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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)
It shall be unlawful for any person to engage in the business of a secondhand dealer without first obtaining a license therefor for each separate place, premises or location where such business is to be conducted, or for each automated recycling kiosk. The license issued pursuant to this chapter shall be administratively categorized as either secondhand dealer or secondhand dealer – non-valuable (collectively, "secondhand dealer").
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-22-93, p. 31558; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 2-22-17, p. 43916, Art. III, § 2; Amend Coun. J. 9-6-17, p. 54980, § 2)
An application for license as a secondhand dealer shall be made in conformity with the general requirements of this Code relating to applications for licenses. When an application for such license is made, the commissioner of business affairs and consumer protection shall cause an investigation to be made to ascertain whether the applicant has complied with the state laws and the provisions of this Code applicable to said business, and whether the applicant is of good character and repute. Provided, however, that such investigation shall not be required for a secondhand dealer that deals in only children's products.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 5-9-07, p. 105047, § 14; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
The fee for a secondhand dealer's license shall be as set forth in Section 4-5-010. Provided, however, that the fee for a secondhand dealer that deals in only children's products shall be $250.00 and such fee shall be waived for a not-for-profit secondhand dealer that deals in only children's products.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-13-10, p. 83191, § 1)
(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 (i) every article of secondhand property received, purchased, sold or exchanged by the licensee; (ii) the date of the transaction; and (iii) the name and address of the purchaser or seller. 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) Description of secondhand property required. The description of each article of secondhand property, other than digital audio discs or digital video discs which shall be governed by Section 4-264-052, shall include the following information: 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.
(2) Additional descriptive information – When required. In addition to the information required to be provided under subsections (a) and (b)(1) of this section, the description of secondhand watches, jewelry, cell phones and other wireless communication devices shall include the following information:
(i) 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; a description of the face by number, color and 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.
(ii) 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, cut and shape 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.
(iii) Cell phones and other wireless 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.
(c) Description of seller – Required. The description of each person who sells an item of secondhand property to the licensee 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 seller – Required. Every licensee shall require two forms of identification to be shown to the licensee by each person selling an article of secondhand property to the licensee. At least one of the two forms of identification must list the person's name, date of birth 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, a social security 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 include the person's name, date of birth and residence address.
(f) Inspection of records. The records required under this section shall, at all times during the licensee's business hours, be open to 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. 10-1-03, p. 8865, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 9-8-10, p. 99259, § 2; Amend Coun. J. 5-9-12, p. 27485, § 133; Amend Coun. J. 7-30-14, p. 85719, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 15)
(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 12:00 noon, a legible and correct copy of the information required under Section 4-264-050 of all secondhand property purchased during the preceding day, setting forth the hour the property was when received and a description of the person selling such secondhand property. 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.
(b) The photographs required under Section 4-264-050 shall be included in the records delivered to the superintendent of police.
(Added Coun. J. 5-2-01, p. 58600, § 1; Amend Coun. J. 5-9-12, p. 27485, § 134)
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