our attorney's letter to city 2-14-24

Bobby Jean Bartlett

Attorney at Law

1444 Westbrooke Dr. (810) 706-0738

Lapeer, MI 48446 bobbyjean_bartlett@yahoo.com

Donna L. Cronce, MMC

City Manager’s Office

576 Liberty Park

Lapeer, MI 48446

February 4, 2014

Ms. Cronce:

This letter is in response to your letter sent to Mr. Robert Benson dated January 22, 2014

concerning a Secondhand Dealer License for both: Pieces of Lapierre and The Peddler’s Place. I

have been retained to represent Benson Enterprises, LLC in this matter, which is the parent

company for both Pieces of Lapierre and The Peddler’s Place. Enclosed you will find the

appropriate documentation.

As to the Secondhand License, Benson Enterprises, LLC fully intends to be in full compliance

with the laws concerning this license. However, there seems to be some confusion as to the need

of a secondhand license. According to MCL 445.403(f), a secondhand license would be required

if Benson Enterprises, LLC was actually selling secondhand merchandise. At this time, Benson

Enterprises is only a consignment shop. They are not buying or selling from the public. Benson

Enterprises is only facilitating the sale of the secondhand item. They do not own the items, thus

they are not the ones selling the items. The actual owner of each item is actually selling the item,

while Benson Enterprises receives a commission for facilitating the sale. If the item does not

sell, Benson Enterprises returns the item to the actual owner.

Further, much of Benson Enterprises, LLC operations at the Peddler’s Place is subleasing of

“booth space” to people/business. These people pay a monthly fee to have their items on display

for sale. Again, The Peddler’s Place facilitates the sale of these items. Each booth “owner” is

responsible for each display and inventory. The Peddler’s Place retains no ownership from any

item in the store.

Since Benson Enterprises, LLC is not purchasing any item from the public, both myself and the

members of Benson Enterprises, LLC are unclear of any reporting requirements or city fees at

this time. It is our understanding that a company/person with a secondhand license needs to keep

a record of all purchases made from the public to resell. Currently, there would be no records

that would need to be kept for inspection by the local authorities.

Sincerely,

Bobby Jean L. Bartlett