(a) Definitions.
(1) Except as otherwise provided herein, the definitions as used in Public Act 350 of 1917, being M.C.L.A. Sec. 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, the definitions as used in Public Act 273 of 1917, being M.C.L.A. Sec. 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 M.C.L.A. Sec. 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 Clerk’s 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.A. Sec. 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 (M.C.L.A. Sec. 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 fourteen 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 one 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 five 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. 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.
(8) Any licensee violating any of the provisions of Public Act 273 of 1917, as amended, or Public Act 350 of 1917, as amended, M.C.L.A. Sec. 750.535, or M.C.L.A. Sec. 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.
(Ord. 10-2013. Passed 9-17-13.)