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Any person, corporation, partnership, copartnership or firm whose business in whole or in part is that of purchasing, selling, exchanging, storing or receiving secondhand articles of any kind is declared to be a secondhand dealer or junk dealer; provided, that this definition shall not apply to retail merchants who repossess their own merchandise sold on a title retaining contract or chattel mortgage basis or who accept merchandise as a part payment on new sales.
(Ord. 426, passed 5-26-1941; Ord. 1261, passed 3-14-1955; Ord. 2945, passed 3-11-1985)
Application for such license shall be made to the City Clerk upon blanks to be provided. The applicant shall state his name, whether a person, firm or corporation, the place at which such business is to be conducted or maintained, the number and description of vehicles to be used in the conduct of the business, and the applicant’s residence for a period of three years preceding such application. The application so received by the City Clerk shall be referred to the City Administrator and by him to the Divisions of Fire, Police, and Building and Safety Inspections, for the purpose of investigation of the applicant, inspection of vehicles, and the premises, to be used in the conduct of the business.
After receipt of the Divisions’ recommendations, the application shall be submitted to the City Council, accompanied by evidence that the business premises have been inspected within the preceding six months and found to be in compliance with all applicable ordinances and licensing requirements. The City Council, upon a determination that the applicant is of good moral character, and has not been convicted of any recent felony and/or misdemeanor offense related to the person’s likelihood to serve the public in a fair, honest and open manner and that no such person is an officer, partner or owner of a company who may be applying, shall grant a license to said applicant. The sole power to grant licenses hereunder is vested in the City Council. Licenses granted by the City Council shall be issued by the City Clerk.
(Ord. 426, passed 5-26-1941; Ord. 1605, passed 10-17-1960; Ord. 2945, passed 3-11-1985)
(a) The fees for licenses issued under this division shall be as specified in Chapter 26.
(b) No person that is entirely devoted to charitable or religious purposes and whose entire income is devoted to charitable and religious purposes shall be subject to the fees prescribed for a license under this section. Such fees are hereby waived as to such person; provided, that as such person shall apply for and obtain a license as provided in this section.
(c) The fees for inspections required by § 12-56 of this chapter shall be included in the license fee specified in Chapter 26. The fees for inspections required by a violation of this article shall be charged in addition to those set forth above, and shall be double the amount set forth in Chapter 26 for any subsequent violations to cover the cost of follow-up inspections and reports required.
(Ord. 426, passed 5-26-1941; Ord. 1763, passed 4-20-1964; Ord. 2945, passed 3-11-1985)
(a) No person known to be a thief or an associate of thieves, an habitual drunkard, a receiver of stolen property or incapable of keeping the records and making the reports provided for in this article shall be deemed to be a suitable person to receive a license as an auto salvage dealer, scrap iron and metal processor or recycler, secondhand dealer, junk dealer or pawnbroker.
(b) Any person, corporation, partnership, copartnership or firm to whom a license as such may have been granted may have his license suspended or revoked by the City Council at any time that the City Council may deem or determine that the licensee is not in compliance with § 12-56, or has been convicted of any violation of this article after reasonable notice and opportunity to be heard before such City Council or a hearing panel of the Council in accordance with the rules for hearings previously adopted by the Council.
(c) In case any person, corporation, partnership, copartnership, firm, or any clerk, agent, servant, or employee of the person, corporation, partnership, copartnership or firm shall be found guilty of violating §§ 12-64, 12-65 or 12-66 hereof or MCLA §§ 445.401 et seq. or MCLA §§ 446.201 et seq., in a court of competent jurisdiction, the license issued to such entity shall be deemed to be revoked ipso facto and such entity shall not be permitted to carry on such business within the City for a period of one year after such conviction.
(Ord. 426, passed 5-26-1941; Ord. 2945, passed 3-11-1985; Ord. 3575, passed 6-30-2004)
All vehicles and premises licensed, used or intended for use in connection with a license granted under this article shall be inspected before a license is issued or renewed.
(Ord. 426, passed 5-26-1941; Ord. 1605, passed 10-17-1960; Ord. 2945, passed 3-11-1985)
Each licensee shall receive a metal tag for each vehicle licensed under the terms of this ordinance and said tag shall be attached to the vehicle. The design of the license tag shall be changed annually and said tag shall be issued by the City Clerk.
(Ord. 426, passed 5-26-1941; Ord. 1605, passed 10-17-1960)
Any applicant seeking to establish an auto salvage yard, scrap yard, junk shop or junk yard in a location not previously used for that purpose, or any licensee seeking to move or establish a junk shop or junk yard in a location not previously used for that purpose, shall first obtain the consent in writing of sixty-five percent of the owners of residential property within three hundred feet of any part of the area in which the proposed business is to be conducted. Such area shall include any portion to be used for the storage of any property in connection with such proposed business. A junkyard shall not be located as to seriously expose adjacent properties.
(Ord. 426, passed 5-26-1941; Ord. 1605, passed 10-17-1960; Ord. 2945, passed 3-11-1985)
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