§ 32-2. Certificate of registration.

(a)

A dealer shall not conduct business in the city unless the dealer has obtained a valid certificate of registration from the police department.

(b)

This section does not require an internet drop-off store complying with subsection (c) of this section, or a person engaged in the sale, purchase, consignment, or trade of precious items for himself, to obtain a registration under this chapter.

(c)

An internet drop-off store in compliance with the following conditions is exempt from registration as a dealer under this chapter:

(1)

Has a fixed place of business within this city except that he exclusively transacts all purchases or sales by means of the internet and the purchases and sales are not physically transacted on the premises of that fixed place of business.

(2)

Has the personal property or other valuable thing available on a website for viewing by photograph, if available, by the general public at no charge, which website shall be searchable by zip code or state, or both. The website viewing shall include, as applicable, serial number, make, model, and other unique identifying marks, numbers, names, or letters appearing on the personal property or other valuable thing.

(3)

Maintains records of the sale, purchase, consignment, or trade of the personal property or other valuable thing for at least two years, which records shall contain a description, including a photograph, if available, and, if applicable, serial number, make, model, and other unique identifying marks, numbers, names, or letters appearing on the personal property or other valuable thing.

(4)

Provide the police department with any name under which it conducts business on the website and access to the business premises at any time during normal business hours for purposes of inspection.

(5)

Within 24 hours after a request from the police department, provide an electronic copy of the seller's or consignor's name, address, telephone number, driver license number and issuing state, the buyer's name and address if applicable, and a description of the personal property or other valuable thing as described in subsection (c)(3) of this section. The provision of information shall be in a format acceptable to the police department but shall at least be in a legible format and in the English language.

(6)

Provide that payment for the personal property or other valuable thing is executed by means of check or other electronic payment system, so long as the payment is not made in cash. No payment shall be provided to the seller until the item is sold.

(7)

Immediately remove the personal property or other valuable thing from the website if the police department determines that the personal property or other valuable thing is stolen.

(d)

A dealer shall apply to the police department for a certificate of registration, and pay a fee of $50.00 to cover the reasonable cost of processing and issuing the certificate of registration, by disclosing the following information:

(1)

The name, address (including e-mail address) and thumbprint of the applicant.

(2)

The name and address under which the applicant does business.

(3)

The name, address (including e-mail address), and thumbprint of all agents or employees of the dealer.

Within 24 hours after hiring a new employee, the dealer shall forward to the local police agency the name, address (including e-mail address), and thumbprint of the new employee.

(e)

A dealer or an agent or employee of a dealer who is convicted of a misdemeanor under this chapter, or under Public Act No. 95 of 1981 (MCL 445.481 et seq.), or under section 535 of the Michigan penal code, Public Act No. 328 of 1931 (MCL 750.535), shall not be permitted to operate as a dealer within this city for a period of one year after conviction.

(f)

A dealer or an agent or employee of a dealer who is convicted of a felony under this chapter, or under Public Act No. 95 of 1981 (MCL 445.481 et seq.), or under section 535 of the state penal code, Public Act No. 328 of 1931 (MCL 750.535), shall not be permitted to operate as a dealer within this city for a period of five years after the conviction.

(g)

This chapter shall not be construed to excuse a dealer from complying with the zoning ordinance or any city ordinance regulating commercial activities.

(h)

Upon receipt of the application described in subsection (d) of this section, the police department shall issue a certificate of registration in accordance with this section.

(i)

Upon receipt of the certificate of registration from the police department, the dealer shall post it in a conspicuous place in the dealer's place of business.

(j)

Not less than ten days before a dealer changes the name or address under which the dealer does business, the dealer shall notify the police department of the change.

(Code 1978, § 7-322; Ord. No. 81-20, § 4, 9-8-1981)

State law reference

Similar provisions, MCL 445.483.