(A) As used in this chapter, "pawnbrokers" mean those individuals identified in § 3 of Act No. 469, of the Public Acts 2002, being cited as M.C.L.A. § 446.203.
(B) A person, corporation, or firm shall not carry on the business of pawnbroker in the city without first having obtained a license as authorized by Act No. 469, of the Public Acts 2002, being cited as M.C.L.A. §§ 446.201 et seq.
(1) A license fee that shall be required to be paid to the city in order to acquire a pawnbroker license pursuant to this chapter shall be set by a resolution of the City Commission.
(2) As set forth in § 2 of Act 469 of Public Acts 2002, the bond that is required to be given to the city is $3,000.
(C) A pawnbroker shall comply with all of the requirements of Act No. 231 of the Public Acts of 1945,as amended, being cited as M.C.L.A. §§ 445.451 et seq., and Act No. 469 of thePublic Acts 2002, being cited as M.C.L.A. §§ 446.201 et seq.
(D) Every pawnbroker, except those exempted by operation of division (C), shall, within 48 hours, transmit to the Director of Public Safety by means of electronic transmission through a modem or similar device or by delivery of a computer disk, in such a format that the data are capable of direct electronic entry into the city's computerized systems for identifying pawned property, all transactions in whichthe pawnbroker received used goods the preceding day by pawn, trade, purchase, or consignment. A transaction reported by electronic transmission under this subsection shall not be reported on paper forms unless the Director of Public Safety so requests.
(E) When reporting, a thumbprint of the persons pawning property shall be electronically scanned and transmitted to the Director of Public Safety in the same manner as division (A).
(F) A pawnbroker need not report electronically transactions taking place at a business location where the number of pawn transactions in each 90 day period does not exceed ten. A pawnbroker reasonably believing a location at which he or she conducts a pawn shop qualifies under this subsection for exemption from computerized reporting and wishing to be exempt from the requirements of division (A) shall sign, under penalty of perjury, a declaration to the effect in a form developed by the Director of Public Safety or the Director of Public Safety's designee, and once the declaration is signed, so long as the volume of transactions does not exceed ten each 90 day period, pawn transactions taking place at that pawnshop need not be reported electronically, but shall be reported on paper forms.
(G) If a licensee under this chapter or any of his or her employees is found guilty of violating any of the provisions of this chapter, the Director of Public Safety shall report such violation to the City Clerk. The City Clerk shall:
(1) Notify the City Manager and the licensee and provide the licensee notice that the city intends to revoke his or her license; and
(2) Shall provide the licensee an opportunity to a hearing before the City Clerk. If the City Clerk determines that the licensee has been found guilty of violating any of the provisions of this chapter, the City Manager shall then revoke the license. The violator, upon such revocation, shall not be issued a license as a pawnbroker for a period of one year from the date of the revocation.
(Am. Ord. 888, passed 2-24-03; Am. Ord. 906, passed 2-14-05) Penalty, see § 110.99