§ 321.100. Records required.

(a) Exempt transactions. The following items, when received by a licensee, are exempt from recording and reporting requirements in this article, regardless of the purchase price paid by the licensee, asking price if consigned or brokered, or value attributed to it if accepted in trade:

(1)

The receipt of new or used merchandise from an owner, merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale or transactions as defined in section 321.30 of said merchandise.

(2)

The sale or receipt of used merchandise donated to recognized non-profit organizations and for which no compensation is paid.

(3)

The sale or receipt of large secondhand household kitchen and laundry appliances such as ranges, refrigerators, washers or dryers.

(4)

The sale or receipt of secondhand furniture, excluding audio, video and other electronic devices.

(5)

The sale or receipt of secondhand cookware, glassware and eating utensils that do not contain precious metals.

(6)

The sale or receipt of secondhand clothing and shoes.

(7)

The sale or receipt of secondhand infant's, toddler's or children's clothing, appliances, furniture, or safety devices.

(b)

Recordable transactions. Every licensee, at the time of receipt of any item listed in section 321.110(a), or any other item for which the licensee paid twenty-five dollars ($25.00) or more, by check or other consideration, and which is not exempted in section 321.100(a), shall immediately and legibly record, using the English language, in ink or other indelible medium in a book, or into the APX Bix data capture software or other computerized record system approved by the police license inspector, the following information:

(1)

A complete and accurate description of each item, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item.

(2)

The purchase price, asking price if consigned, or value attributed to item if accepted in trade, for each item received.

(3)

Date and time the licensee received the item of property.

(4)

Full name, residence address, residence telephone number, date of birth, and accurate description of the person from whom the item of property was received, including: sex, height, weight, race, color of eyes and color of hair.

(5)

The identification number and state of issue from any of the following forms of identification presented by the seller:

a.

Current valid Minnesota driver's license.

b.

Current valid Minnesota identification card.

c.

Current valid photo driver's license or photo identification card issued by another state or province of Canada.

d.

Current valid tribal identification card issued by the Minnesota or Wisconsin tribal government of a tribe recognized by the Bureau of Indian Affairs, United States, Department of the Interior, that contains security features as outlined in [Minnesota Statutes Section] 171.0[72] and is listed in the current version of the APS interchange file specifications.

(6)

The signature of the person identified in the transaction.

(7)

Class A licensees only. In addition to requirements of section 321.100(b)(1) through (6), effective sixty (60) days from the date of notification by the police license inspector of acceptable video standards, all Class A licensees must take a color digital photograph or color video recording of each person, from whom the item of property was received, involved in a reportable transaction as defined in section 321.110(a).

(8)

Digital photographs. Effective sixty (60) days from the date of notification by the police license representative, Class A licensees must fulfill the color photograph requirements in section 321.100(b)(7) by submitting them as digital images, in the format specified in the current image file requirement section of the current version of the APS interchange file specifications.

The major portion of the digital image photograph of the customer must include a clear identifiable front facial close up of the customer. Photographs of the items must show a clear close up of the item accurately depicting any unique and identifiable features and markings. The digital images of the person and items must be uploaded daily along with their referenced and corresponding transaction records in accordance with the APS interchange file specifications. Notwithstanding the digital images may be captured from required video recordings, this provision does not alter or amend the requirements in section 321.100(b)(9). Items photographed must be accurately depicted and show all identifying or unique features and markings. The Class A licensee must orally inform the person that he or she is being photographed and by displaying a sign of sufficient size in a conspicuous place in the premises indicating the same.

(9)

Video recordings. The video photograph taken must zoom in on the person selling the item so as to include an identifiable close up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The Class A licensee must orally inform the person that he or she is being videotaped and display a sign of sufficient size in a conspicuous place on the premises indicating the same. The Class A licensee must keep the exposed videotape for ninety (90) days in a safe and secure manner so as not to denigrate the conditions and quality of the images. Such video must be available to the chief of police or the chief's designee, upon request. This provision does not alter or amend the requirements in section 321.100(b)7.

(10)

Inspection of records. The records must at all reasonable times be open to inspection by the police department or licensing official. Records of all transactions shall be retained for at least three (3) years from the date of transaction. Entries of digital images, when implemented, shall be retained a minimum of ninety (90) days. (98-Or-059, § 1, 6-26-98; 2013-Or-204, § 4, 12-6-13; 2015-Or-054 , § 9, 7-10-15)