HomeMy WebLinkAbout5.C.1. Amending City Code Relating to Prohibited Pawn Shop Transactions-Ord. No. 845TO:
FROM:
CITY OF SHAKOPEE
POLICE DEPARTMENT
Memorandum
Mayor and City Council
Mark McNeill, City Administrator
Chris Dellwo, Captain
SUBJECT: Ordinance Amending City Code Section 6.28 Subdivision 6
Relating to Prohibited Pawn Shop Transactions
DATE: April 27, 2011
INTRODUCTION:
Council is asked to consider the attached ordinance, Ordinance No. 845, Fourth Series, an
Ordinance of the City of Shakopee, Minnesota, amending City Code Section 6.28 Subdivision 6
relating to prohibited pawn shop transactions.
BACKGROUND:
Current ordinance language recognizes that pawn shops can provide an opportunity for the
commission and concealment of crimes because such businesses have the ability to receive and
transfer stolen property. The purpose of the attached amendment is to give law enforcement and
prosecutors another charging option when such transactions occur.
Minnesota State Statute makes it a criminal offense to receive, possess, transfer, buy or conceal
any stolen property knowing or having reason to know the property was stolen. The difficulty at
times in prosecuting offenses under State Statute is meeting the required burden of proof by
proving the person who pawned the stolen item knew the item was stolen. City and County
prosecutors made staff aware of ordinance language of other metro cities that basically makes it
unlawful for any person to pawn any property not their own. The attached amendment would
complement State Statute and could be used as another charging option in cases where we cannot
charge State Statute.
Our legal counsel has reviewed and approved the ordinance amendment.
RELATIONSHIP TO VISIONING:
This action supports:
Goal A: Keep Shakopee a safe and healthy community where residents can pursue active
and quality lifestyles.
Strategy 6: Provide high quality services
ACTION REQUESTED:
Offer Ordinance No. 845, Fourth Series, an Ordinance of the City of Shakopee, Minnesota,
amending City Code Section 6.28 Subdivision 6 relating to prohibited pawn shop transactions,
and move its adoption.
ORDINANCE NO.845 FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CITY CODE SECTION 6.28 SUBDIVISION 6 RELATING TO PROHIBTED PAWN
SHOP TRANSACTIONS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. City Code Section 6.28, Subdivision 6 is amended to read as follows:
SEC. 6.28. PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS.
Subd. 6. Restrictions and Regulations.
A. Hours of Operation. Hours of operation shall be limited to between 7:00 a.m. and
10:00 p.m.
B. Inspection. The licensee shall, at all times, allow the Police Department to enter
any portion of the building or property where the licensee's business is located or
where goods are stored, for the purpose of inspecting building or property, for
inspecting the items therein for the purpose of locating items suspected or alleged
to have been stolen or otherwise improperly disposed of, and for the purpose of
checking for violations of this Section.
C. Minors. No licensee shall purchase or receive personal property of any nature on
deposit or pledge from any person under the age of eighteen (18) years.
D. Incompetents. No licensee shall purchase or receive personal property of any
kind from a person who is or appears to be of unsound mind, incompetent, or
under the influence of alcohol or drugs.
E. Prohibited Items. No licensee shall accept any item of property which contains an
altered or obliterated serial number, nor any item of property whose serial number
has been removed.
F. Licensed Vehicles. No licensee shall accept any vehicle licensed or subject to
licensing by the State of Minnesota, unless the vehicle is licensed and operable.
The licensee must be shown the title, and the pledger or seller must be named as
owner on that title. The title must be clearly visible on the videotape required in this
Section.
G. Checks. All purchases and pawns by a licensee over $60.00 shall be made by
check. No licensee shall purchase or pawn items for more than $60.00 with cash.
H. Interest. The rate or interest charged on pawned items shall be posted in a clearly
visible location in the licensee's building.
Property of Another. No person may pawn, pledge, sell, leave, or deposit any
article of property not their own; nor shall any person offer or attempt to pawn,
pledge, sell, leave, or deposit the property of another, whether with permission or
without, nor shall any person pawn, pledge, sell, leave or deposit any article of
property in which another has a security interest.
Section 2 - - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Adopted in session of the City Council of the City of Shakopee, Minnesota
held the day of , 2011.
ATTEST:
Mayor of the City of Shakopee
City Clerk
Published in the Shakopee Valley News on the day of , 2011.
(New language is indicated by underlining and deleted language is indicated by strikethroughs)