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ARTICLE III. (RESERVED)
ARTICLE IV. VIOLATIONS OF CHAPTER PROVISIONS (4-264-220 et seq.)
The commissioner of the department of business affairs and consumer protection, in consultation with the superintendent of police, is authorized to promulgate rules and regulations necessary to enforce the requirements of this chapter, including, but not limited to, rules and regulations mandating licensees to use digital cameras to photograph watches and jewelry, to store and maintain required photographic images in an electronic database maintained by the licensee, to transmit required photographic images to appropriate city officials for posting on the City of Chicago website, to use standardized form(s) provided by the department to maintain required records, and to comply with other reasonable and warranted record-keeping requirements designed to assist in the identification of stolen property.
(Added Coun. J. 9-8-10, p. 99259, § 4)
(a) Except as otherwise provided in subsection (c), any person who violates any requirement of this chapter or any rule promulgated thereunder shall be fined not less than $1,000.00 nor more than $2,000.00 for each offense. Each violation in regard to a separate transaction shall constitute a separate and distinct offense to which a separate fine shall apply. Where the provisions of this chapter impose a requirement on a licensee, an unlicensed person engaged in the activity shall be subject to the same penalty for violating the requirement.
(b) In addition to any other penalty provided by law, any violation of this chapter or rule promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code. If a person commits two or more violations within any 24-month period of Section 4-264-090, the Commissioner shall revoke that person's licenses. For purposes of this section: (1) "licenses" includes any and all licenses issued by the City of Chicago to engage in business operations at the location at which the violations occurred; (2) multiple offenses occurring on the same date shall be deemed a single violation while offenses occurring on separate dates shall be deemed separate violations; and (3) a "violation" may include a finding of liability or a finding sustaining the offense or offenses charged in the same or in any contemporaneous proceeding or evidence of any previously resolved final disposition against the licensee on a charge brought pursuant to any of the provisions of this chapter including, but not limited to, any finding of liability after adjudication on the merits, any default finding of liability, any uncontested finding of liability, any negotiated pre-hearing settlement of the charge, and any voluntary payment of the fine corresponding to the charge. Any revocation hearing shall be limited to the issue of whether the licensee's record and the resolution of any pending charges in the same or contemporaneous proceedings, if applicable, accurately reflect the existence of a sufficient number of violations to support the revocation decision. The licensee shall not be permitted to challenge the previously resolved violations themselves, nor any underlying facts asserted or determined therein.
(c) In addition to any other penalty provided by law, any person who purchases or offers for sale secondhand cell phones in violation of this chapter or who otherwise violates subsection (e) of Section 4-264-090 of this chapter, as applicable, shall be fined not less than $2,000.00 nor more than $10,000.00 for each offense. Each violation shall constitute a separate and distinct offense.
(d) When any license issued pursuant to this chapter is revoked for any cause, no secondhand dealer license shall be granted to such person for any premises for a period of four years thereafter. In the case of a legal entity, all persons who have a substantial ownership or controlling interest in the entity shall be subject to the prohibition in this subsection.
(e) When a secondhand dealer license under this chapter is revoked for any cause, no secondhand dealer license under this chapter shall be granted to any person for a period of one year thereafter for the premises described in such revoked license unless the revocation order was entered as to the licensee only.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 9-8-10, p. 99259, § 5; Amend Coun. J. 5-9-12, p. 27485, § 135; Amend Coun. J. 9-6-17, p. 54980, § 2; Amend Coun. J. 1-26-22, p. 43399, § 2)
(a) In addition to any other applicable penalty, if any licensee or unlicensed secondhand dealer purchases or offers for sale secondhand cell phones in violation of this chapter, the Chicago Police Department and the Department of Business Affairs and Consumer Protection shall have the authority: (1) to issue notices of violation, in accordance with Section 2-14-074, to such licensee or unlicensed secondhand dealer found in possession of such cell phones; and (2) to seize and store all such cell phones.
(b) After issuing a notice of violation, the Commissioner of Business Affairs and Consumer Protection shall institute an action with the Department of Administrative Hearings, which shall appoint an administrative law officer who shall conduct the hearing. If the administrative law officer determines that a violation has occurred, in addition to any other penalty imposed under this Chapter 4-264, (1) the respondent shall be liable for a $1,000.00 fine for each cell phone purchased or offered for sale in violation of this chapter and (2) all cell phones that were purchased or offered for sale in violation of this chapter shall be: (i) forfeited to the City; or (ii), in case of stolen or lost cell phones, returned to each lawful owner, if the identity of the owner is known or reasonably ascertainable. If the administrative law officer determines that a violation has not occurred, all cell phones that were seized pursuant to this section shall be returned to the licensee; or, in case of stolen or lost cell phones, returned to each lawful owner, if the identity of the owner is known or reasonably ascertainable.
(Added Coun. J. 9-6-17, p. 54980, § 2; Amend Coun. J. 1-26-22, p. 43399, § 3)