4-240-040 License – Fee.

   The fee for a pawnshop license shall be as set forth in Section 4-5-010.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-13-10, p. 83191, § 1)

4-240-050 Reserved.

Editor's note – Coun. J. 6-10-96, p. 23652, repealed § 4-240-050, which pertained to license – bond.

4-240-060 Interest charges – Designated – Posting requirements.

   (a)   All interest charges and fees assessed by any pawnbroker shall comply with the Illinois Pawnbroker Regulation Act, 205 ILCS 5 10, as amended.

   (b)   Every pawnbroker shall at all times have and keep the above paragraphs printed in the English language, framed and posted in a prominent and conspicuous position in his place of business, so that said provision of this Code shall be plainly legible and visible to all persons depositing or pledging property with such pawnbrokers.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 7-26-06, p. 81853, § 1)

4-240-070 Maintenance of records.

   (a)   LeadsOnline Electronic reporting – Required – Exception. At the time of each transaction, each licensee under this chapter shall enter into an accessible computer database, using the LeadsOnline electronic reporting form, an accurate description in English of (i) the goods, articles or things pawned or pledged; (ii) the amount of money loaned on such items;(iii) the time such items were pawned or pledged; (iv) the rate of interest to be paid on the loan; and (v) the name and address of the person pawning or pledging the above mentioned items. Provided, however, that if the licensed business does not have internet access, the licensee shall seek permission and approval from the superintendent of police to use an alternative reporting system acceptable to the superintendent. No entry made in such database or other approved reporting system shall be erased., obliterated or defaced.

   (b)   (1)   Additional descriptive information – When required. In addition to the information required under subsection (a) of this section, the description of the articles described in items (i) through (iv) of this subsection (b)(1) shall include the following information:

         (i)   Musical instruments, cameras, appliances and machines. The description of each musical instrument, camera, appliance or machine of any type shall include: the brand name; the model number, if available; any serial number or other identification number installed by the manufacturer; and a description of every other identifying marking, such as an inscription, a social security number, a name, a nickname or an address, appearing on the item.

         (ii)   Watches. The description of each watch shall include: the brand name, model number, if available; a description of the metal or metals of its composition; a description of the band, if any; a description of the face by number, color, cut, shape and type of stone or stones, if any; and a description of any inscriptions appearing on the watch. In addition, each watch shall be photographed in color.

         (iii)   Jewelry. The description of each item of jewelry shall include: the type of jewelry; a description of the metal or metals of its composition; the weight of said metal or metals; the type, shape and cut of each stone; and a description of all inscriptions. Each ring shall also be identified by ring size. In addition, each item of jewelry shall be photographed in color.

         (iv)   Cell phones and other mobile communication devices. The description of each cell phone or other wireless communication device shall include the Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) of the wireless communication device.

      (2)   Receipt signed by the person pawning or pledging secondhand property – When required. In the case of jewelry, watches, other precious metals or precious stones, cell phones or other wireless communication devices, the record required under this subsection (b) shall also contain a receipt, signed under penalty of law by the person who pawns or pledges such secondhand property, which (i) describes such article of property being pawned or pledged, including its weight in the case of jewelry, watches or other precious metals or precious stones, and its Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) in the case of cell phones or other wireless communication devices; and (ii) contains a statement indicating that the person pawning or pledging such article of property accepts the amount of money loaned thereon and the rate of interest to be paid on such loan; and (iii) contains a statement that the person pawning or pledging such article of property is of lawful age; that the driver's license number or other government-issued identification number and all other identifying information provided by the person pawning or pledging such property are true and correct; and that the person pawning or pledging such property is the lawful owner of such article of property with absolute authority to pawn or pledge such property.

      (3)   False statements – Prohibited. It shall be unlawful for any person who pawns or pledges any jewelry, watch, other precious metal or precious stone, cell phone or other wireless communication device to submit false or fraudulent information on any receipt required under paragraph (2) of this subsection (b) to be signed by such person.

   (c)   Description of person pawning or pledging secondhand property – Required. The description of each person who pawns or pledges any goods, articles or other things shall consist of the person's name, residence address, date of birth, social security number, weight, height and gender. If the person has no social security number, the licensee shall record this fact.

   (d)   Identification of person pawning or pledging secondhand property – Required. Every pawnbroker shall require two forms of identification to be shown to the pawnbroker by each person pledging or pawning any goods, articles or other things to the pawnbroker. At least one of the two forms of identification must list the person's name and residence address. Except as provided in subsection (e) of this section, 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, or a credit card or utility bill.

   (e)   Photograph of customer by licensee – When required. If the customer does not have a photographic identification card issued by a federal, state or local governmental entity, the licensee shall photograph the customer. The photograph shall be in color. On the reverse side of the photograph the licensee shall record the customer's name, residence address, date of birth, social security number, gender, height and weight. If the customer has no social security number, the licensee shall record this fact. Two forms of identification shall also be required. At least one of the two forms of identification shall list the person's name, date of birth and residence address.

   (f)   Purchases of secondhand property by the licensee – Recordkeeping required. Whenever any licensee under this chapter shall buy any article of secondhand property from a customer, such purchase shall be recorded in the same manner as a pledge and said record shall show all information required for a pawn or pledge.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 9-8-10, p. 99259, § 7; Amend Coun. J. 3-14-12, p. 22804, § 1; Amend Coun. J. 5-9-12, p. 27485, § 113; Amend Coun. J. 7-30-14, p. 85719, § 3)

4-240-075 Disassembling watches or jewelry.

   It shall be unlawful for any licensee under this chapter to advise or require any person pawning or pledging any watch or jewelry to disassemble such watch or jewelry or to remove any precious stone or gem from such watch or jewelry or to make such disassembly or removal a condition of acceptance by the licensee of the watch or jewelry being pawned or pledged. As used in this section, the term "licensee" means any person that holds or is required to hold a license under this Chapter 4-240 or any agent or employee thereof.

(Added Coun. J. 9-8-10, p. 99259, § 8)

4-240-080 Report to police.

   (a)   It shall be the duty of every licensee under this chapter to prepare and deliver, using the LeadsOnline electronic reporting form, to a location or locations designated by the superintendent of police every day, before the hour of twelve noon, a legible and correct copy of the information required under Section 4-240-070 of all personal property and other valuable things received on deposit, and all articles of secondhand property purchased during the preceding day, setting forth the hour when received and the description of the person pledging or selling such items. Provided. however, that if the licensed business does not have internet access, the licensee can seek permission from the superintendent of police to use an alternative reporting system acceptable to the superintendent.

   (b)   The photographs required under Section 4-240-070 shall be included in the records delivered to the superintendent of police.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 5-9-12, p. 27485, § 115)

4-240-090 Inspection of records.

   The said book, the photographs required under Section 4-240-070, and every article or other thing of value pawned or pledged, or any article of secondhand property obtained through purchase or exchange, shall at all times during the licensee's business hours to be open to the inspection by the Commissioner or any member of the police force or any investigator of the Department of Business Affairs and Consumer Protection.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 13)

4-240-100 Memorandum to pledger.

   Every such licensee shall at the time of each loan deliver to the person pawning or pledging any goods, article or thing, a memorandum or note signed by him containing the substance of the entry made in his book as required by this chapter; and no charge shall be made or received by any pawnbroker or loanbroker or keeper of a loan office for any such entry, memorandum or note.

(Added Coun. J. 12-9-92, p. 25465)