(a) A dealer shall maintain a permanent record of each transaction, a sample of which appears at the end of this chapter as Appendix II. Each such record shall be legibly written in ink in English and shall be filled out in triplicate by the dealer or an agent or employee of the dealer with one copy going to the Police Department, pursuant to subsection (c)hereof, one copy going to the customer and one copy to be retained by the dealer, pursuant to subsection (e)hereof. At the time a dealer receives or purchases a precious item, the dealer or the agent or employee of the dealer shall ensure that the following information is recorded accurately on a record of transaction form:
(1) The dealer's certificate of registration number;
(2) A general description of the precious item 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 personal identification card number and street and house number of the person with whom the transaction is made, together with a legible imprint of the right thumb of the person with whom the transaction is made. If that is not possible, then a legible imprint of the left thumb or a finger of that person shall be used. 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 a police investigation involving a precious item 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 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 who changes his or her business address to another local jurisdiction, either within or outside the State, shall transmit the records of all transactions made by him or her, within one year before his or her closing or moving, to the local police agency.
(6) The price to be paid by the dealer for the precious item;
(7) The form of payment made to the customer, such as check, money order, bank draft or cash. If the payment is by check, money order or bank draft, the dealer shall indicate the number of the 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 one and the calendar year.
(c) Within forty-eight hours after receiving or purchasing a precious item, the dealer shall send a copy of the record of transaction form to the Police Department. Such forms received by the Police Department shall not be open to inspection by the general public. The Police Department 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.
(d) The record of transaction forms of a dealer and each precious item received shall be open to an inspection by the County Prosecuting Attorney, the Police 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) The form of the record of transaction shall be provided by the dealer, shall be eight and one-half by eleven inches in size and shall be as set forth in Appendix II immediately following the text of this chapter.
(Ord. 415. Passed 9-8-81.)