4-264-005 Definitions.
   For purposes of this chapter:
   "Audio-video equipment" includes, but is not limited to, any stereo, speaker, radio, video recorder, audio recorder, camera, video camera, television, DVD player, VHS player, CD player, tape or disc player of any type, digital audio disc, digital video disc, telephone, cell phone, Smartphone, iPhone, iPad, iPod, interactive panel system, interactive display, amplifier, microphone, projector, computer, laptop computer, computer hardware, monitor, slide projector, wireless slate, pager, public assembly system, wireless communication device, satellite signal device or similar equipment, regardless of whether such equipment is individually identifiable by a serial number, or by other applied numbers, letters, characters or markings, or by other unique features that serve to distinguish the equipment from similar equipment in order to establish ownership of the equipment.
   "Automated recycling kiosk" means an unmanned interactive device that purchases secondhand wireless communication devices and any person who installs, remotely operates or monitors the unmanned interactive device. The place of business of an automated recycling kiosk shall be the location of the kiosk and not the location of any remote operator.
   "Children's product" means any item of furniture manufactured for use by children under eight years of age, including, but not limited to, any crib, playpen, stroller or child carrier.
   "Currency" means coin or paper money that is bought, sold or otherwise transferred at greater than face value.
   "Jewelry" means any precious metal as defined in this section or any precious stone or gem as defined in this section, including, but not limited to, earrings, chains, pendants, pins, brooches, bracelets, armbands, rings, head or hair ornaments, diadems, cuff links or similar objects comprising or containing precious metals or precious stones. The term "jewelry" also includes articles comprising or containing precious metals or precious stones, including, but not limited to, optical frames, pens, pencils, flatware or holloware.
   "Licensee" means a secondhand dealer licensed under this chapter.
   "Precious metal" means gold, silver or platinum.
   "Precious stone or gem" means any genuine diamond, emerald, ruby, sapphire or pearl of any value and any other genuine stone or gem with a value of more than $100.00
   "Secondhand dealer" means any person who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any secondhand property. Notwithstanding the foregoing, nothing in this chapter applies to: (i) pawnbrokers licensed under Chapter 4-240; junk peddlers licensed under Section 4-6-150; junk facilities permitted under Chapter 11-4 of this Code; or manufacturing establishments licensed under Chapter 4-224; (ii) sales or exchanges of used articles and materials conducted by or controlled by charitable or religious organizations; (iii) any person who purchases used articles or materials from a charitable or religious organization for the purpose of resale, if the person spends in excess of $1,000,000.00 per annum on purchases of used articles and materials from religious and charitable organizations for purposes of resale, and maintains an indoor facility of not fewer than 10,000 square feet for the sale of such used articles and materials; (iv) the sale of Chicago Transit Authority fare tokens pursuant to permission of the Authority; (v) the purchase or sale of precious metals or currency on the Chicago Mercantile Exchange or on a similar exchange, wherever located; (vi) the exchange of currency by a licensed currency exchange, national bank, federal savings bank or other financial institution as defined in the Illinois Banking Act; or (vii) a manufacturer of wireless communication devices that acquires the devices as part of a trade-in program, or a provider of commercial mobile service, as defined in 47 U.S.C. 332(d), and such provider's authorized agents and retailers that have contractual relationships with the provider to sell the provider's authorized products and services.
   "Secondhand dealer – non-valuable" means a secondhand dealer who does not engage in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any jewelry or watch made of precious metal or precious stone or gem; article made of precious metal or precious stone or gem; or currency.
   "Secondhand property" means any previously owned audio-video equipment; construction materials, including, but not limited to, plumbing, electrical, roofing, masonry and carpentry supplies; jewelry or watch made of precious metal or precious stone or gem; article made of precious metal or precious stone or gem; sporting or athletic gear or equipment, including a bicycle; or currency.
   "Serial number" means, in reference to cell phones or other wireless communication devices, a Mobile Equipment Identifier (MEID), International Mobile Equipment Identity (IMEI) number or Electronic Serial Number (ESN).
   "Stolen cell phone database" means a stolen cell phone database into which the make, model and serial number of a stolen or lost cell phone is identified. At the time of the enactment of this amendatory ordinance of 2017, "stolen cell phone database" means any electronic service linked to the Groupe Speciale Mobile Association (GSMA) database that is used to search a cell phone's International Mobile Equipment Identity (IMEI) number across international networks to determine whether the cell phone has been reported lost or stolen. The commissioner may, by rule, identify one or more additional or alternative stolen cell phone databases.
   "Trade-in program" means a program offered by a wireless telephone service provider or manufacturer of wireless communication devices that is not primarily engaged in purchasing personal property of any type from a person who is not a wholesaler, pursuant to which used wireless communications devices are accepted from customers for trade-in when purchasing a new device or in exchange for a noncash credit usable only for the purchase of goods or services from the wireless telephone service provider, manufacturer of wireless communication devices, or from authorized agents of such provider or manufacturer, or a rebate from a manufacturer on the purchase of one of the manufacturer's wireless communications devices.
   "Unlicensed secondhand dealer" means any person who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any secondhand property without obtaining a secondhand dealer license from the City. If any person possesses five or more secondhand cell phones on one business premises without a valid license from the City, a rebuttable presumption shall exist that the person is an unlicensed secondhand dealer.
   "Wireless communication device" or "cell phone" means any device through which personal wireless services, as defined in 47 U.S.C. 332(c)(7)(C)(i), are transmitted.
(Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 11-3-99, p. 14166, § 1; Amend Coun. J. 5-29-02, p. 86303, § 1; Amend Coun. J. 9-27-07, p. 9562, § 1; Amend Coun. J. 9-8-10, p. 99259, § 1; Amend Coun. J. 4-13-11, p. 115372, § 1; Amend Coun. J. 5-9-12, p. 27485, § 131; Amend Coun. J. 7-30-14, p. 85719, § 4; Amend Coun. J. 2-22-17, p. 43916, Art. III, § 1; Amend Coun. J. 9-6-17, p. 54980, § 2)