13-13ORDINANCE NO,.: 2013-13
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE RELATE] To SECOND HAND
GOODS REGULATIONS,
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBYORDAIN:
Section 1. Section 7-13-5 of the City Code is hereby amended to read as
follows:
7-43-6: EXCEPTIONS To LICENSE REQUIREMENT:
A. The following transactions involving precious metal shall not require a license
under this Section:
1. Transactions at occasional "garage" or "Yard" sales, or estate sales or
auctions held at the decedent's residence, except that precious metal
dealers rust comply with the requirements of Minnesota Statutes
32F.73 to 325'.744 for these transactions.
2. Transactions regulated by Minnesota Statutes § 80A.
3. Transactions regulated by the Federal Commodity Futures Commission
Act.
4. Transactions involving the purchase of precious metal grindings, filings,
slag, sweeps, scraps or dust from an industrial manufacturer, dental lab,
dentist or agent thereof.
5. Transactions involving the purchase of photographic film such as
lithographic and x-ray fila or silver residue or flake covered in lithographic
and x-ray film processing.
6. Transactions involving coins or bullion in ingots.
. Transactions in which the second hand Item containing precious metal is
exchanged for a new item containing precious metal and the value of the
new item exceeds the value of the second hand item.
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. Transactions between precious metal dealers if both dealers are licensed
under Minnesota Statutes § 32F.733, or if the seller's business is located
outside of the state and the item is shipped from outside the state to a
dealer licensed under Minnesota Statutes § 32.733.
9. Resale transactions by an antique dealer of second hand items containing
precious metal if the items are resold at retail in an unaltered condition
except for repair, and the antique dealer paid less than two thousand fire
hundred dollars $2,500.00for all second hand items containing precious
metals purchased by said antique dealer within any twelve 12
consecutive month period.
B. The following transactions involving second hand goods shall not require a
license under this section:
. The sale of second hand goods where all of the following aro present:
a. The sale is held on property occupied as a residential dwelling by
the seller or owned, rented or [eased by a charitable or political
organization.
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. The items offered for sale are owned by the occupant.
C. That no sale exceeds a period of seventy-two 72) consecutive
hours.
d. That no more than two sales are held in any twelve 12
consecutive month period at any residential dwelling,
e. That none of the items offered for sale have been purchased for
resale or received on consignment for purpose of resale.
2. The sale of goods at an auction held by a licensed auctioneer.
3. The sale of recyclable material including, but not limited to, motor oil,
aluminum, iron, glass, plastic and paper.
4. Private occasional sales of second hand goods.
5. The sale of used motor vehicles,
6. The sale of any item for less than fifteen dollars $15.00in cash,
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merchandise or services for merchandise received provided=
a. The total amount paid any single person for resold merchandise
does not exceed forty-five dollars ($45.00) any sixty day
period; or
b. Merchandise has not been received for resale from any single
person more than three times within any sixty e9 day period
regardless of the total value of said transactions.
7. The business of buying or selling only those second hand goods taken as
part of full payment for neer goods of greater value and where such
business is incidental to and not the primary business of a person.
r Goods sold at an exhibition.
9. - The business of buying, selling or consigning second hand goods such as
clothing, shoes, housewares, household goods, decor and/or furniture, but
excluding electronic devices or precious metals unless exempt by Section
7-13-5.A of this Section, either as incidental to or as the primary business
activity.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTTO BY: Heidner
SECOND B : Schroeder
ALL IN FAVOR: : Stockam , Heidner, Schroeder, Dari enwald, W rehime
TOSS OPPOSED: None
ADOPTED the City council of the City of Otsego this 28th clay of May,
20139
ATTEST: Jlcuy�byvv
Tami l.off, City Clerk
CITY 1 SEGO
SUMMARY ORDINANCE NO.: 2013-93
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AME IHG THE CITY CODE RELATED To SECOND HAND
GOODS REGULATIONS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section -13-5 of the City Code is hereby amended to add provision
exempting the business of buying, selling or consigning second hand goods such as
clothing, shoes, housewares, household goods, decor and/or furniture, but excluding
electronic devices or precious metals unless exempt by Section 7-13-5.A of this
Section, either as Incidental to or as the primary business activity.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION Y: Heidner
SEGO : Schroeder
ALL IN FAVOR,, i st np, Heidner, Schroeder, D rk nor ld, W re ime
THOSE OPPOSED: alone
ADOPTED by the City Council of the City of Otsego this 28th day of May,
2013.
CITY of OTSEGO
Y -K Jessica L. sto ka mp, Mayor
ATTEST: Tami Loff, City Clerk
Pursuant to Minnesota Statutes 412.191, Su d. 4 and 331A.01, su d.10, this
Ordinance is published in summary form. Complete copies of the ordinance are
available for Inspection by contacting the Zoning Administrator/City Clerk, Otsego City
Hall, 8599 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours.
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