[HISTORY: Adopted by the City Council of
the City of Bloomington, as last amended 12-11-2023 by Ord. No. 2023-112.[1]]
[1]
Editor's Note: This chapter was previously amended by Ord. No. 1991-101; Ord.
No. 1996-111; Ord. No. 2018-89; and Ord. No. 2000-160.
For the purpose of this chapter the following terms shall mean:
Any article having an age of 50 years or more.
Any person who, at public outcry, offers for sale to the
highest bidder any goods, wares, or merchandise or real estate for
profit.
A change in the form of ownership, e.g., from an individual
or partnership or entity or from a partnership to an individual;
A change from an individual to a partnership or a change in
a partnership such as the addition or deletion of any partner; or
In an entity, the transfer of over 5% of the stock thereof except
for those listed on a national stock exchange in which event the transfer
of a controlling interest or over 50% of the stock thereof.
Any person who as a part of their regular business deposits
or pledges any personal property or thing of value with a licensee,
on condition of obtaining or recovering the property back again at
a stipulated price; or
Any person who sells any personal property or thing of value
to a licensee; or
Any person who shall be paid an advance on the consignment of
any merchandise to be sold by a licensee; or
Any person who shall sell pawn tickets to a licensee so that
the licensee may redeem and resell that merchandise; or
Any person who shall renegotiate, with a licensee, a pawn loan
between themselves and other licensee; or
An organization that has an identity separate from those
of its members, including, but is not limited to, corporations, limited
partnerships, limited liability companies, or limited liability partnerships.
Any person who as a part of their regular business keeps
a junk store or junkyard for the purchase and sale of junk, rags,
old rope, paper, bagging, old iron, brass, copper, tin, slush, lead,
or other articles of like nature on the condition of selling or trading
the article later.
Any person who as a part of their regular business loans money
on the deposit or pledge of any personal property or thing of value,
on the condition of redelivering or selling the article back again
at a stipulated price.
Any person who shall pay cash advances on the consignment of
merchandise to be sold.
Any person who as a part of their regular business practice
shall buy pawn tickets from individuals so as to redeem and resell
that merchandise.
Any person who shall as a part of their regular business renegotiate
pawn loans between individuals and other pawnbrokers.
Any person who as a part of their regular business engages
in buying, selling, or in any way dealing with used goods of any kind.
Any sale, loan, pledge, or deposit of any personal property
or thing of value between a customer and a licensee as a part of the
licensee's regular business; or
Any advance payment on the consignment of any merchandise between
a customer and a licensee; or
Any sale of pawn tickets by a customer to a licensee for the
purposes of redemption and resale of the pawned merchandise; or
Any renegotiation of a pawn loan by a customer and a licensee
of a pawn loan between said customer and any other licensed pawnbroker;
or
A visual rendition including, but not limited to, a painting,
drawing, sculpture, mosaic, videotape, or photograph.
A work of calligraphy.
A work of graphic art including, but not limited to, an etching,
lithograph, serigraph, or offset print.
A craft work in materials including, but not limited to, clay,
textile, fiber, wood, metal, plastic, or glass.
A.
It shall be unlawful for any person or entity to engage in the business
of pawnbroker, auctioneer, junk dealer, or secondhand dealer without
first obtaining a license from the City Clerk.
B.
A license may be granted to any person who sells or intends to sell
secondhand goods from a fixed location for a period exceeding 15 consecutive
days in a calendar year with the exception of pawnbrokers where a
license must be held at all times when operating.
C.
Bona fide estate liquidators and estate executors, the sale of vehicles,
or parts thereof, mobile homes, boats, books, trading cards, clothes,
coins or stamps, antiques, works of art, records, or tapes, refrigerators,
ranges and ovens, washers and dryers and furniture are exempt from
this ordinance.
D.
Garage, patio, and residence sales are exempted from the terms of this chapter and are regulated instead by the terms of § 44-405A, of the Bloomington City Code.
E.
No licensee shall purchase, sell, trade, or deal in any way with
firearms of any kind without first obtaining a federal firearms license
for the proper class in which they desire to deal.
A.
All applicants and employees for license shall provide the City Clerk
and the Police Department two separate forms of identification. The
applicant and employees will also submit to a mug shot and a complete
set of fingerprints. Applicants and employees will submit to a complete
criminal history check. Anyone who has been convicted of any felony
under the laws of the State of Illinois or any other state or federal
laws of the United States or of a misdemeanor for any of the offenses
under the category of theft, retail theft, and deception as defined
in the Illinois Criminal Code or equivalent statutes in other jurisdictions,
shall not be employed or be the proprietor of a pawn, junk, or secondhand
shop unless such conviction was five or more years prior to the date
of application for a license and such person has been sufficiently
rehabilitated to warrant the public trust. The City Clerk shall review
the application of such person and make a determination of whether
that person has been sufficiently rehabilitated. The City Clerk may
consider the length of time that has passed between the application
and any such conviction, the number of such convictions and the applicant's
employment record in making such determination, and in making said
decision shall receive counsel from the Chief of Police and Corporation
Counsel.
B.
All applicants shall, as a condition for the granting of a license
and on a portion of the application provided by the City Clerk, agree
that in the event the applicant as licensee receives merchandise of
any kind which is stolen, they claim no right, title or interest in
or to said merchandise, and that upon request by law enforcement officers
having jurisdiction over the location of their place of business,
they will voluntarily surrender said merchandise to the possession
of that law enforcement agency when given a receipt for same.
C.
This chapter shall not apply to retailers who primarily sell unused
goods, who in the course of selling such unused goods occasionally
receive used goods as partial consideration for the sale of such unused
goods.
D.
Applications for creation of licenses shall be made upon forms prepared
and furnished by the City Clerk. Each application shall be signed
and verified upon the oath or affirmation of an owner, an authorized
agent, or managing member of the applicant. Such application shall
be submitted and filed with the City Clerk after payment to the City
of an application fee as set forth in the Schedule of Fees. Each application
shall contain the following information and statements:
(1)
The name, date of birth, and address of the applicant in the case
of an individual; in the case of a partnership, the persons entitled
to share in the profits thereof; and in the case of an entity, the
date of incorporation, the objects for which it was organized, the
names and addresses of the officers and directors, and if a majority
in interest of the stock of such entity is owned by one person or
their nominees, the name and address of such person;
(2)
The entity name, registered DBA (doing business as)/assumed name,
establishment address and phone number;
(3)
An email address to be used for all licensing communications;
(4)
The location and description of the premises and place of business
which is to be operated under such license;
(5)
A statement whether the applicant has made a similar application
for a similar license on premises other than described in this application
and the disposition of such application;
(6)
Whether a previous license by any state or subdivision thereof or
by the federal government has been revoked and reasons therefor;
(7)
A statement that the applicant will not violate any of the laws of
the State of Illinois or of the United States or any ordinance of
the City in the conduct of their place of business.
|
If an entity, the applicant must be in good standing with the
State of Illinois before a license will be issued.
|
E.
The following must be submitted as supplemental documentation to
the application provided by the City Clerk:
F.
Disqualification for license. No such license shall be issued to:
(1)
A person whose license issued under this ordinance has been revoked
for cause;
(2)
A person who, at the time of application for renewal of any license
hereunder, would not be eligible for such license upon a first application;
(3)
A person who does not own the premises for which a license is sought
or does not have a lease thereon for the full period for which the
license is to be issued; and
(4)
Any person who fails to furnish or falsely furnishes information
or who fails to make or falsely makes statements required in the application
for a license as set forth in this chapter.
G.
Renewals. All applications for the renewal of a license shall be
made in writing to the City Clerk not later than December 1 of each
year. If the information and statements contained in the original
application have not changed, in lieu of an application for renewal,
a licensee may file with the City Clerk not later than December 1
of each year, an affidavit stating that such facts and statements
have not changed.
A.
The fee to be paid for the license herein required shall be an amount
as set forth in the Schedule of Fees per year payable in advance and
no license shall be issued until such fee has been paid. When a license
is created by the City Clerk and is subsequently issued, the license
fee shall be prorated on the basis of the remaining days of the calendar
year in which the license is issued. Application fees shall not be
prorated. The license shall expire on December 31st of the year in
which it is issued. In the event of revocation or surrender of a license,
no unearned portion of the license fee shall be refunded.
B.
Each renewal license fee must be received by the City Clerk not later
than December 1 unless the first falls on a holiday, in which case
license fees may be received by the Clerk on the following business
day. If a license fee is received late, the license holder must pay
a late fee in the amount of 10% of the invoiced license fee and may
be subject to the renewal license being denied.
It shall be unlawful for any licensee under this chapter to
receive any articles in the course of their business from any person
who is in an intoxicated condition, a minor, or who is known or suspected
to have acquired and be disposing of such articles unlawfully.
A.
Every licensee under this chapter shall keep and preserve a book
or record legibly and accurately describing in the English language
each and every article pawned, consigned, or sold and the amount of
money loaned, paid, agreed to, or given for said article. Each record
shall also include the time of the transaction; the name, address,
telephone number, age, description, height, and weight of the person
pawning, consigning, or selling the articles; and, if applicable,
the number of the pawn ticket issued therefor.
B.
In the event of pawning, prior to completing the transaction, a valid
Illinois drivers license or two separate and valid forms of identification
of the person pawning items shall be recorded along with the above
information. Pawnbrokers shall also keep video records of each customer
and each article pawned or purchased by video taken of the person
and of the article(s) pawned. These records shall be accessible by
name of the person pawning or selling the article and by the article
type. The video record shall be kept by the licensee for a period
of not less than 60 days.
All property received by a licensee under this chapter shall
be held intact by the licensee for at least 72 hours after time of
purchase. Whenever any licensee receives written notice, either from
the Police Department or from any individual, that someone is maintaining
claim of right to possession of the property adverse to the licensee,
the licensee shall keep the property in their possession or turn it
over to the Police if so required by the Chief of Police.
No licensee shall accept as collateral security or for purchase
any property of the type given manufacturer's serial numbers
or other identifying insignia unless such property shall have plainly
visible thereon the manufacturer's serial number or other identifying
insignia.
No licensee shall purchase, sell, trade, or deal in any way
with firearms of any kind without first obtaining a federal firearms
license for the proper class in which they desire to deal.
A.
Each person or entity having a license shall obtain and at all times
maintain in effect a penal bond to the City of Bloomington in the
sum of $5,000 from a solvent surety company licensed to do business
in the State of Illinois and each such bond is subject to being approved
by the Corporation Counsel. Each bond shall be filed with the City
Clerk before a license to which the bond applies is issued and shall
be conditioned upon compliance with the provisions of this chapter,
state, and federal law.
B.
Each licensee is required at all times to have on file with the City
Clerk proof from the surety company that the required bond is in effect
at all times as required by this section.
C.
The failure of any person or entity to at all times maintain in effect
the bond required by this section shall be a violation of this chapter
and may result in sanctions as herein provided.
All videos taken in accordance with the provisions of this chapter
shall be restricted, with respect to the access to such videos and
the use thereof, to law enforcement personnel for the purpose of investigation
involving wanted persons and stolen property. Any use of said videos
by or for private individuals or other commercial concerns is expressly
prohibited.
No auctioneer who has been duly licensed by the City to conduct
auction sales in the City shall do and perform any of the following
acts:
A.
Make any false representation as to the character, quality, condition,
value, or ownership of any goods, wares, merchandise, or property
offered for sale.
B.
Exhibit and offer for sale at auction any article, and induce its
purchase by any bidder, and afterwards secretly substitute any other
article for the one so exhibited with intent to deceive and defraud
such bidder.
C.
Be guilty of any device, trick, or fraudulent practice with intent
thereby to deceive or defraud any bidder.
D.
Use false bidders, cappers, or puffers.
E.
Use bells, buzzers, musical instruments, or street criers; provided
that signs or flags may be used to attract attention to the auction.
F.
Substitute an unlicensed auctioneer in place of the licensed auctioneer.
G.
Fail to exhibit his their license at the auction sale upon demand
of any police officer or City official.
H.
Sell or offer for sale at public auction any articles, goods, wares,
or merchandise upon any street, alley, sidewalk, or public ground
of the City of Bloomington, or to hold any auction sale thereon.
A.
In addition to the imposition of fines provided in this chapter,
any license may be revoked, suspended, or not renewed, after notice
and hearing by the City Manager, or their designee, for any of the
following reasons:
(1)
Violation of any of the provisions of this chapter;
(2)
Violation of any law occurring on the establishment's premises
committed by the establishment or an employee of the establishment;
(3)
Violation of any law or state regulation;
(4)
Failure to pay any tax, judgment, fee, or bill owed to the City of
Bloomington;
(5)
Failure to provide current information regarding the ownership or
location of the business;
(6)
Failure to notify in writing the City Clerk Department and receive prior approval of a change in ownership as required by § 32-111;
(7)
Revocation or suspension of any license issued pursuant to 205 ILCS
510/0.01 et seq., Pawnbroker Regulation Act.
B.
For the administration of this section, the formal rules of evidence
shall not apply at the hearing and hearsay may be permitted, provided
it is of the nature reasonably prudent persons would rely upon in
the conduct of their affairs. At the hearing, the City Manager, or
their designee, shall determine by a preponderance of the evidence
whether a lawful reason exists to revoke or suspend the license. The
City Manager, or their designee, after determining that a lawful reason
exists to revoke or suspend the license, shall also determine whether
that lawful reason merits the sanction of a revocation or suspension
of the license.
C.
An establishment whose license has been revoked may not reapply for
a new license until one year after the final determination of revocation.
[Added 12-11-2023 by Ord. No. 2023-113]
Any person, firm, or entity violating any provision of this
chapter shall, unless otherwise provided in this chapter, be fined
not less than $250 nor more than $2,000 for each offense; and a separate
offense shall be deemed to have occurred on each day during or on
which a violation occurs or continues.
If any section, sentence, clause, or other provision of this
chapter shall be held invalid by a court of competent jurisdiction,
such holding shall not affect the validity of any other section, sentence,
clause, or provision. To this end all such portions of this chapter
are declared severable and shall be so construed whenever possible
to do so.
