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HomeMy WebLinkAbout11-17-16 Making Findings, Conclusion and Decision Imposing License Sanctions Upon Robert Bohn and Old Mill Pawn Shop CITY OF HASTINGS DAKOTA COUNTY,MINNESOTA RESOLUTION 11- 17 -2016 A RESOLUTION MAKING FINDINGS, CONCLUSION AND DECISION IMPOSING LICENSE SANCTIONS UPON ROBERT BOHN AND OLD MILL PAWN SHOP BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota, as follows: WHEREAS, a hearing was held by the City Council pursuant to Hastings City Code Section 110.11 on November 21, 2016 at which Robert Bohn on behalf of himself and Old Mill Pawn Shop waived testimony and written evidence being formally received and instead stipulated to the following Findings; and WHEREAS, Robert Bohn was afforded the opportunity to participate in the hearing on behalf of himself and Old Mill Pawn Shop as pawn broker licensee. NOW, THEREFORE, based upon the evidence and testimony the City Council of the City of Hastings, makes the following: FINDINGS 1. Robert Bohn, d/b/a Old Mill Pawn Shop (herein "Old Mill Pawn"), 2324 Vermillion Street, Hastings, Minnesota, holds a pawn broker license issued by the City of Hastings. 2. City Code Section 110.11(E)(4) provides that pawn broker billable transaction fees shall be billed monthly and are due and payable within 30-days and failure to do so is a violation of the City Code. 3. On September 7, 2016, the City of Hastings issued an invoice to Old Mill Pawn for monthly transaction fees due for the month of July 2016 in the amount of $75.60. Those fees were due to be paid by October 7, 2016. 4. On October 5, 2016, the City of Hastings issued an invoice to Old Mill Pawn for monthly transaction fees due for the month of August 2016 in the amount of $79.65. Those fees were due to be paid by November 4, 2016. 5. As of November 14, 2016, Old Mill Pawn had not paid the monthly transaction fees as set forth above for July and August of 2016. 6. Old Mill Pawn did not pay the foregoing monthly transaction fees within 30-days after Old Mill Pawn was invoiced for those fees. CONCLUSIONS Old Mill Pawn failed to pay the entire monthly transaction fees for July and August of 2016 within 30-days from the dates of receipts of the invoices for those fees in violation of City Code Section 110.11(E)(4). ORDER IT IS HEREBY ORDERED, pursuant to City Code Section 110.11(S) that Old Mill Pawn is subject to the following sanctions: (1) Suspension and/or revocation of the pawn broker license of Old Mill Pawn is stayed until December 30, 2016 at 12:00 p.m. (noon) on the condition that on or prior to that date and time, Old Mill Pawn pays to the City of Hastings a total of $1,000.00 as penalties imposed under City Code 110.11(E)(4) for the late payment of the above-referenced monthly transaction fees with the penalties calculated as $250.00 for past due fees up to 30 days late for July 2016 transaction fees, plus $500.00 for past due fees more than 30 days late for July 2016 transaction fees, plus $250.00 for past due fees up to 30 days late for August 2016 transaction fees. (2) If Old Mill Pawn fails to pay the $1,000.00 in penalties to the City by December 30, 2016 at 12:00 p.m. (noon), the City Clerk shall immediately notify Old Mill Pawn in writing that this matter shall be referred to the City Council for consideration and action at the next available regular meeting of the City Council which may include suspension or revocation of the pawn broker license of Old Mill Pawn for the violations set forth above in this Order, and the same is hereby ordered. Failure to comply with this order will subject the licensee to further sanctions including potential revocation of the pawn broker license. By order of the City Council of the City of Hastings, Minnesota, on 7ber 21, 2016. Paul J. HAS ayor TEST: CLQ Ju Flaten, City Clerk