CITY OF NEW BUFFALO CODE OF ORDINANCES ARTICLE IV. PAWNBROKERS. Section 9-58. Definition. [Ord. 170, 6/12/2007] As used in this Article, "pawnbrokers" means those individuals identified in Section 3 <strong>of</strong> Act No. 469, <strong>of</strong> the Public Acts 2002, being cited as M.C.L.A. § 446.203. Section 9-59. Licensing and Bond. [Ord. 170, 6/12/2007] A. A person, corporation, or firm shall not carry on the business <strong>of</strong> pawnbroker in the <strong>City</strong> without first having obtained a license as authorized by Act No. 469, <strong>of</strong> 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 <strong>City</strong> in order to acquire a pawnbroker license pursuant to this chapter shall be set by a resolution <strong>of</strong> the <strong>City</strong> Council (between $50.00 and $500.00).; B. As set forth in § 2 <strong>of</strong> Act 469 <strong>of</strong> Public Acts 2002, before issuance <strong>of</strong> the license, the applicant shall pay to the <strong>City</strong> Treasurer an annual license fee in the amount determined under subsection (A)(1) and give a bond to the <strong>City</strong> in its corporate name, in the penal sum <strong>of</strong> $3,000.00, with at least 2 sureties, conditioned for the faithful performance <strong>of</strong> the duties and obligations pertaining to the conduct <strong>of</strong> the business and for the payment <strong>of</strong> all costs and damages incurred by any violation <strong>of</strong> this act. The governmental unit shall approve the bond. Section 9-60. Reporting Procedures. [Ord. 170, 6/12/2007] A. A pawnbroker shall comply with all <strong>of</strong> the requirements <strong>of</strong> Act No. 231 <strong>of</strong> the Public Acts <strong>of</strong> 1945, as amended, being cited as M.C.L.A. § 445.451 et seq., and Act No. 469 <strong>of</strong> the Public Acts 2002, being cited as M.C.L.A. § 446.201 et seq, B. Every pawnbroker, except those exempted by operation <strong>of</strong> Section 9-60, Subsection A, shall, within 48 hours, transmit to the Chief <strong>of</strong> Police by means <strong>of</strong> electronic transmission through a modem or similar device or by delivery <strong>of</strong> a computer disk, in such a format that the data are capable <strong>of</strong> direct electronic entry into the <strong>City</strong>'s computerized systems for identifying pawned property, all transactions in which the 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 <strong>City</strong> Manager so requests. C. When reporting, a thumbprint <strong>of</strong> the persons pawning property shall be electronically scanned and transmitted to the Chief <strong>of</strong> Police in the same manner as Subsection B. D. A pawnbroker need not report electronically transactions taking place at a business location where the number <strong>of</strong> 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 <strong>of</strong> Subsection A herein shall sign, under penalty <strong>of</strong> perjury, a declaration to the effect in a form developed by the Chief <strong>of</strong> Police or the Chief <strong>of</strong> Police's designee, and once the declaration is signed, so long as the volume <strong>of</strong> 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. E. If a licensee under this chapter or any <strong>of</strong> his or her employees is found guilty <strong>of</strong> violating any <strong>of</strong> the provisions <strong>of</strong> this chapter, the Chief <strong>of</strong> Police shall report such violation to the <strong>City</strong> Clerk. The <strong>City</strong> Clerk shall: (1) Notify the <strong>City</strong> Manager and the licensee and provide the licensee notice that the <strong>City</strong> intends to revoke his or her license; and, (2) Shall provide the licensee an opportunity for a hearing before the <strong>City</strong> Clerk. If the <strong>City</strong> Clerk determines that the licensee has been found guilty <strong>of</strong> violating any <strong>of</strong> the provisions <strong>of</strong> this chapter, the <strong>City</strong> Manager Chapter 9- LICENSES GENERALLY 9-13
CITY OF NEW BUFFALO CODE OF ORDINANCES shall then revoke the license. The violator, upon such revocation, shall not be issued a license as a pawnbroker for a period <strong>of</strong> one year from the date <strong>of</strong> the revocation. Section 9-61. Penalty. [Ord. 170, 6/12/2007] Any person violating any <strong>of</strong> the provisions <strong>of</strong> this chapter shall be held responsible for a municipal civil infraction and prosecuted in accordance with the Municipal Civil Infractions Ordinance. The fine for violation <strong>of</strong> a municipal civil infraction under this chapter shall be $100; the second violation, $250; and the third or any subsequent violation within any one calendar year, $500. Chapter 9- LICENSES GENERALLY 9-14
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