2008-02-25 CC Packet Joint PC.A\1bcrtvi11c
S I Uwmn U �&
JOINT CITY COUNCIL
AND
PLANNING & ZONING COMMISSION
MEETING
AGENDA
MONDAY, FEBRUARY 25, 2008
7:00 PM
1. CALL TO ORDER
2. NE QUADRANT COMPREHENSIVE PLAN UPDATE (GREENHAVEN) (pgs.
1-5, plus attachments)
3. PAWN SHOPS AND TATTO PARLOR LICENSING ORDINANCE (pgs. 7-23)
4. OPEN FORUM
5. ADJOURNMENT
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
TO: Larry Kruse
FROM: Alan Brixius
DATE: January 30, 2008
RE: Albertville Comprehensive Plan Amendment
FILE NO: 802
BACKGROUND
In 2007, the City Council looked at a number of land use concepts for the remaining
undeveloped portions of the community. While these were discussed for future land
use consideration, the Comprehensive Plan was not formally amended. With the
development of the Albertville Marketplace plat, sanitary sewer is becoming available to
the northeast corner of the City. The City would like to formalize the land use,
transportation and utility planning for this area of the City. These plans will impact a
number of property owners. As such, the City would like to include a process that
promotes active participation of the area's property owners. The following work
program and budget has been prepared to facilitate the Comprehensive Plan land use
amendment for the northeast corner of Albertville.
I. INVENTORY
Much of the Inventory is readily available due to past work; however, this information
must be refreshed and put into presentation graphics for the neighborhood workshop
meeting. Some of the Inventory work will require the assistance of other City staff. The
City Engineer would be required to provide information on the location, size and
proposed extension of utilities. They would also need to identify the cost of the utility
extension and street improvements.
We would request that public works provide a street condition assessment for
MacKenzie Avenue NE, 59th Street NE, and 58th Street NE. The balance of the
Inventory work can be completed by NAC for an estimated cost of $800.00.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Comp Plan Amend Memo.doc
Agenda Item No. 2.
Meeting Date February 25, 2008
1
City Council and Planning Commission Communication -January 30, 2008
City Planner — NE Quadrant Comprehensive Plan Update
Page 2 of 5
Inventory Work Tasks
Land Use - Identify: Existing Land Uses
Lot Sizes
Proposed Land Uses in Otsego and St. Michael
Existing Zoning
Transportation — Identify: County Roads and County Spacing Guidelines
Northeast Wright County Transportation Plan
Street System Changes and Improvements
St. Michael Transportation Planning to the East
Of Albertville
Existing Street Conditions
Site Access Issues
Utilities — Identify: Location and Size of Existing Sanitary Sewer/Lift Station
Location and Size of Existing Municipal Water
Proposed Utility Extension Routes
Estimated Costs for Extending Utilities
Land Values — Identify: Comparison of Commercial Land Values to Residential
Land Values (County Tax Records)
Environment — Identify: Wetlands
Drainage Patterns
Development Standards for Stormwater
II. PRELIMINARY CONCEPT PLAN
The City has developed a Proposed Land Use Concept Plan through its past work. This
rough concept plan will be modified to reflect recent approvals to the Marketplace
planned unit development and coordinated with the land use planning of the two
adjoining communities.
The City Engineer will be required to provide utility routes. City staff will be consulted to
form an implementation strategy for land use, zoning, utility improvements, and street
improvements. The strategies will be summarized for presentation to the neighborhood.
Estimated cost of revising the Concept Plan and outlining the implementation strategies
is $500.00.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Comp Plan Amend Memo.doc
Agenda Item No. 2.
Meeting Date February 25, 2008
City Council and Planning Commission Communication —January 30, 2008
City Planner — NE Quadrant Comprehensive Plan Update
Page 3 of 5
Preliminary Land Use Concepts Tasks
• Illustrate proposed land use options that include:
• Land use patterns in Albertville and showing the proposed land uses in the
adjoining communities
• Local street patterns with connections into the County highway system
and adjoining communities
• Utility layout — sanitary sewer, water system, stormwater patterns and
standards
• Implementation Strategy
III. NEIGHBORHOOD WORKSHOP
The neighborhood workshop is intended to present the Inventory and Preliminary
Concept Plan to the property owners in northeast Albertville. This presentation must
illustrate how the area fits within the context of Albertville and the adjoining
communities. We must illustrate how the area will be changing over the next 20 years
and solicit comments as to the best way to address these changes. Preparation and
conducting the neighborhood workshop is estimated at $500.00.
Neighborhood Workshop Tasks
Mailed notice to each property owner
Publish notice
Meeting
• Presentation of Inventory information
• Presentation of Preliminary Concept Plan
• Presentation of implementation strategies and cost of utilities and street
improvements
• Determine if a second neighborhood workshop is appropriate
IV. COUNCIL/PLANNING COMMISSION WORKSHOP
Following the neighborhood workshop, staff would bring the Inventory, Concept Plan
and neighborhood comments to the Planning Commission and City Council for review in
a workshop setting, to solicit input on the Concept Plan, and to receive direction for the
formulation of a Comprehensive Plan amendment regarding both the graphic and
narrative recommendations for land use, transportation, and utilities for northeast
Albertville. Estimated cost of workshop meeting is $300.00.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Comp Plan Amend Memo.doc
Agenda Item No. 2.
Meeting Date February 25, 2008
City Council and Planning Commission Communication —January 30, 2008
City Planner — NE Quadrant Comprehensive Plan Update
Page 4 of 5
Council/Planning Workshop Tasks
• Summary of Neighborhood Comments
• Presentation of Inventory
• Presentation of Land Use Concept
• Presentation of Implementation Strategies
V. DRAFT FINAL COMPREHENSIVE PLAN AMENDMENT
After receiving direction from the City Council and Planning Commission, staff will
prepare narrative and graphics of the final Comprehensive Plan amendment. This
amendment must be integrated with the balance of the City's Comprehensive Plan and
define the City's intentions for land use, transportation, and utilities for northeastern
Albertville. Estimated cost for this task is $800.00.
VI. OPTIONAL SECOND NEIGHBORHOOD WORKSHOP
Estimated cost is $300.00
VII. PUBLIC HEARING — PLANNING COMMISSION
• Presentation to Planning Commission
• Public Comment
• Revisions to Plan per Planning Commission Recommendations
Estimated Cost is $200.00
Vill. CITY COUNCIL ACTION
• Draft Resolution for Council Consideration
• Presentation to City Council
Estimated Cost is $200.00
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Comp Plan Amend Memo.doc
Agenda Item No. 2.
Meeting Date February 25, 2008
a]
City Council and Planning Commission Communication —January 30, 2008
City Planner — NE Quadrant Comprehensive Plan Update
BUDGET SUMMARY
Inventory
Preliminary Concept Plan
Neighborhood Workshop
Council/Planning Commission Workshop
Draft Comprehensive Plan Amendment
Optional Second Neighborhood Workshop
Public Hearing
City Council Action
Sub -Total
Contingency 10%
TOTAL
$800
$500
$500
$300
$800
$300
$200
$200
$3,500 $3,800
$350 $380
$3,850 $4,180
Page 5 of 5
The total estimated cost of the aforementioned work program to amend the Albertville
Comprehensive Plan for northeast Albertville will range from $3,850 to $4,180,
depending on the number of neighborhood workshops. This price estimate represents
only NAC's time and does not reflect engineering costs. The contingency covers
mileage, copies and presentation material costs.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Comp Plan Amend Memo.doc
Agenda Item No. 2.
Meeting Date February 25, 2008
5
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Malley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@naeplanning.com
MEMORANDUM
To: Larry Kruse- City Administrator
Albertville City Council
From: Cassie Schumacher-Georgopoulos / Alan Brixius
Date: February 4, 2008
RE: Albertville — Pawn Shops and Tattoo Parlors
NAC File: 163.05 — 07.26
The City Council has directed staff to look into allowed locations of pawn shops and
tattoo parlors within the City of Albertville. Having done so, we present this memo as
findings of our research and recommendation.
Albertville's Zoning Ordinance prohibits pawnshops and tattoo parlors/body piercing
studios in the B-2, Limited Business Districts and B-2A, Special Business District. The
B-4, General Business District permits tattoo parlors/body piercing studios, but does not
specify any allowance of pawnshops. The B-3, Highway Business District does not
specifically allow pawn shops or tattoo parlors, but could come under the general use as
service and/or retail business.
Other communities regulate pawnshops and tattoo parlors through business licensing.
Currently Albertville does not address either of these uses within its Business
Regulations.
The Cities of Buffalo and Monticello both have adopted business licensing requirements
for Tattoo and/or Body Piercing Establishments and Pawnbrokers, Precious Metal
Dealers and Second Hand Dealers. Both licensing types are put in place to help.protect
the public's health, safety and general welfare. As far as pawn shops and shops of
such nature, both communities have adopted the regulations of an Automated Pawn
System (APS). The APS works by requiring pawn business to establish a daily
recording of all transactions with the police department. This allows the police to
investigate any possible pawning of reported stolen merchandise.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Pawn-Tattoo 02-21-08.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
City Council and Planning Commission Communication — February 20, 2008
City Planner — Pawn Shops and Tatto Parlor Licensing Ordinance Amendments
Page 2 of 2
Unlike Buffalo, Albertville and Monticello do not have their own their own city police
force to work with the pawn shops. Monticello contracts with the Wright County Sheriffs
department to enforce the APS as part of their police services. It is understood that
Albertville could do the same if they wish to pursue adopting the business licensing
requirements as part of their code.
The following table illustrates the allowed locations of Pawn Shops and Tattoo Shops
within Albertville, Buffalo, and Monticello.
Albertville
Buffalo
Monticello
Pawn Shops
Unspecified
B-3, Highway
B-3, Highway
Commercial District
Business District
B-4, Regional
Business District
Tattoo Parlors
B-4, General
Unspecified
B-4, Regional
Business District
Business District
We are proposing to prohibit tattoo parlors in all business districts and to provide greater
business licensing restriction on pawn shops, as was done in both Buffalo and
Monticello. Attached are proposed ordinance amendments for your review. The
business licensing ordinance will require the City enter into an agreement with the
Wright County Sheriffs Department to provide the pawn shop services.
Pc. Mike Couri
Bridget Miller
Adam Nafstad
Jon Sutherland
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Pawn-Tattoo 02-21-08.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 4 CHAPTER 7
RELATING TO PAWN SHOPS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 4 Chapter 7 relating to Pawn Shops is hereby amended to read as
follows:
ALBERTVILLE CITY ORDINANCE TITLE 4 CHAPTER 7 PAWN SHOPS
SECTION
4-7-1 Purpose
4-7-2 Definitions
4-7-3 License Required
4-7-4 Application Required
4-7-5 License Fees
4-7-6 Bond Required
4-7-7 Persons Ineligible for License
4-7-8 Records Required
4-7-9 Application Execution
4-7-10 Daily Reports to Police
4-7-11 Receipt Required
4-7-12 Redemption Period
4-7-13 Holding Period
4-7-14 Police Order to Hold Property
4-7-15 Inspection of Items
4-7-16 Label Required
4-7-17 Prohibited Acts
4-7-18 Denial, Suspension or Revocation
4-7-19 Business at Only One Place
4-7-20 Separability
4-7-1: Purpose.
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. The 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
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
Page 2 of 12
or efficiently identify criminal activity related to pawn shops. The purpose of this chapter is to
prevent pawn businesses 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 public 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).
4-7-2: Definitions. When used in this article, the following words shall mean:
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 buying personal property
previously used, rented or leased, or selling it on consignment, the provisions of this chapter
shall be applicable.
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, is reportable except:
(1) 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 describes each item, and must mark each item in a manner which
relates it to that transaction record.
(2) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for
which all applicable hold and/or redemption periods have expired.
Billable transaction. Every reportable transaction conducted by a pawnbroker except renewals,
redemptions or extensions of existing pawns on items previously reported and continuously in
the licensee's possession is a billable transaction.
4-7-3: LICENSE REQUIRED.
No person shall engage in the business of pawnbroker at any location without a pawnbroker
license for that location. No pawnbroker license may be transferred to a different location or a
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
10
City Council and Planning Commission Communication — February 20, 2008
City Planner - DRAFT Pawn Shop Ordinance Amendment
Page 3 of 12
different person. Issuance of a license under this chapter shall not relieve the licensee from
obtaining any other licenses required to conduct business at the same or any other location.
4-7-4: APPLICATION REQUIRED.
A. An application form provided by the city clerk 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:
1. If the applicant is a natural person:
a. The name, place and date of birth, street resident address, and phone number of
applicant.
b. Whether the applicant is a citizen of the United States or resident alien.
c. 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.
d. The name of the business if it is to be conducted under a designation, 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.
e. The street address at which the applicant has lived during the preceding five (5)
years.
f. 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 address(es) of the applicant's employer(s) and partner(s), if any, for the
preceding five (5) years.
g. 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.
h. 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 a. through g. of subdivision 1 of this section.
2. If the applicant is a partnership:
a. The name(s) and address(es) of all general and limited partners and all
information concerning each general partner required in subdivision (1) of this
section.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
11
City Council and Planning Commission Communication — February 20, 2008
City Planner - DRAFT Pawn Shop Ordinance Amendment
Page 4 of 12
b. The name(s) of the managing partner(s) and the interest of each partner in the
licensed business.
c. 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 must be
attached to the application.
3. If the applicant is a corporation or other organization:
a. The name of the corporation or business form, and if incorporated, the state of
incorporation.
b. A true copy of the Certificate of Incorporation, Articles of Incorporation or
Association Agreement and By-laws shall be attached to the application. If the
applicant is a foreign corporation, a Certificate of Authority as required by
Minnesota Statutes, Section 303.06 must be attached.
c. The name of the manager(s) or other person(s) in charge of the business and all
information concerning each manager, proprietor, or agent required in a. through
g. of subdivision 1 of this section.
4. For all applicants:
a. Whether the applicant holds a current pawnbroker, precious metal dealer or
secondhand goods dealer license from any other governmental unit.
b. 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.
c. The location of the business premises.
d. Such other information as the city council or issuing authority may require.
4-7-5: APPLICATION EXECUTION.
All applications for a license under this chapter must be signed and sworn to under oath or
affirmation by the applicant. If the application is that of a 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. Any falsification on a license application shall result in the denial of a
license.
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Agenda Item No. 3.
Meeting Date February 25, 2008
12
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
Page 5 of 12
4-7-6: PERSONS INELIGIBLE FOR A LICENSE.
No license 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:
1. Is a minor at the time that 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 a licensee under this chapter as prescribed by Minnesota Statutes, Section
364.03, Subd. 3; or
3. Is not of good moral character or repute.
4-7-7: License fees.
A. The annual license fees for licenses issued under this chapter shall be as adopted by the City
Council
B. The billable transaction license fee shall reflect the cost of processing transactions and other
related regulatory expenses as determined by the city council, and shall be reviewed and
adjusted, if necessary every six (6) months. Licensees shall be notified in writing thirty (30)
days before any adjustment is implemented.
C. 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.
4-7-8: BOND REQUIRED.
Before a license will be issued, every applicant must submit a five thousand dollar ($5,000.00)
bond on the forms provided by the licensing authority. All bonds 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 hand through 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.
4-7-9: RECORDS REQUIRED.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
13
City Council and Planning Commission Communication —February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
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At the time of any reportable transaction other than renewals, extensions or redemptions, 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.
A. 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
identifying mark on such an item.
B. The purchase price, amount of money loaned upon, or pledged therefore.
C. The maturity date of the transaction and the amount due, including monthly and annual
interest rates and all pawn fees and charges.
D. 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.
E. 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.
F. 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.
G. The signature of the person identified in the transaction.
H. 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 recording of:
a. Each customer involved in a billable transaction.
b. Every item pawned or sold that does not have an unique serial or identification
number permanently engraved or affixed. If a photograph is taken, it must be at least
two (2) inches in length by two (2) 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 or the chief s designee, upon request. The major portion of the
photograph must include an identifiable front facial close-up of the person who
pawned or sold the item. Items photographed must be accurately depicted. The
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
14
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
Page 7 of 12
licensee must inform the person that he or she is being photographed by displaying a
sign of sufficient size in a conspicuous place in the premises. If a video photograph is
taken, the video camera must zoom in on the person pawning or selling the item so as
to include an identifiable close-up 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 orally that
he or she is being videotaped and 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.
I. Digitized photographs. Effective sixty (60) days from the date of notification by the police
department licensees must fulfill the color photograph requirements in section 8 by
submitting them as digital images, in a format 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 subdivision 8.
J. Renewals, extensions and redemptions. For renewals, extensions and redemptions, the
licensee shall provide the original transaction identifier, the date of the current transaction
and the type of transaction.
K. 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 least three (3) years from the date of transaction. Entries of required digital
images shall be retained a minimum of ninety (90) days.
4-7-10: DAILY REPORTS TO POLICE.
A. Effective no later than sixty (60) days after the police department provides licensees with
computerized record standards, licensees must submit every reportable transaction to the
police department daily in the following manner:
Licensees must provide to the police department all information required in section 1
through 6 and other required information by transferring it from their computer to the
Automated Pawn system via modem. 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. The licensee must
display a sign of sufficient size, in a conspicuous place in the premises, which
informs all patrons that all transactions are reported to the police department daily.
B. Billable transactions fees. Licensees will be charged for each billable transaction reported to
the police department.
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Agenda Item No. 3.
Meeting Date February 25, 2008
15
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
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1. If a licensee is unable to successfully transfer the required reports by modem, the
licensee must provide the police department printed copies of all reportable
transactions along with the video tape(s) for that date by 12:00 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 provide the
required reports as detailed in Section 10.B.1, and must be charged a fifty dollar
($50.00) 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
provide the required reports in Section 10.B.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
Section 8.9, 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 County Sheriff 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. Section 10.13 1 through 3 notwithstanding, the police department may, upon
presentation of extenuating circumstances, delay the implementation of the daily
reporting penalty.
4-7-11: RECEIPT REQUIRED.
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 that conducted the
transaction.
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Agenda Item No. 3.
Meeting Date February 25, 2008
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City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
Page 9 of 12
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.
b. Current valid Minnesota identification card.
c. Current valid photo driver's license or identification card issued by another state
or province of Canada.
11. Description of the pledger or seller including sex, approximate height, weight, race,
color of eyes and color of hair.
12. The signature of the pledger or seller.
13. All printed statements as required by state statute 325J.04 subdivision 2, or any other
applicable statutes.
4-7-12: 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 sold.
During the ninety (90) day holding period, items may not be removed from the licensed location
except as provided in Section 19. Licensees are prohibited from redeeming any item to anyone
other than the person to whom the receipt was 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 of the police license inspector. Written authorization for release of property to persons
other than original pledger must be maintained along with original transaction record in
accordance with Section 8.10.
4-7-13: HOLDING PERIOD.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
17
City Council and Planning Commission Communication — February 20, 2008
City Planner - DRAFT Pawn Shop Ordinance Amendment
Page 10 of 12
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.
4-7-14: 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 with seventy-two (72) hours and
will remain in effect for fifteen (15) days from the date of initial notification or until the
investigative. order is canceled, or until an order to hold/confiscate is issued, pursuant to
Section 14.13 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 licensed premises until
authorized to be released by the chief 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
or chief s designee may:
1. Physically confiscate and remove it from the shop, pursuant to written order from the
chief or the chief s designee, or
2. Place the item on hold or extend the hold as provided in Section 14.13 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 the name
and phone 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.
4-7-15: 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 off -site storage facilities
as authorized in Section 19, during normal business hours, except in an emergency for the
purpose of inspecting such premises and inspecting the items, ware and merchandise and records
therein to verify compliance with this chapter and other applicable laws.
4-7-16: LABEL REQUIRED.
Licensee 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
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
Page 11 of 12
name of the item and the description or the 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 re -used.
4-7-17: 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 photo
driver's license or identification card issued by the state 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 article of property not their
own; nor shall any 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 person has a security
interest; with any licensee.
F. 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.
4-7-18 DENIAL, SUSPENSION OR REVOCATION.
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 applicable zoning code.
2. The proposed use does not comply with any health, building, building maintenance or
other provisions of this Code of Ordinances or state law.
3. The applicant or licensee has failed to comply with one or more provisions of this
chapter.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
19
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Pawn Shop Ordinance Amendment
Page 12 of 12
4. 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.
5. Fraud, misrepresentation or bribery in securing or renewing a license.
6. Fraud, misrepresentation or false statements made in the application and investigation
for, or in the course of, the applicant's business.
7. Violation within the preceding five (5) years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance, or operation of a business.
8. The owner of the premises licensed or to be licensed would not qualify for a license
under the terms of this chapter.
4-7-19 BUSINESS.AT ONLY ONE PLACE.
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 police inspector
may approve an offsite locked and secured storage facility. The licensee shall permit inspection
of,the facility in accordance with Section 15. All provisions of this chapter regarding record
keeping 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 off -site storage facility, or have a lease on the
business premise that extends for more than six (6) months.
4-7-20 SEPARABILITY.
Should any section, subsection, clause or other provision of this chapter be declared by a court of
competent jurisdiction to be invalid such decision shall not affect the validity of the ordinance as
a whole or any part other than the part so declared invalid.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION
Approved by the Albertville City Council the Day of March, 2008
Ron Klecker, Mayor
Bridget Miller, City Clerk
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord 4-7 Pawn Shop.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
20
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.
DRAFT
AN ORDINANCE AMENDING CHAPTERS 4400.5; 4500.2; AND 4500.5
RELATING TO TATTOO PARLORS IN THE HIGHWAY
AND GENERAL BUSINESS DISTRICT
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Chapter 4400.5 relating to tattoo parlors in the B-3, Highway Business
District is hereby amended to read as follows:
4400.5: PROHIBITED USES:
Notwithstanding any other regulations within the city code, the following are prohibited uses in a
B-3 district:
Commercial animal kennels. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-33, 11-3-2003)
Tattoo parlors/bodypiercing studios.
SECTION 2. Chapter 4500.2 relating to tattoo parlors. in the B-4, General Business District
is hereby amended to read as follows:
4500.2: PERMITTED USES:
The following are permitted uses in a B-4 district, subject to additional requirements set forth in
this ordinance:
Adult uses - principal, as regulated by chapter 2800 of this ordinance.
Animal veterinary clinics (with no overnight care), as regulated by chapter 2300 of this
ordinance.
Bakery goods and baking of goods for retail sales on the premises.
Essential services, as regulated by chapter 2100 of this ordinance.
Government and public related utility buildings and structures.
M:\Public Data\City Council\Council Packet information\2008\02-25-08 W\Ord Tattoo Parlor.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
21
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Tatto Parlor Licensing Ordinance Amendment
Page 2 of 3
Hospitality business.
Office business clinic.
Office business - general.
Personal wireless service antennas located upon a public structure, including necessary
equipment buildings, as regulated by chapter 2500 of this ordinance.
Personnel service.
Public parking garages.
Recreational business.
Restaurant - general.
Retail business.
Service business - off site.
Service business - on site.
Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance. (Ord. 1988-
12, 12-19-1988; amd. Ord. 2003-34, 11-3-2003; Ord. 2007-05, 5-21-2007)
SECTION 3. Chapter 4500.5 relating to tattoo parlors in the B-4, General Business District
is hereby amended to read as follows:
4500.5: PROHIBITED USES:
Notwithstanding any other regulations within the city code, the following are prohibited uses in a
B-4 district:
Commercial animal kennels. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-34, 11-3-2003)
Tattoo parlors/body piercing studios.
M:\Public Data\City. Council\Council Packet information\2008\02-25-08 W\Ord Tattoo Parlor.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
22
City Council and Planning Commission Communication — February 20, 2008
City Planner — DRAFT Tatto Parlor Licensing Ordinance Amendment
Page 3 of 3
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION
Approved by the Albertville City Council the Day of March, 2008
Ron Klecker, Mayor
Bridget Miller, City Clerk
M:\Public Data\City Council\Council Packet information\2008\02-25-08 Wd Ord Tattoo Parlor.doc
Agenda Item No. 3.
Meeting Date February 25, 2008
23
Nbertvilje
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