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Home My WebLink About13.A.1. Discussion of Regulations Regarding Pawnshop Locations1 ° -1. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Discussion of Regulations Regarding Pawnshop Locations MEETING DATE: June 21, 2011 INTRODUCTION: Effective August 1, 2011 the Legislature has repealed provision in statute that prohibited pawnshops from being any closer to "gambling casinos" than "ten driving miles." (MN Session Laws Chapter 82, SF No. 955, Sec. 3. Repealer of MN Stat. 3251.10; signed by the governor on May 24, 2011) With the change, there would be increased opportunities for new pawnshop locations within the City of Shakopee. Council is asked to provide direction to staff regarding whether it wishes to consider changes to the Shakopee City Code to address these changed circumstances. DISCUSSION: The previous statutory limitation had the effect of significantly limiting the areas of Shakopee that would be available for pawnshop operations, and the revised limitation opens up the city to the potential of such operations along significant commercial corridors within the City. This type of use may not be consistent with the City's vision for these corridors. In addition, the auditing and monitoring of pawnshops, as well as investigation of violations of applicable regulations, involves a significant amount of police department time. Thus, it would seem appropriate before the statutory change takes effect to discuss whether the Council feels that it should consider either licensing or zoning modifications that would provide reasonable limitations on them. One possibility would be to consider a limitation on the number of such licenses available in the city. A second alternative would be to introduce more specific location limitations in the licensing and /or zoning regulations. Attached for the Council's information are some examples of regulations in place in other Metropolitan Region cities. H: \CC \2011 \06- 21 \CC_Pawnshop location_06212011_final.docx Page 1 ALTERNATIVES: 1. Direct staff to draft for Council consideration amendments to the licensing requirement in City Code Sec. 6. 28 regarding pawnshops to either a) limit the number of licenses available in the City and /or b) address location limitations for pawnshop licenses 2. Direct staff to draft for consideration amendments to City Code Chap. 11. Zoning to address the definition of pawnshop uses and zoning use limitations related to them. 3. Direct staff to draft amendments to both City Code Chaps. 6 and 11 for Council (and in the case of Chap. 11, the Planning Commission) consideration. 4. Direct staff that the Council does not wish to pursue any city code amendments regarding pawnshops. 5. Table this item for additional information. ACTION REQUESTED: After discussion, provide City staff with direction of which alternative the Council prefers City staff to pursue. R. Michael Leek Community Development Director H: \CC \2011 \06- 21 \CC_Pawnshop location_06212011_final.docx Page 2 H.F. No. 1152, as introduced - 87th Legislative Session (2011 -2012) p.1 Page 1 of 2 Minnesota Revtsots orrice Legislature Home I Links to the World I Help I Advanced Search House I Senat I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules KEY: et keen'"' - removed, old language. underscored - added, new language. Authors and Status List versions !X� PDF of document H.F. No. 1152, as introduced - 87th Legislative Session (2011 -2012) Posted on Mar 16, 2011 L 1 bill for an act 1.2relating to commerce; regulating return of pledged goods and location restrictions 1.3of pawnbrokers;amending Minnesota Statutes 2010, sections 325J.08; 325J.10; 1.4325J.13. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2010, section 325J.08, is amended to read: 1, 73251.08 RECORDS; PROHIBITIONS. 1.8A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not: 1.9(1) make any false entry in the records of pawn transactions; 1.10(2) falsify, obliterate, destroy, or remove from the place of business the records, 1.11 books, or accounts relating to the licensee's pawn transactions; 1.12(3) refuse to allow the appropriate law enforcement agency, the attorney general, 1.13or any other duly authorized state or federal law enforcement officer to inspect the pawn 1.14records or any pawn goods in the person's possession during the ordinary hours of business 1. ]Set other times acceptable to both parties; 1.16(4) fail to maintain a record of each pawn transaction for three years; 1.17(5) accept a pledge or purchase property from a person under the age of 18 years; 1.18(6) make any agreement requiring the personal liability of a pledgor or seller, or 1.19waiving any provision of this section, or providing for a maturity date less than one month 1.20after the date of the pawn transaction; 1.21(7) fail to return pledged goods to a pledgor or seller, or provide compensation as 1.22set forth in section 325J.09, upon payment of the full amount due the pawnbroker unless 1.23either the date of redemption is more than 60 days past the date of the pawn transaction, 1.24renewal, or extension and the pawnbroker has sold the pledged goods pursuant to 2, lsection 325J.06, or the pledged goods have been taken into custody by a court or a law 2.2enforeement officer or agency; 2.3(8) sell or lease, or agree to sell or lease, pledged or purchased goods back to the 2.4pledgor or seller in the same, or a related, transaction; 2.5(9) seller otherwise charge for insurance in comrection with a pawn transaction; or 2.6(10) remove pledged goods from the pawnshop premises or other storage place 2.7approved by a municipality at any time before said- 2. 8 the expiration of the redemption period pursuant to section 3251:06, However, (i) a 2.9 pawnbroker is permitted to return pledged ¢nods to the borrower at any time during the 2,10 redemption period (ii) a pawnbroker is permitted to sell the pledged goods or remove 2.1l nlei goods from the pawnshop premises or other storage at any time after the 2.1 2.1 2.1 2.16 Sec. 2. Minnesota Statutes 2010, section 325J.10, is amended to read: 2.17325J.10 PAWNSHOP LOCATION. 2,18No pawnshop shall be located within ten drivin, 1 500 feet of any gambling 2.19casino. No pawnshop, lawfully operating as of April 2, 1996, shall be required to relocate 2.20or close as a result of this section. file: / /C:\Documents and Settings\jluse \Local Settings\Temporary Internet Files \OLK190 \... 04/01/2011 Burnsville: • Only permitted in B -3 Zone • Must not be closer than 1 mile to another pawnshop • Must not have hours of operation outside of9:00 - am to 9:00 pm. Chaska: Places ineligible or license: A license will not be issued or renewed for any place or for any business: • If taxes, assessments, or other financial claims to the City or State of Minnesota on the licensee's business premises are delinquent and unpaid: or • If the premises is located within 300 feet of a school or church; or • Where operation of a licensed premises would violate zoning ordinances: or • If the premises is within ten (10) driving miles of any gambling casino. Cottage Grove • Must not be located within 300 -feet of a church or school. A currency exchange is a Conditional Use in the 133 Zone. It must not be located within 800 feet of a residential district, pawnshop, second hand dealer, and at least 500 feet from a daycare. Distance is measured from lot line to lot line. Hastings: Extensive license program, but no specific location listing in zoning ordinance. Maplewood: • A Conditional Use in the Business Commercial District. • Must beat least 500 feet from a residential lot line and at least 500 feet from any school or church. • Must have City Licensing as regulated in Chapter 14, Article XII. Saint Louis Park: • Must be at least 1,000 feet from another pawnshop, currency exchange, payday loan agency, gun shop, liquor store, or sexually oriented business. • Must not operate in conjunction with a sexually oriented business. • The lot must be at least 350 feet from any parcel that is zoned residential, or has an educational (academic) use, religious institution, park, library, or community center. In the case of a shopping center or multi -use building, the distance shall be measured from the portion of the center or building occupied by the pawnshop. • Access shall be to a roadway identified in the comprehensive plan as a collector or arterial. Access to and from residential streets is prohibited. • In- vehicle sales or service are prohibited. • Firearm transactions are prohibited. • The use shall be completely enclosed in a building with no outside storage display, or sale of merchandise. • Exterior loudspeakers or public address systems are prohibited. • Visibility into the store shall be maintained by utilizing clear, transparent glass on all windows and doors, and by keeping all windows free of obstructions for at least 3 feet into the store. Product may be displayed for sale in the window as long as the display, including signage, does not occupy more than 30 percent of the window area. • Interior or exterior bars, grills, mesh, or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or more than 10 percent of any window or contiguous window area. • Neon accents and backlighted awnings shall be prohibited. • Parking space requirements shall be determined pursuant to City Code. If a pawnshop is combined with another use such as a currency exchange or payday loan agency, each use shall be considered a separate use for purposes of determining minimum parking requirements. Savage: • Permitted Use in C2 and C3 Zoning Districts. • Planning Commission Holds public hearing upon recommendation from Police Department. Comments from Planning Commission are heard at City Council. • Must be at least I mile from another pawnshop. ..,..•°" 1 Pawn Shop Locations and Commercial Zoning ( r .-..,,.--tt.. .N Blue Lake f 9 . a r , _ f / f , n �i 6ID nm r� - �,• M ",• � � Fisher Lake ma is is , , .t.,, v N ■ 1 , i 4 ; 1 s fi lini ' :::47 1 7 7- \ -\ 'Y , fj17-;If'':11:--cli,k;14,,,,,14:11Graff5k.,.0,:3_7:fill -- r 1 < Distan from Existing Pawn Shops =1:14, , ., , -; T. SI � � parry L g P �,, \- 1 E �F m ' Distance t et t � � .5 mile i ] ;., ;n X- IN 1 -,, C.; r j ib 1 mile L�� , .� 1.5 miles 1. mi �� Current Pawn Shops I a �rI � .► — t • - — � ? �• �� Zoning • ; r: t. �� can e ` � ' District �/ � �k f K � ®' �n ti i Highway Business [ 1B 7 1 � ' 1� ►4.. - B3, Central Business it 2 a n ` �_._ Z - m G: `d� tin. Jj ® CC, Community Commercial a �� , ,- h �. r Recreation �' ., L NC, Neighborhood Commercial , j PRD Planned Residential District F Parcels 4 -if, ‘, e , . ake O'Dowd '7��--- w 1 �, u..o c--d---) ,inn 1 SHAKOPEE 1