[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:
ANTIQUES
Any article having an age of 50 years or more.
AUCTIONEER
Any person who, at public outcry, offers for sale to the highest bidder any goods, wares, or merchandise or real estate for profit.
CHANGE OF OWNERSHIP
A. 
A change in the form of ownership, e.g., from an individual or partnership or entity or from a partnership to an individual;
B. 
A change from an individual to a partnership or a change in a partnership such as the addition or deletion of any partner; or
C. 
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.
CUSTOMER
A. 
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
B. 
Any person who sells any personal property or thing of value to a licensee; or
C. 
Any person who shall be paid an advance on the consignment of any merchandise to be sold by a licensee; or
D. 
Any person who shall sell pawn tickets to a licensee so that the licensee may redeem and resell that merchandise; or
E. 
Any person who shall renegotiate, with a licensee, a pawn loan between themselves and other licensee; or
F. 
Any combination of Subsections A through E.
ENTITY
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.
JUNK DEALER
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.
SECONDHAND DEALER
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.
TRANSACTION
A. 
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
B. 
Any advance payment on the consignment of any merchandise between a customer and a licensee; or
C. 
Any sale of tickets by a customer to a licensee for the purposes of redemption and resale of the merchandise; or
D. 
Any renegotiation of a loan by a customer and a licensee of a loan between said customer and any other licensed secondhand dealer; or
E. 
Any combination of Subsections A through D.
WORKS OF ART
A. 
A visual rendition including, but not limited to, a painting, drawing, sculpture, mosaic, videotape, or photograph.
B. 
A work of calligraphy.
C. 
A work of graphic art including, but not limited to, an etching, lithograph, serigraph, or offset print.
D. 
A craft work in materials including, but not limited to, clay, textile, fiber, wood, metal, plastic, or glass.
E. 
A work in mixed media including, but not limited to, a collage, assemblage, or work consisting of any combination of Subsections A through D.
A. 
It shall be unlawful for any person or entity to engage in the business of 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.
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.
[Amended 10-14-2024 by Ord. No. 2024-079]
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 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:
(1) 
A list of all owners/partners/officers with name, date of birth, address, and percent ownership/stock;
(2) 
If an assumed name is used, proof the assumed name is registered with the State of Illinois or County of McLean;
(3) 
Premises verification (lease or proof of ownership); and
(4) 
A bond as set out in § 32-110.
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. 
On January 1, 2025, a one-time sixteen-month license (January 1, 2025 — April 30, 2026) will be made available to allow the license cycle to transition to align with the City's fiscal year (May 1 — April 30). The City Clerk maintains the responsibility of determining and managing the processes necessary to facilitate the change, including, but not limited to, establishing billing cycle payment options. First-time licenses issued after January 1, 2025, shall expire on April 30, 2026.
H. 
Renewals. On May 1, 2026, the standard twelve-month licensing cycle will resume running concurrent with the City's fiscal year. All applications for the renewal of a license shall be made in writing to the City Clerk not later than April 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 April 1 of each year, an affidavit stating that such facts and statements have not changed.
[Amended 10-14-2024 by Ord. No. 2024-079]
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 April 30 of each year. 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 April 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 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 consigning, or selling the articles; and, if applicable, the number of the ticket issued therefor.
B. 
The records required to be kept by Subsection A shall be open to inspection at all reasonable times by the Police Department or the City Clerk.
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; or
(6) 
Failure to notify in writing the City Clerk Department and receive prior approval of a change in ownership as required by § 32-111.
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.