(a)
The Township shall furnish forms for the taking of fingerprints and
furnishing additional information as required by regulations of the
Chesterfield Township Police Department. Every person licensed to
conduct, maintain or engage in a business of pawnbrokers, secondhand
dealer or junk dealer shall maintain in a form provided by the Chesterfield
Township Chief of Police or his designee records in the manner and
form as provided herein, which shall be subject to inspection by the
Township Police Department upon request.
(b)
Every licensee, owner and employee shall keep a record of all persons
and/or entities with whom business has been transacted and all property
coming into their possession. Reports must be electronically transmitted
to the Chief of Police or his designee. Within 48 hours a report must
be transmitted by means of electronic transmission through a modern
or similar device in a format such that the data is capable of direct
electronic entry into the Chesterfield Township Police Department's
computerized system, as approved by the Chief of Police or his designee
for identifying property coming into the possession of a licensor,
including but not limited to all pawn property, all transactions in
which used goods have been received the preceding day by pawn, trade,
purchase, or consignment and items received by junk dealers. 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 secondhand dealers, junk dealers and pawnbrokers
must have the equipment installed in their place of business no later
than October 1, 2012. Information must be reported electronically
beginning October 1, 2012.
(c)
A fee as adopted and subject to change periodically by the Township
Board shall be assessed per transaction. The vendor will assess the
property registration fee for each transaction the licensee reports
either through batch file upload or directly using the vendor's
business interface or on the vendor's automated reported service
that involves transactions subject to the provision of this article.
(d)
"Transaction" is defined as a single buy or which may involve one
or more items and does not include contract extensions or claims.
The per transaction registration fee is not a per item included in
the transaction fee. It is within the sole discretion of the secondhand
dealer whether to recover the fee from his or her customers for registering
a transaction.
(e)
The licensee will be invoiced on a monthly basis. The Township's
vendor automated reporting service that isolates and generates a list
of the billable transactions will be used for deriving invoiced amounts.
The above fees are assessed for the use of the standard vendor's
automated recording service. Any custom programming completed for
the secondhand dealer will be negotiated on a contract basis and may
result in additional licensing arrangements between the vendor and
the licensor. Sales tax will be added to the above amounts where applicable.
Failure to timely pay as invoiced is a violation of this article.
No entity or person who is not a licensed pawnbroker, secondhand
dealer or junk dealer shall sell, offer for sale, advertise for sale
or represent any article, personal property or other valuable thing
for sale which is subject to the provisions of this article unless
the proper license is in effect. No pawnbroker, secondhand dealer
or junk dealer shall purchase or receive in pawn any item or other
articles or keep for sale any such articles or items unless a current
effective license is in effect.
It is unlawful for any person licensed under the provisions
of this article or otherwise as a pawnbroker or secondhand dealer
or used goods dealer, pursuant to state law, to transact business
or to open or keep open the place or room where such business is conducted
on any Sunday.
No licensee, employee or agent of a licensee shall sell or purchase
by sale, barter, exchange, or otherwise any item under a license issued
pursuant to this article from or to any person or entity between the
hours of 9:00 p.m. and 7:00 a.m. of the following day. In addition,
no person or entity shall purchase by sale, barter, exchange, or otherwise
any junk between the hours of 6:00 p.m. and 7:00 a.m. the following
day.
(a)
No licensee or agent or employee shall conceal or misrepresent the
identity by removing, concealing, defacing, adding to, substituting,
or altering the serial number or manufacturer's number on any
motor vehicle, motor, appliance, mechanical device, watch, clock,
camera, precision instrument, outboard motor, radio, shotgun, or any
other article or thing where the manufacturer has placed numbers for
the purpose of identification; by altering or replacing any part of
such article or thing bearing the serial or manufacturer's number
with a new or replaced part upon which the proper serial number or
manufacturer's number has not been stamped or placed.
(b)
No person licensed under this article or employee of such licensed
person shall deal in or possess any item as described hereinabove
from which the serial numbers have been removed, concealed, defaced,
added, substituted, altered, or replaced.
(c)
In all prosecutions under this section, possession by any dealer,
licensor, person or entity of an item from which the serial numbers
or manufacturer's number or identification number has been removed,
concealed, defaced, added, substituted, altered or replaced shall
be prima facie evidence of violation of the provisions of this section.
No licensee under this article shall display merchandise or
articles outside of the building or fail to change a window display
at least twice monthly.
Whenever a law enforcement official from any agency notifies
an auto salvage dealer, junk dealer, pawnbroker, secondhand dealer,
or owner or employee of any of the foregoing, the item must not be
sold or removed from the premises. If the hold was conveyed verbally,
the hold shall be confirmed by the investigating agency within 72
hours, either in writing or by electronic transmission. The order
to hold the item shall expire 60 days from the date it is placed,
unless the holding agency seizes the item of evidence, or obtains
other court order to hold the item, or determines that the hold is
still necessary and notifies the business in writing, or by electronic
transmission to continue to hold the item for an additional 60 days.
Each licensee and owner shall be jointly and severally liable for
holding such property.
(a)
Items, goods, articles and junk purchased or exchanged shall be retained
for not less than 15 days before disposal in an accessible place in
the building where licensed activity occurs. A tag shall be attached
to such item in some visible and conspicuous place with a number corresponding
to the entry in the electronic record or other record provided. For
items not recorded electronically, the purchaser shall prepare and
deliver on Monday of each week, to the Chief of Police, or his designee,
before noon, a legible and correct copy in the English language containing
a description of each item and photograph purchased or received during
the previous week, including the hour, day when purchased and a description
of the person from whom it was purchased, including a copy of a photo
identification. Such statement shall be verified by the affidavit
of the licensee, employee or owner who received the item.
(b)
Any person engaged in the business of buying, exchanging, collecting,
receiving, storing or selling any used motor vehicles for the purpose
of wrecking or salvaging parts therefrom shall report each such transaction
to the Chief of Police or his designee within five business days,
excluding Saturday and Sunday, from the date of the transaction. The
report shall contain a description of each such motor vehicle acquired,
including vehicle identification number, hour and date when purchased,
a description of the person, including a copy of photo identification
from whom it was acquired and a photo of the vehicle. Such reports
shall be on forms approved by the Chief of Police or his designee
and made under oath. Such vehicles shall not be disposed of or altered
in any manner for a period of five days from the time the report is
received by the Township.
No licensee, owner or employee shall receive any item, goods
or junk from any person who at the time is intoxicated or appears
to be under the influence of a controlled substance or is known to
be a thief or receiver of stolen property or from any person who is
suspected not to be the owner of the property or from any minor under
the age of 18 years.
No licensee shall maintain a junkyard, junk shop, auto salvage
yard or scrap metal yard or any other business unless the business
is carried on entirely inside a building or unless the premises is
conducted within an enclosed area, except for gates, or doors for
ingress and egress by a suitable enclosure such as a fence or wall
as approved by the Planning Commission for the Township of Chesterfield.
(a)
All fences and enclosures shall be maintained in a neat and substantial
manner, including but not limited to painting, removal, or replacement
of dilapidated areas and maintenance of a continuous uninterrupted
even perimeter of the same materials.
(b)
No items, goods or junk shall be permitted to lean on or touch any
such enclosure or be in front of or suspended on any such enclosure.
Items may not be piled higher than two feet below the top of such
enclosure, and items must be arranged so that safety aisles, driveways
and uniform passageways are provided, allowing reasonable access to
all parts of the premises by law enforcement and firefighting operations.
(c)
All premises shall be maintained in a clean, sanitary and neat condition,
and no fire shall be permitted unless a permit from the Fire Marshal
and any other regulatory agency has been obtained and is in full force.
Scrap tires may only be stored after special land use approval
by the Chesterfield Township Planning Commission under the standards
for special land use approval and the Zoning Ordinance.
(a)
Prior to any license being issued, the applicant shall furnish a
corporate security bond, best A Rated, or better and the penal sum
of $10,000 with sufficient sureties to be approved by the Township,
which bond shall be conditioned that the owner, operator shall during
the time of the license comply with all the laws of the State of Michigan
and Township pursuant to this article and in regard to pawnbrokers,
secondhand dealers, junk dealers, Precious Metal and Gem Dealers Act[1] of the state, as set forth, and the sale of Secondhand
Watches Act[2] of the state as set forth, including any amendments to
the foregoing state laws. Any person aggrieved by the action of the
licensee shall have a right of action on the bond for recovery of
money damages. Such bond shall remain in full force and effect for
90 days after the expiration or cancellation of any license, or after
the termination of any action upon such bond.
(b)
On the recommendation of the Building Inspector, Township Supervisor,
or Chesterfield Township Police Department, an additional bond may
be required in order to assure that the conditions at the site of
the business are maintained from which the costs of any enforcement
action shall be repaid to the Township in the event of any enforcement
action for compliance with this article.
Each licensee and employee must comply with the terms of state
laws, including but not limited to MCLA §§ 445.471
through 445.476 and any amendments thereto, the state act regulating
pawnbrokers where applicable MCLA §§ 446.201 through
446.219 and any amendments thereto. Full compliance with the Precious
Metal and Gem Dealer Act as set forth in MCLA §§ 445.481
through 445.492 and any amendments thereto is required. Compliance
with the sale of Secondhand Watches Act, MCLA §§ 445.551
through 445.555 and any amendments thereto is required.
Every licensee and employee shall comply with all requirements
for business location at which work occurs, pursuant to any license
issued under this article, as provided in any applicable zoning ordinances
of the Township.
No licensee, dealer, employee, person or entity shall purchase
or receive any item or property on the premises or otherwise off premises
associated with the business conducted on the premises from any person
under the age of 18 years.
Any licensee, dealer, employee, person, or entity who violates
the terms and provisions of this article shall be guilty of a misdemeanor,
punishable by imprisonment for not more than 93 days, or a fine of
not more than $500, or both, plus costs. Any violation may also result
in a suspension or revocation of such license as prescribed by statute
and as otherwise imposed by the Chesterfield Township Police Department
after notice of such proposed action at least seven days beforehand.
The licensee shall be permitted a hearing before the Chief of Police
and a right of appeal as prescribed for denial of the issuance of
a license.
