[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 5-7-2007 by Ord. No. 07-006. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AGENT or EMPLOYEE
- A person who, for compensation or valuable consideration, is employed either directly or indirectly by a dealer.
- Any person, corporation, partnership or association who or 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 the City.
- Elemental gold having an atomic weight of 196.967 and the chemical element symbol of Au, whether found by itself or in combination with its alloys or any other metal.
- INTERNET DROPOFF STORE
- A person, corporation, or firm that contracts with other persons, corporations, or firms to offer its precious items for sale, purchase, consignment, or trade through means of an Internet website and meets the conditions described in § 509-2C.
- An ornamental item made of a material that includes a precious gem.
- Elemental platinum having an atomic weight of 195.09 and the chemical symbol of Pt, whether found by itself or in combination with its alloys or any other metal.
- POLICE AGENCY
- The Monroe Police Department.
- PRECIOUS GEM
- A diamond, alexandrite, ruby, sapphire, opal, amethyst, emerald, aquamarine, morganite, garnet, jadeite, topaz, tourmaline, turquoise or pearl.
- PRECIOUS ITEM
- Jewelry, a precious gem or an item containing gold, silver or platinum. "Precious item" does not include the following:
- A. Coins, commemorative medals and tokens struck by, or on behalf of, a government or private mint.
- B. Bullion bars and discs of the type traded by banks and commodity exchanges.
- C. Items at the time they are purchased directly from a dealer registered under this chapter, a manufacturer or a wholesaler who purchased them directly from a manufacturer.
- D. Industrial machinery or equipment.
- E. An item being returned to or exchanged at the dealer where the item was purchased and which is accompanied by a valid sales receipt.
- F. An item which is received for alteration, redesign or repair in a manner that does not substantially change its use and is returned directly to the customer.
- G. An item which does not have a jeweler's identifying mark or a serial mark and which the dealer purchases for less than $5.
- H. Scrap metal which contains incidental traces of gold, silver or platinum, which are recoverable as a by-product.
- I. Jewelry which a customer trades for other jewelry having a greater value, which difference in value is paid by the customer.
- Elemental silver having an atomic weight of 107.869 and the chemical element symbol of Ag, whether found by itself or in combination with its alloys or any other metal.
No dealer shall conduct business in the City unless the dealer has obtained a valid certificate of registration from the Monroe Police Department.
This section does not require an Internet dropoff store complying with Subsection C or a person engaged in the sale, purchase, consignment, or trade of precious items for himself or herself to obtain a registration under this chapter.
An Internet dropoff store in compliance with the following conditions is exempt from registration as a dealer under this chapter:
Has a fixed place of business within the City of Monroe except that he or she exclusively transacts all purchases or sales by means of the Internet and the purchases and sales are not physically transacted on the premises of that fixed place of business.
Has the personal property or other valuable thing available on a website for viewing by photograph, if available, by the general public at no charge, which website shall be searchable by zip code or state, or both. The website viewing shall include, as applicable, serial number, make, model, and other unique identifying marks, numbers, names, or letters appearing on the personal property or other valuable thing.
Maintains records of the sale, purchase, consignment, or trade of the personal property or other valuable thing for at least two years, which records shall contain a description, including a photograph, if available, and, if applicable, serial number, make, model, and other unique identifying marks, numbers, names, or letters appearing on the personal property or other valuable thing.
Provides the Monroe Police Department with any name under which it conducts business on the website and access to the business premises at any time during normal business hours for purposes of inspection.
Within 24 hours after a request from the Monroe Police Department, provides an electronic copy of the seller's or consignor's name, address, telephone number, driver license number and issuing state, the buyer's name and address if applicable, and a description of the personal property or other valuable thing as described in Subsection C. The provision of information shall be in a format acceptable to the local police agency but shall at least be in a legible format and in the English language.
Provides that payment for the personal property or other valuable thing is executed by means of check or other electronic payment system, so long as the payment is not made in cash. No payment shall be provided to the seller until the item is sold.
Immediately removes the personal property or other valuable thing from the website if the local police agency determines that the personal property or other valuable thing is stolen.
A dealer shall apply to the Monroe Police Department for a certificate of registration and pay a fee not to exceed $50 to cover the reasonable cost of processing and issuing the certificate of registration and shall disclose the following information:
The name, address and thumbprint of the applicant.
The name and address under which the applicant does business.
The name, address and thumbprint of all agents or employees of the dealer. Within 24 hours after hiring a new employee, the dealer shall forward to the Monroe Police Department the name, address and thumbprint of the new employee.
A dealer or an agent or employee of a dealer who is convicted of a misdemeanor under this chapter or under Section 535 of Act 328 of the Public Acts of 1931, as amended, being MCLA § 750.535, as amended, shall not be permitted to operate as a dealer within this municipality for a period of one year after conviction.
A dealer or an agent or employee of a dealer who is convicted of a felony under Act 95 of the Public Acts of 1981, as amended, or under Section 535 of Act 328 of the Public Acts of 1931, as amended, shall not be permitted to operate as a dealer within this municipality for a period of five years after conviction.
This chapter shall not be construed to excuse a dealer from complying with the local zoning ordinances or any local ordinance regulating commercial activities. However, no new ordinance shall be passed, nor existing ordinance enforced, that provides additional standards which must be met before the issuance of a certificate of registration.
Upon receipt of the application described in Subsection D hereof, the Monroe Police Department shall issue a certificate of registration in accordance with this section.
Upon receipt of the certificate of registration from the Monroe Police Department, the dealer shall post it in a conspicuous place in the dealer's place of business.
No less than 10 days before a dealer changes the name or address under which the dealer does business, the dealer shall notify the Monroe Police Department of the change.
[Amended 6-5-2017 by Ord. No. 17-006]
A dealer shall maintain a permanent record of each transaction on record of transaction forms provided for in Subsection F hereof, legibly written in ink in the English language. Each record of transaction form shall be filled out in quadruplicate by the dealer or agent or employee of the dealer with one copy going to the customer and two copies to be retained by the dealer pursuant to Subsections C and E hereof. At the time a dealer receives or purchases a precious item, the dealer or the agent or employee of the dealer shall ensure that the following information is recorded accurately on a record of transaction form:
The dealer certificate of registration number.
A general description of the precious item or precious items received or purchased, including its type of metal or precious gem. In the case of watches, the description shall contain the name of the maker and the number of both the works and the case. In the case of jewelry, all letters and marks inscribed on the jewelry shall be included in the description.
The date of the transaction.
The name of the person conducting the transaction.
The name, date of birth, driver's license number or State of Michigan personal identification card number, and the street and house number, of the person with whom the transaction is being made, together with a legible imprint of the right thumb of the person with whom the transaction is made, or if that is not possible, then the left thumb or a finger of that person. However, the thumbprint or fingerprint shall only be required on the record of transaction form retained by the dealer. The thumbprint or fingerprint shall be made available to the Monroe Police Department only during the course of a police investigation involving a precious item or items described on the record of transaction. After a period of one year from the date of the record of transaction, if a police investigation concerning a precious item or items described on the record of transaction has not occurred, the dealer and any police agency holding a copy of the record transaction shall destroy and not keep a permanent record of the record of transaction. A dealer who goes out of business or changes his or her business address to another local jurisdiction either within or without this state shall transmit the records of all transactions made by the dealer, within one year before his or her closing or moving, to the Monroe Police Department.
The price to be paid by the dealer for the precious item or items.
The form of payment made to the customer: check, money order, bank draft or cash. If the payment is by check, money order or bank draft, the dealer shall indicate the number of the check, money order or bank draft.
The customer's signature.
The record of each transaction shall be numbered consecutively, commencing with the number 1 and the calendar year.
Within 48 hours after receiving or purchasing a precious item, the dealer shall electronically submit a copy of the transaction report to the Monroe Police Department; and if the record of transaction form indicates that the customer resides outside the jurisdiction of the local police agency, the dealer shall send a copy of the record of transaction form to the police agency of the city, village or township in which the customer resides as set forth on the record of transaction, or if that city, village or township does not have a police agency, to the sheriff's department of the county in which the customer resides as set forth on the record of transaction. The report must be submitted through electronic means in a format such that the data is capable of direct entry into the Monroe Police Department’s computerized system, as approved by the Chief of Police, or his designee. A transaction report by electronic transmission under this subsection shall not be reported on paper forms, unless the Chief of Police, or his designee, so requires. All dealers must have the equipment capable of transmitting transaction reports to the Monroe Police Department installed in their place of business no later than August 1, 2017. Information must be reported electronically beginning August 1, 2017. The record of transaction forms received by the Monroe Police Department shall not be open to inspection by the general public. The Monroe Police Department shall be responsible for ensuring the confidentiality of the record of transaction forms in its possession and ensuring that the record of transaction forms are used only for the purpose for which they were received.
The record of transaction forms of a dealer and each precious item received shall be open to an inspection by the County Prosecuting Attorney, the Monroe Police Department and the Michigan State Police at all times during the ordinary business hours of the dealer. As a condition of doing business, a dealer is deemed to have given consent to the inspection provided for in this subsection. The record of transaction forms of a dealer shall not be open to inspection by the general public.
Except as otherwise provided in this section, each record of a transaction shall be retained by the dealer for not less than one year after the transaction to which the record pertains.
The record of transaction form shall be 8 1/2 inches by 11 inches in size and shall read as follows:
As used in this section "customer" means the person from whom the dealer or the agent or employee of the dealer receives or purchases a precious item.
A precious item received by a dealer shall be retained by the dealer for nine calendar days after it is received, without any form of alteration other than that required to make an accurate appraisal of its value.
A dealer or an agent or employee of a dealer shall not:
Knowingly receive or purchase a precious item from any person who is less than 18 years of age, or any person known by the dealer or agent or employee of the dealer to have been convicted of theft or receipt of stolen property within the preceding five years, whether the person is acting in his or her own behalf or as the agent of another.
Knowingly receive or purchase a precious item from a person unless that person presents a valid driver's license or a valid State of Michigan personal identification card.
In the event of a conflict between any provision of Chapter 509 and a provision of any state law, rule or regulation, the state law, rule or regulation shall control. No portion or provision of Chapter 509 is to supersede any penalty provision or other provision of Public Act 95 of the Public Acts of 1981, being MCLA §§ 445.481 through 445.492, as amended from time to time.
A violation of Chapter of 509 for which no state statutory penalty exists shall be punishable under the general penalty provision of the Code of the City of Monroe, § 1-27A.