[6-26-2017 by Ord. No. 17-005]
Any violations of this article shall be punishable under state law, that being MCLA § 446.201 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 pawnbrokers within its borders. This article is adopted in conjunction with Public Act No. 273 of 1917 (MCL 446.201 et seq.) of the State of Michigan.
[1]
Editor's Note: Ord. No. 1355, adopted 9-9-2013, amended Art. IX in its entirety to read as set out herein. Former Art. IX, § 12-346, pertained to similar subject matter and derived from the Code of 1975, § 26-1; the Code of 1992, § 18-186.
[9-9-2013 by Ord. No. 1355]
Public Act No. 273 of 1917 (MCL 446.201 et seq.) of the State of Michigan is hereby adopted by reference and is hereinafter referred to as the "Pawnbrokers 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 Pawnbrokers Act.
(b) 
As defined in the Pawnbrokers Act, "pawnbroker," "person" or "dealer" means a person, corporation, or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.
[9-9-2013 by Ord. No. 1355]
(a) 
No person shall carry on the business of a pawnbroker within the City limits without first obtaining and maintaining a valid license issued by the City pursuant to this article, and in accordance with the Pawnbrokers Act, for each separate office or place of business.
(b) 
Every person required to obtain a license under this article and the Pawnbrokers 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.
(c) 
As required by the Pawnbrokers Act, proper bonding and sureties shall be provided with the application and shall be reviewed and approved by the City's Attorney, or designee, on behalf of the City.
(d) 
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.
(e) 
No such license shall be issued except upon certification of the Director of Public Safety, or designee.
(f) 
License and other fees shall be established from time to time by resolution of the City Council and in accordance with MCL 446.202(5).
(g) 
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 pawnbroker license, 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 pawnbroker shall comply with all provisions of this article and the Pawnbrokers Act, including, but not be limited to, the following:
(1) 
No business shall be transacted on Sundays.
(2) 
No person shall receive for pawn any article from any person under 18 years of age or a person suspected of having stolen the article to be pawned.
(3) 
Compliance with MCL 446.208 through MCL 446.213.
[9-9-2013 by Ord. No. 1355]
(a) 
A pawnbroker shall comply with all provisions of the Pawnbrokers Act for the recording of property received pursuant to MCL 446.205.
(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 the property is received, into a computerized system designated by the Director of Public Safety for identifying property coming into the possession of a pawnbroker 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 pawnbrokers 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.