This article shall be known as the "Precious Metal and Gem Dealer
Ordinance."
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 Township enacts this article to license
and regulate precious metal and gem dealers within its borders
This Ordinance is adopted pursuant to and in accordance with
Act 246, Public Acts of 1945, as amended, and MCLA § 445.481 et al, the Precious
Metal and Gem Dealer Act.
Definitions utilized under this article shall be the same definitions
as provided in the Precious Metal and Gem Dealer Act, MCLA § 445.482,
as amended.
A registration fee and renewal fee shall be assessed from each licensee as set forth in Section
18-195 of this article in a manner and amount as set from time to time by resolution of the Board of Trustees. A transaction fee per transaction shall be payable in an amount as set from time to time by the Board of Trustees.
No person shall carry on the business of a precious metal or
gem dealer in the Township without first having a certificate of registration
issued from the Township Police Department authorizing such person
or entity to carry on such business subject to the provisions of this
article.
A dealer shall apply to the Township for a certificate of registration
and pay a fee as set forth by the Chesterfield Township Board of Trustees
to cover the cost of processing and issuing the certificate of registration
by disclosing the following information:
(1) The name, address, and thumbprint of the applicant(s).
(2) The name and address under which the applicant does business.
(3) 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 local police agency the name, address, and thumbprint
of the new employee.
The Chesterfield Township Police Department shall review the
application and determine whether the application complies with the
provisions of this article and the Precious Metal and Gem Dealer Act
(Act 95 of 1981). The dealer shall complete his examination and issue
a determination within 30 days upon receipt of the application described
herein.
The Planning and Zoning Administrator or his or her designee
shall within 15 days of the submittal of an application, review the
application and/or premises in order to determine whether the proposed
precious metal and gem dealer activities are compliant with the Zoning
Ordinance. Such determination shall be issued to the Chesterfield
Township Police Department.
Not less than 10 days before a dealer changes the name or address
under which the dealer does business, the dealer shall notify the
Chesterfield Township Police Department in writing of the change.
Upon receipt of the certificate of registration from the local
police agency, the dealer shall post it in a conspicuous place in
the dealer's place of business.
A precious item received by a dealer shall be retained by the
dealer for nine calendar days after it was received, without any form
of alteration other than that required for an accurate appraisal of
its value.
A dealer or an agent or employee of a dealer shall not:
(1) 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.
(2) 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.
Any violation of any provision of this article shall be a misdemeanor
punishable by imprisonment of not more than 93 days and/or a fine
of $500, or both, in addition to any other penalty provisions provided
for a violation of a misdemeanor as set forth in the general penalty
provisions of this Code of Ordinances.
Any dealer, agent, or employee of a dealer who is convicted
of any misdemeanor pursuant to this article or under Section 535 of
the Michigan Penal Code, 1931, Public Act 328, MCLA § 750.535,
or of the Precious Metal and Gem Dealer Act MCLA § 445.481,
shall not be permitted to operate as a dealer within this state 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 MCLA § 445.481
et seq., Precious Metal and Gem Dealer Act, or under Section 535 of
the Michigan Penal Code, 1931 Public Act 328, MCLA § 750.535,
shall not be permitted to operate as a dealer within this state for
a period of five years after conviction.