or that of their agent duly authorized in writing.

D.      The period covered by the return.

E.      The amount of uncollectible rental charges subject to the lodging tax.

The operator may offset against the taxes payable in any reporting period, the amount of taxes imposed by this section previously paid as a result of any transaction, the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible.

Subd. 6. Examination of Return.

After a return is filed, the City shall examine it and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the City within ten days after receipts of a notice thereof given personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten days after determining the need for such a refund.

Subd. 7. Refunds.

Andy operator may apply to the City for a refund of taxes paid in excess of the amount legally due for a prescribed period. Provided that no application for a refund shall be considered unless it is filed within one year after such tax was paid to the operator, or within one year from the filing of the return, whichever period is longer. The City shall examine the claim and make and file written findings thereon, denying or allowing the claim in whole or in part, and shall mail notice thereof, by registered mail, to such operator at the address stated in the return. If such claim is allowed in whole or in part, the City shall credit the amount of the refund against any taxes due under this section from the operator, and the balance of the refund, if any, shall be paid by the City to the operator.

Subd. 8. Failure to File a Return.

If any operator fails to file a return within the time prescribed or shall make an incorrect, false or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five days of receipts of such written notice and shall, at the same time, pay any tax due. If the operator fails to file such return or corrected return within five days of receipt of such written notice and shall, at the same time, pay any tax due. If the operator fails to file such return or corrected return, the City shall make a return or corrected return for such operator from such knowledge and information as the City can obtain and assess a tax on the basis thereof, which tax (less any payments therefore made on account of the tax for the taxable period covered by such return) shall be paid upon within five days of the receipt of written notice and demand for such payment. Any such tax assessment made by the City shall be deemed to be prima fade correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. If any portion of a tax imposed by this section, including penalties thereon, is not paid within 30 days after it is required to be paid, the city attorney may institute such legal action as may be necessary to cover the amount due, plus interest, penalties, and the costs and disbursements of any action. Upon a showing of good cause, the City may grant an operator one 30-day extension in which to file a return and make payment of taxes, as required by this section, provided that interest during such period of extension shall be added to the taxes due at the rate of 10% per annum.

Subd. 9. Penalties.

If any tax imposed by this section is not paid within the time required by this section, there shall be added thereto a penalty equal to 10% of the amount remaining unpaid. The amount of the tax not timely paid, together with any penalty provided by this section, shall accrue interest at the rate of 8% per annum from the time such tax should have been paid. Any interest and penalty shall be added to the tax and collected as part thereof.

Subd. 10 Use of Proceeds.

Ninety-five percent of the proceeds obtained from the collection of taxes pursuant to this section shall be used in accordance with the Minnesota State Statutes Section 477A.018 and the Tourism Bureau Agreement between the City and the Buffalo Chamber of Commerce, as both may be amended from time to time, to fund a local Tourism Bureau for the purpose of marketing and promoting the City of Buffalo as tourist destination. The remaining 5% shall be retained by the City to cover its administrative expenses.

Subd. 11 Appeals.

Any operator aggrieved by any notice, order or determination made by the City under this section may file a petition for review of such notice, order or determination detailing the operator’s reason for contesting the notice, order or determination detailing the operator’s reason for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner, the petitioner’s address and the location of the lodging subject to the order, notice or determination. The petition for review shall be filled with the City clerk within ten days after the notice, or determination for which review is sought has been mailed or served upon the person requesting review. Upon receipt of the petition, the City clerk or the City clerk’s designee, shall set a date for a hearing and give the petitioner at least five days’ prior written notice of the date, time and place of the hearing. At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination shall be modified or withdrawn. The petitioner may be represented by counsel of petitioner’s choosing at petitioner’s own expense. The hearing shall be conducted by the City Council. The City Council, in consultation with the city attorney, shall make written findings of fact and conclusions based upon the application sections of this section and the evidence presented. The City Council may affirm, reverse or modify the notice, order or determination made by the City.

Subd. 11 Violation.

Any operator who willfully fails to make a return required by this section or who shall fail to pay the tax, penalty or interest imposed by this section, or after written demand for payment, or who shall refuse to permit the City to examine the books, records and papers under the operator’s control, or who shall willfully make an incomplete, false or fraudulent return, shall be guilty of a misdemeanor.

 

Source:  Ordinance 54, Series 5

Effective Date:  09-25-2003

SEC. 6.30. AMUSEMENT DEVICES

SEC. 6.30. AMUSEMENT DEVICES.

Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:

A. “Game of skill” – Any device excepting pool and billiard tables, bowling alleys and shooting lanes, but including miniatures thereof, played by manipulating special equipment and propelling balls or other projectiles across a board or field into respective positions whereby a score is established, which is available to be played by the public generally at a price paid either directly or indirectly for such privilege.

B. “Coin amusement” – Any machine which upon the insertion of a coin, token or slug, operates or may be operated and is available to the public generally for entertainment or amusement, which machine emits music, noise or displays motion pictures.

C. “Video game” – Any electrical device which displays objects on a screen and upon insertion of a coin, token or slug may be played by the public generally for entertainment or amusement.

D. “Amusement device” – includes a game of skill, a coin amusement, or a video game, as defined in this Subdivision, or any combination thereof.

E. “Distributor” – The person who places amusement devices on premises not owned by him or under his control, which devices may be played by the public generally for a price paid either directly or indirectly.

F. “Arcade” – A contiguous area in which more than six (6) amusement devices are kept for use by the public generally.

Subd. 2. License Required. It is unlawful for any person to have upon premises owned or controlled by him (l) any amusement device, or (2) operate an arcade, without a license therefor from the City. It is unlawful for any person to be a distributor without a license therefor from the City.

Subd. 3. Exception. This Section shall not apply to video games of chance under the control of the Charitable Gambling Control Board.

Subd. 4. Unlawful Use and Devices. It is unlawful for any person to: (1) sell or maintain a machine or device which is for gambling or contains an automatic pay-off device; (2) give any prize, award, merchandise, gift, or thing of value to any person on account of operation of such device; (3) sell or maintain, or permit to be operated in his place of business, any amusement device equipped with an automatic pay-off device; (4) equip any amusement device with an automatic pay-off device; (5) permit persons under the age of eighteen years to play or operate any game of skill; (6) permit the playing of coin amusement machines between the hours of l:00 o’clock A.M. and 6:00 o’clock A.M. of any day; or, (7) permit the playing of coin amusement machines within 600 feet of any church, public or parochial school or playground.

 

 

 

 

SEC. 6.32. SHOWS

SEC. 6.32. SHOWS.

Subd. 1. License Required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the City.

Subd. 2. Exceptions. No license shall be required in the following instances:

A. Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for the students thereof only.

B. Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only.

C. Any performance or event in, or sponsored by, bona fide local church and non-profit organizations, provided that such organization shall be incorporated.

Source: City Code

Effective Date: 10-1-85

Subd. 3. Prohibited Acts in Certain Performances. Adult uses, principal and accessory, as defined in Section 6.39, are prohibited at any performance presented to the general public where minors are admitted.

Subd. 4. Prohibited Acts in Liquor Establishments. Adult uses, principal and accessory, as defined in Section 6.39, are prohibited in establishments where liquor is served.

Source: Ordinance No. 28, Series III

Effective Date: 2-22-91

SEC. 6.33. BILLIARDS, POOL AND BOWLING

SEC. 6.33. BILLIARDS, POOL AND BOWLING.

Subd. 1. License Required. It is unlawful for any person to keep or maintain any pool, billiard, snooker or other game table, or any bowling alley (bowling lane) available for public use without first having obtained a license from the City.

Subd. 2. Practices Prohibited. It is unlawful for any:

A. Pool, billiard, snooker or other game table licensee to be open between 1:00 o’clock A.M. and 8:00 o’clock A.M. of any weekday, or between 1:00 o’clock A.M. and 12:00 o’clock noon on any Sunday, and permit use of such licensed facilities.

B. Person under the age of nineteen years to play pool, billiards, snooker or other such game table where beer or liquor is sold or consumed, unless accompanied by his parent or guardian.

C. Licensee to cause or permit any person under the age of nineteen years to play pool, billiards, snooker or other similar game table where beer or liquor is sold or consumed unless such minor is accompanied by his parent or guardian.

D. Licensee to permit any form of gambling thereon.

E. Licensee to permit any person to become disorderly or to use profane, obscene or indecent language.

F. Licensee, not having an on-sale liquor license, to sell or possess, or knowingly allow any person on the licensed premises to sell or possess, intoxicating liquor.

 

 

 

 

 

SEC. 6.34. TAXICABS

SEC. 6.34. TAXICABS.

Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:

A. “Taxicab” means any passenger conveyance being driven, on call or traversing a scheduled or unscheduled route for public use or hire upon payment of a fare or at regular fare rates, but not including such as are designed for mass transportation as buses, trains or streetcars.

B. “Operator” means a licensee owning or otherwise having control of one or more taxicabs.

C. “Driver” means the person driving and having physical control over a taxicab whether he be the licensee or in the employ of the licensed operator.

Subd. 2. License Required. It is unlawful for any person to drive or operate a taxicab without a license therefor from the City.

Subd. 3. License Issuance and Display, and Vehicle Marking. All licenses shall be issued for specific conveyances, except as otherwise herein provided. License tags, including number and year for which issued, shall be plainly visible from the front of the conveyance. Both sides of every licensed taxicab, when in use, shall be plainly and permanently marked as such with a painted sign or appurtenances showing the full or abbreviated name of the licensed operator.

Source: City Code

Effective Date: 10-1-85

Subd. 4. Insurance Required. Before a taxicab license is issued by the Council, and at all times effective during such licensed period, the licensee shall have and maintain public liability and bodily injury insurance in the amount of $50,000.00 for any one person, and $100,000.00 for two or more persons injured in any one accident, as well as $25,000.00 property damage insurance.

Source: Ordinance No. 9, Series IV

Effective Date: 9-9-94

Subd. 5. Rates. Each applicant shall file with the Administrator, before a taxicab license is issued or renewed, a schedule of proposed maximum rates to be charged by him during the licensed period for which the application is made. The schedule of proposed maximum rates, or a compromise schedule thereof, shall be approved by the Council before granting the license. Such schedule shall be posted in a conspicuous place in the taxicab in full view of passengers riding therein. Nothing herein shall prevent a taxicab licensee from petitioning the Council for review of such rates during the licensed period, and the Council may likewise consider such petition and make new rates effective at any time. No taxicab licensee shall charge rates in excess of maximum rates approved by the Council.

Source: City Code

Effective Date: 10-1-85

Subd. 6. Mechanical Condition. Before issuing a taxicab license, the applicant shall present to the Council a certificate signed by a competent and experienced mechanic showing that the taxicab conveyance is in good mechanical condition, that it is thoroughly safe for transportation of passengers and that it is in neat and clean condition. Such similar certificate may be required from time to time during the licensed period.

Source: Ordinance No. 9, Series IV

Effective Date: 9-9-94

SEC. 6.35.1 TOBACCO

SEC. 6.35.1 TOBACCO.

Subd. 1. Purpose. Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of State laws; and because studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. § 144.391.

Subd. 2. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term “shall” means mandatory and the term “may” means permissive. The following terms shall have the definitions given to them:

A. Tobacco or Tobacco Products. “Tobacco” or “Tobacco products” shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts, plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking.

B. Tobacco Related Devices. “Tobacco related devices” shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products.

C. Self-Service Merchandising. “Self-Service Merchandising” shall mean open displays of tobacco, tobacco products, or tobacco related devices in any way where any person shall have access to the product without the assistance or intervention of an employee of the premise maintaining the self- service merchandising. Self-service merchandising shall not include vending machines.

D. Vending Machine. “Vending Machine” shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device.

E. Individually packaged. “Individually packaged” shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged.

F. Loosies. “Loosies” shall mean the common term used to refer to a single or individually packaged cigarette.

G. Minor. “Minor” shall mean any natural person who has not yet reached the age of eighteen (18) years.

H. Retail Establishment. “Retail Establishment” shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants.

I. Moveable Place of Business. “Moveable Place of Business” shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.

J. Sale. A “Sale” shall mean any transfer of goods for money, trade, barter, or other consideration.

K. Compliance Checks. “Compliance Checks” shall mean the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks may involve the use of minors as authorized by this ordinance.

Subd. 3. License. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city.

A. Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city administrator shall forward the application to the council for action at its next regularly scheduled council meeting. If the administrator
shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.

B. Action. The council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the council shall approve the license, the administrator shall issue the license to the applicant. If the council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the council’s decision.

C. Term. All licenses issued under this ordinance shall be valid for one calendar year from the date of issue.

D. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended upon a determination of a violation of this ordinance.

E. Transfer. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the council.

F. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance.

G. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise.

H. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but not more than sixty (60) days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.

Subd. 4. Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license under this ordinance shall be $50.00.

Subd. 5. Basis for Denial of License. The following may be grounds for denying the issuance or renewal of a license under this ordinance, and if a license is mistakenly issued or renewed to a person, it may be revoked upon the discovery that the person was ineligible for the license under this Section.

A. The applicant is under the age of 18 years.

B. The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices.

C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of application.

D. The applicant fails to provide any information required on the application, or provides false or misleading information.

E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license.

Subd. 6. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device:

A. To any person under the age of eighteen (18).

B. By means of any type of vending machine, except as may otherwise be provided in this ordinance.

C. By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device.

D. By means of loosies as defined in Section 200 of this ordinance.

E. By any other means, or to any other person, prohibited by Federal, State or other local law, ordinance provision, or other regulation.

Subd. 7. Vending Machine.

A. Prohibition. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine.

B. Exceptions. The prohibition in Subdivision 7, Section A shall not apply to the following locations:

1. Exclusive liquor establishments (Intoxicating or non-intoxicating, on-sale or off-sale).

2. Bowling Centers, in the portion of the building where alcoholic beverages are sold and consumed and in areas where persons under the age of 18 are not generally permitted.

3. Other businesses where minors are excluded as a matter of age.

Subd. 8. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee’s employee. All tobacco, tobacco products, and tobacco related devices shall be stored behind a counter or other area not freely accessible to customers.

Subd. 9. Responsibility. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licenses premises, and the sale of such an item by an employee shall be considered a sale by the license holder for purposes of determining an issuance, denial or revocation of a license.

Subd. 10. Compliance Checks and Inspections. All licensed premises shall be open to inspection by an authorized City official during regular business hours. The City shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for compliance checks shall be trained and supervised by designated City personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as part of the compliance check. No minor used in compliance checks shall attempt to use false identification misrepresenting the minor’s age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor’s age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or federal law.

Subd. 11. Other Illegal Acts. Unless otherwise provided, it shall be a violation of this Ordinance for:

A. Illegal Sales. Any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor.

B. Illegal Possession. Any minor to have in his or her possession any tobacco, tobacco product or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check.

C. Illegal Use. Any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product or tobacco related device.

D. Illegal Procurement. Any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device, and it shall be a violation of this Ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain for use any tobacco, tobacco product or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check.

E. Use of False Identification. Any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.

Subd. 12 Violations.

A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her rights to be heard on the accusation.

B. Hearings. If a person accused of violating this Ordinance requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.

C. Hearing Panel. The City Council shall appoint a hearing officer to handle any requested hearings under this Section.

D. Decision. If the hearing officer determines that a violation of this Ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under this Ordinance, shall be recorded in writing and a copy provided to the accused violator. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, these findings shall be recorded in writing and a copy provided to the accused violator.

E. Appeals. Appeals of any decision of the City Council under this Ordinance shall be filed in the Wright County District Court.

Subd. 13. Penalties

A. Licensees. Any licensee found to have violated this Ordinance, or whose employees shall have violated this Ordinance, shall be charged an administrative fine of $75.00 for a first violation of this Ordinance; $200 for a second offense at the same licensed premises within a twenty-four month period; and $250 for a third or subsequent offense at the same location within a twenty-four month period. In addition, with a third or subsequent offense , the license shall be suspended for not less than seven days.

B. Other Individuals. Other individuals, other than minors regulated by subsection C of this Subdivision found to be in violation of this Ordinance shall be charged an administrative fine of $75.00 for a first violation of this Ordinance, and $200.00 for a second offense within a twenty-four (24) month period.

C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco related devices may be charged an administrative fine of $75.00 and be required to attend an appropriate tobacco education or tobacco cessation program from an approved source. The City may notify the minor’s school and parent or legal guardian of the violation. The cost of the program shall be the responsibility of the minor attending the program. D. Misdemeanor Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor or as a petty misdemeanor under Section 6.35.2 for any violation of this Ordinance.

Subd. 14. Exceptions and Defenses. Notwithstanding the provisions of this Ordinance, an Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as a part of a traditional Indian spiritual or cultural ceremony. For the purposes of this subdivision, an Indian is a person who is a member of an Indian tribe as defined by State statute. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by State law.

Subd. 15. Severabillity and Savings Clause. If any section, or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this Ordinance.

Subd. 16. Conformity with Other Laws. The remedies and administrative penalties listed in this ordinance are not exclusive and are in addition to any other remedies provided by law. This Ordinance specifically does not preclude criminal prosecution under the laws of Minnesota relating to the use, possession, or sale of tobacco.

Subd. 17. Replaces Inconsistent Ordinances. This Ordinance shall replace and supersede City Code Section 6.35.1, Subds. 10 through 14.

Source: Ordinance No. 1, Series V
Effective Date: 07-05-96
 
Source: Ordinance No. 24, Series V
Effective Date: 04-22-99
SEC. 6.35.2 TOBACCO USE BY MINORS.

SEC. 6.35.2 TOBACCO USE BY MINORS.

Subd. 1. Definitions. The definitions in Section 6.35.1 of this Code and the following definitions shall apply to this Section:

A. Juvenile petty offense. A “juvenile petty offense” includes any violation of this Section or Minn. Stat. §609.685, Subd. 3, by a person under the age of 18 years.

B. Juvenile petty offender. A person under the age of 18 years who commits a juvenile petty offense is a “juvenile petty offender.”

Subd. 2. Petty Misdemeanor. Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.

Subd. 3. Adjudication. A juvenile petty offender who has committed a juvenile petty offense shall be adjudicated a “petty offender,” and shall not be adjudicated delinquent except pursuant to Minn. Stat. §260.131 or other Minnesota juvenile laws.

Subd. 4. No Right to Counsel at Public Expense. A child alleged to be a juvenile petty offender for violating this Section or Minn. Stat. §609.685, Subd. 3, may be represented by counsel, but does not have a right to appointment of a public defender or other counsel at public expense.

Subd. 5. Dispositions. If the juvenile court finds that a child is a petty offender under this Section, the court may:

(a) require the child to pay a fine of up to $200

(b) require the child to participate in a community service project-,

(c) require the child to participate in a drug awareness program-,

(d) place the child on probation for up to six (6) months;

(e) order the child to undergo a chemical dependency evaluation and if warranted by this evaluation, order participation by the child in an outpatient chemical dependency treatment program;

(f) order the child to make restitution to the victim; or

(g) perform any other activities or participate in any other outpatient treatment program deemed appropriate by the court,

In all cases where the juvenile court finds that a child has purchased or attempted to purchase tobacco in violation of this Section or Minn. Stat. §609.695, Subd. 3, if the child has a driver’s license or permit to drive, and if the child used a driver’s license, permit or Minnesota identification card to purchase or attempt to purchase tobacco, the court shall forward its finding in the case and
the child’s driver’s license or permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend the child’s license or permit for a period of 90 days.

Subd. 6. Enhanced Dispositions. If the juvenile court finds that a child has committed a second or subsequent juvenile tobacco offense, the court may impose any of the following dispositional alternatives:

(a) The court may impose any of the dispositional alternatives described in Subdivision 5, clauses (a) to (f).

(b) If the adjudicated petty offender has driver’s license or permit, the court may forward the license or permit to the commissioner of public safety. The commissioner shall revoke the petty offenders driver’s license or permit until the offender reaches the age of 18 years or for a period of one year, whichever is longer.

(c) If the adjudicated petty offender has driver’s license or permit, the court may suspend the driver’s license or permit for a period of up to 90 days, but may allow the offender driving privileges as necessary to travel to and from work.

Subd. 7. State Juvenile Laws. The City does not intend this Section to conflict with Minnesota Juvenile laws, including Minn. Stat, §260.195, and State law will govern any conflict.

Subd. 8. Severability and Savings Clause. If any section or portion of this Section shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction that finding shall not invalidate or effect the validity or enforceability of this Section or its provisions.

Source:  Ordinance 21, Series V
Effective Date:  01-28-1999

 

 

 

 

 

SEC. 6.36. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS

SEC. 6.36. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS.

Subd. 1. Purpose. This Section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The Council finds, however, that peddlers, solicitors, and transient merchants have used public streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This Section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and, (2) businesses and organizations which, though its activities be lawful or even commendable, use such illegitimate practices in solicitation; and, (3) individual natural persons who, though they represent lawful businesses and organizations, use such illegitimate solicitation practices. The Council further finds that a large number of the residents of the City are employed as their livelihood and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control. To protect the public’s health, safety, and welfare, the City deems it necessary to regulate these practices through a registration process.

Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated:

A. “Established place” means real estate in the City owned, leased on a month-to-month or term-certain longer than thirty (30) days. the term includes a booth, compartment, or area leased or assigned during and for the length of an event or occasion.

B. “Goods” means wares, products, merchandise or any other tangible thing of value, such goods used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable therefrom. The term also includes merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be used in their face amount in lieu of cash, in exchange for goods or services sold by such seller.

C. “Peddler” means a person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of offering for sale, displaying for sale, selling or attempting to sell, for immediate delivery, the goods or services that the person is carrying or otherwise transporting.

D. “Person” means any natural individual, group, organization, corporation, partnership or similar association.

E. “Professional Fund raiser” means any person, who, for compensation, performs any solicitations or other services for a religious, political, social or other charitable organization.

F. “Services” means work, labor, or services of any kind.

G. “Solicitor” means any person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for the sale of goods, merchandise, subscriptions or services for future delivery or seeks donations for any organization by the means of going door-to-door.

H. “Transient Merchant” means a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty storefront for the purpose of exposing for sale, selling or attempting to sell goods, who does not remain in any one location for more than fourteen (14) consecutive days. “Transient Merchant” shall not mean any person who sells or attempts to sell goods on property which the person owns or legally occupies.

Subd. 3. Prohibited Practices.

A. It is unlawful for any solicitor to engage in solicitation, peddling or transient merchandising for any unlawful business or organizational purpose or activity.

B. It is unlawful for any solicitor, peddler or transient merchant to engage in harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise operate their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive.

C. It is unlawful for any solicitor, peddler or transient merchant to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign prohibiting solicitation.

D. It is unlawful for any solicitor, peddler or transient merchant to refuse to leave any premises when requested by the owner, lessee, or person in charge thereof. It is unlawful for any transient merchant to sell or attempt to sell on private property without the written consent of the owner of record of the property.

E. It is unlawful for any person to engage in any activity constituting that of a solicitor, peddler or transient merchant without first obtaining a permit or being registered with the City as herein provided.

F. It is unlawful for any solicitor, peddler or transient merchant to not carry a permit or certificate of registration when engaging in sales activity.

G. It is unlawful for any solicitor, peddler or transient merchant to obstruct the free flow of either vehicle or pedestrian traffic on any street, sidewalk, or other public right of way.

H. It is unlawful for any solicitor, peddler or transient merchant to conduct any sales activity between 8:00 am and 8:00 pm, except that a transient merchant may do so if expressly authorized under the permit.

I. It is unlawful for any solicitor, peddler or transient merchant to use amplifying devices, bells, horns, whistles, or other unreasonably loud means of calling attention to his or her business or the items to be sold.

J. It is unlawful to make any false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor or transient merchant shall claim to have the endorsement of the City solely based on the City having issued a permit or certificate of registration to that person.

Subd. 4. Permit or Registration Required; Exemptions.

A. City Permit. Except as otherwise provided in this ordinance no person shall conduct business within City limits as a peddler or a transient merchant without first obtaining a permit. Solicitors need not be licensed, but are required to register with the City pursuant to Subd. 5. The permit or certificate of registration shall be carried by the person while conducting sales activities and shall be shown to any resident or police officer upon demand.

B. Exemptions. No permit shall be required for the following:

1. Any person selling or attempting to sell or to take orders for any product grown, produced, cultivated or raised on a farm.

2. Any person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement for the purpose of exercising that persons state or federal constitutional rights, such as freedom of speech, press religion and the like. However, that person will not be exempt from the permit or registration requirements if the person sells or attempts to sell any goods or services in connection with the door-to-door canvassing.

3. Any vendor at a civic or community festival or event or other special activity such as a farmer’s market, art fair or holiday festival or organized fund raisers or tournaments, provided the vendor is a registered vendor with the group or organization operating the festival or event and the group or organization obtains any required permit or registration required by the City.

4. Any person canvassing, soliciting or fund raising for charitable organizations if such organization is registered with the attorney general pursuant to the provisions of Minn Stat §309.52 as a charitable organization or exempted pursuant to the provisions of Minn Stat §309.515. Professional Fund raisers are NOT exempt from the requirements of this Section.

Subd. 5. Application. Applications for a permit or certificate of registration shall contain the name and address of the person to be conducting the sale activity, the name and address of the business or organization for which the permit or certificate of registration is sought and such other information as may reasonably be required by the Council as a condition to registration or permitting or to permit investigation into the applicant’s background and past solicitation practices. The application shall be signed by the applicant and shall be accompanied by the fees established in the City’s fee schedule, as amended by the City Council from time to time. All applications shall be made at least fourteen (14) days prior to conducting any business activities.

Subd. 6. Investigation, Approval or Disapproval.

A. The City may conduct such background checks as the city deems necessary and prudent. The following shall be grounds for denying a permit:

1. Failure of an applicant to truthfully provide any information requested by the City as part of the application process.

2. Failure of the applicant to pay any required fee.

3. When an applicant has a bad business reputation. Evidence of a bad business reputation may include prior revocations of any permit or license, prior convictions for violation of any federal or state law or regulation or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the permit is being sought, or prior complaints with the City, Better Business Bureau, state Attorney General, or other similar business or consumer rights office.

Subd. 7. Suspension or Revocation.

A. Generally. Any permit issued under this section may be suspended or revoked at the discretion of the City for violation of any of the following:

1. Fraud, misrepresentation or incorrect statements on the application form.

2. Violation of any provision of this Code section.

B. Notice. Prior to revoking or suspending any permit, the City shall provide the holder with a written notice of the alleged violation. Notice shall be delivered in person or by mail to the address listed on the license application.

C. Public Hearing. Upon receiving the notice provided in part B, the holder shall have the right to request a public hearing in front of the City Council to review the suspension or revocation. If no request for a hearing is received by the City Administrator within ten (10) days following the service of the notice, the revocation or suspension shall be final. For the purpose of mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the time frame, a hearing shall be scheduled at the next available City Council meeting. The Council shall notify the holder of its decision within five (5) business days of the hearing.

D. Emergency. If in the discretion of the City Administrator, imminent harm to the health or safety of the public may occur because of the actions of a permit holder under this Section, the City may immediately suspend the permit or registration and provide notice of the right to a subsequent public hearing as prescribed in part C.

Subd. 8. Transferability. No permit or certificate of registration shall be transferred to any other person other than the person to whom it was issued. Each individual person conducting activities for any organization must obtain a separate permit or certificate of registration.

Source: City Code

Effective Date: 10-1-85

 

Revised: Ordinance: 89, Series 5

Effective Date: 12/8/2011

 

 

 

 

 

SEC. 6.37. GAMBLING

SEC. 6.37. GAMBLING.

Subd. 1. Definitions. The following definitions shall apply to this Section:

A. “Lawful Gambling” – The operation, conduct or sale of bingo, raffles, paddlewheels, tipboards and pull-tabs for a lawful purpose.

B. “Organization” – Any fraternal, religious, veterans, or other non-profit organization which has been in existence for at least three years and has at least 15 active members.

Subd. 2. Permit Required. It is unlawful for any organization exempt from licensing under Minnesota Statutes, Section 349.214, to conduct lawful gambling without a permit from the City. Provided, however, that bingo conducted in a nursing home or a senior citizen housing project, or by a senior citizen organization, conducted as provided and exempted by statute, shall not require a permit.

Source: Ordinance No. 23, Second Series

Effective Date: 3-4-88

Subd. 3. Permit Criteria. In approving the application, the City may consider whether or not the benefit the lawful use of the charitable gambling funds benefits the local community. The City may disapprove an application for issuance or renewal of a premise permit for any of the following reasons:

A. Violation by the gambling organization of any statute, ordinance or rule relating to gambling;

B. Violation by the on-sale establishment, or other organization leasing its premise for gambling, of any statute, ordinance or rule relating to the operation of the establishment, including but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety;

C. Failure by the gambling organization to make adequate corrections in its organizational structure and procedures in response to an audit report.

D. Where the operations of gambling at the site would be detrimental to health, safety or welfare; or

E. The lawful use of charitable gambling funds does not benefit the local community.

Subd. 4. Expenditure of Proceeds/Local Benefits. Each organization conducting lawful gambling within the City of Buffalo shall annually expend sixty-six per cent (66%) of its lawful purpose expenditures, as defined by Minn. Stat. 349.12 as amended, within the trade area of the City of Buffalo. The “trade area” is defined as the City limits, Buffalo Township, Marysville Township and Rockford Township and Chatham Township. This subdivision shall only apply to lawful purpose expenditures of gross profits derived from gambling at a premise located within the City of Buffalo.

Subd. 5. Reporting Requirements. The organization shall annually provide a report to the City demonstrating compliance with the trade area spending requirements.”
Source: Ordinance No. 65, Series 5

Effective Date: 4-26-2007

 

 

 

 

SEC. 6.39. ADULT USES

SEC. 6.39. ADULT USES.

Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:

A. “Adult Uses” – Adult uses include adult bookstores, adult motion picture theatres, adult motion picture sales/rental, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included.

1. “Specified Anatomical Areas”:

(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and,

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2. Specified Sexual Activities:

(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or,

(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or,

(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or,

(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or,

(e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or,

(f) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or,

(g) Human excretion, urination, menstruation, vaginal or anal irrigation.

B. Adult Uses – Accessory. The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and the like.

C. Adult Uses – Principal. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the following:

1. Adult Use – Body Painting Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.

2. Adult Use – Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture films if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.

3. Adult Use – Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.

4. Adult Use – Companionship Establishment. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

5. Adult Use – Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

6. “Adult Use – Health/Sport Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

7. Adult Use – Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.

8. Adult Use – Massage Parlor, Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

9. Adult Use – Mini-Motion Picture Theatre. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

10. Adult Use – Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

11. Adult Use – Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.

12. Adult Use – Motion Picture Theatre. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

13. Adult Use – Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

14. Adult Use – Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

15. Adult Use – Steam Room/Bathhouse Facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

Subd. 2. License Required. It is unlawful for any person to operate an adult use, principal, without having first obtained a license as hereinafter provided. No license shall be required for an adult use, accessory.

Subd. 3. Applications. In addition to such information as the City Administrator may require pursuant to Section 6.02, the application shall also include:

A. The name, residence, phone number and birthdate of the applicant, if an individual; and if a corporation, the names, residences, phone number and birthdates of those owners holding more than five percent (5%) of the outstanding stock of the corporation;

B. The name, address, phone number and birthdate of the manager of such operation, if different from the owners;

C. The premises wherein the adult use is to be located;

D. A statement detailing each gross misdemeanor or felony relating to a sex offense and/or the operation of adult uses and related activities of which the applicant or, in the case of a corporation, the owners of more than five percent (5%) of the outstanding stock of the corporation, have been convicted, and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities.

E. The activities and types of business to be conducted;

F. The hours of operation;

G. The provisions made to restrict access by minors;

H. A building plan of the premises detailing all internal operations and activities.

Subd. 4. License Fees.

A. Each application for a license shall be accompanied by a receipt from the City for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any applications for a license, the City shall refund the amount paid.

B. All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month.

C. The annual fee for an adult use, principal, license shall be adopted by resolution of the Council.

D. No part of the fee paid by any license issued under this Section shall be refunded except in the following instances upon application to the City Administrator within thirty (30) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired portion of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one (1) month before expiration of the license because of:

1. Destruction or damage of the licensed premises by fire or other catastrophe;

2. The licensee’s disabling illness;

3. The licensee’s death;

4. A change in the legal status making unlawful for the licensed business to continue.

Subd. 5. Granting of License.

A. The City Administrator shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and administrative hearing, the City Administrator shall grant or refuse the application subject to appeal to the Council.

B. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Administrator subject to appeal to the Council.

C. Existing Licensees Compliance. All existing businesses shall be required to conform with this provision on or before July 1, 1991. Failure to comply will result in the license being revoked effective 12:00 o’clock midnight July 1, 1991.

Subd. 6. Persons Ineligible for License. No license shall be granted to or held by any person:

A. Under twenty-one (21) years of age;

B. Who has been convicted of a felony or of violating any law of this State or City Code provision relating to sex offenses and/or adult uses.

C. Who is not the proprietor of the establishment for which the license is issued.

Subd. 7. Places Ineligible for License.

A. No license shall be granted for adult uses on any premises where a licensee has been convicted of a violation of this Chapter, or where any license hereunder has been revoked for cause, until one (1) year has elapsed after such conviction or revocation.

B. Except for uses lawfully existing on the effective date of this Section, no license shall be granted for any adult use which is not in compliance with the City’s zoning regulations.

Subd. 8. Conditions of License.

A. Every license shall be granted subject to the conditions in the following subparagraphs and all other provisions of this Chapter, and of any applicable Sections of the City Code or State law.

B. All licensed premises shall have the license posted in a conspicuous place at all times.

C. In the case of an adult use, principal, no minor shall be permitted on the licensed premises unless accompanied by his parent or legal guardian.

D. Any designated inspection officer of the City shall have the unqualified right to enter, inspect, and search the premises of a licensee during business hours within a search and seizure warrant.

E. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of order.

Source: Ordinance No. 28, Series III

Effective Date: 2-22-91

 

 

 

 

SEC. 2.36. WATER AND SEWER DEPARTMENT

SEC. 6.40. SECONDHAND GOODS

 

Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:

 

A.  Pawnbroker.  Any natural person, partnership or corporation, either as principal or agent or employee thereof, 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.  To the extent that a pawnbroker’s business includes buyer personal property previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable.

 

(1)  Exemptions to “Pawnbroker”: Any bank regulated by the State of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates to those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce.

B. “Pawnshop” means the location at which or premises in which a pawnbroker regularly conducts business.

 

C. “Pawn transaction” means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

D. “Person” means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized.

 

E. “Pledged Goods” means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession or a pawnbroker in connection with a pawn transaction.

 

F. “Secondhand Goods Dealer” means a person whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased.

 

Subd. 2. Exemptions. This Section does not apply to or include the following:

 

A. The sale of secondhand goods where all of the following conditions are present:
(1) The sale is held on property occupied as a dwelling by the seller, or owned, rented or leased by a charitable or political organization;

(2) The items offered for sale are owned by the occupant;
(3) The sale does not exceed a period of 72 consecutive hours;
(4) Not more than two sales are held either by the same person or on the same property, as defined in Item l, above, in any twelve month period; and,
(5) None of the items offered for sale have been purchased for resale or received on consignment for purpose of resale.

 

B. Sales by a person licensed as a motor vehicle dealer.

 

C. The sale of secondhand books, magazines, sound or video recordings or films.

 

D. The sale of goods at an auction held by a licensed auctioneer.

 

E. The business of buying or selling only those secondhand goods taken as part or full payment for new goods, and where such business is incidental to and not the primary business of a person.

 

F. 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.

 

G. Goods sold at a public market.

 

H. Goods sold at an exhibition.

 

I. The sale of secondhand goods by a secondhand goods dealer on property where no pawnbroker license is in effect.

 

Subd. 3. License Required.

 

A. Secondhand Goods Dealer. Except as herein otherwise provided, it is unlawful for any person to engage in the business of secondhand goods dealer without first obtaining a secondhand goods dealer license therefore from the City.

 

B. Pawnbroker. Pawnbroker shall obtain a license as outlined in Sec. 6.40.1.

 

C. Separate Licenses Required. 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.  A secondhand goods dealer may not conduct, operate or engage in the business of pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license. A separate license is required for each place of business.

 

Subd. 4. Multiple Dealers.

 

A. Multiple Licenses. The owner of a business at which two or more secondhand goods dealers are engaged in business by maintaining separate sales space and identifying themselves to the public as individual dealers may obtain a multiple secondhand goods dealer license for that location. A multiple license may not be issued unless the following requirements are met:

(1) The businesses must have a single name and address;
(2) The businesses must operate in a compact and contiguous space;
(3) The businesses must be under the unified control and supervision of the one person who holds the license; and,
(4) Sales must be consummated at a central point or register operated by the owner of the business, and the owner must maintain a comprehensive account of all sales.

 

B. Compliance. The holder of a secondhand goods dealer license under this Section for a business with more than one dealer at the same location must comply with all of the requirements of this Section, including the responsibility for police reporting and record-keeping in the same manner as any other dealer licensed under this Section. A dealer licensed under this Section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this Section.

 

Subd. 5. License Fee.

 

A. Secondhand Goods. The annual license fee for a secondhand goods dealer shall be established by Council resolution.

 

B. Multiple Sales. The annual license fee for a secondhand goods dealer for a location where more than one secondhand goods dealer is engaged shall be established by Council resolution.

 

C. Pawnbrokers.  Refer to Sec. 6.40.1 for pawnbroker license requirements.

 

Subd. 6. Application for Secondhand Goods Dealer License.

 

A. Contents. A license applicant must complete an application form provided by the City Administrator. The application must be in a form and request information of the applicant as determined by the Council.

 

B. Execution. If the applicant is a natural person, the application must be signed and sworn to by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner.

 

C. Fees. The application must be accompanied by the required license fee. The fee will be returned to the applicant if the application is rejected.

 

D. False Statements. It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties, the license may be subsequently revoked by the Council for a violation of this Section.

 

Subd. 7. Bond. Before a license shall be granted to any person as a pawnbroker or secondhand dealer, he shall execute and deposit with the City a corporate surety bond in the penal sum of $2,000.00 on which the City is obligee, conditioned that said applicant will observe the conditions and provisions of this Section and obey all laws governing the licensed business, and pay all fees, taxes, penalties and other charges associated with the business.

 

Subd. 8. Site Plan. The application for a secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain:

 

A. A legal description of the property upon which the proposed licensed premises is situated.

 

B. A plot plan.

 

C. The exact location of the licensed premises on the property, customer and employee parking areas; accesses onto the property, and entrance into the premises.

 

D. The location of and distance from the nearest church, school, hospital and residence.

 

E. A floor plan of the licensed premises.

 

Subd. 9. Investigations.

 

A. Conduct. The City, prior to the granting of an initial or renewed secondhand goods dealer license, must conduct a preliminary background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The investigation shall be conducted by the Chief of Police or designated agent to the Council and the results reported to the Council. The Chief of Police must verify the facts stated in the application, and must report all convicted violations of State law, Federal law, or City Code provisions involving the applicant, interested persons, or the licensed premises while under that applicant’s proprietorship.

 

B. Fee. The fee charged by the City to an applicant for the costs of investigation shall be established by the Council. The applicant will be notified of the investigation fee prior to the Council’s consideration of the license application. The investigation fee is payable upon terms established by the City Administrator.

 

Subd. 10. Public Hearing. A pawnbroker or secondhand goods dealer license will not be issued or renewed without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by at least ten days published notice specifying the location of the proposed licensed business premises.

 

Subd. 11.  Granting of License. After review of the license application, investigation report and public hearing, the Council may grant or refuse the application for a new or renewed pawnbroker or secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the City Administrator’s office.

 

Subd. 12. Persons Ineligible for License. A secondhand goods dealer license will not be issued to:

 

A. A person not a citizen of the United States or a resident alien.

 

B. A person under 18 years of age.

 

C. Subject to the provisions of law, a person who within five years of the license application date has been convicted of receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, damage or trespass to property, or any law or City Code provision regulating the business of pawnbroker or secondhand goods dealer.

 

D. A person who within five years of the license application date had a pawnbroker or secondhand goods dealer license revoked.

 

E. When the Council determines, after investigation and public hearing, that issuance or renewal of the license would adversely affect the public health, safety or welfare.

 

Subd. 12.1. Partnerships or Corporations Ineligible for License. Partnerships, whose partners include any of the above ineligible persons, or corporations whose officers or board members include any of the above ineligible persons shall not be eligible for a secondhand goods dealer’s license.

 

Subd. 12.2 Changes in Ownership. Any change, directly or beneficially, in the ownership of any licensed pawnshop shall require the application for a new license and the new owner must satisfy all current eligibility requirements.

 

Subd. 13. Places Ineligible for License. A license will not be issued or renewed under this Section for any place or for any business:

 

A. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee’s business premises are delinquent and unpaid.

 

B. If the premises is located within 300 feet of a school or church.

 

C. Where operation of a licensed premises would violate the zoning provisions of the City Code.

 

D. Where the applicant’s present license was issued conditioned upon the applicant making specified improvements to the licensed premises or the property of the licensed premises which improvements have not been completed.

 

Subd. 14. Conditional Licenses. The Council may grant an application for a new or renewed secondhand goods dealer license conditioned upon the applicant making reasonable improvements to the proposed business premises or the property upon which the business premises is situated. Such improvements shall be required by City Zoning or Building Code requirements, or other improvements related to the health, safety, welfare, or police power functions. The Council, in granting a conditional license, will specify when the modifications must be completed. Failure to comply with the conditions of the license is grounds for the Council to refuse to renew the license.

 

Subd. 15. License Limitations. A license will be issued to the applicant only, and only for the business premises as described in the application. The license is effective only for the premises specified in the approved license application, and may not be transferred to any other person, partnership, corporation, or premises.

 

Subd. 16. Term; Expiration; Pro Rata Fee. The license is issued for a period of one year beginning on January 1 except that if the application is made during the license year a license may be issued for the remainder of the license year for a monthly pro rata fee. An unexpired fraction of a month will be counted as a complete month. The license expires on December 31.

 

Subd. 17. Refunds. The City Clerk will refund a pro rata share of the license fee for a license to the licensee or the licensee’s estate if:

 

A. The business ceases to operate because of destruction or damage.

 

B. The licensee dies.

 

C. The business ceases to be lawful for a reason other than a license revocation.

 

D. The licensee ceases to carry on the licensed business under the license.

 

Subd. 18. Death of the Licensee. In the case of death of a licensee, the personal representative of the licensee may continue operation of the business for not more than 90 days after the licensee’s death.

 

Subd. 19. Records. A licensed secondhand goods dealer, at the time of receipt of an item, must immediately record, in ink or other indelible medium in a book or word processing unit, the following information:

 

A. An accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item.

 

B. The amount advanced or paid.

 

C. Date, time and place of receipt.

 

D. The full name, residence address, residence telephone number and date of birth of a pledgor or seller.

 

E. The identification number and state of issue from one of from one of the following forms of identification of the seller:

(1) Current valid Minnesota driver’s license.
(2) Current valid Minnesota I.D. card.
(3) Current valid photo identification card issued by another state or a province of Canada.

 

F. Description of the pledgor, including approximate height, sex, and race.

 

G. The maturity date of the pawn transaction and the amount due.

 

H. Monthly and annual interest rates, including all pawn fees and charges.

 

I. The pawnbroker shall maintain on the premises a record of all transactions of pledged or purchased goods for a period of three years. This record shall be a correct copy of the entries made of the pawn transactions. The books, as well as the goods received, must be open for inspection by the appropriate law enforcement agency at all reasonable times.

 

Subd. 20. Daily Reports. For the following items, regardless of resale price, a secondhand goods dealer or pawnbroker shall make out, on forms approved by the Chief of Police, and send daily by mail to the Police Department, a legible description of the goods received during the preceding day, together with the time received and a description of the person from whom the goods were received:

 

A. Items with a serial number identification, or “operation identification” symbol;
B. Cameras;
C. Electronic audio or video equipment;
D. Precious jewelry or gems, and precious metals;
E. Artist-signed or artist-attributed works of art;
F. Guns and firearms.

Subd. 20.1. Other Daily Reports. A similar Daily Report shall be filed for any other item which the secondhand goods dealer intends to sell for more than $200.00, except for furniture and kitchen or laundry appliances which shall not require a daily report regardless of resale price.

 

Subd. 21. Stolen Goods. A licensed pawnbroker or secondhand goods dealer must report immediately to the Police Department any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost.

 

Subd. 22. Holding. An item received by a secondhand goods dealer, for which a report to the Police Department is required, may not be sold or otherwise transferred for a period of 30 days after the date of such report to the Police Department. The Police Department may waive, in writing, any part of the 30 day holding period at its discretion, but the redemption period may not be so waived.

 

Subd. 23. Permitted Charges.

 

A. A pawn broker may contract for and receive a pawnshop charge not to exceed three percent per month of the principal amount advanced in the pawn transaction plus a reasonable fee for storage and services. A fee for storage and services may not exceed $20 if the property is not in the possession of the pawnbroker.

 

B. The pawnshop charge allowed under Subd. 23(A) shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. However, if full payment is made more than two weeks before the next succeeding date, the pawnbroker shall remit one-half of the pawnshop charge for that month to the pledgor.

 

C. Interest shall not be deducted in advance, nor shall any loan be divided or split as to yield greater interest or fees than would be permitted upon a single, consolidated loan or for otherwise evading any provisions of this Section.

 

D. Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permitted under this Section, shall be uncollectible and the pawn transaction shall be void.

 

E. A schedule of charges permitted by this Section shall be posted on the pawnshop premises in a place clearly visible to the general public.

 

Subd. 24. Police Orders. If an authorized law enforcement agency notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premises until authorized to be released by the appropriate law enforcement agency. Such release shall be requested by the licensee, and must be approved or denied by the law enforcement agency

 

Subd. 25. Weapons. A licensed secondhand goods dealer may not accept for consignment or sale any revolver, pistol, sawed‑off shotgun, automatic rifle, blackjack, switchblade, knife, or other similar weapons or firearms, unless the licensee is in possession of a current valid Federal firearms license or Federal firearms pawnbrokers license. This Subdivision is not intended to restrict the legitimate retailing of firearms under a Federal firearms license.
Subd. 26. Prohibited Acts. It is unlawful for any:

 

A. Minor to sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer. It is also unlawful for any secondhand goods dealer to receive goods from a minor.

B. Secondhand goods dealer to receive any goods from a person of unsound mind or an intoxicated person.

 

C. Secondhand goods dealer to receive goods unless the seller presents identification in the form of a driver’s license or other pictured identification.

 

D. Secondhand goods dealer to falsify, obliterate, destroy, remove from the place of business the records, books, or accounts relating to the licensee’s transaction.

 

Subd. 27. License Denial, Suspension, or Revocation.  A secondhand good dealer license under this Section may be denied, suspended, or revoked by the Council after a public hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons:

 

A. The operation of the business is in conflict with any provision of the City Code.

 

B. The operation of the business is in conflict with any health, building, building maintenance, zoning, or any other provision of the City Code or other law.

 

C. The licensee or the business premises fails to conform with the standards for license application contained in this Section.

 

D. The licensee has failed to comply with one or more provisions of this Section or any statute, rule or City Code provision pertaining to the businesses of pawnbroker or secondhand goods dealer.

 

E. Fraud, misrepresentation or bribery in securing a license.

 

F. Fraud, misrepresentation or false statements made in the course of the applicant’s business.

 

G. Subject to the provisions of law, violation within the preceding five years of any State or Federal law relating to theft, damage, or trespass to property, sale of a controlled substance or stolen goods, or operation of a business.

 

Subd. 28. Payments by Check. When a secondhand goods dealer buys or otherwise receives an item at the licensed place of business, payment must be made by check made payable to the named payee who is the actual intended seller. This Section does not apply to pawnbrokers.

 

Subd. 29. Inspections. A peace officer or any properly designated employee of the City, the County or the State of Minnesota may enter, inspect and search business premises licensed under this Section during business hours, without a warrant.

 

Subd. 30. County License. Secondhand goods dealers dealing in precious metals and gems must be licensed by Wright County, as required by Minnesota Statutes 325F.73.
Source: Ordinance No. 9, Series V
Effective Date: 1-15-98

 

Subd. 31. Applicability. The licenses required by this Section shall be applied for within thirty days of the effective date of this Section. Said licenses shall be obtained within sixty days of the effective date of this section. If said licenses are not obtained within the sixty day period, the designated business shall cease operating within the City, unless the Council extends the time for issuance of the license. All other provisions of this Chapter shall be effective and complied with within sixty (60) days after the effective date of this Section.

 

Source: Ordinance No. 67 Series V
Effective Date: 4-26-2007

 

 

 

SEC. 6.40.1 AUTOMATED PAWN SYSTEM

SEC. 6.40.1     AUTOMATED PAWN SYSTEM

Subd. 1. Purposes.

The city council finds that use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly.  They city council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers.  The city council further finds that the pawn industry has outgrown the city’s current ability to effectively identify criminal activity related to pawn shops.  The purpose of this chapter is to prevent paw business from being used as facilities for the commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the pubic health, safety and general welfare of the citizens of the city.

To help the police department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this chapter also implements and establishes the required use of the automated pawn system (APS).

 

Subd. 2 Definitions.

When used in this division, the following words shall mean:

 

Billable transaction Every reportable transaction conducted by a pawnbroker is a billable transaction, except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee’s possession, voided transactions and confiscations.

 

Pawnbroker. Any natural person, partnership or corporation, either as principal or agent or employee thereof, 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.  To the extent that a pawnbroker’s business includes buyer personal property previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable.

 

(1) Exemptions to “Pawnbroker”: Any bank regulated by the State of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates to those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the

Department of Commerce.

 

Reportable transaction. Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software, or an item is confiscated by law enforcement, is reportable except:

 

(A) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which described each item, and must mark each item in a manner which relates it to that transaction record.

 

(B) Retail and wholesale sales of merchandise originally received by pawn or purchase and for which all applicable hold and/or redemption periods have expired.

 

Subd. 3. License.

(A)  Required.  No person shall engage in or carry on the business of pawnbroker without first obtaining a license to carry on such business in compliance with the provisions of this section.

(B)  Application required.

(1)  (Contents.)  An application form provided by the city clerk’s office must be completed by every applicant for a new license or for renewal of an existing license.  Every new applicant must provide all the following information.

a.  If the applicant is a natural person:

1.  The name, place and date of birth, street residence address and telephone number of the applicant.

2.  Whether the applicant is a citizen of the United States or resident alien.

3.  Whether the applicant has ever used or has been known by a name other than the applicant’s name and, if so, the name or names used and information concerning dates and places used.

4.  The name of the business, if it is to be conducted under a designated name, or style other than the name of the applicant and a certified copy of the certificate as required by M.S.A. § 333.01.

5.  The street address at which the applicant has lived during the preceding five years.

6.  The type, name and location of every business or corporation which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the preceding five (5) years.

7.  Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a traffic ordinance.  If so, the applicant must furnish information as to the time, place and offense of all such convictions.

8.  The physical description of the applicant.

9.  Applicant’s current personal financial statement and true copies of the applicant’s federal and state tax returns for the two (2) years prior to application.

10.  If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in 1 through 8 of subdivision (B)(1)a. of this section.

b.  If the applicant is a partnership:

1.  The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subdivision (b)(1)a. of this section.

2.  The name(s) of the managing partner(s) and the interest of each partner in the licensed business.

3.  A true copy of the partnership agreement shall be submitted with the application.  If the partnership is required to file a certificate as to a trade name pursuant to M.S.A. § 333.01, a certified copy of such certificate must be attached to the application.

4.  A true copy of the federal and stat tax returns for partnership for the two (2) years prior to application.

5.  If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in 1 through 8 of subdivision (b)(1)a. of this section.

c.  If the applicant is a corporation or other organization.

1.  The name of the corporation or business form and, if incorporated, the state of the incorporation.

2.  A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws shall be attached to the application.  If the application is a foreign corporation, a Certificate of Authority as required by M.S.A. § 303.06, must be attached.

3.  The name of manager(s) or the person(s) in charge of the business and all information concerning each manager, proprietor or agent required in a through h of subdivision (b)(1)a. of this section.

4.  A list of all persons who control or own an interest in excess of five percent in such organization or business form or who are officers of the corporation or business form and all information concerning said persons required in subdivision (b)(1)a. above.  This subdivision (b)(1)c.4., however, shall not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it.

d.  For all applicants:

1.  Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit.

2.  Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer or secondhand dealer license from any other governmental unit.

3.  The location of the business premises.

4.  If the applicant does not own the business premises, a true and complete copy of the executed lease.

5.  The legal description of the premises to be licensed.

6.  Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid.

7.  Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed.

8.  Such other information as the city council or issuing authority may require, including but not limited to information required under Sec. 6.40(8).

(2)  New manager.  When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate application within fourteen (14) days.  The application must include all appropriate information required in this section.

a.  Upon completion of an investigation of a new manager, the licensee must pay an amount equal to the cost of the investigation to assure compliance with this chapter.  If the investigation process is conducted solely within the State of Minnesota, the fee shall be five hundred dollars ($500.00).  If the investigation is conducted outside the state of Minnesota, the issuing authority may recover the actual investigation costs no exceeding ten thousand dollars ($10,000.00).

(3)  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 natural person, 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.

(4)  Investigation.  The police department must investigate into the truthfulness of the statements set forth in the application and shall endorse the findings thereon.  The applicant must furnish to the police department such evidence as the inspector may reasonably require in support of the statements set forth in the application.

(5)  Public Hearing. A pawnbroker license will not be issued or renewed without a public hearing.  Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing.  The public hearing must be preceded by at least ten days published notice specifying the location of the proposed licensed business premises.

(6)  Persons ineligible for a license.  No licenses under this chapter will be issued to an applicant who is a natural person, 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:

a.  Is a minor at the time that the application is filed;

b.  Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S.A. § 364.03, Subd. 2 and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by M.S.A. § 364.03, Subd. 3 or;

c.  Is not of good moral character or repute.

(C)  Bond required.  Before a license will be issued, every applicant must submit a two thousand dollar ($2,000.00) bond on the forms provided by the licensing authority.  All bands must be conditioned that the principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which have come into the principal’s business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person.  The bond shall contain a provision that no bond may be canceled except upon thirty (30) days written notice to the city, which shall be served upon the licensing authority.

(D)  Fees.

(1)  The annual license fee for licenses issued under this division shall be one hundred fifty dollars ($150.00).

(2)  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, annually.  Licensees shall be notified in writing thirty (30) days before any adjustment is implemented.

(3)  Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days.  Failure to do so is a violation of this chapter.

(E)  Expiration.  The license year shall terminate on December 31 next succeeding the date of issuance of such license.

 

Subd. 4. Records required.

(A)  At the time of any reportable transaction other than renewals, extensions, redemptions or confiscations, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the police department.

(1)  A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identification mark on such an item.

(2)  The purchase price, amount of money loaned upon or pledged therefore.

(3)  The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges.

(4)  Date, time and place the item of property was received by the licensee and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee’s records.

(5)  Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of property was received, including: sex, height, weight, race, color of eyes and color of hair.

(6)  The identification number and state of issue from any of the following forms of identification of the seller:

a.  Current valid Minnesota driver’s license.

b.  Current valid Minnesota identification card.

c.  Current valid photo identification card issued by another state or province of Canada.

(7) The signature of the person identified in the transaction.

(8)  Effective sixty (60) days from the date of notification by the police department of acceptable video standards, the licensee must also take a color photograph or color video record of:

a.  Each customer involved in a billable transaction.

b.  Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.

If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate.  Such photographs must be available to the chief of police of the chief’s designee, upon request.  The major portion of the photograph must include an identifiable facial image of the person who pawned or sold the item.  Items photographed must be accurately depicted.  The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place on the premises.  If a video photograph is taken, the video camera must focus on the person pawning or selling the item so as to include an identifiable image of that person’s face.  Items photographed by video must be accurately depicted.  Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate.  The licensee must inform the person that he or she is being videotaped by displaying a sign of sufficient size in a conspicuous place on the premises.  The licensee must keep the exposed videotape for three (3) months.

(9)  Digitized photographs.  Effective sixty (60) days from the date of notification by the police department, licensees must fulfill the color photograph requirements in Subd 4(8) by submitting them as digital images, in a formatted specified by the issuing authority, electronically cross referenced to the reportable transaction they are associated with.  Notwithstanding the digital images may be captured from required video recordings, this provision does not alter or amend the requirements in subsection (8).

(10)  Renewals, extensions, redemptions and confiscations.  For renewals, extensions, redemptions and confiscations, the licensee shall provide the original transaction identifier, the date of the current transaction and the type of transaction.

(11)  Inspection of records.  The records must at all reasonable times be open to inspection by the police department or department of licenses and consumer services.  Data entries shall be retained for at lease three (3) years from the date of transaction.  Entries of required digital images shall be retained a minimum of ninety (90) days.

 

Subd. 5. Daily reports to police department.

 

(A)  Effective no later than sixty (60) days after the police department provides licensees with the current version of the automated pawn system interchange file specification; licensees must submit every reportable transaction to the police department daily in the following manner:

(1)  Licensees must provide to the police department all reportable transaction information by transferring it from their computer to the automated pawn system via modem using the current version of the automated pawn system interchange file specification.  All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority.  Any transaction that does not meet the automated pawn system interchange file specification must be corrected and resubmitted the next business day.  The licensee must display a sign of sufficient size, in a conspicuous place on the premises, which informs patrons that all transactions are reported to the police department daily.

(B)  Billable transaction fees.  Licensees will be charged for each billable transaction reported to the police department.

(1)  If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the police department, upon request, printed copies of all reportable transactions along with the video tape(s) for that date, by noon the next business day;

(2)  If the problem is determined to be in the licensee’s system and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as detailed in Subd. 5(B)(1) and shall be charged a $.00 (reserved for future consideration) reporting failure penalty, daily, until the error is corrected; or

(3)  If the problem is determined to be outside the licensee’s system, the licensee must continue to provide the required reports in Subd. 5(A)(1) and resubmit all such transactions via modem when the error is corrected.

(4)  If a licensee is unable to capture, digitize or transmit the photographs required in Subd. 4(9), the licensee must immediately take all required photographs with a still camera, cross reference the photographs to the correct transaction and make the pictures available to the police department upon request.

(5)  Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.

(6)  Subd. 5(B)(1) through (3) notwithstanding, the police department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.

 

Subd. 6. Receipt to be issued.

 

(A)  Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years.  The receipt must include at least the following information:

(1)  The name, address and telephone number of the licensed business.

(2)  The date and time the item was received by the licensee.

(3)  Whether the item was pawned or sold or the nature of the transaction.

(4)  An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name or other identifying mark on such an item.

(5)  The signature or unique identifier of the licensee or employee who conducted the transaction.

(6)  The amount advanced or paid.

(7)  The monthly and annual interest rates, including all pawn fees and charges.

(8)  The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item on that date.

(9)  The full name, current residence address, current residence telephone number and date of birth of the pledger or seller.

(10)  The identification number and state of issue from any of the following forms of identification of the seller:

a.  Current valid Minnesota driver’s license; or

b.  Current valid Minnesota identification card.

c.  Current valid photo identification card issued by another state or province of Canada.

(11)  Description of the pledger or seller, including approximate height and weight, sex, race, color of eyes and color of hair.

(12)  The signature of the pledger or seller.

(13)  The statement that “any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods.”
(14) The statement that “the pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item.”
(15) The statement that “this item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record.”
(16) A blank line for the pledgor’s signature.
(17) The pledgor or seller shall sign a pawn ticket and receive an exact copy of the pawn ticket.

(18) All printed statements as required by M.S.A. § 325J.04, Subdivision2 or any other applicable statues.

 

Subd. 7.  Redemption period.

Any person pledging, pawning or depositing an item for security must have a minimum of ninety (90) days from the date of that transaction to redeem the item before it may be forfeited and sole.  During the ninety-day holding period, items may not be removed from the licensed location except as provided in Subd. 13.  Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt is issued, or to any person identified 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 by the chief of police of chief’s designee.  Written authorization for release of the property to persons other than the original pledger must be maintained along with the original transaction record in accordance with section Subd. 4.

 

Subd. 8. Effect of Nonredemption
(A) A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within 90 days of the date of the pawn transaction, renewal, or extension shall automatically be forfeited to the pawnbroker, and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker.
(B) The pawnbroker’s right, title, and interest in the pledged goods under subsection (A) above is qualified only by the pledgor’s right, while the pledged goods remain in possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date of redemption.
(C) The pawn transaction that involves holding only the title to property is subject to Minn. Stat. Ch. 168A or 336.

 

Subd. 9. Required holding period.

Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction.  An individual may redeem an item seventy-two (72) hours after the item was received on deposit, excluding Sundays and legal holidays.

 

Subd. 10. Risk of Loss. Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event that goods are lost or damaged while in the possession of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or any civil action.

 

Subd. 11. Police order to hold property.

(A)  Investigative hold.  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.  The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for 30 days from the date of initial notification, or until the investigative order is cancelled, or until an order to hold/confiscate is issued, pursuant to subsection (b), whichever comes first.

(B)  Order to hold.  Whenever the chief of police, or the chief’s designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licenses premises until authorized to be released by the chief of police or the chief’s designee.  The order to hold shall expire ninety (90) days from the date it is placed, unless the chief of police, or the chief’s designee, determines the hold is still necessary and notifies the licensee in writing.

(C)  Order to confiscate.  If an item is identified as stolen or evidence in a criminal case, the chief of police or the chief’s designee may:

(1)  Physically confiscate and remove it from the shop pursuant to a written order from the chief of police or the chief’s designee; or

(2)  Place the item on hold or extend the hold as provided in subsection (b) and leave it in the shop.

When an item is confiscated, the person doing so shall provide identification upon request of the licensee and shall provide the licensee with the name and telephone number of the confiscating agency and investigator and the case number related to the confiscation.

When an order to hold/confiscate is no longer necessary, the chief of police or chief’s designee shall so notify the licensee.
Subd. 12. Miscellaneous Requirements.

(A) Inspection of items.  At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all offsite storage facilities as authorized in Subd. 13, during normal business hours, except in an emergency, for the purposes of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws.

(B)  Label required.  Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction.  Permanently recorded on this label must be the number or name that identifies the transaction in the shop’s records, the transaction date, the name of the item and the description or model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable.  Labels shall not be reused.

 

Subd. 13. Motor Vehicle Title Pawn Transactions. In addition to the other requirements of this Section, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall:
(A) Be licensed as a used motor vehicle dealer under Minn. Stat. § 168.27, and post such license on the pawnshop premises.
(B) Verify that there are no liens or encumbrances against the motor vehicle with the Minnesota Department of Public Safety.
(C) Verify that the pledgor has automobile insurance on the motor vehicle, as required by law.
(D) Not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle.

 

Subd. 14. Prohibited acts.

 

(A)  No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of eighteen (18) years.

(B)  No licensee may receive any goods from a person of unsound mind or an intoxicated person.

(C)  No licensee may receive any goods, unless the seller presents identification in the form of a valid driver’s license, a valid state of Minnesota identification card, or current valid driver’s license or identification card issued by the state or providence of residency of the person from whom the item was received.

(D)  No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed.

(E)  No person may pawn, pledge, sell consign, leave or deposit any articles of property not their own; nor shall nay person pawn, pledge, sell, consign, leave or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave or deposit any article of property in which another has a security interest; with any licensee.

(F)  No Pawnbroker may make any agreement requiring the personal liability of a pledgor or seller, or waiving any provision of this Section, or providing for a maturity date less than one month after the date of the pawn transaction.
(G)  No Pawnbroker may fail to return pledged goods to a pledgor or seller, or provide compensation upon full payment of the full amount due the pawnbroker unless either the date of redemption is more than 30 days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged good, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency.
(H) No Pawnbroker may sell or lease, or agree to sell or lease, pledged or purchased goods back to pledgor or seller in the same, or related, transaction.
(I)  No Pawnbroker may sell or otherwise charge for insurance in connection with the pawn transaction.
(J)  No Pawnbroker may remove pledged goods from the pawnshop premises or other storage place approved by the City at any time before unredeemed, pledged goods are sold following nonredemption.

(K)  No person seeking to pawn, pledge, sell, consign, leave or deposit any article of property with any 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 or altered identification or the identification of another; to any licensee.

 

Subd. 15.  Places Ineligible for License.

A license will not be issued or renewed under this Section for any place or for any business:
(A) If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee’s business premises are delinquent and unpaid;
(B) If the premises is located within 300 feet of a school or church;
(C) Where operation of a licensed premises would violate the zoning provisions of the City Code; or,
(D) Where the applicant’s present license was issued conditioned upon the applicant making specified improvements to the licensed premises or the property of the licensed premises which improvements have not been completed.
Subd. 16. Conditional Licenses. The Council may grant an application for a new or renewed pawnbroker or secondhand goods dealer license conditioned upon the applicant making reasonable improvements to the proposed business premises or the property upon which the business premises is situated. Such improvements shall be required by City Zoning or Building Code requirements, or other improvements related to the health, safety, welfare, or police power functions. The Council, in granting a conditional license, will specify when the modifications must be completed. Failure to comply with the conditions of the license is grounds for the Council to refuse to renew the license.

 

Subd. 17.  Denial, suspension or revocation of licenses issued under this division.

(A) Any license under this chapter may be denied, suspended or revoked for one or more of the following reasons:

(1)  The proposed use does not comply with any health, building maintenance or other provisions of this Code of Ordinance or state law.

(2)  The applicant or licensee has failed to comply with one or more provisions of this chapter.

(3)  The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information.

(4)  Fraud, misrepresentation or bribery in securing or renewing the license.

(5)  Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant’s business.

(6)  Violation within the preceding five (5) years of any law relating to theft, damage or trespass to property, sale of a controlled substance or operating of a business.

(7)  The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter.

 

Subd. 18. One business location.

A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license.  However, upon written request, the chief of police or chief’s designee may approve an offsite locked and secured storage facility.  The licensee shall permit inspection of the facility in accordance with Subd. 10(1).  All provisions of this chapter regarding recordkeeping and reporting apply to the facility and its contents.  Property shall be stored in compliance with all provisions of the city code.  The licensee must either own the building in which the business is conducted, and any approved offsite storage facility, or have a lease on the business premises that extends for more than six (6) months.

 

Subd. 19. License Limitations. A license will be issued to the applicant only, and only for the business premises as described in the application. The license is effective only for the premises specified in the approved license application, and may not be transferred to any other person, partnership, corporation, or premises.
Subd. 20. Term; Expiration; Pro Rata Fee. The license is issued for a period of one year beginning on January 1 except that if the application is made during the license year a license may be

issued for the remainder of the license year for a monthly pro rata fee. An unexpired fraction of a month will be counted as a complete month. The license expires on December 31.
Subd. 21. Refunds. The City Clerk will refund a pro rata share of the license fee for a license to the licensee or the licensee’s estate if:
(A) The business ceases to operate because of destruction or damage;
(B) The licensee dies;
(C) The business ceases to be lawful for a reason other than a license revocation; or,
(D) The licensee ceases to carry on the licensed business under the license.
Subd. 22. Death of the Licensee. In the case of death of a licensee, the personal representative of the licensee may continue operation of the business for not more than 90 days after the licensee’s death.

Subd. 23. Stolen Goods. A licensed pawnbroker must report immediately to the Police Department any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost.

 

Subd. 24. Weapons. A licensed pawnbroker may not receive as a pledge or otherwise accept for consignment or sale any revolver, pistol, sawed‑off shotgun, automatic rifle, blackjack, switchblade, knife, or other similar weapons or firearms, unless the licensee is in possession of a current valid Federal firearms license or Federal firearms pawnbrokers license. This Subdivision is not intended to restrict the legitimate retailing of firearms under a Federal firearms license.

Subd. 25. Inspections. A peace officer or any properly designated employee of the City, the County or the State of Minnesota may enter, inspect and search business premises licensed under this Section during business hours, without a warrant.

 

Subd. 26. County License. Pawnbrokers dealing in precious metals and gems must be licensed by Wright County, as required by Minnesota Statutes 325F.73.

Source: Ordinance No. 9, Series V

Effective Date: 1-15-98

 

Subd. 27. Applicability. The licenses required by this Section shall be applied for within thirty days of the effective date of this Section. Said licenses shall be obtained within sixty days of the effective date of this section. If said licenses are not obtained within the sixty day period, the designated business shall cease operating within the City, unless the Council extends the time for issuance of the license. All other provisions of this Chapter shall be effective and complied with within sixty days after the effective date of this Section.

 

Subd. 28.  Effective date.

This division shall be effective from and after the latter of the following dates:

(A) Sixty (60) days after its adoption and second publication; or

(B) April 1, 2006.

 

Source:  Ordinance 67, Series V

 

 

 

 

 

SEC. 6.41. SALES OF CERTAIN TYPES

SEC. 6.41. SALES OF CERTAIN TYPES.

Subd. l. Definitions. The following terms, as used in this Section, shall have the meanings stated:

1. “Damaged goods sale” means offering for sale to the public all or part of the regular inventory of an established business, which inventory has been damaged or altered by fire, smoke, water or other casualty.

2. “Moving or permanently terminating business sale” means offering for sale to the public all or part of the regular inventory of an established business which is either moving from one location in the City to another location in the City, moving out of the City, or permanently terminating business, whether such termination is voluntary or involuntary on the part of the owner.

3. “Temporary sale” means a sale other than a damaged goods or a moving or permanently terminating business sale on premises neither owned by the applicant nor leased for a period of at least six (6) months.

4. “Regular inventory” means any goods, wares or merchandise which was the stock-in-trade of the established business before the sale. The term does not include goods, wares or merchandise purchased, imported or offered for the first time at the sale.

5. “Established business” means a retail establishment in the City which offers for sale goods, wares or merchandise of the same or related kind(s) to the public at a fixed location.

6. “Fixed location” means an immobile, non-transient, permanent location upon real estate in the City which is either owned by the established business or its owner or leased on a month-to- month term, or leased on a term-certain lease for a period longer than thirty (30) days.

7. “Sale” or “Offering for sale” means any manner of transferring or attempting to transfer title to goods, wares or merchandise, whether by auction or otherwise. Provided, however, that the term does not apply to the sale or attempted sale of the household goods or similar property used around the home or person of the owner, by the owner, the owner’s legal representative, heirs-at- law or devisees, on residential property by auction or other means.

Subd. 2. License Required. It is unlawful for any person to conduct a damaged goods, temporary sale, or moving or permanently terminating business sale without a license therefor from the City.

Subd. 3. Eligible Applicants and Exceptions.

A. No license shall be granted to a person who has not been the owner of the business owning the goods, and conducting the sale, for at least six (6) months prior to the date of application, provided, that this Subparagraph shall not apply to heirs, devisees, legatees or personal representatives of the owner.

B. No license shall be granted at the same location within the period of two (2) years.

C. No license shall be granted to a person who has been convicted of violating any provisions of this Section within five (5) years prior to the application.

D. The provisions of this Subdivision shall not apply to sales made by public officials in the performance of their duties or by persons acting pursuant to a Court order or legal process.

Subd. 4. Inventory. The application for a sale license shall be accompanied by a detailed inventory of the goods to be sold, and the license shall authorize sale of only such goods.

Subd. 5. License Period. Any license issued pursuant to this Section shall be for a period not to exceed thirty (30) consecutive business days, provided, that upon good cause being shown the Council may renew such license for an additional period of thirty days.

Subd. 6. Nature of Sale. The license shall authorize only the one type of sale described in the application and at the location described.

Subd. 7. Duties of Licensee. Any licensee under this Section shall:

A. Make no additions whatsoever, during the period of the licensed sale, to the stock of goods set forth in the inventory attached to the application for license.

B. Refrain from employing any untrue, deceptive or misleading advertising.

C. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.

D. Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request.

Subd. 8. Bond. An applicant for a license under this Section may be required, as a condition to being granted a license, to file a corporate surety bond with a penalty in such amount as the Council may, in its sole discretion determine, to protect purchasers at such sale.

Source: Ordinance No. 38, Series III

Effective Date: 2-21-92

SEC. 6.42 TATTOO AND/OR BODY PIERCING ESTABLISHMENTS

SEC. 6.42 TATTOO AND/OR BODY PIERCING ESTABLISHMENTS.

Subd.  1     PURPOSE:  The purpose of this Ordinance is to regulate the business of tattooing and/or body piercing in order to protect the health, safety and welfare of the general public.  The City Council finds that the experience of other cities indicates that there is a connection between tattooing/body piercing, and hepatitis and other health problems.  The City Council finds that the stringent regulations governing tattooing and body piercing can minimize the hepatitis and disease risk, and therefore protect the general health and welfare of the community.

Subd.  2.     DEFINITIONS:  The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise.

   A.    BODY PIERCING:     Penetrating or making a hole in or through the human body to place jewelry or objects of metal or plastic on any area for cosmetic purposes.

   B.     CERTIFICATE OF INSPECTION:  Written approval from the designated City representative that the tattooing and/or body piercing establishment has been inspected and meets all the requirements of the chapter relating to physical facilities, equipment and layout for the operation of the establishment.

   C.     CLEAN:  The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly or extraneous matter.

   D.     EMPLOYEE:  Any person at least eighteen (18) years of age other than an operator who renders any service in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the operator of the business or its patrons.

   E.    GOOD REPAIR:  Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition.

   F.     ISSUING AUTHORITY:  The City Administrator or his/her designee.

G.     OPERATOR:  Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing and/or body piercing is performed and any individual who performs or practices the art of tattooing/body piercing on another person.

   H.     TATTOO, TATTOOING:  Any method of placing designs, letters, scrolls, figures, symbols or any other marks upon, under or in the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments which puncture any portion of the skin to any degree.

Subd. 3.     LICENSE REQUIRED:  No person shall operate any establishment where tattooing and/or body piercing is practiced, nor engage in the practice of tattooing and/or body piercing without being licensed pursuant to this Chapter.  A state licensed physician who engages in the practice of tattooing and/or body piercing shall be exempt from the license requirement.  Jewelry stores and accessory stores that provide exclusively ear piercing services using piercing guns and beauty shops shall be exempt from this license requirement.

Subd. 4.     APPLICATION CONTENT-LICENSE APPLICATION: Every application for a license under this Chapter shall be made on a form supplied by the Issuing Authority and shall request the following information:

   A.    If the applicant is a natural person:

1. The name, place and date of birth, street residence address, and phone number of the applicant.

2. Whether the applicant is a citizen of the United States, a resident alien, or is able to legally be employed in the United States.

3. Whether the applicant has ever used or has been known by name other than the applicant=s name, and if so, the name or names used and information concerning dates and places where used.

4. The name of the business if it is to be conducted under a designating name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01.

5. The street address at which the applicant has lived during the preceding five (5) years.

6. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years, and the name(s) and addresses(s) of theapplican’s employer(s) and partner(s), if any, for the preceding five (5) years.

7. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor.  If so, the applicant shall furnish information as to the time, place and offense for which convictions were had.

B.    If the applicant is a partnership:

1. The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in sub-part A of this section.

2. The name(s) of the managing partner(s) and the interest of each partner in the tattooing establishment.

3. A true copy of the partnership agreement shall be submitted with the application.  If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application.

C.    If the applicant is a corporation or other business:

1. The name of the corporation or business formed, and if incorporated, the state of incorporation.

2. A true copy of the Certificate of Incorporation.  Articles of incorporation or association agreement and bylaws shall be attached to the application.

3. The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in sub-part A of this section.

D.    For all applicants:

1. Whether the applicant holds a current tattooing and/or body piercing license from any other governmental unit.

2. Whether the applicant has previously been denied a tattooing and/or body piercing license from any other governmental unit.

3. The location of the business premises and the legal description thereof.

4. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that is unpaid.

5. Whenever the application is for premises either planned or under construction or undergoing substantial alterations, the application shall be accompanied by a set of preliminary site and building plans, if not already on file with the City, showing the design of the proposed premises to be licensed.

6. Such other information the City Council or the Issuing Authority may require.

Subd.  5.     APPLICATION EXECUTION:  All applications for a license under this Chapter shall be signed and sworn to.  If the application is that of a natural person, it shall 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.

Subd.  6.     APPLICATION VERIFICATION:  All applications shall be referred to the Issuing Authority for verification and investigation of the facts set forth in the application, including any necessary criminal background checks to assure compliance with this Chapter.  The application shall be issued or denied by the Issuing Authority in accordance with Sections four and five of this Chapter.

The City Administrator shall issue a tattoo and/or body piercing establishment permit within thirty (30) days of receipt of the application, unless the Administrator finds that:

   A.    The correct license fee has not been tendered to the City and in the case of a check or bank draft, honored with payment upon presentation.

B.    The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City?s business, zoning and health regulations.

C.    The applicant has knowingly made any false, misleading or fraudulent statement of fact in the application for the permit or in any document required by the City in connection therewith.

D.    The applicant has operated a tattoo establishment and has had a license denied, revoked or suspended for any of the above cases by the City or any other state or local agency within two (2) years prior to the date of the application.

E.    The applicant if an individual, or any of the officers and directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business is not at least the age of twenty-one (21) years.

Subd. 7.     FEES:

A. Application Fee:

1. The application fee shall be set by resolution of the City Council.

2. The license application fee shall be paid in full before the application for a license shall be accepted.  Upon rejection of any application, the license fee shall be refunded in full to the applicant except where rejection is for a willful misstatement in the license application.

Separate application fees shall be paid for establishments providing both tattooing and body piercing services.

B.     Investigation Fee: An applicant for any license under this Chapter shall pay the City at the time an original application is submitted, a non-refundable fee at a rate set by City Council resolution to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this Chapter.

In the event an establishment is adding more than one service at a different time, an additional investigation fee shall be paid for investigation needed to assure compliance with this Chapter.

C.     License Fee:

1.     Separate license fees shall be paid for each process of tattooing and body piercing service.  This fee shall be paid annually and is set by Council resolution.

2.    The annual license fee shall be set by City Council resolution.

Subd.  8.     PERSONS INELIGIBLE FOR LICENSE:

A.    No license under this Chapter shall be issued to an applicant who is a natural person if such applicant:

1. Is a minor at the time the application is filed.

2. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03, Subd. 3.

3. Is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States.

4. Is not of good moral character or repute.

B.    No license under this Chapter shall be issued to a partnership if such partnership has any general partner or managing partner:

1. Who is a minor at the time the application is filed.

2. Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupations prescribed by Minnesota Statutes, Section 364.03, Subd. 3.

3. Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States.

4. Is not of good moral character or repute.

C.    No license under this Chapter shall be issued to a corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business to be licensed:

1. Who is a minor at the time the application is filed.

2. Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03, Subd. 3.

3. Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States.

4. Is not of good moral character or repute.

Subd. 9.     LOCATIONS INELIGIBLE FOR A LICENSE:  The following locations shall be ineligible for a license under this Chapter.

A.     Taxes Due on Property.  No license shall be granted or renewed for operation on any property on which taxes, assessments, or the financial claims of the state, county, school district, or city are due, delinquent, or unpaid.  In the event a suit has been commenced under Minnesota Statutes, Section 278.01-278.03, questioning the amount of validity or taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due.

B.     Improper Zoning.  No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal non-conforming use for tattooing and/or body piercing establishments under Chapter 11 of this Code.

C.     Premises Licensed for Alcoholic Beverages.  No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages pursuant to Chapter 5 of this Code or is licensed as a sexually-oriented business pursuant to Chapter 6 of this Code.

Subd.  10.     GENERAL LICENSE REQUIREMENTS:

A.     Tattoos and Body Piercing on Minors.  No person shall tattoo any person under the age of eighteen (18) except in the presence of, and with the written permission of, the parent or legal guardian of such minor.  The consent must include both the custodial and non-custodial parents, where applicable.

B.     Prohibition on License Transfer.  The license granted under this Chapter is for the operator and the premises named on the approved license application.  No transfer of a license shall be permitted from place-to-place or from person-to-person without first complying with the requirements of an original application, except in the case in which an existing non-corporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment.

C.     Hours of Operation.  A licensee under this Chapter shall not be open for business for tattooing and/or body piercing before 7:00 AM nor after 11:00 PM.

D.     Licensed Premises.  The tattooing and/or body piercing establishment license are only effective for the compact and contiguous space specified in the approved license application.  If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Issuing Authority.  No person shall engage in the practice of tattooing at any place other than the place or location named or described in the application and license.  A separate room shall be required for body piercing and tattooing services.  The applicant shall submit a drawing to scale of the tattoo/body piercing facilities.

E.     Effect of License Suspension or Revocation.  No person shall solicit business or offer to perform tattooing services while under license suspension or revocation by the City.

F.     Maintenance of Order.  The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order.

G.     Employee Lists.  The licensee shall provide to the Issuing Authority a list of employees including operators who perform tattooing at the licensed establishment and shall verify that each employee has received a copy of Sections 11, 12, and 13.  Each operator shall submit evidence of apprenticeship of at least thirty (30) days under a licensed tattoo artist.

H.     Liability Insurance.     All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered in the tattoo business by a liability insurance policy.  The minimum limits of coverage for such insurance shall be:

1. Each claim, at least two hundred thousand dollars ($200,000).

2. Each group of claims, at least five hundred thousand dollars ($500,000).

Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to terminating or cancellation.  A certificate of insurance shall be filed with the City.

Subd.  11.     HEALTH AND SANITATION REQUIREMENTS:  No person shall engage in the practice of tattooing and/or body piercing at any place in the city without complying with the following regulations:

A.     Lavatory Requirement.     Every place where tattooing and/or body piercing is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons.  The hand lavatory shall be supplied with hot and cold running water under pressure; shall be maintained in good repair at all times; and shall be kept in a clean and sanitary condition.  Toilet fixtures and seats shall be of a sanitary open front design and readily cleanable.  Easily cleanable, covered receptacles shall be provided for waste materials.  Every lavatory facility shall be provided with an adequate supply of hand cleansing compound and single service sanitary towels or hand drying devices.

B.    Skin Infection.     No person having any skin infection or other diseases of the skin shall be tattooed or body pierced.

C.     Sterilization and Disposal of Bio-Hazardous Materials.     All needles, razor blades, sharps or the equipment utilized for penetrating the skin shall be individually pre-packaged, pre-sterilized and disposable.  No such equipment shall be used on more than one customer.  All bio-hazardous waste shall be disposed of in accordance with law, all disposal procedures shall be approved by the Issuing Authority.  Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles, razor blades, sharps or other equipment utilized for penetrating the skin when such sterilizing solutions and methods are approved by the Issuing Authority.

D.    Skin preparation Procedures.     The following procedures shall be used for skin preparation:

1. Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each tattoo and/or body piercing.  Operators with skin infections of the hand shall not perform any tattooing and/or body piercing services.

2. Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable, razor blades shall be used.

3. The skin area to be tattooed and/or body pierced shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the Issuing Authority.  Only single service towels and wipes shall be used in the skin cleaning process.

      E.     Operating Furniture.     All tables, chairs, furniture, or area on which a patron receives a tattoo and/or body pierce shall be covered by single service disposable paper or clean linens, or in the alternative, the table, chair or furniture on which the patron receives a tattoo and/or body pierce shall be impervious to moisture and shall be properly sanitized after each tattoo and/or body pierce.

F.     Towels.     Every operator shall provide single service towels or wipes for each customer or person and such towels or wipes shall be stored and disposed of in a manner acceptable to the issuing authority.

G.     Garments of Operator.     Every operator shall wear clean, washable garments when engaged in the practice of tattooing and/or body piercing.  If garments are contaminated with blood or body fluids, such garment shall be removed and changed.

H.     Pigments.     Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances including mercury.  The pigments used from stock solutions for each customer shall be placed in a single service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with procedures approved by the Issuing Authority.

I.     Jewelry.     Jewelry for the other parts of the body shall be made of implant grade, high-quality stainless steel (300 series), solid 14K or 18K gold, niobium, titanium, platinum, or a dense, low porosity plastic such as monofilament nylon, acrylic, or Lucite.  Ear studs or other jewelry designed for earlobe piercing is not appropriate jewelry for other body parts.  Jewelry shall have no nicks, scratches, or irregular surfaces which might endanger the tissues.

J.     Minimum Floor Space.     There shall be not less than one hundred fifty (150) square feet of floor space at the place where the practice of tattooing and/or body piercing is conducted, and said place shall be so lighted and ventilated as to comply with the standards approved by the Issuing Authority.

K.     Influence of Alcohol and Drugs.     No person shall practice tattooing and/or body piercing while under the influence of alcoholic beverages or elicit drugs.  No customer shall be tattooed and/or body pierced while under the influence of alcoholic beverages or illicit drugs.


  L.     Written Instructions.     The operator shall provide the person tattooed and/or body pierced with printed instructions on the approved care of the tattoo and/or body pierce during the healing process.

M.     Living Quarters.     No place licensed as a tattoo and/or body piercing establishment shall be used or occupied as living or sleeping quarters.

Subd.  12.      SANCTIONS FOR LICENSE VIOLATIONS:

A.    The City Council may revoke the license or suspend the license for a violation of:

1. Any provision of this Chapter or any other local law governing the same activity during the license period.

2. Any criminal law during the license period which adversely affects the ability to honestly, safely, or lawfully conduct a tattooing and/or body piercing business.

   B.    The City Council may, upon ten (10) days written notice to the operator and following a public hearing, revoke the license or suspend the license if the licensee submitted false information or omitted material information in the license process required by this Chapter.

Subd. 13.      PENALTY: A violation of this Chapter shall be a misdemeanor under Minnesota law.

Subd. 14.     SEVERABILITY:     If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter.  The City Council hereby declares that it would have adopted the Chapter in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one of more sections, subsections, sentences, clauses, or phrases be declared invalid.

Source: Ordinance No. 6, Series V

Effective Date: 03-20-97

SEC. 6.43. FOOD TRUCKS AND MOBILE FOOD VENDORS

SEC. 6.43. FOOD TRUCKS AND MOBILE FOOD VENDORS

Subd. 1.  Purpose.  The City of Buffalo will license certain Mobile Food Vendors selling prepared foods out of an approved vehicle.  Applicants for a Food Truck and Mobile Food Vendor License shall be otherwise exempt from the requirements of Section 6.36 of the Buffalo City Code regulating Peddlers, Solicitors, and Transient Merchants.  The purpose of the regulations in this section is to protect the public health, manage potential conflicting uses of the public right of way, and minimize unfair competition with fixed-site prepared food vendors in the community.  Anyone selling food for public consumption in any way that is not in conformity with all of the provisions of this Section shall not be considered a Food Truck or Mobile Food Vendor.

Subd. 2.  Definitions.

  1. A Food Truck or Mobile Food Vendors is, when in conformance with all of the provisions of this Section, a vendor of prepared food from a properly licensed vehicle eligible to operate on public streets, whether such food is prepared in the vehicle or another site, and whether such food is sold while the vehicle is located on a public street or on private property.
  2. Fixed-Site Food Vendor.  For the purposes of this Section, a Fixed-Site Food Vendor is an establishment engaged in the business of selling prepared, ready-to-eat foods to the public at a fixed location and from a permanent building, such as a restaurant, café, or similar establishment.
  3. Commercial Kitchen.  For the purposes of this Section, Commercial Kitchen shall be a facility that is, according to State and County law, equipped and maintained to prepare food for consumption by the general public, but which may or not be a Fixed-Site Food Vendor.
  4. Exempt Vendor.  For the purposes of this Section, an Exempt Vendor is one who meets the requirements of Exemption in Section 6.36, Subd. 4.B. and which vendor shall be similarly exempt from the provisions of this Section.

Subd. 3.  License Required.  No person shall sell or advertise for sale prepared food from a Food Truck or Mobile Food Vehicle within the City of Buffalo without having first received a license under the Section. No more than three (3) Annual Food Truck Licenses shall be issued. Licenses issued shall be effective for one (1) calendar year.  The City may also issue Temporary Food Truck Licenses for specific community events.  Temporary Food Truck Licenses shall be effective for a period of up to three (3) consecutive days.  No person or Food Truck or Mobile Food Vehicle shall be issued more than three (3) Temporary Food Truck Licenses within a calendar year.

Ordinance 97 Series 5
Effective Date: 03-13-2014

Subd. 4.  Requirements for License Eligibility.

  1. State Health Department License Required.  A Person shall not receive a Food Truck or Mobile Food Vendor license under this Section who has not first received a license from the State Health Department authorizing such sales.  Any conditions of the State Health Department shall be incorporated into the license issued under this Section, in addition to any other conditions imposed by the City of Buffalo.
  2. Any applicant for license under this Section may be eligible if such applicant also has a qualifying Commercial Kitchen.
  3. Shall provide all of the information required on the official City application form for Food Truck or Mobile Food Vendor, be in compliance with all requirements as may be specified on the form and in this Section.

Subd. 5.  Operations.

  1. No external signage, other that such signage directly attached to the vehicle, may be utilized.
  2. No external seating may be utilized.
  3. No other equipment may utilized that is not wholly contained within the vehicle.
  4. No sound amplifying equipment, nor video, lights, or noisemakers may be utilized in the operation of the Food Truck or Vehicle.
  5. Any generator in use must be self-contained and fully screened from view.
  6. Operations shall be limited to the number of days indicated on the applicant’s State License, and in no case, shall exceed sixty (60) calendar days per year.
  7. Applicant shall provide waste disposal for litter and garbage generated by the operation of the Food Truck or Vehicle, and shall clean all such litter and garbage before moving from the location.
  8. The Food Truck or Vehicle shall obey the orders of any traffic control officer, peace officer, or inspector, and shall be open to inspection during all open hours.
  9. Vehicle size shall not exceed ten (10) feet in height, nor twenty five (25) feet in length.
  10. Hours of operation shall occur from 9:00 AM and 10:00 PM.
  11. There shall be no overnight parking of food trucks on public right of way.
  12. Eligible licensees shall have a registered business address within a 50 (fifty) mile radius of the City of Buffalo.

Subd. 6.  Location.

  1. A properly licensed Food Truck or Mobile Food Vendor may operate on eligible public streets when occupying no more than two parallel parking spaces.
  2. In no cases, shall a Food Truck or Vehicle operate in a traffic lane, on a sidewalk, or in any location which causes an obstruction to traffic.
  3. No Food Truck or Vehicle may operate on a public street within fifty (50) feet of the intersection of two streets or within thirty (30) feet of the intersection of a public street and private driveway opening.
  4. A Food Truck or Vehicle may occupy up to two (2) spaces within a public parking lot.
  5. A Food Truck or Vehicle may operate within a private parking lot with written permission of the property owner or owner’s authorized representative.
  6. Eligible Public Streets and Public Property:
  7. Division Street, between 1st Avenue W. and 2nd Avenue E.
  8. 1st Street South between Lake Blvd. and 2nd Avenue E.
  9. 1st Street North between 1st Avenue NW and 2nd Avenue NE
  10. 2nd Street Northeast between Central Ave. and 1st 2nd Ave. NE.
  11. 1st Avenue East between Lake Blvd. and 2nd Ave. NE
  12. Any public parking lot within an area bounded by 1st Avenue NW or Lake Blvd. on the west, 2nd Street NW/NE on the north, 2nd Avenue NE/S on the east, and 2nd Street South on the south.
  13. Within the boundaries of the south parking lot serving Sturges Park.
  14. No food truck shall operate within 50 feet of an existing restaurant located within the city.
  15. The City Council, may approve other locations on a temporary basis.

Subd. 7.  Investigation, Approval or Disapproval.

A. The City may conduct such background checks as the city deems necessary and prudent. The following shall be grounds for denying a permit:

1.   Failure of an applicant to truthfully provide any information requested by the City as part of the application process.
2.   Failure of the applicant to pay any required fee.
3.   When an applicant has a bad business reputation. Evidence of a bad business reputation may include prior revocations of any permit or license, prior convictions for violation of any federal or state law or regulation or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the permit is being sought, or prior complaints with the City, Better Business Bureau, state Attorney General, or other similar business or consumer rights office.

Subd. 8.   Suspension or Revocation.

A. Generally. Any permit issued under this section may be suspended or revoked at the discretion of the City for violation of any of the following:

1.   Fraud, misrepresentation or incorrect statements on the application form.
2.   Violation of any provision of this Code section.

B. Notice. Prior to revoking or suspending any permit, the City shall provide the holder with a written notice of the alleged violation. Notice shall be delivered in person or by mail to the address listed on the license application.

C. Public Hearing. Upon receiving the notice provided in part B, the holder shall have the right to request a public hearing in front of the City Council to review the suspension or revocation. If no request for a hearing is received by the City Administrator within ten (10) days following the service of the notice, the revocation or suspension shall be final. For the purpose of mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the time frame, a hearing shall be scheduled at the next available City Council meeting. The Council shall notify the holder of its decision within five (5) business days of the hearing.

D. Emergency. If in the discretion of the City Administrator, imminent harm to the health or safety of the public may occur because of the actions of a permit holder under this Section, the City may immediately suspend the permit or registration and provide notice of the right to a subsequent public hearing as prescribed in part C.

Subd. 9. Transferability. No permit or certificate of registration shall be transferred to any other person other than the person to whom it was issued. Each individual person conducting activities for any organization must obtain a separate permit or certificate of registration.

Source: Ordinance No. 96, Series 5

Effective Date: 11-28-2013

SEC. 6.99. VIOLATION A MISDEMEANOR

SEC. 6.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.

Source: City Code

Effective Date: 10-1-85

Contact Us

We're not around right now. But you can send us an email and we'll get back to you, asap.