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A. Prohibition: No business or establishment, whether or not licensed, shall be so conducted or operated as to constitute a nuisance in fact; and no building, vehicle, structure, yard, lot, premises, or part thereof, shall be used, kept, maintained or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health. It shall be unlawful to sell or offer for sale, any candy, ice cream, confection, or any food or beverage for human consumption from any motor vehicle or any vehicle, cart or wagon of any kind on or from any public roadway within the Village, unless a license is first obtained. (Ord. 2018-26, 6-26-2018)
B. Unsafe Or Unhealthful Business:
1. Unsanitary, Unsafe, Or Dangerous Conditions Prohibited: No building or structure utilized, constructed or maintained in connection with any business or occupation, shall evidence an unsanitary, unsafe, or dangerous condition.
2. Dangerous Substances Prohibited: No substance, matter or thing of any kind whatsoever, which shall be dangerous or detrimental to health, shall be allowed to exist in connection with any business or occupation, or be used in any work or labor performed in the Village.
3. Refuse Disposals:
a. Refuse Containers: The standard refuse container required by this title shall be a receptacle of not less than twenty (20) nor more than thirty two (32) gallons' capacity, of impervious material and sturdy construction, with a tightfitting cover, and equipped with handles properly placed to facilitate handling.
b. Duty To Provide Refuse Containers: The occupant of every building, structure, or premises used or maintained in connection with any business or occupation shall provide and maintain in good condition and repair a sufficient number of refuse containers for the temporary storage of all refuse accumulating between collections. All refuse which is placed for collection service outside any building or structure must be kept in standard refuse containers.
c. Refuse Removal: It shall be the duty of the occupant of every building, structure or premises used or maintained in connection with any business or occupation to cause to be removed at his own cost and expense at least once each week all refuse produced therein. (Ord. 94-13, 6-6-1994)
C. Requirements For Dealers In Secondhand Merchandise: All licensees who deal in "secondhand merchandise" as defined herein shall be subject to the requirements of this subsection.
COLLECTION BIN: A freestanding structure, container, receptacle or similar device that is used for soliciting and collecting donations of clothing, books, or other salvageable personal property. This term excludes any unattended collection bin within an enclosed building.
DEALER IN SECONDHAND MERCHANDISE: Any individual, corporation, business, partnership or other entity: a) who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any "secondhand merchandise", as defined herein, or b) who purchases any "secondhand merchandise", as defined herein, for purposes of recycling or salvaging such items. A dealer in secondhand merchandise shall not include: a) pawnbrokers licensed under this Code, b) sales or exchanges of used articles and materials conducted or controlled by charitable, religious, or community organizations, including, but not limited to, schools, Boy Scouts, Girl Scouts, and youth athletics groups, which accept donated items to resell for fundraising activities, and c) residents of the Village conducting garage sales held not more than two (2) weekends every year provided such residents are not engaged therein as a business. A licensee whose license is for a specific business other than secondhand dealer may still be a dealer in secondhand merchandise.
PRECIOUS METALS AND STONES: Any articles combining precious metals, including, but not limited to, silver, gold and platinum, such as, but not limited to, commemorative coins or other items of memorabilia, United States or foreign currency, or any articles containing any genuine diamond, ruby, emerald, sapphire or pearl of any value and any other genuine stone or gem with a value of more than one hundred dollars ($100.00).
SECONDHAND MERCHANDISE: Means, including, but not limited to, any of the following described goods, wares and merchandise which was previously owned or used by any person other than the manufacturer, wholesaler, or retailer:
a. Antiques, collectibles and books;
b. Artwork, including, but not limited to, paintings and sculptures;
c. Audiovisual equipment, including, but not limited to, any stereo, speaker, radio, video recorder, video camera, television set, tape or disc player;
e. Cameras and other photographic instruments and equipment;
g. Computers, printers, software, and computer supplies;
h. Clothing and shoes;
j. Electronic toys and games, and related equipment;
k. Electronic equipment other than electronic toys and games;
l. Fur coats and other fur clothing;
m. Microwave ovens and other kitchen appliances;
n. Mopeds, motor scooters or similar devices;
o. Office equipment;
p. Pianos, organs, guitars, and all other musical instruments;
q. "Precious metals and stones", as defined herein;
r. Silverware and flatware;
s. Small electrical appliances;
t. Sports equipment;
u. Telephones, including, but not limited to, pagers and cellular phones and other satellite signal devices;
w. Trading cards and memorabilia;
x. "Valuable metals", as defined herein;
y. Videotapes, digital video discs, compact discs, records, audiotapes, digital audio discs, or similar audio or audiovisual recording media.
VALUABLE METALS: Aluminum, copper, lead, titanium, stainless steel, copper alloy or brass, formed as a bar, cable, rod, tubing, wire, wire scrap, clamp, connector, bushing or bearing or other appurtenances utilized or that can be utilized by persons, firms, corporations or municipal corporations engaged in either the generation, transmission or distribution of electric energy, in telephone, telegraph or other communications, or by railroads; or any copper, copper alloy or brass, or aluminum materials utilized for the purpose of plumbing, storm doors and windows, siding, or gutters of building structures or automotive parts. (Ord. 2011-11, 5-24-2011; amd. Ord. 2015-03, 1-13-2015)
2. Record Requirements: All dealers in secondhand merchandise doing business in the village of Fox Lake shall keep a standard record book that has been approved by the chief of police. At the time of each and every article being purchased, acquired, or received on consignment, an accurate account and description of such article including the brand name, if any; the amount of money paid therefor; the time and date of the transaction; and the name and residence address of the person selling or placing such article on consignment, shall be entered into the record book. Any article purchased or received on consignment shall be clearly digitally photographed in color so as to be able to clearly identify such article, including any serial numbers or other identifying marks. All photographs taken shall be maintained and preserved as herein provided. All such entries shall be printed, typed or written in ink in the record book at the time of the transaction in the English language. Record book entries shall also include the serial number or other identification number of the article received. This requirement does not apply to any articles purchased from dealers possessing a federal employer identification number who have provided a receipt to the dealer in secondhand merchandise. No entry made in the record book shall be erased, mutilated, altered or in any way changed.
3. Identification Required: It shall be unlawful for any dealer in secondhand merchandise or agent or employee thereof to fail to request and require identification to be shown by each person selling any article to the dealer in secondhand merchandise or placing such article on consignment with the dealer in secondhand merchandise. One form of identification shall be a valid driver's license or identification card issued by a governmental entity which contains a photograph of the person identified, as well as the person's address. If the pictured identification is not government issued, then two (2) forms of identification must be shown, and at least one of the two (2) forms must contain a photograph, and at least one form of identification must include the person's residence address. The dealer in secondhand merchandise, agent, or employee thereof shall photocopy any and all forms of identification presented and retain such photocopies as records under subsection C2 of this section. In addition to a valid driver's license or government issued identification card, other acceptable forms of pictured identification shall include, but not be limited to, an employee or student identification card, pictured credit card, or a pictured civic, union or professional association membership card. If the person selling such article to the dealer in secondhand merchandise or placing such article on consignment with such dealer does not present identification issued by a governmental entity, the dealer in secondhand merchandise shall digitally photograph such person in color print and record such person's name, residence address, date of birth, gender, height and weight on the reverse side of the photograph.
4. Inspection Of Records: The record book, digital photographs taken, as well as every article or other thing of value purchased or received on consignment shall at all times be open to inspection by the chief of police or any sworn law enforcement officer during the normal business hours of the dealer in secondhand merchandise. The record book and all photographs taken shall be maintained for a period of three (3) years after the date on which the record was prepared.
5. Transactions With Prohibited Parties:
a. It shall be unlawful for any dealer in secondhand merchandise, or his or its agent or employee, to purchase any article or receive on consignment any article from a person under the age of eighteen (18) years, or the ownership on which is claimed by such minor, or which may be in the possession or control of any minor without the written consent of such minor's parent or legal guardian. The consent must be signed by such minor's parent or legal guardian in the presence of the dealer in secondhand merchandise or his employee or agent who must include the consent in the daily report required under subsection C2 of this section.
b. It shall be further unlawful for any dealer in secondhand merchandise to purchase any article or receive any article on consignment from any person appearing to be intoxicated or under the influence of any drug or controlled substance or from any person known to have been convicted of theft, burglary, deceptive practices, robbery or armed robbery. It shall further be the duty of every dealer in secondhand merchandise, or agent or employee thereof, to return any article purchased or received on consignment to the lawful owner of such article without the payment of the money paid therefor by the dealer in secondhand merchandise, or any other cost or charge of any kind, in cases where such article has been stolen from or lost by its lawful owner.
6. Sale Of Property: No article purchased or received on consignment by any dealer in secondhand merchandise shall be sold by such dealer or removed from the place of business of such dealer for a period of five (5) days after the date of purchase or receipt.
7. Duty To Report Stolen Or Lost Articles: Each dealer in secondhand merchandise or employee or agent thereof shall report to the police chief any article sought to be sold to such dealer or placed on consignment with such dealer, if the dealer in secondhand merchandise or his employee or agent reasonably believes that said article was stolen or that the article was lost and found by the person attempting to sell it or place it on consignment. (Ord. 2011-11, 5-24-2011)
8. Special Regulations For Collection Bins: The provisions of subsections C2, C3, C4, C5 and C6 of this section shall not apply to secondhand dealers in the operation of collection bins. Instead, the following regulations shall apply:
a. License Required: It shall be unlawful for any person to establish a collection bin without first obtaining a license from the village clerk. An annual license fee of two hundred fifty dollars ($250.00) shall be paid for each such collection bin. No separate secondhand dealer's license shall be required unless the owner of the collection bin operates a business dealing in secondhand merchandise other than the collection bin.
b. Application: Application for a license for a collection bin shall be made on forms provided by the village clerk and shall be accompanied by the following:
(1) Name, mailing address, telephone number and e-mail address (if available) of the applicant;
(2) Written permission signed by the owner of the premises on which the collection bin is to be located, and acknowledgment from the owner of the premises that the owner of the premises and the owner of the collection bin are jointly liable to maintain the collection bin in compliance with this subsection;
(3) Two (2) hard copy drawings and one electronic copy drawing of the property specifying the location of the proposed collection bin;
(4) Name, address and twenty four (24) hour contact person's telephone number for the secondhand dealer responsible for placement and maintenance of the collection bin;
(5) Written acknowledgment signed by the licensee that the licensee is liable to maintain the collection bin in compliance with this subsection and that the village is authorized to cause the collection bin to be removed from the premises at the expense of the owner of the property if the collection bin is not maintained by the licensee in a clean and sightly manner, or if the collection bin becomes a public nuisance;
(6) A nonrefundable fee in the amount of two hundred fifty dollars ($250.00) to cover the initial evaluation of the application. If the application is approved, then the application fee shall cover the annual fee for the license for the period through the next ensuing April 30. Thereafter, a new annual license fee shall be due; and
(7) Such other information as the building and community development department shall require in order to demonstrate full compliance with this, and all other codes and ordinances of the village.
c. Restrictions: Additional restrictions for collection bins:
(1) Location: Collection bins may be permitted in the street yard, side yard, or rear yard. Collection bins shall be located on a paved or concrete surface and must be placed within ten feet (10') of the principal structure in a well lit location, shall not obstruct vehicular or pedestrian access or sight lines. Collection bins shall not be located in parking lots.
(2) Size: Collection bins shall not cover a ground surface area in excess of five feet by five feet (5' x 5'), nor be more than six feet (6') in height.
(3) Construction: Collection bins shall be constructed of steel and shall not be constructed of wood, plastic, or any other combustible material or other noncombustible materials. Collection bins shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.
(4) Color: Collection bins shall blend in with the natural resources of the village and shall remain a neutral tone, examples of acceptable tones are: forest green, beige, or dark brown.
(5) Display Requirements: All collection bins shall display a maintenance (pick up) schedule and must clearly indicate whether or not the operator is a nonprofit organization or a for profit business. Additionally, all collection bins must include a sign in large legible print that articles of clothing or other items are not to be placed outside of the collection bin.
(6) Maintenance Requirements: Collection bins shall be maintained free of debris. Items left outside of the collection bin shall be promptly removed. Collection bins shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti. (Ord. 2015-03, 1-13-2015)
(7) Zoning: Collection bins shall only be located on property owned by or leased to a unit of local government. (Ord. 2016-33, 9-27-2016)
(8) Number Allowed: No more than two (2) collection bins shall be allowed on a zoning lot. (Ord. 2015-03, 1-13-2015)
(9) Failure To Pay Fee: If an annual license fee for an existing collection bin is not paid when due, then the village may remove the collection bin from the property where it is located, and if the collection bin is not reclaimed by the owner within fourteen (14) days after the village sends notice to the last known address of the owner, then the village may dispose of the collection bin without further notice. (Ord. 2016-33, 9-27-2016)