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HomeMy WebLinkAbout0480 i ORDINANCE NO. 480 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3 OF THE LAREVILLE CITY CODE BY ADDING A CHAPTER CONCERNING PAWNBROKERS AND PRECIOUS METAL DEALERS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Title 3 of the Lakeville City Code is amended by adding .Chapter 15 to read: CHAPTER 15 PAWNBRORER3/PRECIOUS METAL. DEALERS Sec. 3-15-1: PURPOSE. The City Council finds that pawnbrokers and precious metal dealers potentially provide an opportunity for the commission of crimes and. their concealment because such businesses have the ability to .receive and transfer stolen property easily ;and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers and precious metal. dealers. The purpose of this Chapter is therefore to prevent. pawnbrokinq and precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public .health, safety, and general welfare of the citizens of the City. Sec. 3-15-2: DEFINITIONS. The .following words and terms when used in this Chapter shall have the following meanings unless the context clearly .indicates otherwise: ISSUING AUTHORITY means the City of Lakeville. ITEM CONTAINING PRECIOUS METAL means an item in whole or in part of metal and containing more than one percent (1%) by weight of silver, gold, or platinum. MINOR means any natural person under the age of eighteen (18} years. PAWNBROKER means a person who loans money on deposit or pledge of personal property. or other valuable thing; who deals in the. .purchasing of personal .property or other valuable thing on condition of selling that same back again at a stipulated price; or who loans money secured. by chattel. .mortgage or on personal property, taking possession of the property or any part thereof so 2759 r02/18/93 mortgaged. To the .extent that a pawnbroker business includes buying personal property previously. used, rented, or leased, the provisions of this Chapter shall be applicable. Any bank, savings. and loan association, or credit union shall not be deemed a pawnbroker for purposes of this Chapter. PERSON means any one or more natural persons; a partnership, including a limited partnersh~; a. corporation, including a foreign, domestic., or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. PRECIOUS METAL DEALER means any person engaging in .the business of buying secondhand items containing precious metal, including, .but not limited to, .jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. Persons conducting the following transactions shall not be deemed to be Precious Metal Dealers: (1) transactions at occasional."garage" or "yard" sales, or estate .sales or farm auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of Minn. Stat_ 325F.734 to 325F.742, for these transactions; (2) transactions regulated by Minn. Stat. § 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 film, or silver. residue or flake recovered in lithographic and X-ray film processing; (6) .transactions involving coins, bullion, or ingots; (7) transactions in which the secondhand 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 secondhand item, except that a person who is a .precious metal dealer by engaging in a transaction. which is not exempted by this section .must. comply with the requirements of Minn. Stat. 325F.734 to 325F.742; (8) .transactions between precious metal dealers if .both dealers are licensed under Minn. Stat. § 325F.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 Minn. Stat. § 325F.733; 2759 2 r02lt8/93 ~ (9) transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items. are .resold in an unaltered condition except for repair, and the items are resold at retail, and. the buyer paid less than $2,500 for secondhand items containing .precious metals purchased within any period of twelve (12) consecutive months. PRECIOUS METALS means silver, gold, or platinum. Sec. 3-15-3: LICENSE REQUIRED. No person shall exercise, carry-on, or be engaged in the trade or business of pawnbroker or precious metal dealer within the City unless such .person is currently licensed under this Chapter. Sec. 3-15-4: APPLICATION CONTENT. In addition to any information that may be required by the County pursuant to Minn. Stat. § 471.924, every application for a license under this Chapter shall be made on a form supplied by the. City of Lakeville and shall contain the. following information: (1) If the applicant is a natural person: {a) the..name, place, and date of birth,.streetresident. address, and telephone number of the applicant; (b) whether the applicant is a citizen of the United States or a resident alien; (c) whether the applicant has. ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used; (d) the name of the business if it is to be conducted under a designation, name, or style other. than the name of the applicant and a certified copy of the certificate as required by Minn. Stat. § 333:.01; (e) the street addresses at which the applicant has Iivied during the preceding five {5) years; (f) the. type, name,. and location of every business or occupation in which the applicant has been engaged during the preceding five {5) years and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years; (g) whether the applicant has ever .been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the .applicant 2754 3 r02/18/93 ,r~ .shall furnish information as to the time, place, and offense .for which convictions were had; (h) the physical description of the applicant; (i) if the applicant is married: i) the name, place, and date of birth, artd~ street address of the applicant's current spouse.; ii) the type, name, and location. of every. business or occupation in which the applicant's current spouse has been engaged during the. preceding five (5) years; iii) the names and addresses of the employers or partners of the applicant's current spouse for the. preceding five (5) years; iv) whether the applicant's current. spouse has .ever been convicted of any felony,. crime,-or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place,: and offense for which convictions were had. (2) If the applicant is a partnership: (a) the name(s). and .address(es) of all general .and. limited partners and all information concerning each general partner required in'subpart (1) of this Section; (b) the name(s) of managing partner(s) and the interest of each partner in the pawnbroker or precious metal dealer business; (c) a true copy of the partnership agreement. shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stat. § 333.01, a certified copy of such certificate shall be attached to the application. (3) If ..the applicant is a corporation or other organization: (a) the name of the corporation or business form,. and if incorporated, the state of incorporation; (b) a true copy of the Certificate of Incorporation, Articles of Incorporation, or Association Agreement, and By-laws. shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minn. Stat. § 303.06, shall be attached; 2759 4 r02/18/93 r, (c) the name of the manager(s), proprietor(s), or other agent(s) in charge of the business and. all information concerning each manager, proprietor, or agent required in subpart (1) of this Section; (d} a list of all .persons who control or own an interest in excess of five percent (5~) in such organization or business form or who are officers of the corporation or business form and all information concerning said persons required in subpart (1) above. (4} For all applicants: (a) whether the applicant holds a current pawnbroker,.. .precious metal dealer, or secondhand goods dealer license from any .other governmental unit and whether the. applicant is licensed .under either Minn.. Stat. § 471.924, or Minn. Stat. 325F.731 to 325F.744; (b) whether the applicant. has previously been denied a pawnbroker, precious metal dealer, or secondhand goods dealer license. from any other. .governmental unit; (c) the names, street ,resident addresses, and business addresses of three (3) residents of Hennepin, Ramsey,.. Anoka., Carver, Dakota, Washington, Scott, Goodhue, or Rice County, who are of good moral character and ..who. are not related to the applicant or not holding any ownership in the. premises or business, who may be referred to as to the applicant's and or manager's character; (d) the location of the business premises; (e) the legal description of the premises to be licensed; (f) whether all real estate .and personal property taxes that are due and payable for the premises to be licensed .have been paid, and if not paid, the years and. amounts that. are unpaid; (g) whether the application is for premises either .planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary.. plans. showing the design of the proposed premises to be licensed. If the plans or design are on fide with the City of Lakeville.Building/Inspections. Department, no plans need be submitted with the issuing authority; 2759 5 r02/18/93 Iy (h) such other information as the City Council or issuing. authority may require. Sec. 3-15-5: APPLICATION EXECIITION. All applications for a license under. this Chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing. officer thereof. Any falsification on a license application shall result in the denial of a license. Sec. 3-15-6: APPLICATION VERIFICATION. All applications shall be referred to the Police Department. for verification and investigation of the facts set forth in the application. The Police Department shall make a written report and recommendation to the City Council as to issuance or non-issuance of the. license. The City .Council may order and conduct .such additional investigation as it deems necessary. Sec. 3-15-7: APPLICATION CONSIDERATION. A. The City Council shall conduct a hearing. on the`=license application within a reasonable period following receipt of the Police Department's report and recommendation regarding the application. At least ten (10) days in advance of the City Council hearing on an application, the issuing authority shall cause notice of the hearing to be published in the official newspaper of the City, setting forth the day, time, and place of the hearing; the name of the applicant;. the premises where the business is to be conducted; and the type of license which is sought. At the hearing,. opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application. B. If an application is granted for a location where- a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. Sec. 3-15-8: RENEWAL APPLICATION. A. All licenses issued-under this Chapter shall be effective for one year from the date of approval by the City Council. An application for the renewal of an existing license shall be made prior to the expiration date of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the City Council, good and sufficient cause is shown by the applicant for the applicant's failure to submit a renewal 2759 6 r02/18/93 . application before: the expiration of the existing .license, the City Council may, if the other provisions of this Section are complied with, grant the renewal application. B. A license under this Section may not be renewed: (1) if the City council determines that the licensee has failed to comply with .the provisions of this Chapter in preceding license years; (2) if the licensee or, if the licensee does not manage the establishment, the manager of the licensed premises is not a resident of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington, Goodhue, or Rice counties on the date the renewal takes effect; (3) if in the case of a partnership, the managing partner or other person .who manages the establishment is not a resident of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington, Goodhue., or Rice counties on the date the renewal takes effect; (4) if in the case of a corporation, or other organization, the manager, a proprietor, or agent in charge of the establishment is not a resident of Anoka, Carver, Dakota:, Hennepin, Ramsey ,..Scott, Washington, Goodhue, or Rice .counties on the date the renewal takes. effect; (5) the: time for establishing residence in the above named counties may for good cause be extended by the City Council. Sec. 3-15-9: FEES. A. Application Fee: (1) The application fee shall. be set by resolution of the City Council. (2) .The license application fee shall be paid in full. before the application for a license shall be accepted. Upon rejection of-any application for a license or upon withdrawal of any application before City Council approval, the license fee shall. be refunded in full to the applicant except where rejection is for a willful misstatement in the license application. (3) When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee .for the initial license period shall be ninety. (90) days after 2759 7 r02/18/93 approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner. (4) When a new license application .is submitted as a result of .incorporation by an existing licensee and the ownership, control, and interest in the license. are unchanged, n® additional fee shall be required.. B. Investigation Fee: An applicant for any license under *~s Chapter shall pay the City of Lakeville at the time an original application is submitted, a nonrefundable fee at a rate. set by City Council resolution to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this Chapter. C. License Fee• (1) The license fee shall be paid annually,. to be determined from the date of issuance of the license. (2) The annual license fee shall be set by City Council. resolution. The application fee shall be credited to the first annual license fee, if the application: is approved. Sec. 3-15-10: PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE.- A. No license under this Chapter shall be issued to an applicant who is a natural person if such applicant: (1) Ls a minor at the .time the application is filed;.. (2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat. § .364.03, Subd. 2, and has not shown competent. evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker or a precious metals dealer as prescribed by Minn. Stat. §.364.03, Subd. 3; (3) Is not a citizen of the United States or a resident alien; (4) Is not of good. moral character or repute; or (5) Holds an intoxicating liquor license within the City of Lakeville. B. No license under this Chapter shall be issued to an applicant that is a partnership if such applicant has any general partner or managing partner: 2759 8 r02/18/93 t' (1) Who is a minor at .the. time the application is filed; (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat. § 364..03, .Subd. 2, and who has. not .shown competent .evidence of sufficient rehabili- tation and pres~iit fitness to perform the duties of a pawnbroker or a precious metals dealer as prescribed by Minn.: Stat. § 364.03, Subd. 3; (3) Who is not a citizen of the United States or a resident alien; (4) Who is not of good moral character or repute; or (5) Who holds an intoxicating liquor license within the City of Lakeville. C. No license under this Chapter shall be issued to an applicant that is a corporation or other organization if such applicant has any manager, proprietor,.. or agent in charge of the business to be licensed: (1) Who is a minor at the time the application is filed; (2) Who has been -convicted- of any crime directly related to the occupation licensed as prescribed by Minn. Stat. § 364.03, Subd. 2, and who has not shown .competent evidence of sufficient rehabili- tation and present fitness to perform the duties of a pawnbroker or precious metals dealer as prescribed by Minn. Stat. § 364.03, Subd. 3; (3) Who is not a citizen of the United. States or a .resident .alien; (4) Who is not of good moral character or repute; or (5) Who holds an intoxicating liquor license within the City of Lakeville.. D. The .following locations shall be ineligible for a license under this Chapter: (1) No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the State, County, School District, or City are due delinquent, or unpaid. In the event a suit has been commenced under Minn. Stat. §§;278.01 to 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be 2759 9 r02/18/93 granted, however, for taxes or any portion thereof which remain unpaid fora period exceeding one year after becoming due. (2) No license shall be granted or renewed if the property on which the business is to be conducted is owned by a person who is ineligible for a license under any of the requirements in subparts (A) .through (C) of this Section, except. that a property owner. who is a minor or who has .:been convicted of a crime, other .than a crime involving theft, shall not make the premises .ineligible under this subsection. Sec. 3-15-11: GENERAL LICENSE RESTRICTIONS. A. Recordkeeping. At the time of a receipt of an item of property, the pawnbroker or precious metal dealer shall immediately record, using the English language, in an indelible ink, in a book or journal, which has page numbers that. are preprinted, the following information: (1) An accurate description of the ..item of property including, but .not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (2) The date and time the item of property was received by the pawnbroker or precious metals dealer; (3) The name, address, and date of birth of the person from whom the item of property was received; and (4) The pawnbroker or precious metals .dealer will also take. a developed photograph of this person,. cross-referenced to the properties. B. Inspection of Records. The pawnbroker or precious metal dealer shall .make available the information required. in subpart (A) of this Section at all reasonable times. for inspection by the Lakeville Police Department or issuing authority. The information required in .subpart (A) of this .Section shall be retained by the pawnbroker or precious metal dealer for at least four (4) years. C. Items for Which Daily Reports to Police are Required. For the following items, the pawnbroker or precious metal dealer shall complete forms approved by the Lakeville Police Department or issuing authority and hand deliver the forms daily to the Police Department: (1) Any item with a serial number,. identification number, or "Operation Identification" number; '(2) Cameras; 2759 1 0 r02/18/93 r , ~ ~ (3) Electronic audio or video equipment; (4) Precious. jewelry, gems, and metals; (5) Artist-signed or artist-attributed works of art; (6) Guns; (7) Any item not included in (1) to (6) above, except furniture and kitchen or laundry appliances, which the pawnbroker or precious metal dealer intends to sell for more than two-hundred dollars ($200.00). D. Daily Report Forms. The daily report .forms submitted to the Lakeville Police Department shall contain the following information: (1) An accurate description of the item of property including, but not limited to, any trademark,. identification number, serial number, model number, brand name, or other identifying mark on such item; (2) The price of the item .paid by the .pawnbroker or precious metal dealer,.. and whether the item was purchased. or pawned; (3) The date, time,: and place of_receipt of the item; (4) The name, addre°ss, and date of birth of the person. from whom the item .was received; (5) The identification number from one of the following` forms. of identification of the person from whom the item was received: i) a valid driver's license; ii) a Minnesota identification card; or iii} a photo identification issued by the state of residency of the person from whom the item was .received. E. Police Order to Hold Property. Whenever the Lakeville Police Department, upon reasonable suspicion that an item received by the pawnbroker or precious metal dealer may have been stolen, notifies the pawnbroker or precious metal .dealer not to sell an item, the item shall not be sold or removed from .the licensed premises until authorized. to be released by the Police Department or a period of thirty (30) days, whichever is the lesser. F. Holding Period. Any item .received by the pawnbroker or precious metals dealer, for which a report to the police is required under subpart (C) of this. Section, .shall not be sold or otherwise transferred for fourteen (14) days after the date. of such 2759 1 1 r02/18/93 1~, report to the police. However, an individual may redeem an item pawned seventy-two (72) hours after the item was received on deposit by the pawnbroker or precious metals dealer excluding Sundays and legal holidays. G. Receipt. The pawnbroker or precious metal dealer shall provide a receipt to the seller or pledger of any item of property received,_which shall include:. (1) The name, address, and telephone number of the pawnbroker or precious metal dealer business; (2) The date on which the item was received by the pawnbroker or precious metal dealer; (3) A description of the-item received and amount paid to the pledger. or seller in exchange for the item pawned or sold; (4) The signature of the pawnbroker or precious metal. dealer or agent; (5) The last regular business .day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item on that date. (6) The annual rate of interest charged on pawned-items received; (7) The name and address of the seller or pledger., H. Hours of Operation. No .pawnbroker or precious metal.. dealer shall keep the pawnbroker or precious metal dealer business open for the transaction of business on any day of the week .before 7:00 a.m. or after 10:00 p.m. I. Minors. The pawnbroker or precious metal dealer shall not purchase or receive personal property of any nature. on deposit ar pledge from .any minor. J. Inspection of Items. The pawnbroker or precious metal dealer shall, at all times during the term of the license, allow the Lakeville Police Department and other law enforcement authorities. associated with the-Lakeville Police Department to enter the premises where the pawnbroker or precious metals dealer business is located, for the purpose of inspecting such premises and inspecting the items, ware, and merchandise and records therein for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of. K. License Display. A license issued under this Chapter must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for .the compact and contiguous space specified in the approved license application. 2759 1 2 x02/18/93 _y~ L. Maintenance of Order. A licensee under this Chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order. M. Gamblincr. No licensee under this. Chapter may keep, possess, or .operate, or permit the keeping,. possession, or .operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables, or pinball machines which return loins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minn. Stat. 349.11 to 349.60, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery .pursuant to Minn. Stat. 349.01 to 349.15. N.- Prohibited Goods. No licensee under this Chapter shall accept any item of property. which contains an altered or obliterated. serial number or "Operation Identification" number or any item of property whose serial number has been removed. O. Proper Identification. A licensee under this Chapter shall. not accept items. of property unless the seller.. or pledger provides. to the pawnbroker or precious metal. dealer one of the following. forms of identification.: i) a valid driver's license; ii) a Minnesota identification .card; or iii) a photo .identification issued by the state of residency of the person from whom the item .was. received. No other `forms of identification shall be accepted. P. Redemption Period. The date by which an item of property that has been pawned must be redeemed by the pledger within risk... that the item will be sold. must be a day on which the pawnbroker or precious metal dealer is open for regular business.. Sec. 3-15-12: RESTRICTIONS REGARDING LICENSE TRANSFER.. Each ..license under this .Chapter shall be issued to the applicant only and shall not be transferable to any other person.- No licensee shall loan, sell., give, or assign a license to another person. Sec.. 3-15-13: SIISPENSION OR REVOCATION OF LICENSE. A. The. City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of: (1) any of the provisions of this Chapter; 2759 1 3 r02/18/93 l (2) any state statute regulating pawnbrokers or precious metal dealers; or (3) any state or local law relating to moral character and repute. Any conviction by the pawnbroker or precious metal dealer for theft, receiving stolen property, or_any_other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any. license issued hereunder. B. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by .written notice to the licensee and a public hearing. The written notice shall give at least eight (8 days' notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker or precious metal dealer. The City Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. The notice may be served upon the pawnbroker or precious metal dealer by United States mail addressed to the most recent address of the business in the license application. Sec. 3-15-14. PROHIBITED ACTS. A. No pawnbroker licensed under this Chapter shall: (1) Lend money on a pledge at a rate of interest above that allowed by law; (2) Possess stolen goods; (3) Sell pledged goods before the time to redeem has expired; (4) Refuse to disclose to the pledger, after having sold:..:pledgedgoods, the name of-the purchaser or the price for which the item sold; or (5) Make a loan on a pledge to a minor.. B. No precious metal dealer licensed under this Chapter- shall: {1) Possess stolen goods; or (2) Purchase property from a minor. Section 2. This ordinance shall be effective immediately upon its passage and publication. 2759 1 4 r02/18/93 .',~E ADOPTED. by the Lakeville City Council this .16th day of February ~ 1g 93 . CITY OF LAKEVILLE BY: u ne R. Zaun, yor TTEST Charlene Friedges, ity Clerk 2759 1 5 r02118/93 chit? = pen 7'Days a Week " 0 am to 4 am •463-2636 R -way 3 & 50 Farmington Mall ,00000000000.00.0000000:0 ?IetroAuto: Saiva Cars - Trucks -`Vans - 4x4's 1985 & up Quality Used Auto Parts INSTALLATION SERVICE AVAILABLE motors •_1i'ansml,�ons • Drive Axles • Leaf Springs • Altemato}rs• �rSI 4&UsedStades • Rotes}• D . - diia Wheels & i es - ,R. •Mounting di Ayallapie ... �i 44 11710 E. 263rd Street, Lakeville - r HOURS: Mon. -Fri. 8-5, Sat. 8-1. g461..2186 ." SUOSSa Z89Z-Z£h(ZI9) I'ZISS NW 'ANTRA aiddd '3L11 'salge1S uas� anuand iaizeiD so9b1 sV woman' 'S'0Q `Q iVMHIa H 111VN N3O1S3A1'1/S3S2lOH Mi5IIIIOpOL o.r1; PH/pieittaig MATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $6.65 per column inch. (2) Maximum rate allowed by law for the above matter: $6.65 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all ofthe requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 480 which is attached was cut from the col- umns of said newspaper, ana was printed and published once on Monday, the 1st day of March , 1993; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abedefghijklmnopgrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 5th day of March ,1993. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY My commission expires 1-1.97