[Adopted 6-12-2007 by Ord. No. 170]
As used in this article, the following terms shall have the meanings indicated:
PAWNBROKERS
Those individuals identified in Section 3 of Act No. 469, of the Public Acts 2002, being cited as MCLA § 446.203.
A. 
A person, corporation, or firm shall not carry on the business of pawnbroker in the City without first having obtained a license as authorized by Act No. 469, of the Public Acts 2002, being cited as MCLA§ 446.201 et seq.
1. 
A license fee that shall be required to be paid to the City in order to acquire a pawnbroker license pursuant to this article shall be set by a resolution of the City Council (between $50 and $500).
B. 
As set forth in Section 2 of Act 469 of Public Acts 2002,[1] before issuance of the license, the applicant shall pay to the City Treasurer an annual license fee in the amount determined under Subsection A(1) and give a bond to the City in its corporate name, in the penal sum of $3,000, with at least two sureties, conditioned for the faithful performance of the duties and obligations pertaining to the conduct of the business and for the payment of all costs and damages incurred by any violation of this act. The governmental unit shall approve the bond.
[1]
Editor's Note: See MCLA§ 446.202.
A. 
A pawnbroker shall comply with all of the requirements of Act No. 231 of the Public Acts of 1945, as amended, being cited as MCLA§ 445.451 et seq., and Act No. 469 of the Public Acts 2002, being cited as MCLA§ 446.201 et seq.
B. 
Every pawnbroker, except those exempted by operation of Section 9-60, Subsection A, shall, within 48 hours, transmit to the Chief of Police by means of electronic transmission through a modem or similar device or by delivery of a computer disk, in such a format that the data are capable of direct electronic entry into the City's computerized systems for identifying pawned property, all transactions in which the pawnbroker received used goods the preceding day by pawn, trade, purchase, or consignment. A transaction reported by electronic transmission under this subsection shall not be reported on paper forms unless the City Manager so requests.
C. 
When reporting, a thumbprint of the persons pawning property shall be electronically scanned and transmitted to the Chief of Police in the same manner as Subsection B.
D. 
A pawnbroker need not report electronically transactions taking place at a business location where the number of pawn transactions in each ninety-day period does not exceed 10. A pawnbroker reasonably believing a location at which he or she conducts a pawn shop qualifies under this subsection for exemption from computerized reporting and wishing to be exempt from the requirements of Subsection A herein shall sign, under penalty of perjury, a declaration to the effect in a form developed by the Chief of Police or the Chief of Police's designee, and once the declaration is signed, so long as the volume of transactions does not exceed 10 each ninety-day period, pawn transactions taking place at that pawnshop need not be reported electronically, but shall be reported on paper forms.
E. 
If a licensee under this article or any of his or her employees is found guilty of violating any of the provisions of this article, the Chief of Police shall report such violation to the City Clerk. The City Clerk shall:
1. 
Notify the City Manager and the licensee and provide the licensee notice that the City intends to revoke his or her license; and,
2. 
Shall provide the licensee an opportunity for a hearing before the City Clerk. If the City Clerk determines that the licensee has been found guilty of violating any of the provisions of this article, the City Manager shall then revoke the license. The violator, upon such revocation, shall not be issued a license as a pawnbroker for a period of one year from the date of the revocation.
Any person violating any of the provisions of this article shall be held responsible for a municipal civil infraction and prosecuted in accordance with the Municipal Civil Infractions Ordinance.[1] The fine for violation of a municipal civil infraction under this article shall be $100; the second violation, $250; and the third or any subsequent violation within any one calendar year, $500.
[1]
Editor's Note: See Ch. 1, General Provisions, Sec. 1-6.