§ 26-181. Permanent record of each transaction.

(a)

A dealer shall maintain a permanent record of each transaction, on record of transaction forms provided for in subsection (f) of this section, legibly written in ink in the English language. Each record of transaction form shall be filled out in quadruplicate by the dealer or agent or employee of the dealer. One copy of the form shall go to the chief of police pursuant to subsection (c) of this section; one copy shall go to the customer; and one copy shall be retained by the dealer pursuant to subsection (e) of this section. At the time a dealer receives or purchases a precious item, the dealer or the agent or employee of the dealer shall ensure that the following information is recorded accurately on a record of transaction form:

(1)

The dealer certificate of registration number.

(2)

A general description of the precious item or precious items received or purchased, including the type of metal or precious gem. In the case of watches, the description shall contain the name of the maker and the number of both the works and the case. In the case of jewelry, all letters and marks inscribed on the jewelry shall be included in the description.

(3)

The date of the transaction.

(4)

The name of the person conducting the transaction.

(5)

The name, date of birth, driver's license number or state personal identification card number, and street and house number of the customer, together with a legible imprint of the right thumb of the customer, or if that is not possible, of the left thumb or a finger of the customer. However, the thumbprint or fingerprint shall only be required on the record of transaction form retained by the dealer. The thumbprint or fingerprint shall be made available to a police agency during the course of a police investigation involving a precious item or items described on the record of transaction. After a period of one year from the date of the record of transaction, if a police investigation concerning a precious item or items described on the record of transaction has not occurred, the dealer and any police agency holding a copy of the record of transaction shall destroy, and not keep a permanent record of, the record of transaction. A dealer who goes out of business or changes his business address to another local jurisdiction either within or out of this state shall transmit the records of all transactions made by the dealer within one year before his closing or moving, to the police department.

(6)

The price to be paid by the dealer for the precious item or precious items.

(7)

The form of payment made to the customer: check, money order, bank draft, or cash. If the payment is by check, money order, or bank draft, the dealer shall indicate the number of the check, money order, or bank draft.

(8)

The customer's signature.

(b)

The record of each transaction shall be numbered consecutively, commencing with the number "1" and the calendar year.

(c)

Within 48 hours after receiving or purchasing a precious item, the dealer shall send an electronic copy of the record of transaction form to the police department and, if the record of transaction form indicates that the customer resides outside the jurisdiction of the police department, shall send a copy of the record of transaction form to the police agency of the city, village, or township in which the customer resides as set forth on the record of transaction, or, if the city, village, or township does not have a police agency, to the sheriff's department of the county in which the customer resides as set forth on the record of transaction. The record of transaction forms received by the police department or sheriff's department shall not be open to inspection by the general public. Each police agency or sheriff's department holding a record of transaction forms shall be responsible for ensuring the confidentiality of the record of transaction forms and ensuring that the record of transaction forms are used only for the purpose for which they were received. The electronic submission shall be by means of a modern or similar device, and received in a format that allows the data to be entered into the Birmingham Police Department computerized system. The Birmingham Police Department shall notify all dealers of the name of its employee or contractor agent who is responsible for establishing the computer program systems for electronic submission and for providing information on the system to dealers. All dealers shall have the equipment, programs and/or electronic format installed in their place of business no later than July 1, 2014. All information required to be submitted to the Birmingham Police Department shall be by electronic form as of July 1, 2014. No paper forms will be accepted after July 1, 2014 unless the Birmingham Police Chief or his designee requires a paper submittal.

(d)

The record of transaction forms of a dealer and each precious item received shall be open to an inspection by the county prosecuting attorney, the city police department, the police agency or sheriff's department of the local governmental unit in which the customer resides, and the state police, at all times during the ordinary business hours of the dealer. As a condition of doing business, a dealer is considered to have given consent to the inspection prescribed by this subsection. The record of transaction forms of a dealer shall not be open to inspection by the general public.

(e)

Except as otherwise provided in this section, each record of a transaction shall be retained by the dealer for not less than one year after the transaction to which the record pertains.

(f)

The form of the record of transaction shall have an 8½ by 11-inch size and shall be as follows:

Record of Transaction Dealer Certificate #	# (printed on the form)	# (Transaction number printed on the form)
(1)	Description of Property
(2)	(Date), 20_______
(3)	(Name of Dealer/Employee)
(4)	(Name of Customer)	(Date of Birth), _______
	(Driver's license No./Mich. Personal ID Number)	(Street Address)
	(City & State)	(Zip)
(5)	(Price Paid)	(County of Residence)
(6)	(Check no., bank draft no., money order no., or cash)
(Name of police agency or city, village, or township in which customer resides)
	Thumbprint	(Signature of Customer)

 

As used in this section, the term "customer" means the person from whom the dealer or the agent or employee of the dealer receives or purchases a precious item.

(Ord. No. 2140, 3-10-14)

State Law reference— Similar provisions, MCL 445.484.

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