(A) 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.
(B) Within 48 hours after receiving or purchasing a precious item, the dealer shall send a copy of the record of transaction form to the Hamtramck Police Department and, if the record of transaction form indicates that the customer resides outside the jurisdiction of the city, the dealer shall send a copy of the record of transaction form 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 department of the county in which the customer resides as set forth on the record of transaction.
(1) Every licensee, owner and employee, shall keep a record of all persons and/or entities with whom business has transacted and all property coming into their possession. Reports must be electronically transmitted to the Police Chief or his or her designee. Within 48 hours of receipt by purchase, or otherwise of a precious item, a report must be transmitted by means of electronic transmission through a modem, or similar device in a format that the data is capable of direct electronic entry into the Hamtramck Police Department’s computerized system, as approved by the Police Chief, or his or her designee for identifying property coming into the possession of a licensor. A transaction report by electronic transmission under this division (B) shall not be reported on paper forms, unless the Police Chief, or his or her designee so requires. All dealers must have the equipment installed in their place of business no later than January 1, 2013. Information must be reported electronically beginning February 1, 2012.
(2) A fee as adopted and subject to change periodically by the City Council shall be assessed per transaction. The vendor will assess the property registration fee for each transaction, the licensee reports either through batch file upload, or directly using the vendor’s business interface or on the vendor’s automated reported service that involves transactions subject to the provision of this chapter.
(3) Transaction is defined as a single buy, or which may involve one or more items and does not include contract extension, or claims. The per transaction registration fee is not a per item fee, included in the transaction. It is within the sole discretion of the secondhand dealer whether to recover the fee from their customers for registering a transaction.
(4) The licensee will be invoiced on a monthly basis. The city’s vendor automated reporting service isolates and generates a list of the billable transactions will be used for deriving invoiced amounts. The above fees are assessed for the use of the standard vendor’s automated recording service. Any custom programming completed for the secondhand dealer will be negotiated on a contract basis and may result in additional licensing arrangements between the vendor and the licensor. Sales tax will be added to the above amounts where applicable. Failure to timely pay as invoiced is a violation of this chapter.
(C) The record of transaction forms received by a police agency or sheriff’s department shall not be open to inspection by the general public. Each police agency or sheriff’s department holding record of transaction forms shall be responsible for ensuring the confidentiality of the record of transaction forms and ensuring that the record of transaction forms are used only for the purpose for which they were received.
(Ord. 2013-008, passed 1-22-2013) Penalty, see § 115.999