(a) 
The Township shall furnish forms for the taking of fingerprints and furnishing additional information as required by regulations of the Chesterfield Township Police Department. Every person licensed to conduct, maintain or engage in a business of pawnbrokers, secondhand dealer or junk dealer shall maintain in a form provided by the Chesterfield Township Chief of Police or his designee records in the manner and form as provided herein, which shall be subject to inspection by the Township Police Department upon request.
(b) 
Every licensee, owner and employee shall keep a record of all persons and/or entities with whom business has been transacted and all property coming into their possession. Reports must be electronically transmitted to the Chief of Police or his designee. Within 48 hours a report must be transmitted by means of electronic transmission through a modern or similar device in a format such that the data is capable of direct electronic entry into the Chesterfield Township Police Department's computerized system, as approved by the Chief of Police or his designee for identifying property coming into the possession of a licensor, including but not limited to all pawn property, all transactions in which used goods have been received the preceding day by pawn, trade, purchase, or consignment and items received by junk dealers. A transaction report by electronic transmission under this subsection shall not be reported on paper forms unless the Chief of Police or his designee so requires. All secondhand dealers, junk dealers and pawnbrokers must have the equipment installed in their place of business no later than October 1, 2012. Information must be reported electronically beginning October 1, 2012.
(c) 
A fee as adopted and subject to change periodically by the Township Board shall be assessed per transaction. The vendor will assess the property registration fee for each transaction the licensee reports either through batch file upload or directly using the vendor's business interface or on the vendor's automated reported service that involves transactions subject to the provision of this article.
(d) 
"Transaction" is defined as a single buy or which may involve one or more items and does not include contract extensions or claims. The per transaction registration fee is not a per item included in the transaction fee. It is within the sole discretion of the secondhand dealer whether to recover the fee from his or her customers for registering a transaction.
(e) 
The licensee will be invoiced on a monthly basis. The Township's vendor automated reporting service that isolates and generates a list of the billable transactions will be used for deriving invoiced amounts. The above fees are assessed for the use of the standard vendor's automated recording service. Any custom programming completed for the secondhand dealer will be negotiated on a contract basis and may result in additional licensing arrangements between the vendor and the licensor. Sales tax will be added to the above amounts where applicable. Failure to timely pay as invoiced is a violation of this article.
No entity or person who is not a licensed pawnbroker, secondhand dealer or junk dealer shall sell, offer for sale, advertise for sale or represent any article, personal property or other valuable thing for sale which is subject to the provisions of this article unless the proper license is in effect. No pawnbroker, secondhand dealer or junk dealer shall purchase or receive in pawn any item or other articles or keep for sale any such articles or items unless a current effective license is in effect.
It is unlawful for any person licensed under the provisions of this article or otherwise as a pawnbroker or secondhand dealer or used goods dealer, pursuant to state law, to transact business or to open or keep open the place or room where such business is conducted on any Sunday.
No licensee, employee or agent of a licensee shall sell or purchase by sale, barter, exchange, or otherwise any item under a license issued pursuant to this article from or to any person or entity between the hours of 9:00 p.m. and 7:00 a.m. of the following day. In addition, no person or entity shall purchase by sale, barter, exchange, or otherwise any junk between the hours of 6:00 p.m. and 7:00 a.m. the following day.
(a) 
No licensee or agent or employee shall conceal or misrepresent the identity by removing, concealing, defacing, adding to, substituting, or altering the serial number or manufacturer's number on any motor vehicle, motor, appliance, mechanical device, watch, clock, camera, precision instrument, outboard motor, radio, shotgun, or any other article or thing where the manufacturer has placed numbers for the purpose of identification; by altering or replacing any part of such article or thing bearing the serial or manufacturer's number with a new or replaced part upon which the proper serial number or manufacturer's number has not been stamped or placed.
(b) 
No person licensed under this article or employee of such licensed person shall deal in or possess any item as described hereinabove from which the serial numbers have been removed, concealed, defaced, added, substituted, altered, or replaced.
(c) 
In all prosecutions under this section, possession by any dealer, licensor, person or entity of an item from which the serial numbers or manufacturer's number or identification number has been removed, concealed, defaced, added, substituted, altered or replaced shall be prima facie evidence of violation of the provisions of this section.
No licensee under this article shall display merchandise or articles outside of the building or fail to change a window display at least twice monthly.
Whenever a law enforcement official from any agency notifies an auto salvage dealer, junk dealer, pawnbroker, secondhand dealer, or owner or employee of any of the foregoing, the item must not be sold or removed from the premises. If the hold was conveyed verbally, the hold shall be confirmed by the investigating agency within 72 hours, either in writing or by electronic transmission. The order to hold the item shall expire 60 days from the date it is placed, unless the holding agency seizes the item of evidence, or obtains other court order to hold the item, or determines that the hold is still necessary and notifies the business in writing, or by electronic transmission to continue to hold the item for an additional 60 days. Each licensee and owner shall be jointly and severally liable for holding such property.
(a) 
Items, goods, articles and junk purchased or exchanged shall be retained for not less than 15 days before disposal in an accessible place in the building where licensed activity occurs. A tag shall be attached to such item in some visible and conspicuous place with a number corresponding to the entry in the electronic record or other record provided. For items not recorded electronically, the purchaser shall prepare and deliver on Monday of each week, to the Chief of Police, or his designee, before noon, a legible and correct copy in the English language containing a description of each item and photograph purchased or received during the previous week, including the hour, day when purchased and a description of the person from whom it was purchased, including a copy of a photo identification. Such statement shall be verified by the affidavit of the licensee, employee or owner who received the item.
(b) 
Any person engaged in the business of buying, exchanging, collecting, receiving, storing or selling any used motor vehicles for the purpose of wrecking or salvaging parts therefrom shall report each such transaction to the Chief of Police or his designee within five business days, excluding Saturday and Sunday, from the date of the transaction. The report shall contain a description of each such motor vehicle acquired, including vehicle identification number, hour and date when purchased, a description of the person, including a copy of photo identification from whom it was acquired and a photo of the vehicle. Such reports shall be on forms approved by the Chief of Police or his designee and made under oath. Such vehicles shall not be disposed of or altered in any manner for a period of five days from the time the report is received by the Township.
No licensee, owner or employee shall receive any item, goods or junk from any person who at the time is intoxicated or appears to be under the influence of a controlled substance or is known to be a thief or receiver of stolen property or from any person who is suspected not to be the owner of the property or from any minor under the age of 18 years.
No licensee shall maintain a junkyard, junk shop, auto salvage yard or scrap metal yard or any other business unless the business is carried on entirely inside a building or unless the premises is conducted within an enclosed area, except for gates, or doors for ingress and egress by a suitable enclosure such as a fence or wall as approved by the Planning Commission for the Township of Chesterfield.
(a) 
All fences and enclosures shall be maintained in a neat and substantial manner, including but not limited to painting, removal, or replacement of dilapidated areas and maintenance of a continuous uninterrupted even perimeter of the same materials.
(b) 
No items, goods or junk shall be permitted to lean on or touch any such enclosure or be in front of or suspended on any such enclosure. Items may not be piled higher than two feet below the top of such enclosure, and items must be arranged so that safety aisles, driveways and uniform passageways are provided, allowing reasonable access to all parts of the premises by law enforcement and firefighting operations.
(c) 
All premises shall be maintained in a clean, sanitary and neat condition, and no fire shall be permitted unless a permit from the Fire Marshal and any other regulatory agency has been obtained and is in full force.
Scrap tires may only be stored after special land use approval by the Chesterfield Township Planning Commission under the standards for special land use approval and the Zoning Ordinance.
(a) 
Prior to any license being issued, the applicant shall furnish a corporate security bond, best A Rated, or better and the penal sum of $10,000 with sufficient sureties to be approved by the Township, which bond shall be conditioned that the owner, operator shall during the time of the license comply with all the laws of the State of Michigan and Township pursuant to this article and in regard to pawnbrokers, secondhand dealers, junk dealers, Precious Metal and Gem Dealers Act[1] of the state, as set forth, and the sale of Secondhand Watches Act[2] of the state as set forth, including any amendments to the foregoing state laws. Any person aggrieved by the action of the licensee shall have a right of action on the bond for recovery of money damages. Such bond shall remain in full force and effect for 90 days after the expiration or cancellation of any license, or after the termination of any action upon such bond.
[1]
Editor's Note: See MCLA § 445.481 et seq.
[2]
Editor's Note: See MCLA § 445.551 et seq.
(b) 
On the recommendation of the Building Inspector, Township Supervisor, or Chesterfield Township Police Department, an additional bond may be required in order to assure that the conditions at the site of the business are maintained from which the costs of any enforcement action shall be repaid to the Township in the event of any enforcement action for compliance with this article.
Each licensee and employee must comply with the terms of state laws, including but not limited to MCLA §§ 445.471 through 445.476 and any amendments thereto, the state act regulating pawnbrokers where applicable MCLA §§ 446.201 through 446.219 and any amendments thereto. Full compliance with the Precious Metal and Gem Dealer Act as set forth in MCLA §§ 445.481 through 445.492 and any amendments thereto is required. Compliance with the sale of Secondhand Watches Act, MCLA §§ 445.551 through 445.555 and any amendments thereto is required.
Every licensee and employee shall comply with all requirements for business location at which work occurs, pursuant to any license issued under this article, as provided in any applicable zoning ordinances of the Township.
No licensee, dealer, employee, person or entity shall purchase or receive any item or property on the premises or otherwise off premises associated with the business conducted on the premises from any person under the age of 18 years.
Any licensee, dealer, employee, person, or entity who violates the terms and provisions of this article shall be guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not more than $500, or both, plus costs. Any violation may also result in a suspension or revocation of such license as prescribed by statute and as otherwise imposed by the Chesterfield Township Police Department after notice of such proposed action at least seven days beforehand. The licensee shall be permitted a hearing before the Chief of Police and a right of appeal as prescribed for denial of the issuance of a license.