(a) For purposes of this section:
"Provider" means a manufacturer of wireless communication devices, 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.
"Serial number" has the meaning ascribed to that term by Section 4-264-005 of this Code.
"Stolen cell phone database", "trade-in program" and "wireless communication device" have the meaning ascribed to these terms in Section 4-264-005.
(b) Any provider that does business in the City shall:
(1) not purchase or activate for service a secondhand cell phone that is brought to the provider, and whose make, model and serial number is identified in a stolen cell phone database. Before purchasing or activating for service any such secondhand cell phone, the provider shall check the stolen cell phone database to verify that the cell phone is not a stolen or lost cell phone;
(2) report, within a reasonable time, to the Chicago Department of Police any secondhand cell phone that is brought to the provider for sale or activation for service, and whose make, model and serial number is identified in a stolen cell phone database. Upon request, such provider shall surrender such cell phone to any member of the City's Department of Police, if the provider is in possession of the cell phone; and
(3) encourage customers to report the make, model and serial number of a cell phone for entry into a stolen cell phone database in the event of the theft or loss of the customer's cell phone. The requirement of this subsection (b)(3) can be satisfied by providing the customers of the provider with written or on-line information regarding: (i) the availability of a stolen cell phone database; and (ii) how to identify a stolen or lost cell phone in such database, and by posting similar information in the provider's business premises located in the City.
(c) The requirements of this section shall not apply to any acquisition of secondhand cell phones by a provider through a trade-in program.
(d) Any person who violates this section shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 9-6-17, p. 54980, § 3; Amend Coun. J. 1-26-22, p. 43399, § 4)