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(a) The commissioner shall forward any application for a stun gun dealer license under this Article to the police department.
(b) The commissioner shall have the authority to promulgate rules and regulations necessary to implement this Article.
(c) The superintendent shall have the authority to promulgate rules and regulations necessary to implement this Article relating to the safe storage, display and handling of stun guns and tasers.
(Added Coun. J. 9-11-13, p. 59869, § 2; Amend Coun. J. 6-25-14, p. 83727, § 4)
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed a former § 4-144-050, which pertained to a required register.
(a) Each licensee shall obtain and keep current at all times throughout the duration of the license period, commercial general liability insurance for the operation of the premises described in such application or license with limits of not less than $1,000,000.00 for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license, issued by an insurer authorized to insure in Illinois. The insurance policy required by this subsection shall be for a term of at least 12 months, and shall be co-extensive with the first 12 months of the applicable license period. Thereafter, the licensee shall continue to maintain such insurance policy in full force and effect for the duration of the two-year license period. The licensee shall keep proof of the required insurance at the licensed premises at all times and, upon demand, shall produce such proof for inspection by an authorized city official. Each policy of insurance required under this subsection shall include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. Failure to comply with this subsection shall be grounds for the suspension or revocation of the license for a single offense in accordance with Section 4-4-280.
(b) The licensed premises shall be open at all reasonable times for inspection by the departments of buildings, police, business affairs and consumer protection, and fire.
(c) The licensee shall not permit any employee to handle, sell or possess a stun gun or taser unless the employee;
(1) has a valid FOID card;
(2) is 21 years of age or older;
(3) has never been convicted of a felony;
(4) has never been convicted of a misdemeanor involving a stun gun or taser, or any other violation of law concerning the manufacture, use, possession or sale of stun guns, tasers or firearms.
(d) The licensee shall initiate a state and FBI fingerprint-based record search of every employee who will handle, sell or possess stun guns or tasers to verify the employee's background. If a licensee acquires any subsequent or independent knowledge that an employee who handles, sells, or possesses stun guns or tasers does not meet the qualifications of subsection (c), the licensee shall take immediate steps to ensure that such employee does not have access to the stun guns or tasers.
(e) A licensee or employee shall not:
(1) deliver a stun gun or taser, incidental to a sale or transfer, to a purchaser for at least 24 hours after the application for such purchase or transfer has been made;
(2) display a stun gun or taser in any window; or
(3) sell or otherwise transfer a stun gun or taser unless the purchaser:
(i) is at least 18 years of age;
(ii) has a valid FOID card; and
(iii) has presented a valid government issued photo identification card.
(Added Coun. J. 9-11-13, p. 59869, § 2; Amend Coun. J. 6-25-14, p. 83727, § 4; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 14)
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed a former § 4-144-060, which pertained to restrictions on sales or gifts.
(a) In addition to any other applicable state and federal law requiring records and record retention, the licensee shall maintain the following records:
(1) for the purchase of a stun gun or taser, a copy of the purchaser's FOID card and photo identification for a period of not less than 10 years from the date of purchase of the stun gun or taser;
(2) a copy of the fingerprints and FOID card of every employee who handles, sells, or possesses the stun guns or tasers for a period of not less than 5 years after the employee is no longer an employee; and
(3) a copy of the annual inventory required pursuant to section 4-144-062, for a period of not less than 10 years after the completion of the inventory.
(b) Unless otherwise preempted by state or federal law, such records shall at all times during the licensee's business hours be open for inspection by any member of the department or police department.
(Added Coun. J. 9-14-94, p. 56287; Amend Coun. J. 7-2-10, p. 96234, § 3; Amend Coun. J. 9-11-13, p. 59869, § 2; Amend Coun. J. 6-25-14, p. 83727, § 4)
Every licensee shall conduct, on an annual basis, a physical inventory audit, which shall include, at a minimum, a listing of each stun gun, taser and cartridges:
(a) acquired or held by the licensee during the twelve-month period;
(b) sold or otherwise transferred during the twelve-month period; and
(c) stolen or lost during the twelve-month period.
(Amend Coun. J. 2-7-97, p. 38729; Amend Coun. J. 7-2-10, p. 96234, § 3; Amend Coun. J. 6-25-14, p. 83727, § 4)
No licensee or employee shall sell or transfer any stun gun or taser which fires one or more barbs by the use of gunpowder, smokeless powder or black powder propellant.
(Added Coun. J. 7-2-10, p. 96234, § 3; Amend Coun. J. 9-11-13, p. 59869, § 2; Amend Coun. J. 6-25-14, p. 83727, § 4)
Any person who engages in the business of selling or otherwise transferring any stun gun or taser without first having obtained the required license shall be subject to a fine of not less than $3,000.00 nor more than $5,000.00, or incarceration for a period not to exceed six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 9-11-13, p. 59869, § 2; Amend Coun. J. 6-25-14, p. 83727, § 4)
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed a former § 4-144-070, which pertained to a required permit and issuance conditions.
(a) Unless another fine or penalty is specifically provided, any person who violates any provision of this Article, or any rule or regulation promulgated thereunder, shall be subject to a fine of not less than $1,500.00 nor more than $3,000.00 for each offense, or incarceration for a period not to exceed six months, or both. Each day that such violation exists shall constitute a separate and distinct offense.
(b) Every act or omission constituting a violation of this Article by any officer, director, manager, employee or agent of the licensee shall be deemed to be the act or omission of such licensee and such licensee shall be liable for all penalties and sanctions provided by this Article in the same manner as if such act or omission had been done or omitted by the licensee personally.
(Added Coun. J. 9-11-13, p. 59869, § 2; Amend Coun. J. 6-25-14, p. 83727, § 4)
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed a former § 4-144-080, which pertained to sales display restrictions.
Editor's note – Coun. J. 4-16-97, p. 42588, amended and renumbered this section as § 4-144-260.
ARTICLE III. AIR RIFLES AND TOY WEAPONS DEALERS (4-144-140 et seq.)
It shall be unlawful for any person to engage in the business of selling or to sell or to give away any air rifle or air gun, or any toy firearms or other toy in the nature of a firearm in which any explosive substance can be used, without securing a weapons dealer license, and no person having secured such license shall sell or give away any such weapon to any person within the city who has not secured a permit from the superintendent of police to purchase such weapon in the manner hereinafter provided.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-16-97, p. 42588)
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