[HISTORY: Adopted by the City Commission of the City of Royal Oak 8-31-1981 by Ord. No. 81-9. Amendments noted where applicable.]
GENERAL REFERENCES
Public auctions — See Ch. 201.
Disorderly conduct — See Ch. 278.
General licensing — See Ch. 425.
City Market — See Ch. 441.
Merchants and mercantile establishments — See Ch. 458.
Pawnbrokers — See Ch. 521.
Peddling, soliciting and transient merchants — See Ch. 526.
Secondhand good; junk — See Ch. 593.
As used in this chapter, 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 or coins made into jewelry.
The police agency of the City of Royal Oak.
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 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,[1] 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 which 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 which 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.
[1]
Editor's Note: See MCLA § 445.481 et seq., the Precious Metal and Gem Dealer Act.
The Director of Public Safety for the City of Royal Oak, or his or her designee, shall be responsible for reviewing all applications for a certificate of registration and upon approval shall transmit a copy of the application and the certificate of registration to the Clerk of the City of Royal Oak.
A.
A dealer who applies for a certificate of registration shall submit the following information on the form provided:
(1)
His or her name, home address, phone number, driver's license number, date of birth, and right thumb print (print to be affixed to the application by the Police Department). Applications for more than one establishment shall be made on separate application forms.
(2)
The name, address, telephone number, and hours of the dealer's business. If the dealer's business is a corporation, an updated copy of the articles of incorporation or a valid certified copy of the assumed name certificate from the Clerk of Oakland County must be provided.
(3)
The name, address, date of birth and right thumb print of each employee or agent of the dealer.
B.
The dealer shall also submit a signed statement indicating that he or she has read and understands the provisions of Act No. 95 of the Public Acts of 1981,[1] as provided by him or her by the Police Department, and further that said dealer has informed his or her agents or employees, and will immediately inform all new agents or employees as to the provisions of said Public Act No. 95 of 1981.
[1]
Editor's Note: See MCLA § 445.481 et seq., the Precious Metal and Gem Dealer Act.
C.
The dealer shall submit a signed statement that neither he nor she, nor any of his or her agents or employees, has ever been convicted of a felony under Act No. 95 of the Public Acts of 1981, or under Section 535 of Act No. 328 of the Public Acts of 1931, as amended,[2] within the five-year period preceding the date of the application, or convicted of a misdemeanor under said laws within a one-year period preceding the date of this application.
[2]
Editor's Note: See MCLA § 750.535.
D.
The dealer shall submit proof of proper zoning or other special exception permits as required by Chapter 770, Zoning.
E.
The dealer shall pay a fee of $50 for each licensed establishment in the City of Royal Oak.
F.
[3]
Editor's Note: Exhibit A is included at the end of this chapter.
G.
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.
H.
Not less than 10 days before a dealer changes the name or address under which the dealer does business, the dealer shall notify the local police agency of the change.
[Amended 11-18-2013 by Ord. No. 2013-23]
A.
A dealer shall maintain a permanent record of transaction provided for in Subsection F, legibly written in ink in the English language. Each record of transaction form shall be filled out in duplicate by the dealer or agent or employee of the dealer, with one copy going to the customer and one copy to be retained by the dealer pursuant to Subsection E. An electronic copy of the form shall be sent to the Royal Oak Police Department pursuant to Subsection F. At the time a dealer receives or purchases a precious item, the dealer or agent or employee of the dealer shall ensure that the following information is recorded accurately on a record of transaction form:
(1)
The dealer certificate or registration number.
(2)
A general description of the precious item or items received or purchased, including its type of metal or precious gem. In the case of watches, the description shall contain the name of the maker and the number of both the works and the case. In the case of jewelry, all letters and marks inscribed on the jewelry shall be included in the description.
(3)
The date of the transaction.
(4)
The name of the person conducting the transaction.
(5)
The name, date of birth, driver's license number, or State of Michigan personal identification card number and street and house number of the person with whom the transaction is being made, together with a legible imprint of the right thumb of the person with whom the transaction is being made, or if that is not possible, then the left thumb or a finger of that person. However, the thumbprint or fingerprint shall only be required on the record of transaction form retained by the dealer. The thumbprint or fingerprint shall be made available to the Police Department only during the course of an investigation involving a precious item or items described on the record of transaction. After a period of one year from the date of the record of transaction, if a police investigation concerning a precious item or items described on the record of transaction has not occurred, the dealer and the Police Department shall destroy, and not keep a permanent record of, the record of transaction. A dealer who goes out of business or changes his or her business address to another jurisdiction either within or out of this state shall transmit to the Police Department the records of all transactions made by the dealer within one year before his or her closing or moving.
(6)
The price to be paid by the dealer for the precious item or items.
(7)
The form of payment made to the customer (check, money order, or bank draft).
(8)
The customer's signature.
B.
The record of each transaction shall be numbered consecutively, commencing with the number and the calendar year.
C.
Within 48 hours after receiving or purchasing a precious item, the dealer shall send a copy of the transaction record to the Police Department electronically pursuant to Subsection F, and, if the record of transaction form indicates that the customer resides outside of the City of Royal Oak, to the police agency of the city, village, or township in which the customer resides as set forth on the record of transaction, or if that city, village, or township does not have a police agency, to the sheriff's office of the county in which the customer resides as set forth on the record of transaction. The record of transaction forms received by a police agency shall not be open to inspection by the general public. Each police agency shall be responsible for ensuring the confidentiality of the record of transaction forms and ensuring that the forms are used only for the purposes for which they were received.
D.
The record of transaction forms of a dealer and each precious item received shall be open to an inspection by the Oakland County Prosecuting Attorney, the Royal Oak City Attorney, the Royal Oak Police Department, the Oakland County Sheriff's Department and the Michigan State Police at all times during the ordinary business hours of the dealer. As a condition of doing business, a dealer is deemed to have given consent to the inspection prescribed by this subsection. The record of transaction forms of a dealer shall not be open to inspection by the general public.
E.
Except as otherwise provided in this section, 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.
F.
A dealer shall submit a record of transaction to the Royal Oak Police Department electronically within 48 hours after receiving or purchasing a precious item. The electronic submission shall be by means of modem or a similar device, and in a format that allows the Department to enter the data into its computerized system. The Department shall notify all dealers of the name of the employee or agent who is responsible for establishing the computer system for electronic transmission and for providing information on the system to dealers. All dealers shall have the equipment, programs and/or electronic format installed at their place of business no later than July 1, 2014. No paper forms will be accepted after this date unless the Department requires a paper submittal.
G.
A record of transaction shall be 8 1/2 inches by 11 inches and substantially in the following format:
| Record of Transaction | ||||
| Dealer Certification # (printed on form) | Transaction # (printed on form) | |||
| (1) | Description of property: | |||
| | ||||
| (2) | (Date) | (3) | (Name of dealer/employee) | |
| (4) | (Name of customer) | (Date of birth of customer) | ||
| (Customer's driver's license number or Michigan personal identification card number) | (Customer's street address) (City, state and zip code) (County of residence) | |||
| (5) | (Price paid) | (Name of police agency where customer resides) | ||
| (6) | (Form of payment) | |||
| (Thumbprint or fingerprint) | (Signature of customer) | |||
A precious item received by a dealer shall be retained by the dealer for seven calendar days after it was received, without any form of alteration other than that required to make an accurate appraisal of its value.
A dealer or an agent or employee of a dealer shall not:
A.
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.
B.
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.
The funds collected pursuant to this chapter shall be credited to the general fund of the Police Department for the administration of this chapter and shall be in addition to the Police Department's budget.
A person who violates this chapter shall be deemed guilty of a misdemeanor and, if convicted, may be subject to a fine of not to exceed $100 or by imprisonment not to exceed 90 days, or by both such fine and penalty in the discretion of the court.
