37.01 DEFINITIONS

37.02 ADMINISTRATION OF ORDINANCE

37.03 APPLICATION BY A DEALER

37.04 ALLOCATION OF FEES

37.01 DEFINITIONS:

(a) "Agent or employee" means a person who, for compensation or valuable consideration, is employed either directly or indirectly by a dealer.

(b) "Dealer" means any person, corporation, partnership, or association, which, in whole or in part, engages in the ordinary course of repeated and recurrent transactions of buying or receiving precious items from the public within this state.

(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.

(d) "Jewelry" means an ornamental item made of a material that includes a precious gem.

(e) "Local police agency" means the Public Safety Department, Village of Beverly Hills.

(f) "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.

(g) "Precious gem" means a diamond, alexandrite, ruby, sapphire, opal, amethyst, emerald aquamarine, marganite, garnet, hadeite, topaz, tourmaline, or pearl.

(h) "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 in behalf of, a government or private mint.

(2) Bullion bars and disc of the type traded by banks and commodity exchanges.

(3) Items at the time they are purchased directly from a dealer registered under this act, 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 at the dealer where 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 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 $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, and which difference in value is paid by the customer.

(i) "Silver" means elemental silver having a 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.

37.02 ADMINISTRATION OF ORDINANCE

The Director of Public Safety for the Village of Beverly Hills or his designee shall be responsible for reviewing all applications for a certificate of registration and upon approval shall transmit a copy of the application and the certificate of registration to the Clerk of the Village of Beverly Hills.

37.03 APPLICATION BY A DEALER

(a) A dealer who applies for a certificate of registration shall submit the following information on the form provided:

(1) His or her name, home address, phone number, driver's license number, date of birth, and right thumb print (print to be affixed to the application by the Public Safety Department). Applications for more than one establishment shall be made on separate application forms.

(2) The name, address, telephone number, and hours of the dealer's business. If the dealer's business is a corporation, an updated copy of the Articles of Incorporation or a valid certified copy of the assumed name certificate from the Clerk of Oakland County must be provided.

(3) The name, address, date of birth, and right thumb print of each employee or agent of the dealer.

(b) The dealer shall also submit a signed statement indicating that he or she has read and understands the provisions of Act No. 95 of the Public Acts of 1981, as provided to him or her by the Public Safety Department, and further that said dealer has informed his or her agents or employees, and will immediately inform all new agents or employees, as to the provisions of said Public Act 95 of 1981.

(c) The dealer shall submit a signed statement that neither he or she, nor any of his or her agents or employees has been convicted of a felony under Act. No. 95 of the Public Acts of 1981, or under section 535 of act No. 328 of the Public Acts of 1931, as amended, within the five year period preceding the date of the application, or convicted of a misdemeanor under said laws within a one year period preceding the date of this application.

(d) The dealer shall submit proof of proper zoning or other special exception permits as required by the Zoning Board of Appeals or Planning Board of the Village of Beverly Hills.

(e) The dealer shall pay an annual fee of Fifty ($50.00) Dollars or such fee as established by resolution of the Village Council of Beverly Hills from time to time in compliance with Public Act 95, of 1981 for each licensed establishment in the Village of Beverly Hills.

37.04 ALLOCATION OF FEES

The funds collected pursuant to this ordinance shall be credited to the revenue of the Public Safety Department, for the administration of this ordinance.