[6-26-2017 by Ord. No. 17-005]
Any violations of this article shall be punishable under state law, that being MCLA § 445.401 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 secondhand dealers within its borders. This article is adopted in conjunction with Public Act No. 350 of 1917 (MCL 445.401 et seq.) of the State of Michigan.
[1]
Editor's Note: Ord. No. 1355, adopted 9-9-2013, amended Art. XI in its entirety to read as set out herein. Former Art. XI, §§ 12-501 — 12-509, pertained to similar subject matter and derived from the Code of 1975, §§ 26-14 — 26-23; the Code of 1992, §§ 18-281 — 18-290; Ord. No. 1102, adopted 7-8-1996.
[9-9-2013 by Ord. No. 1355]
Public Act No. 350 of 1917 (MCL 445.401 et seq.) of the State of Michigan is hereby adopted by reference and is hereinafter referred to as the "Secondhand 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 Secondhand Dealers Act.
(b) 
As defined in the Secondhand Dealers Act, "secondhand dealer," "junk dealer," "person" or "dealer" means any person, corporation, or member, or members of a copartnership or firm whose principal business is that of purchasing, selling, exchanging, storing, or receiving secondhand articles of any kind, scrap metals, cast iron, old iron, old steel, tool steel, aluminum, copper, brass, lead pipe or tools, or lighting and plumbing fixtures. Secondhand dealer or junk dealer does not include a scrap processor, an automotive recycler, or a junkyard that deals principally in industrial scrap and is licensed by the City.
[9-9-2013 by Ord. No. 1355]
(a) 
No person shall carry on the business of a secondhand dealer 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 Secondhand Dealers Act, for each separate office or place of business.
(b) 
Every person required to obtain a license under this article and the Secondhand 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.
(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 information as required pursuant to this article.
(d) 
No such license shall be issued except upon certification of the Director of Public Safety, or designee, nor without the approval of the City Manager, or designee, based upon a finding that the proposed business will not tend to create a hazard to the public health, tend to unduly depreciate property in the area, retard the natural development of the area or be a violation of this Code.
(e) 
License and other fees shall be established from time to time by resolution of the City Council.
(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 secondhand dealer 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; 6-26-2017 by Ord. No. 17-006]
A secondhand dealer shall comply with all provisions of this article and the Secondhand Dealers Act, including, but not be limited to, the following:
(1) 
Shall post a sign with dealer's name and occupation in a conspicuous place in or upon its place of business.
(2) 
Except for property exempt under § 12-508, shall retain every article purchased, acquired or received by sale, barter or exchange for at least 15 days before disposing of them, in an accessible place in the building where the articles are purchased and received. A tag shall be attached to the articles in some visible and convenient place, with the number written thereupon, to correspond with the entry number in the book or other record. Notwithstanding the above, there may be off-site storage with the approval and at the discretion of the Director of Public Safety, or designee.
(3) 
Shall not purchase or receive by sale, barter or exchange or otherwise, any secondhand article from any person between the hours of 9:00 p.m. and 7:00 a.m.
(4) 
Shall not knowingly transact business with any person who is at the time intoxicated or with an habitual drunkard.
(5) 
Shall not knowingly transact business with any person known by said dealer to be a thief or any associate of thieves or receiver of stolen property or from any person the dealer suspects of being such.
(6) 
Nothing contained in this section shall make it necessary for the secondhand dealer to retain articles purchased from individuals, firms or corporations having a fixed place of business, after those articles have been reported pursuant to § 12-507, as provided by state law.
[9-9-2013 by Ord. No. 1355; 6-26-2017 by Ord. No. 17-006]
(a) 
A secondhand dealer shall comply with all provisions of the Secondhand Dealers Act for the recording of property received pursuant to MCL 445.404.
(b) 
Except for property exempt under § 12-508, the copy of the record of transaction required to be submitted to the Department of Public Safety, Police Division, shall be electronically transmitted by 12:00 noon on Monday of each week into a computerized system designated by the Director of Public Safety for identifying property coming into the possession of a secondhand 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.
[6-26-2017 by Ord. No. 17-006]
The requirements of §§ 12-506(2) and §12-507(b) do not apply to the purchase and receipt of old rags, wastepaper and household goods; except that the following items purchased, acquired or received by sale, barter or exchange shall comply with all provisions of this article:
(1) 
Radios; television sets; record players; electrical appliances;
(2) 
Tape, videocassette, compact or laser disc music or video players;
(3) 
Video or electronic gaming equipment and video or electronic games;
(4) 
Computers and computer accessories;
(5) 
Weapons and firearms; and
(6) 
Solid and plated platinum; gold and/or silver candlestick holders; silverware; and silver servicing items to include, but not be limited to, trays, coffee and tea services, butter trays and like tableware items.