(A) Any person, entity, or business licensed in the city under any of the provisions of any of the ordinances of the city for the purpose of carrying on the business, full or part time, whether as a single trade business or as a part of an unrelated business, of being a cellular store, or electronic store, that purchases, unlocks or wipes electronic devices brought in by customers is covered by this section and must have a license to engage in this business each year.
(B) Any person, entity, or business licensed in the city under any of the provisions of any of the ordinances of the city for the purpose of carrying on the business, full, or part time, whether as a single trade business or as a part of an unrelated business, of being a store that buys, sells, unlocks or wipes cellular phones or electronic devices, shall ask of every customer making an exchange, deposit or sale transaction, a photographic identification. This photographic identification shall be verified, copied and kept with the receipt and photographs showing the date, time and items traded, deposited or sold by that person and shall be made available to the Hammond Police Department or any other federal, state, or local law enforcement official when requested of the store.
(C) (1) For the purposes of this section:
(a) The term UNLOCK shall mean any process by which the software or hardware of a wireless communication device is modified so as to permit the device’s use with a service provider other than the service provider initially associated with the device.
(b) The term WIRELESS COMMUNICATION DEVICE shall mean any device through which personal wireless services, as defined in 47 U.S.C. 332(c)(7)(C)(i), are transmitted.
(2) Any person who unlocks, or attempts to unlock, a wireless communication device in the city in exchange for a fee or other compensation must:
(a) Require the requesting party to provide a driver’s license or other government-issued identification showing the party’s name, date of birth, and address. No minors may sell any electronic device without parental consent.
(b) Record the Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI), or Electronic Serial Number (ESN) of the wireless communication device.
(c) Provide every day, before the hour of twelve noon, the information required in divisions (C)(2)(a) and (C)(2)(b) above to the Hammond Police Department, along with the name and address of the person offering the unlocking service, by submitting a Leads Online electronic reporting form.
(d) Comply with applicable restrictions or prohibitions on unlocking wireless communication devices set forth in federal statutes and regulations including 17 U.S.C. 1201(a)(1) and 17 U.S.C. 1202(b)(1), as interpreted by the Library of Congress Copyright Office and published in the Federal Register.
(3) It shall be a violation of this section to fail to comply with division (C)(2) above. This section shall be enforceable by the Hammond Police Department and Inspections Department. Any person who violates this section shall be fined not less than $500 nor more than $2,500 for each offense. Second and subsequent offenses up to $7,500.
(D) Any person, business, corporation, company, pawn shop, cellular phone store, retail store, commercial purchaser or organization who violates this section for properly identifying the item’s seller, or who violates this section requiring identifying and photographing merchandise or items received, shall have their city business license revoked as per Chapter 119 et seq. of the city code in addition to any fines imposed by the Hammond City Court.
(E) No phone or tablet brought in under this section may be “wiped” for a period of 24 hours or one business day, to allow for time for the unit be reported as stolen with the carrier/provider, or to be located with a phone app.
(Ord. 9329, passed 12-14-2015)