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.
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.
GOLD
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.
JEWELRY
An ornamental item made of a material that includes a precious
gem.
PLATINUM
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.
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.
SILVER
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.
[Amended 6-5-2017 by Ord.
No. 17-006]
A. 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:
(1) The dealer certificate of registration number.
(2) 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.
(3) The date of the transaction.
(4) The name of the person conducting the transaction.
(5) 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.
(6) The price to be paid by the dealer for the precious
item or items.
(7) 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.
(8) The customer's signature.
B. The record of each transaction shall be numbered consecutively,
commencing with the number 1 and the calendar year.
C. 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.
D. 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.
E. 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.
F. The record of transaction form shall be 8 1/2
inches by 11 inches in size and shall read as follows:
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Record of Transaction
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Dealer Certificate No. (printed on form) (transaction
number printed on form)
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|
(1)
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|
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|
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|
|
|
|
|
(2)
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(Date) 20___
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(3)
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(Name of dealer/employee)
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(4)
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(Name of customer) ______________
(Date of birth) 19___
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(Driver's License No./Michigan personal ID No.)
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(Street address)
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(City and state) (Zip)
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(County of residence)
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(5)
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(Price paid)
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(6)
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(Method of payment and documentation information,
including, without limitation: Check No., Bank Draft No., Money Order
No., Electronic Transfer Confirmation No., or other similar confirmation
or documentation information, or cash)
|
G. 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:
A. 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.
B. 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.