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ORD 08-08ORDINANCE NO. 2008-08 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON PAWN SHOPS IN THE CITY OF OTSEGO THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Purpose. This interim ordinance is hereby established for the following reasons: A. To halt the establishment or approval of any Pawnbroker or Pawn Shop businesses within the City of Otsego B. To provide the City of Otsego with a period of time to complete a previously approved study of Pawnbrokers and Pawn Shops and to use that study to reevaluate the existing official controls, based on a previously approved study, related to Pawnbrokers or Pawn Shops in light of issues that have arisen upon review of the existing Otsego Zoning Ordinance, and the Otsego City Code. C. In order to protect the safety, health, and welfare of existing residents, to ensure proper planning process, ensure proper land use controls, and to provide adequate time for analysis of zoning and land use controls related to Pawnbrokers or Pawn Shops. D. To allow the City time to take the necessary steps to evaluate proper regulation of Pawnbrokers or Pawn Shops to minimize any potential detriment to existing businesses, residences and other institutions in the City of Otsego. E. To protect the health, safety, and welfare of the citizens and property owners in the City of Otsego. Section 2. Definitions. The definitions used herein are adopted for the limited purpose of this Interim Ordinance: ;7-1V Z1:1:T-•]:1= I:; (a) Except as provided in paragraph (b) of this section, "Pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (b) The following are exempt from the definition of "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 affiliate; 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 of 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. PAWNSHOP: The location at which or the premises in which a pawnbroker regularly conducts business. Section 3. Authority. The City Council of the City of Otsego is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance, applicable to all or a part of its jurisdiction, for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Section 4. Temporary Prohibition. For twelve months from the date of adoption of this Interim Ordinance prohibiting Pawnbrokers or Pawn Shops within the City, or until such earlier time as the Otsego City Council determines by resolution that the reasons for the moratorium no longer exist, no application for any type of proposed Pawnbroker or Pawn Shop or application which will result in permitting either a principal or accessory Pawnbroker or Pawn Shop in the City of Otsego not specifically exempted from this interim ordinance shall be accepted or processed by the City of Otsego. Section 6. Exceptions. There shall be no exceptions to the provisions of this interim Ordinance. Section 7. Misdemeanor. Any person, persons, firm, corporation or other entity violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, plus costs of prosecution. Section 8. Injunctive Relief. In the event of a violation of this ordinance, the City of Otsego may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, restrain, correct, or abate such violations. Section 9. Separability. It is hereby declared that the several provisions of this ordinance are separable in accordance with the following; if any court of competent jurisdiction shall adjudge any provision of this interim ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 10. Effective Date. This ordinance shall take effect from and after its passage and publication, and shall remain in effect until twelve (12) months from the date of passage and publication, unless a shorter period of time is approved by proper resolution of the City of Otsego City Council. MOTION BY: Fournier SECOND BY: Stockamp ALL IN FAVOR: Darkenwald, Fournier, Heidner, Stockamp, Thorsted THOSE OPPOSED: None ADOPTED by the Otsego City Council this 14th day of April, 2008. CITY OF OTSEGO ATTES . Ju ud o , ZoningAdministrator/City Clerk Published: Star News 04-23-08