(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)