Loading...
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) "Ancillary" means an auxiliary or subordinate operation that aids another business considered as principle and shall in no instance amount for greater than fifty percent of the business' gross revenues.
(b) "Category" means a general class to which a good belongs including, by way of example but not limited to: jewelry, clocks, guns, art work, sports equipment, garments, musical instruments, appliances, audio and visual equipment, computer equipment, books, furniture, sports memorabilia, videos, cd's, electronic games, tools, coins, etc.
(c) "Gross revenues" means the total amount of compensation (money or value of other considerations received) from selling goods or from performing services in the operation of the pawnbroker's principal business.
(d) "Pawnbroker" means any person, corporation, or member or members of a copartnership or firm, who loans money on deposit or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.
(Ord. 2008-02. Passed 6-3-08.)
The intent and purpose of this chapter is to regulate pawnbrokers as necessary to advance the public welfare, health, and safety; to limit the licensing of pawnbrokers to those persons who already have an established business within the corporate limits of the City other than as a pawnbroker; to limit the operation of a pawnbroker to accepting for pawn one category of goods sold in the course of business so that such service shall always be ancillary to the existing established business; to provide for the taking of fingerprints and the making of reports to enforcement officers; and to prescribe penalties for the violation of this chapter.
(Ord. 2008-02. Passed 6-3-08.)
(a) No person shall engage in the business of a pawnbroker, within the corporate limits of the City, without having first obtained a license therefor.
(b) This license shall be for the period of one year from the date of issuance, unless sooner revoked for cause, and shall not be transferable.
(c) This license shall designate the following:
(1) The particular place in the City where such person shall carry on the pawnbroker business.
(2) The name of the primary business established and operated by the person.
(3) The one category of goods to be accepted for pawn, except in cases where the provisions of this chapter regarding “primary,” “ancillary,” and “category” shall not be necessary and are inapplicable. The provisions of this chapter regarding “primary,” “ancillary,” and “category” are not necessary and are inapplicable if the applicant’s existing business:
A. Was established with an approved site plan pursuant to Chapter 1276, Site Plan Approval;
B. Is otherwise in compliance with State law governing pawnbrokers; and
C. Is also in compliance with Section 1234.12(d), Regulated Uses.
(Ord. 2012-07. Passed 11-5-12.)
(d) No such license shall be granted without the approval of the City Council nor until the applicant has complied with such of the following requirements of this chapter as are applicable to him.
(Ord. 2008-02. Passed 6-3-08.)
Every applicant shall:
(a) Obtain the certification of the Chief of Police.
(b) Furnish proof of an established primary business within the corporate limits of the City other than pawnbroker.
(c) Pay to the treasurer a nonrefundable annual license fee of fifty dollars ($50.00).
(d) Post a bond to the City in its corporate name, for the faithful performance of the duties and obligations pertaining to the business and for the payment of all costs and damages incurred by any violation of this chapter, in the penal sum of three thousand dollars ($3,000), with at least two sureties, which bond shall be approved by the City Council.
(Ord. 2008-02. Passed 6-3-08.)
(a) At the time a pawnbroker shall seek renewal of the license, each pawnbroker shall do so in a timely fashion.
(b) The City Council reserves the right to require financial records for its review as it may deem necessary to verify the pawnbroker's affidavit, which is to be provided annually to verify the percentage of business from principal or ancillary business.
(Ord. 2008-02. Passed 6-3-08.)
(a) At the time a pawnbroker shall receive any article of personal property, or other valuable thing by way of pledge or pawn, he shall keep a book, written in English, which shall include the following:
(1) A description of such article, a sequential transaction number, any amount of money loaned thereon; and
(2) The name, residence, general description and driver's license number, official state personal identification card number, or government identification number of the person from whom the article was received, and the day and hour when such property was received.
(b) The record, the place where such business is carried on, and all articles of property in that place of business are subject to examination at any time by the City Attorney, City Police Department, the County prosecuting attorney, or the Department of State Police.
(c) Upon the receipt of any article by way of pawn or pledge, the pawnbroker shall make a permanent record of the transaction on a form provided by the pawnbroker that substantially complies with the form described in State law, MCL 446.205(4). Each record of transaction shall be completed in duplicate by the pawnbroker, legibly in the English language, and shall contain all applicable information required to complete the record of transaction form referenced herein.
(d) The pawnbroker shall retain a record of each transaction and, within forty-eight hours after the property is received, shall send one copy of the record of transaction to the City Police Department.
(Ord. 2008-02. Passed 6-3-08.)
At the same time any pawnbroker shall receive any article of personal property or other valuable thing by way of pledge or pawn, he shall take in duplicate the legible imprint of the right thumb of the person from whom such property was received, or if that is not possible, of the left thumb or some other finger of such person. Such fingerprint shall be taken under such rules and regulations as prescribed by the Commissioner of the State Police. One copy shall be forwarded within forty-eight hours, together with a statement of the nature of the property received, to the Chief of Police.
(Ord. 2008-02. Passed 6-3-08.)
Loading...