[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]
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.
[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.