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Duluth, MN Business Licensing & Operations: Secondhand Dealers (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered dealers
Secondhand, antique, consignment, auction house
License trigger
Items over 1% precious metal by weight
Bond required
$2,000 corporate surety bond
License term
Expires April 30 annually
Exempt
Licensed pawnbrokers, investment metal contracts

Summary

In the City of Duluth, a secondhand dealer who buys or sells items containing gold, silver or platinum must hold a precious metal dealer license under Duluth Legislative Code § 36-17, since the ordinance's definition of 'precious metal dealer' expressly includes secondhand dealers, antique dealers, consignment house dealers and auction house dealers.

Precious metal dealer. ... Any person except banks or financial corporations regulated under Title 12, U.S. Code or chapters 47, 48 or 80A of Minnesota Statutes who engages in the business of buying or selling secondhand items containing precious metal, including, but not limited to, jewelry, coins, watches, eating utensils and tableware, candlesticks, religious and decorative objects, ingots and other objects. Dealers in these items shall include, without limitation, antique dealers, consignment house dealers, secondhand dealers and auction house dealers. ... Secondhand dealer. Any dealer whose regular business includes the purchase, sale or trade of secondhand goods, wares or merchandise. ... (a) No person shall exercise, carry on, or be engaged in the activity, business or trade of a precious metal dealer or advertise or hold himself or herself out to be a precious metal dealer within the city unless the person is currently licensed pursuant to the provisions of this Article. Such license shall authorize the licensee to operate as a precious metal dealer only at the premises named on the license. Each premises shall require a separate license;

Full Breakdown

Chapter 36's Article II definitions in § 36-16 define a 'secondhand dealer' as any dealer whose regular business includes the purchase, sale or trade of secondhand goods, wares or merchandise, and then fold that category into the broader 'precious metal dealer' definition covering anyone who buys or sells secondhand items containing more than one percent silver, gold or platinum by weight, things like jewelry, coins, watches, tableware and religious objects. Because of that link, § 36-17(a) makes it unlawful for a secondhand dealer handling precious-metal items to exercise, carry on, engage in, or even advertise that trade within the city without a license, issued separately for each business premises.

A licensed pawnbroker does not need a separate precious metal dealer license to buy or receive precious metal items, per § 36-17(c), and investment metal contracts and federally regulated commodity transactions are exempt under § 36-17(b). Applicants post a $2,000 corporate surety bond and pay a fee under § 36-18, with licenses expiring every April 30. Licensees must record each reportable transaction, buyer identification, item description, price and signature, photograph both the item and the seller, and report daily to the Duluth Police Department's chief of police, who can require computerized recordkeeping and electronic transmission of records to headquarters.

Violations & Fines

Operating as an unlicensed precious metal or secondhand dealer, or falsifying required transaction and identification records, exposes a dealer to the same suspension-for-up-to-60-days or revocation-for-good-cause regime, and the same ten-day hearing-demand and city council appeal process, that governs pawnbroker licenses under this Chapter.

Frequently Asked Questions

Does a secondhand shop in Duluth need its own precious metal license?
Yes, if it buys or sells items containing more than one percent gold, silver or platinum by weight. Section 36-16 defines 'precious metal dealer' to expressly include secondhand dealers, and § 36-17 requires that license for each business premises before the dealer can operate.
Do pawnshops need both a pawnbroker license and a precious metal dealer license?
No. Section 36-17(c) lets a pawnbroker already licensed under Chapter 36 receive or purchase precious metals or items containing precious metal without also obtaining a separate precious metal dealer license, since the pawnbroker license the business already holds covers that same activity under this ordinance.
What records must a Duluth secondhand precious metal dealer keep?
Under § 36-19, dealers must record the seller's name, address and date of birth, a full description of the item, the price paid, and the seller's signature for every reportable transaction, plus photograph the item and the seller, and keep those records available for police inspection.

Sources & Official References

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