our attorney's letter to city 2-14-24
DESCRIPTION
Our response letter to Donna Cronce challenging our fee for handling. City trying to apply ownership of merchandise on to the business only because of fee is received.TRANSCRIPT
Bobby Jean Bartlett
Attorney at Law
1444 Westbrooke Dr. (810) 706-0738
Lapeer, MI 48446 [email protected]
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