CHAPTER 836 Pawnbrokers; Secondhand Goods and Junk Dealers 836.01 Definitions; License required; issuance; fee; violations.

836.02 Identification and recordkeeping requirements. 836.03 Purchases from minors. 836.04 Exemptions 836.05 REPEAL OF PREVIOUS SECONDHAND GOODS AND JUNK DEALERS ORDINANCE 836.06 SEVERABILITY

836.99 Penalty. CROSS REFERENCES Pawnbrokers generally - see M.C.L.A. Sec., 446.201 et seq. Licensing in general; fees, bonds and insurance - see B.R. & T. Ch. 802 Secondhand goods and junk dealers - see MCL 445.401 et seq. 836.01 DEFINITIONS; LICENSE REQUIRED; ISSUANCE; FEE; VIOLATIONS. (a) Definitions (1) Except as otherwise provided herein, the definitions as used in Public Act 350 of 1917, being MCL 445.401, et seq., as amended, are hereby adopted by reference for the purposes of the business of Secondhand Dealer and Junk Dealer in this chapter. (2) Except as otherwise provided herein, Tthe definitions as used in Public Act 273 of 1917, being MCL 446.201, et seq., as amended, are hereby adopted by reference for the purposes of the business of Pawnbroker in this chapter. (3) Precious jewelry is jewelry that contains precious metals and/or gems as those terms are defined in 1981 PA 95, being MCL 445.481 et seq. (b) License required; issuance; fee; violations (1) No person shall engage in the business of pawnbroker or secondhand goods and junk dealer without first obtaining a license therefor from the City Clerks Office. Any Secondhand Goods and Junk Dealer license required to be issued by the Mayor under the provisions of Public Act 350 of 1917, as amended (M.C.L. 446.401 et seq.), or Pawnbroker license required to be issued by the Chief Executive Officer under the provisions of Public Act 273 of 1917 (MCL 446.201 et seq.), may be issued by the City

Clerk, or his or her designated representative, who is hereby authorized to act on behalf of the Mayor and the Chief Executive Officer, respectively. Except as otherwise specifically provided in this Chapter, application for, issuance of, denial of, suspension of, and revocation of the license shall be as provided for in Chapter 802 of these Codified Ordinances. If there is a conflict between provisions in Chapter 802 and this Chapter, the provisions of this Chapter shall apply. (2) The application form for the Secondhand Goods and Junk Dealer license and the Pawnbroker license shall require the information necessary to determine compliance with this Chapter and with Public Acts 273 and 350 of 1917 and shall be signed under oath by the licensee if a person, and if a corporation or other business entity, by an authorized representative. If the required information changes at any time after issuance of the license, the licensee shall provide updated information to the City Clerk within 14 days. (3) Licensure as a Precious Metal and Gem Dealer or Secondhand Goods and Junk Dealer does not exempt a person from obtaining a license as a Pawnbroker. Licensure as a Pawnbroker does not exempt a person from obtaining a license as a Precious Metal and Gem Dealer or Secondhand Goods and Junk Dealer. A person must comply with the requirements of each state statute and City ordinance relevant to the business being conducted. (4) The license shall designate the particular place in the governmental unit where that person, corporation, or firm shall conduct the business. A person, corporation, or firm receiving a license shall not conduct the business in any other place than the place designated in the license. (5) The term of license is 1 year, or portion of year, commencing May 1 and ending April 30 unless suspended or revoked for cause, and is not transferable. A license which has been suspended by the City Clerk may subsequently be reinstated by the City Clerk upon a showing to the City Clerk's satisfaction that the problems giving rise to the suspension have been rectified. A license which has been revoked may not be reissued or reinstated until a period of one year has expired from the date of revocation and the applicant has fulfilled all the requirements of this chapter, including the submission of a new application and application fee. [6] Before issuance of the license, the applicant shall pay to the City Treasurer an annual license fee and bond, if any, as provided for in Section 802.24. [7] A person with a conviction for a crime of theft or dishonesty within 5 years of the date of application for a license or date of employment, may not be a licensee or an employee of a licensee, of either a pawnbroker or a secondhand goods and junk dealer. unless recommended for approval by the Police Department. The application form used by the Clerk shall require the name and identifying information for each person who will be a licensee or an officer, partner, or other member of a corporation, partnership or other business entity holding the license, and of each person to be employed at the licensed business. It shall also provide authorization for the Clerk and/or the Police Department to run a criminal check for each of those individuals. The Police Department may recommend approval of a person with an otherwise prohibited conviction if it reasonably believes the person is not likely to be a further criminal risk based upon the age of the conviction, the severity of the crime, and the persons criminal record since the conviction.

(8) Any licensee violating any of the provisions of Public Act 273 of 1917, as amended, or Public Act 350 of 1917, as amended, MCL 750.535, or MCL 750.229, shall also be guilty of a violation of this chapter and punished as prescribed in Section 836.99 in addition to any other penalties provided by law.

836.02 IDENTIFICATION AND RECORDKEEPING REQUIREMENTS. (a) All pawnbrokers and all secondhand and junk dealers shall keep records of the identity of all persons with whom he or she does business and records of all property coming into his or her possession as required by Public Act 273 of 1917 and Public Act 350 of 1917, respectively. If not otherwise required by the applicable Public Act, the records shall include a photo of the property and shall keep a copy of the operators license, chauffeurs license, or state identification card, or if none of those are available, and a photo of the customer. and the property. No later than October 1, 2013, all reports required by law, along with the other information required under subsection A, must be electronically transmitted to the Chief of Police within twenty-four (24) hours, by means of electronic transmission through a modem or similar device in such a format that the data is capable of direct electronic entry into the Battle Creek Police Departments computerized system approved by the Chief of Police., including digital transmission of the required fingerprint. A transaction reported by electronic transmission under this subsection shall not be reported on paper forms unless the Chief of Police so requests. A person need not report electronically transactions taking place at a business location where the number of buy, consignment, or pawn transactions in each ninety (90) day period does not exceed ten (10). A person reasonably believing a location at which he or she conducts business qualifies under this subsection for exemption from computerized reporting and wishing to be exempt from the requirements of this section shall sign, under penalty of perjury, a declaration to that effect in a form developed by the Chief of Police or the Chiefs designee, and once the declaration is signed, so long as the volume of transactions does not exceed ten each ninety (90) day period, transactions taking place at that business need not be reported electronically, but shall be reported on paper forms and include all other required information. All licensees required to do so under this Chapter must commence electronic reporting to the Battle Creek Police Department within thirty (30) days of the effective date of this Ordinance. A fee as established by the City Commissioner in accordance with section 802.24 will be assessed per transaction. The licensee will be invoiced on a monthly basis.

(b)

(c)

(d)

(e) (f)

(g)(e) If another time is not specifically provided by applicable statute, Tthe articles purchased or exchanged by a Secondhand Goods and Junk Dealer or Pawnbroker shall be retained by the purchaser 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.

836.03 PURCHASES FROM MINORS. No person licensed under this chapter to engage in the business of a pawnbroker shall purchase, either directly or indirectly, or by his or her agent or clerk, any goods, thing, article or articles from a minor without the written consent of the parent or guardian of the minor. 836.04 EXEMPTIONS (a) An internet drop-off store in compliance with the requirements set forth in Public Act 273 of 1917 and Public Act 350 of 1917, as amended, is exempt from licensure as a pawnbroker or secondhand dealer of this Chapter. Organizations or businesses that receive donated or consigned clothing, accessories other than precious jewelry, and other sundries, to be sold, given away, or otherwise disposed of on site.

(b)

836.05 REPEAL OF PREVIOUS SECONDHAND GOODS AND JUNK DEALERS ORDINANCE The Secondhand Goods and Junk Dealers Ordinance previously found under Chapter 842 is hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation. 836.06 SEVERABILITY Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 836.99 PENALTY. Violations of this Chapter may result in one or more of the following penalties: (a) (b) (c) (d) Denial, suspension, or revocation of the license; Issuance of a Municipal Civil Infraction where specifically provided; Where no specific penalty is provided, the violation is a general Code penalty as provided for in 202.99; and All other civil and/or criminal remedies available under law.