As used in this article, the following terms shall have the
meanings indicated:
A person who, for compensation or valuable consideration,
is employed either directly or indirectly by a dealer.
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.
Elemental gold having an atomic weight of 196.967 and the
chemical element symbol of Au, whether found by itself or in combination
with its alloys or any other metal.
An ornamental item made of a material that includes a precious
gem.
Elemental platinum having an atomic weight of 195.09 and
the chemical element symbol of Pt, whether found by itself or in combination
with its alloys or any other metal.
A diamond, alexandrite, ruby, sapphire, opal, amethyst, emerald,
aquamarine, morganite, garnet, jadeite, topaz, tourmaline, turquoise,
or pearl.
Jewelry, a precious gem, or an item containing gold, silver,
or platinum. Precious item does not include the following:
Coins, commemorative medals, and tokens struck by, or in behalf
of, a government or private mint.
Bullion bars and discs of the type traded by banks and commodity
exchanges.
Items at the time they are purchased directly from a dealer
registered under this act, a manufacturer, or a wholesaler who purchased
them directly from a manufacturer.
Industrial machinery or equipment.
An item being returned to or exchanged at the dealer where the
item was purchased and that is accompanied by a valid sales receipt.
An item which is received for alteration, redesign, or repair
in a manner that does not substantially change its use and returned
directly to the customer.
An item which does not have a jeweler's identifying mark
or a serial mark and which the dealer purchases for less than $5.
Scrap metal which contains incidental traces of gold, silver,
or platinum that are recoverable as a by-product.
Jewelry which a customer trades for other jewelry having a greater
value, and which difference in value is paid by the customer.
Elemental silver having an atomic weight of 107.869 and the
chemical element symbol of Ag, whether found by itself or in combination
with its alloys or any other metal.
A.
A dealer shall not conduct business in the City unless the dealer
has obtained a valid certificate of registration from the City Clerk.
B.
A dealer shall apply to the City Clerk for a certificate of registration
and pay a fee of $25 to cover the reasonable cost of processing and
issuing the certificate of registration. Applications shall be on
forms supplied by and to be filed with the City Clerk that contain
the following information:
(1)
The name, home address and phone number, date of birth and thumbprint
of the applicant; if the applicant is a business entity, the information
shall be provided by the representative/agent.
(2)
Written proof of identity, such as driver's license, birth certificate,
state identification, passport or affidavit.
(3)
The name and business address and phone number under which the applicant
does business.
(4)
The name and address of all other businesses presently operated by
the applicant under a precious metal and gems business within the
State of Michigan.
(5)
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.
(6)
A statement as to whether the applicant, agent or employee has been
convicted of, or pled guilty or no contest to, any violation of the
Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended,
or Section 535 of the Michigan Penal Code, found at MCLA § 750.535,
or any corresponding local law adopted pursuant to the Act.
(7)
The application shall be signed by the applicant or, if a business
entity, by the representative/agent, and dated.
C.
A dealer or an agent or an employee of a dealer who is convicted
of a misdemeanor under this chapter, or in violation of the Precious
Metal and Gem Dealer Act, Public Act 95 of 1981, as amended, or Section
535 of the Michigan Penal Code, found at MCLA § 750.535,
shall be denied a certificate of registration for a period of one
year after conviction. A dealer or an agent or an employee of a dealer
who is convicted of a felony in violation of MCLA § 445.481
et seq. or MCLA § 750.535, shall be denied a certificate
of registration for a period of five years after the conviction.
D.
The City Clerk shall issue the certificate of registration to the
applicant upon payment of the registration fee, and if the City Clerk
is satisfied that the applicant has met and will continue to meet
the requirements of this article, and if the City Clerk is satisfied
that the applicant's character and business history are satisfactory.
E.
Upon receipt of the certificate of registration, the dealer shall
post it in a conspicuous place in the dealer's place of business.
F.
A person must comply with the requirements of each state statute
and city ordinance relevant to the business being conducted. For example,
licensure as a precious metal and gem dealer does not exempt a person
from obtaining a license as a pawnbroker or a secondhand dealer. Licensure
as a secondhand dealer does not exempt a person from obtaining a license
as a pawnbroker or a precious metal and gem dealer. Licensure as a
pawnbroker does not exempt a person from obtaining a license as a
secondhand dealer or a precious metal and gem dealer.
G.
A certificate of registration under this article is not assignable
or transferable.
A.
A dealer shall maintain a record of each transaction as required
by MCLA § 445.484 et seq., as amended. If not otherwise
required by the applicable statute, the records shall include:
(1)
A photo of the property;
(2)
A description of the property to include the make, model, and serial
number if available and documentation of any unique identifiers such
as initials or names that are on the property;
(3)
The amount paid for the item;
(4)
The name, date of birth, driver's license number or State of
Michigan personal identification card number, and street and house
number of the customer; and
(5)
The right thumbprint of the customer. If it is not possible for the
individual to provide his or her right thumbprint, then another specifically
designated fingerprint shall be provided.
B.
Such records and each precious item received shall be open to an
inspection by the City Attorney, the Kalamazoo Department of Public
Safety, the City Clerk, the State Police, and the Kalamazoo County
Prosecuting Attorney at all times during the ordinary business hours
of the dealer. The records shall not be open to inspection by the
general public.
A.
Reports containing the information required in § 24-12A must be provided within 24 hours after the property is received using the website or program specified by the Kalamazoo Department of Public Safety. Information and assistance concerning the website or program shall be provided by the Kalamazoo Department of Public Safety.
B.
Violation of this section shall result in a municipal civil infraction
with a fine of up to $500.
Except as otherwise provided by state law, each record of a
transaction shall be retained by the dealer for not less than one
year after the transaction to which the record pertains.
A.
Except as otherwise provided, any licensee, dealer, employee, person
or entity who violates this article shall be guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not more than $500, or both.
B.
Prosecutions for misdemeanor violations of this article may be commenced
by summons and complaint or the issuance of an appearance ticket by
the Kalamazoo Department of Public Safety. Further, the City of Kalamazoo
may commence an action in Circuit Court for injunctive or other equitable
or legal relief to prevent a continuing violation of this article.
