[6-26-2017 by Ord. No. 17-005]
Any violations of this article shall be punishable under state law, that being MCLA § 445.481 et seq.
[9-9-2013 by Ord. No. 1355[1]]
The purpose of this article is to protect public health, safety and welfare and to advance the legitimate rational regulation of businesses. In an effort to promote and protect public health and welfare, reduce and or eliminate the acceptance and resale of stolen or unauthorized property and reduce crime, the City enacts this ordinance to license and regulate precious metal and gem dealers within its borders. This article is adopted in conjunction with Public Act No. 95 of 1981 (MCL 445.481 et seq.) of the State of Michigan.
[1]
Editor's Note: Ord. No. 1355, adopted 9-9-2013, amended Art. XII in its entirety to read as set out herein. Former Art. XII, § 12-541, pertained to similar subject matter and derived from the Code of 1975, § 26-23; the Code of 1992, § 18-290.
[9-9-2013 by Ord. No. 1355]
Public Act No. 95 of 1981 (MCL 445.481 et seq.) of the State of Michigan is hereby adopted by reference and is hereinafter referred to as the "Precious Metal and Gem Dealers Act." A copy of the Act can be found in the office of the City Clerk.
[9-9-2013 by Ord. No. 1355]
(a) 
Definitions utilized under this article shall be the same definitions as provided for in the Precious Metal and Gem Dealers Act.
(b) 
As defined in the Precious Metal and Gem Dealers Act, "precious metal and gem dealer," "person" or "dealer" means any person, corporation, partnership, or association, which, in whole or in part, engages in the ordinary course of repeated and recurrent transactions of buying or receiving precious items from the public within this state.
(c) 
"Precious item" means jewelry, a precious gem, or an item containing gold, silver or platinum.
[9-9-2013 by Ord. No. 1355]
(a) 
No person shall carry on the business of being a precious metal and gem dealer within the City limits without first obtaining and maintaining a valid license and certificate of registration issued by the City pursuant to this article, and in accordance with the Precious Metal and Gem Dealers Act, for each separate office or place of business.
(b) 
Every person required to obtain a license under this article and the Precious Metal and Gem Dealers Act shall make application annually to the Department of Public Safety, Police Division, on a form to be furnished by the City, and shall state under oath or affirmation such facts as may be required for or applicable to the granting of such license and certificate.
(c) 
No such license shall be issued unless proper equipment is installed and demonstrated to be operating for direct electronic entry into the City's designated computer system relating to the electronic transmission of records of transactions as required pursuant to this article.
(d) 
No such license shall be issued except upon certification of the Director of Public Safety, or designee.
(e) 
License fees shall be established from time to time by resolution of the City Council and in accordance with MCL 445.483.
(f) 
Licensing year, late fees and other matters pertaining to licensing shall be in accordance with the provisions contained in Article II, Licensing, of this chapter.
[9-9-2013 by Ord. No. 1355; 6-26-2017 by Ord. No. 17-005]
(a) 
Upon receipt of an application for a precious metal and gem dealers, the Director of Public Safety, or designee, shall conduct an investigation into the applicant's moral character and personal and criminal history. A personal interview may be required, and such further information, records and identification of the applicant, as well as the proposed business premises, shall bear on the investigation.
(b) 
An applicant shall submit to lawful inspections by the City and any of its departments, as well as the county and any other governmental agencies, as necessary to insure that the proposed business and applicant comply with applicable laws, ordinances and regulations of the City.
[9-9-2013 by Ord. No. 1355]
A precious metal and gem dealer shall comply with all provisions of this article and the Precious Metal and Gem Dealers Act, including, but not be limited to, the following:
(1) 
Shall post a valid City license and certificate of registration in a conspicuous place in the dealer's place of business.
(2) 
Shall retain precious items received for nine calendar days after it was received.
(3) 
Shall not knowingly receive or purchase from someone under the age of 18 years.
(4) 
Shall not knowingly receive or purchase from someone convicted of theft or receipt of stolen property within the preceding five years.
(5) 
Shall not knowingly receive or purchase from someone unless that person presents a valid driver's license or a valid State of Michigan Personal Identification Card.
(6) 
Not less than 10 days before a dealer changes the name or address under which the dealer does business, the dealer shall notify the Department of Public Safety, Police Division, of the change.
[9-9-2013 by Ord. No. 1355]
(a) 
A precious metal and gem dealer shall comply with all provisions of the Precious Metal and Gem Dealer Act for the recording of property received pursuant to MCL 445.484.
(b) 
The copy of the record of transaction required to be submitted to the Department of Public Safety, Police Division, shall be electronically transmitted, within 48 hours after receiving or purchasing a precious item, into a computerized system designated by the Director of Public Safety for identifying property coming into the possession of a precious metal and gem dealer as follows:
(1) 
The City's Director of Public Safety, or designee, shall designate the City's computerized system vendor (hereinafter referred to as "vendor") to be used for purposes of direct electronic entry of records.
(2) 
Beginning January 1, 2014, and thereafter, all secondhand dealers shall electronically transmit records of transactions using the selected vendor's computerized system.
(3) 
Records of transactions shall not be reported on paper forms unless the Director of Public Safety, or vendor, so requires.
(4) 
The City Council may assess, as set by resolution from time to time, a per transaction record fee. "Transaction" is defined as a single buy, which may involve one or more items.[1]
[1]
Editor's Note: Former Art. XIII, Vehicles for Hire, which previously followed this article, comprised of §§ 12-576 through 12-705, was repealed in its entirety 1-23-2017 by Ord. No. 17-001. Said Art. XIII was derived from Code of 1975, §§ 36-1 through 36-77; the Code of 1992, §§ 18-311 through 18-403; Ord. No. 1175, adopted 7-10-2000; Ord. No. 1252, adopted 9-26-2005; Ord. No. 1294, adopted 11-10-2008; and Ord. No. 1343, adopted 10-8-2012.
Former Art. XIV, Buskers, which previously followed this article, comprised of §§ 12-726 through 12-741, was repealed 6-26-2017 by Ord. No. 17-005. Said Art. XIV was derived from Ord. No. 1228, adopted 5-10-2004. See now Ch. 34, § 34-5, Begging and soliciting.
Former Art. XV, Tattoo Establishments, which previously followed this article, comprised of §§ 12-801 through 12-815, was repealed 11-14-2016 by Ord. No. 16-006. Said Art. XV was derived from Ord. No. 1277, adopted 3-12-2007.