Municipal Code

CHAPTER 862 Precious Metal and Gem Dealers

862.01 Definitions.
862.02 Certificate of registration required; application; fee; issuance; display; notification of name or address changes.
862.03 Hours of operation.
862.04 Expiration and renewal of certificates of registration.
862.05 Revocation of certificates of registration.
862.06 Compliance with Zoning Code and other Village ordinances.
862.07 Compliance with Precious Metal and Gem Dealer Act.
862.99 Penalty.

CROSS REFERENCES
Pawnbrokers - see M.C.L.A. 445.471 et seq., 446.201 et seq.
Precious Metal and Gem Dealer Act - see M.C.L.A. 445.481 et seq.
Surety and fidelity insurance - see M.C.L.A. 500.628
Licensing in general - see B.R. & T. Ch. 810

862.01 DEFINITIONS.
As used in this chapter:
(a) “Agent or employee" means a person who, for compensation or other valuable considera-tion, is employed, either directly or indirectly, by a dealer.
(b) "Dealer" means any person who or which, in whole or in part, engages, in the ordinary course of repeated and recurrent transactions, in the buying or receiving of precious items from the public in the Village of Franklin.
(c) "Gold" means elemental gold having an atomic weight of 196.967 and the chemical element symbol of Au, whether found by itself or in combination with its alloys or any other metal or substance.
(d) "Jewelry" means an ornamental item made of a material that includes a precious gem.
(e) "Platinum" means elemental platinum having an atomic weight of 195.09 and the chemical element symbol of Pt, whether found by itself or in combination with its alloys or any other metal.
(f) "Precious gem" means a diamond, alexandrite, ruby, sapphire, opal, amethyst, emerald, aquamarine, morganite, garnet, jadeite, topaz, tourmaline, turquoise or pearl.
(g) "Precious item" means jewelry, a precious gem or an item containing gold, silver or platinum. "Precious item" does not include the following:
(1) Coins, commemorative medals and tokens struck by, or on behalf of, a government or private mint;
(2) Bullion bars and discs of the type traded by banks and commodity exchanges;
(3) Items at the time they are purchased directly from a dealer registered under this chapter, a manufacturer, or a wholesaler who purchased them directly from a manufacturer;
(4) Industrial machinery or equipment;
(5) An item being returned to or exchanged by the dealer from whom the item was purchased and which is accompanied by a valid sales receipt;
(6) An item which is received for alteration, redesign or repair in a manner that does not substantially change its use and is returned directly to the customer;
(7) An item which does not have a jeweler's identifying mark or a serial mark and which the dealer purchases for less than five dollars ( $5.00);
(8) Scrap metal which contains incidental traces of gold, silver or platinum which are recoverable as a by-product;
(9) Jewelry which a customer trades for other jewelry having a greater value, which difference in value is paid by the customer.
(h) "Silver" means elemental silver having an atomic weight of 107.869 and the chemical element symbol of Ag, whether found by itself or in combination with its alloys or any other metal.
(Ord. 134. Passed 12-14-81.)

862.02 CERTIFICATE OF REGISTRATION REQUIRED; APPLICATION; FEE; ISSUANCE; DISPLAY; NOTIFICATION OF NAME OR ADDRESS CHANGES.
(a) A dealer shall not conduct business in the Village of Franklin unless the dealer has first obtained a certificate of registration from the Chief of Police.

(b) A dealer shall apply to the Chief of Police for a certificate of regis¬tration by paying a fee of fifty dollars ($50.00) to cover the reasonable cost of processing and issuing the certificate and by completing an application form, disclosing the following information:
(1) The name, address and thumbprint of the applicant.
(2) The name and address under which the applicant does business.
(3) The name, address and thumbprint of all agents or employees of the dealer. Within twenty-four hours after hiring a new employee, the dealer shall forward to the local police agency the name, address and thumbprint of the new employee.

(c) Upon receipt of the certificate of registration fee and an application complying with the requirements of subsection (b) hereof, and after processing the application in accordance with the requirements of the Village of Franklin and Act 95 of the Public Acts of 1981, as amended, the Chief of Police shall issue to the dealer a certificate of registration.

(d) Upon receipt of the certificate of registration from the Chief of Police, the dealer shall post it in a conspicuous place in the dealer's place of business.

(e) Not less than ten days before a dealer changes the name or address under which the dealer does business, the dealer shall notify the Chief of Police of the change.
(Ord. 134. Passed 12-14-81.)

862.03 HOURS OF OPERATION.
(a) A dealer shall not be open to the public for the purchase, sale or receipt of any precious item or other thing on Sundays or between the hours of 9:00 p.m. and 9:00 a.m. Monday through Saturday.
(Ord. 134. Passed 12-14-81.)

862.04 EXPIRATION AND RENEWAL OF CERTIFICATES OF REGISTRATION.
All certificates of registration issued before December 31, 1982, shall expire on December 31, 1982. After December 31, 1982, all certificates of registration shall expire December 31 next following their issuance. Unrevoked certificates of registration may be renewed upon expiration by payment to the Chief of Police of an annual renewal fee of ten dollars ($10.00) and without further application.
(Ord. 134. Passed 12-14-81.)

862.05 REVOCATION OF CERTIFICATES OF REGISTRATION.
The Chief of Police shall revoke the certificate of registration issued under the provisions of this chapter when the dealer has been convicted, under Act 95 of the Public Acts of 1981, as amended, or under Section 535 of Act 328 of the Public Acts of 1981, as amended, of a misdemeanor within the previous year or of a felony within the previous five years. In cases where an agent or employee of a dealer has been so convicted, the Chief of Police shall notify the dealer in writing, sent by first class mail to the dealer's business address. The dealer shall not permit an agent or employee who has been so convicted to operate as a dealer in the dealer's business.
(Ord. 134. Passed 12-14-81.)

862.06 COMPLIANCE WITH ZONING CODE AND OTHER VILLAGE ORDINANCES.
This chapter shall not be construed to excuse a dealer from complying with the Village Zoning Code or any other Village ordinance.
(Ord. 134. Passed 12-14-81.)

862.07 COMPLIANCE WITH PRECIOUS METAL AND GEM DEALER ACT.
A dealer shall comply with all requirements of the Precious Metal and Gem Dealer Act, being Act 95 of the Public Acts of 1981, as amended.
(Ord. 134. Passed 12-14-81.)

862.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)