(A) Definitions and classes of "secondhand dealers.”
(1) There shall be the following classes of “secondhand dealers:”
(a) “Class A Secondhand Dealer;”
(b) “Class B Secondhand Dealer;”
(c) “Class C Secondhand Dealer;”
(d) “Class D Secondhand Dealer;” and
(e) “Class E Secondhand Dealer.”
(2) (a) The term
SECONDHAND DEALER, as used in defining a "Class A secondhand dealer" or a "Class B secondhand dealer" and as further defined in the subsections below, means an owner or operator of a business where any previously owned item of personal property is sold, bartered, exchanged or held on consignment for sale, barter, or exchange, including but not limited to furniture, clothing, jewelry, radios, televisions, electronic music equipment, and musical instruments, the prior owner of which is not either:
1. A merchant as defined by Uniform Commercial Code, 810 ILCS 5/2-104; or
2. The manufacturer of the item.
(b) The term
CLASS A SECONDHAND DEALER, as used in this section, means a secondhand dealer, as defined above, whose inventory of merchandise is donated.
(c) The term
CLASS B SECONDHAND DEALER, as used in this section, means all secondhand dealers other than Class A secondhand dealers, Class C secondhand dealers, Class D secondhand dealers, and Class E secondhand dealers.
(3) The term
CLASS C SECONDHAND DEALER means a secondhand dealer, as defined above, who is operating on a temporary license, the duration of which shall not exceed 6 months.
(4) The term
SECONDHAND DEALER as used in defining a CLASS D SECONDHAND DEALER means an owner or operator of a business where any previously owned item of personal property, including but not limited to furniture, clothing, jewelry, radios, televisions, electronic music equipment, and musical instruments is sold, bartered, exchanged, or held on consignment for sale, barter or exchange and who obtains all such items solely from persons who are merchants as defined in Uniform Commercial Code, 810 ILCS 5/2-104.
(5) The term
CLASS E SECONDHAND DEALER means a secondhand dealer as defined for Class D licenses above, who is operating on a temporary basis, the duration of which shall not exceed 6 months.
(6) The term
SECONDHAND DEALER as used in this section shall not include pawnbrokers as defined by statute and ordinance or junk dealers as defined by statute and ordinance.
(7) Whenever the term
SECONDHAND DEALER is used in this section, it shall refer to all classes of secondhand dealers unless otherwise specified.
(B) License. It shall be unlawful for any person to engage in the business of a secondhand dealer without a license therefor for each separate place, premises or location where such business is to be carried on. The fee shall be as set forth in § 110.13 of this Code.
(C) Application; investigation. The Chief of Police shall cause an investigation to be made to ascertain whether all applicants for licenses to engage in the business of a secondhand dealer have complied with the state laws and the provisions of this Code applicable to such businesses and whether the applicants have been convicted of any crime in the last 5 years of any felony or of a misdemeanor which involves conduct that constitutes a violation of any provision contained in the Illinois Criminal Code, Articles 16 through 19 inclusive, as now or hereafter amended.
(D) Restriction on issuance of licenses.
(1) No more than 2 licenses to engage in the business of Class A secondhand dealer shall be issued at any one time.
(2) No more than 4 licenses to engage in the business of Class B secondhand dealer shall be issued at any one time.
(3) No more than 1 license to engage in the business of Class D secondhand dealer shall be issued at any one time.
(4) No Class C or Class E secondhand dealer’s license shall be issued for a period of more than 6 months. Class C and Class E secondhand dealer’s licenses shall not be renewable. No more than 2 Class C secondhand dealer licenses shall be issued at any one time. No more than 1 Class E secondhand dealer licenses shall be issued at any one time.
(5) No secondhand dealer’s license shall be issued to:
(a) Any person who has been convicted in the past 5 years of a felony or of a misdemeanor which involves conduct that constitutes a violation of any provision contained in Illinois Criminal Code, Articles 16 through 19 inclusive, as now or hereafter amended;
(b) Any partnership or corporation or limited liability company, if 1 or more of the members of such partnership or company or shareholders of such corporation owning more than 5% of the stock have been convicted of a felony in the past 5 years, or of any other crime, including in its essential elements the possession of stolen property;
(c) A person, partnership or corporation or limited liability company which, at the time of application for renewal of a license, would not be eligible for such license upon first application;
(d) A person, partnership or corporation or limited liability company whose business is conducted by a manager or agent who does not possess the same qualifications required of the licensee;
(e) A person, partnership or corporation or limited liability company which does not beneficially own the premises for which such a license is sought, or which does not have a lease thereon for the full period for which the license is to be issued;
(f) A person, partnership or corporation or limited liability company which is not the beneficial owner of the business to be operated by the licensee;
(g) A person, partnership or corporation or limited liability company which has had its secondhand dealer license revoked by the Village within the last 5 years.
(E) Disclosures. Each application for a secondhand dealer's license shall disclose the name of the beneficial owner of a sole proprietorship, the names of all partners in a partnership, the names of all members of the limited liability company and the names of all officers and shareholders of a corporation owning more than 5% of the stock. Each application shall disclose the name of an individual who shall be designated as the manager of the business.
(F) Record of transactions.
(1) Every Class A secondhand dealer shall keep a book in which there shall be made, at the time of the transaction, a record in English of every article received, donated, sold, bartered or exchanged by him or her setting forth the name and residence of the purchaser or donor and a brief description of the article involved, including identification numbers thereon.
(2) Every Class B secondhand dealer and Class C secondhand dealer shall keep a book in which there shall be made, at the time of the transaction, a record in English of every article received, purchased, sold or exchanged by him or her, setting forth the following: the date of the transaction, the name and residence of the purchaser, seller or consignee, a photograph of each seller or consignee, if the seller or consignee is an individual, a brief description of the article sold or purchased, including identification numbers thereon, and a photograph of each article purchased or consigned.
(3) Every Class D secondhand dealer and Class E secondhand dealer shall keep a book in which there shall be made, at the time of the transaction, a record in English of every article received, purchased, sold or exchanged by him or her, setting forth the following: the date of the transaction, the name and residence of the purchaser, seller or consignee and a brief description of the article sold or purchased, including identification numbers thereon.
(4) In addition, each seller or donor to a Class A, Class B and Class C licensee shall be required by the licensee to produce 2 pieces of identification establishing his or her identity and the types of pieces of identification shall be noted in the record.
(5) Such records shall, at all reasonable times, be open to the inspection of any member of the Maywood Police Department.
(G) Repeated transactions. It shall be the duty of every Class B secondhand dealer and Class C secondhand dealer to notify the Chief of Police of the Village, informing him or her of the name and address of any person, entity, or agent of an entity, who has either sold or brought in for consignment any article to that dealer on more than 1 occasion within a 6-month period.
(H) Changing identity of articles purchased or received. No secondhand dealer shall take apart or melt down any secondhand article. This section shall not preclude a secondhand dealer from making necessary repairs to items so long as the repairs do not alter or disguise the appearance of the items. No secondhand dealer shall, for any reason, remove any serial number, model number or other identification device.
(I) Storage of articles. No secondhand dealer shall make use of any property, private or public, not included within the licensed premises, for the storage, handling or display of any secondhand articles.
(J) Weapons. No secondhand dealer shall purchase or receive any revolver, pistol, sawed off shotgun, switchblade knife, blackjack, or any other weapon. No secondhand dealer shall display, in his or her window or shop, any such weapons.
(K) Dealings with persons under 21 years of age. No secondhand dealer shall employ anyone under the age of 21 years. No secondhand dealer shall purchase or receive any article from, or sell or donate any article to, persons under 21 years of age.
(L) Prohibition against possession of stolen property. No secondhand dealer shall possess any item on the licensed premises which constitutes STOLEN PROPERTY as defined in 720 ILCS 5/15-6.
(M) Nuisances. It shall be declared to be a public nuisance, and it shall be unlawful for any secondhand dealer:
(1) To permit any debris, rubbish, dirt or refuse to be accumulated on his or her licensed premises;
(2) To permit any dense smoke, cinders, dust, gas or odor to escape from his or her premises in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to other property or business;
(3) To make use of any public property for the storage, handling, or display of any items.
(N) Penalties. If at any time after receiving a secondhand dealer’s license a licensee shall violate any of the provisions of this section, any section of the Village Code, or any state or federal statute, the Village President may suspend or revoke the license pursuant to § 110.10 following notice and a hearing pursuant to § 110.17 of this Code. This remedy shall not preclude the Village from taking any other action against the licensee which may be deemed appropriate, including the imposition of penalties as set forth in § 10.99 of this Code.
(O) Hearing. Any person aggrieved by the action of any Village official in denying or revoking a secondhand dealer’s license shall have the right to a hearing before the Board of Trustees on any such action, provided a written request therefor is filed with the Village Clerk within 10 days after receipt of the notice of such denial or revocation of a secondhand dealer’s license. The action taken by the Board after a hearing shall be final.
(P) Reduction of number of licenses.
(1) Nothing contained in this section shall be construed as limiting or defeating in any way the lawful right of the corporate authorities of the Village to decrease the number of secondhand dealer licenses to be issued or to decrease the number of secondhand dealer licenses from time to time outstanding.
(2) If a Class A, B, or D secondhand dealer license which has previously been issued is revoked, is not renewed, or is abandoned, the number of licenses authorized to be issued under division (D) of this section for the class of license which was abandoned, revoked or not renewed shall be reduced by 1. For purposes of this section, a secondhand dealer license shall be considered to have been abandoned if a secondhand dealer does not operate its business on the premises for which the license is issued for a period of 3 consecutive months.
(1997 Code, § 32.28) (Ord. 81-3, passed 3-12-1981; Am. Ord. 85-0, passed 4-25-1985; Am. Ord. 85-9, passed 4-25-1985; Am. Ord. 85-38, passed 9-12-1985; Am. Ord. 85-40, passed 9-26-1985; Am. Ord. C0-05-31, passed 9-20-2005; Am. Ord. CO-2010-18, passed 10-5-2010; Am. Ord. CO-2012-14, passed 4-30-2012; Am. Ord. CO-2014-14, passed 4-1-2014)