[1]
Editor’s Note: Former Section 9-9-1, Scope of article,
was repealed 5-15-2012 by Ord. No. 2012-3003.
An application filed with the Village pursuant to Section 9-1-5 of this Code for an itinerant merchant or secondhand dealer shall include, in addition to the requirements set forth in Section 9-1-5 of this Code:
(A)
Identification of all vehicles proposed to be used in connection
with the proposed business;
(B)
The intended number of days on which the applicant will conduct the
proposed business; and
(C)
An acknowledgment that all sales that are made by the proposed business
within the Village will be reported for tax purposes as having been
made within the Village.
In addition to the criteria set forth in Section 9-1-7(B) of this Code, the Finance Director shall deny an application for a new or renewal business license for an itinerant merchant or secondhand dealer if the applicant has been convicted in the five years preceding the date of application of a felony or any other crime that includes, in its essential elements, the possession of stolen property.
[Amended 5-15-2012 by Ord. No. 2012-3003]
Every itinerant merchant shall keep a book in which there shall be made, at the time of the transaction, a record in English of every article received, purchased, sold or exchanged by the merchant, setting forth the following: the date of transaction, the name and residence of the purchaser or seller, and a brief description of the article sold or purchased, including identification numbers thereon, if any. The record kept pursuant to this Section 9-9-5 shall be open to inspection by officers of the Police Department at all reasonable times.
[Amended 5-15-2012 by Ord. No. 2012-3003]
(A)
No itinerant
merchant or secondhand dealer shall purchase any secondhand property
whatsoever from any minor without the written consent of the parents
or guardians of said minor.
(B)
No itinerant
merchant or secondhand dealer shall purchase any article of secondhand
property from any person who appears intoxicated or under the influence
of any drug.
(C)
No itinerant
merchant or secondhand dealer shall purchase any article of secondhand
property from any person known to be a thief or to have been convicted
of theft or burglary.
[Added 5-15-2012 by Ord. No. 2012-3003]
(A)
Filing of report.
[Amended 3-18-2014 by Ord. No. 2014-3087]
(1)
Every secondhand dealer shall, at the time of the transaction,
file in English, an electronic report identifying every article of
secondhand property received, purchased, sold or exchanged by the
secondhand dealer as part of the transaction. The electronic report
must be filed through an online computer database designated by the
Village. The report must set forth, without limitation: i) the date
of transaction; ii) the purchaser or seller's name, address of residence,
birth date, weight, height and gender; iii) a description of the secondhand
property sold or purchased; and iv) the following additional information:
(a)
The description of each article of secondhand property purchased
or sold by a licensed secondhand dealer shall include the secondhand
property's: a) brand name; b) model number or title, if available;
c) any serial number or other identification number installed by the
manufacturer; and d) a description of every other identifying marking,
such as an inscription, a name, nickname or address, appearing on
the item.
(b)
The description of each watch shall include: a) the brand name;
b) model number, if available; c) a description of the metal or metals
of its composition; d) a description of the band; e) a description
of the face by number, color and cut, shape and type of stone or stones,
if any; f) a description of any inscriptions appearing on the watch;
and g) a color photograph of the watch.
(c)
The description of each item of jewelry shall include; a) the
type of jewelry; b) a description of the metal or metals of its composition;
c) the weight of said metal or metals; d) the type, cut and shape
of each stone; e) a description of all inscriptions; f) if a ring,
its ring size; and g) a color photograph of the item.
(2)
In the event that a secondhand dealer is unable to access the database designated by the Village, the secondhand dealer must file with the Village Police Department, on the next business day following the date of the transaction a written report of each transaction, containing all of the information required pursuant to this Section 9-9-7(A).
(B)
In addition to the reports required pursuant to Section 9-9-7(A) of this Code, all secondhand dealers must also create and retain a receipt for each watch, item of jewelry, or other precious metals or precious stones received, purchased or exchanged by the secondhand dealer, which receipt must be signed by the seller under the penalty of law, and must contain the following: i) a description of such article of secondhand property, including its weight; ii) a statement indicating that the seller accepts the stated price received for said article of secondhand property; iii) a statement that the seller is of lawful age; iv) a statement that the driver's license number or other government-issued identification number and all other identifying information provided by the seller are true and correct; and v) a statement that the seller is the lawful owner of the article of secondhand property with absolute authority to sell such article.
[Amended 3-18-2014 by Ord. No. 2014-3087]
(C)
Every secondhand dealer shall require two forms of identification of each person selling an article of secondhand property to the secondhand dealer. At least one of the two forms of identification must list the person's name and address of residence. Except as provided in Section 9-9-7(D) of this Code, at least one of the two forms of identification must be a photographic identification issued by a federal, state or local governmental entity. Forms of identification may include, but are not limited to; a state driver's license, a state identification card, a passport, a military identification card, a social security card, or a credit card or utility bill. Every secondhand dealer shall make a copy of the seller's photographic identification and affix or maintain this copy with the secondhand dealer's sales records.
(D)
If the customer does not have a photographic identification card issued by a federal, state or local governmental entity, the secondhand dealer shall take a color photograph of the customer. On the reverse side of the photograph the secondhand dealer shall record the customer's name, address of residence, date of birth, gender, height and weight. Any photographs taken of a seller pursuant to this Section 9-9-7(D) shall be affixed or maintained with the secondhand dealer's sales records. Two forms of identification shall also be required. At least one of the two forms of identification must include the person's name and address of residence.
(E)
It shall be unlawful for any seller of secondhand property to submit false or fraudulent information required to be obtained and maintained by a secondhand dealer pursuant to this Section 9-9-7.[1]
[1]
Editor's Note: Former Subsection (F), which prohibited the
erasing, obliteration or defacing of any entries made in the book
of records, was repealed 3-18-2014 by Ord. No. 2014-3087.
[Added 5-15-2012 by Ord. No. 2012-3003; amended 3-18-2014 by Ord. No.
2014-3087]
All of the records required to be kept pursuant to Section 9-9-7 of this Code, and all secondhand property purchased by a secondhand dealer, shall be open to inspection by officers of the Police Department at any reasonable time upon request.
[Added 5-15-2012 by Ord. No. 2012-3003]
(A)
It shall be unlawful for any secondhand dealer licensed under this
chapter to advise or require any person selling, or desiring to sell,
any watch or jewelry to such secondhand dealer to: i) disassemble
such watch or jewelry; ii) remove any precious stone or gem from such
watch or jewelry; or iii) to make such disassembly or removal a condition
of purchase of such watch or jewelry by the secondhand dealer.
(B)
No secondhand dealer shall remove, alter or obliterate any manufacturer's
make, model, or serial number, personal identification number, or
identifying marks engraved or etched upon an article of secondhand
property that was purchased by the secondhand dealer within 10 days
after the acquisition of any such secondhand property by the secondhand
dealer.
(C)
No secondhand dealer shall take apart, disassemble, melt, remodel or rebuild any secondhand property within 10 days after the acquisition of any such secondhand property by the secondhand dealer, unless the dealer first; i) records in the book required pursuant to Section 9-9-7(A) of this Code that the secondhand dealer took apart, disassembled, melted, remodeled or rebuilt such secondhand property; and ii) takes and maintains a color photograph of the secondhand property.
(D)
All articles of secondhand property received by a secondhand dealer
shall not be sold, disposed of, or removed from the licensed premises
of a secondhand dealer for at least 30 days after receipt of such
article of secondhand property by the secondhand dealer; provided,
however, that a secondhand dealer may resell any used digital audio
disc or any used digital video disc after the date that is four days
after the dealer acquired the disc.
[Added 5-15-2012 by Ord. No. 2012-3003]
No secondhand dealer shall make use of any real property, other than that identified in the license issued to the dealer pursuant to Article 1 of Chapter 9 of this Code for the storage, handling or display of any secondhand article.
[Added 5-15-2012 by Ord. No. 2012-3003]
(A)
No person licensed as a secondhand dealer shall receive or hold a
license or permit to carry on the business of a pawnbroker or keeper
of a junk facility.
(B)
No secondhand dealer shall enter into any oral or written agreement
or understanding with the seller of an item of merchandise whereby
the seller receives or retains a right to repurchase the item that
is superior to the right of any other person willing to purchase such
item.
[Added 5-15-2012 by Ord. No. 2012-3003]
(A)
All secondhand dealers engaged in the business of purchasing, selling,
receiving, trading, consignment selling or otherwise transferring
any children's product shall obtain and maintain on file in paper
form in the licensed premises the recall notifications issued over
the preceding nine-year period by the United States Consumer Product
Safety Commission.
(B)
No secondhand dealer shall purchase, sell, receive, trade, place
on consignment or otherwise transfer any children's product that does
not contain the manufacturer's original label, tag or other identification
unless the secondhand dealer has documentation or photographic evidence
which establishes the identity of the product manufacturer.
[Added 5-15-2012 by Ord. No. 2012-3003]
In the event that any secondhand property purchased by a secondhand
dealer is later determined to have been stolen from its rightful owner,
the secondhand dealer shall immediately contact the police to make
arrangements to return the property to its rightful owner. Any secondhand
property determined to be stolen shall be returned to its rightful
owner without charge or fee.
