Loading...
Any person employed by a person licensed as a broker under the provisions of this Article, who shall himself engage in the business or act in the capacity of a broker shall, notwithstanding the fact of such employment, be amenable to all the provisions of this Article and shall be required to possess an individual broker's license. (Ord. 1998-0-32, 6-15-98, eff. 7-1-98)
ARTICLE 4B
PAWNBROKERS
PAWNBROKERS
SECTION:
8-4B-1: Definitions
8-4B-2: License Administrator
8-4B-3: License Required
8-4B-4: Application For Licenses
8-4B-5: Restrictions On Licenses
8-4B-6: License Conditions
8-4B-7: Maintenance Of Records
8-4B-8: Removal Of Identifying Marks Prohibited
8-4B-9: Video Camera Surveillance Required
8-4B-10: Hours Of Business
8-4B-11: Sales And Redemptions Regulated
8-4B-12: Prohibited Pledges Or Purchases
8-4B-13: Violation Penalty
The following words and phrases shall have the meanings and are hereby defined as follows:
AUTHORIZED ONLINE DATABASE: An online reporting system, such as LeadsOnline, designated by the Chief of Police for reporting transactions pursuant to this article.
GIFT CARD: A card, or a stored value card or other physical medium, containing stored value primarily intended to be exchanged for consumer goods and services.
JEWELRY: Any "precious metal" as defined in this section or any "precious stone or gem" as defined in this section, including, but not limited to, earrings, chains, pendants, pins, brooches, bracelets, armbands, rings, head or hair ornaments, diadems, cuff links or similar objects comprising or containing precious metals or precious stones. The term "jewelry" also includes articles comprising or containing precious metals or precious stones, including, but not limited to, optical frames, pens, pencils, flatware or hollowware.
PAWN: Something given as a security for a loan.
PAWNBROKER: Any person who lends money on deposit or pledge of physically delivered personal property, or who deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property.
PAWNER: One who gives or deposits jewelry, precious metal, stones or gems or secondhand property as security for payment of a loan.
PRECIOUS METAL: Gold, silver or platinum with a value of more than one hundred dollars ($100.00).
PRECIOUS STONE OR GEM: Any genuine diamond, 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 PROPERTY: Any previously owned audio-video equipment, compact disc, audio or video tapes or recordings, camera, computer hardware, jewelry made of precious metal or stone, article made of precious metal, precious stone or gem, watch, equipment, machine, tool or device.
TRANSACTION: The receipt or disbursement of jewelry, precious metal, stones or gems or secondhand property by a pawnbroker through pawn, purchase, sale, barter, consignment or trade. (Ord. 16-019, 2-16-2016)
A. Chief Of Police To Serve: The Chief of Police shall be the pawnbroker license administrator and shall be charged with the administration within the Village of the appropriate provisions of this article.
B. Powers And Duties: The Chief of Police shall have the following powers, functions and duties with respect to pawnbrokers' licenses:
1. To investigate and review all applications, renewals and complaints; investigate operations of all licensed establishments; conduct hearings; receive evidence and sworn testimony; and to authorize the issuance of all pawnbroker licenses.
2. To reject license applications, suspend or revoke for cause all local licenses issued to persons for premises within the Village's jurisdiction. The violation of any of the provisions of this article by such licensee or applicant shall be deemed to be sufficient cause for suspension hereunder. A licensee knowingly, recklessly, or repeatedly violating any of the provisions of this article or any rules promulgated hereunder or knowingly submitting materially false or misleading documents hereunder shall be deemed to be sufficient cause for revocation hereunder.
3. To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this article or the statutes of the state have been or are being violated, and at such time to examine said premises, every article or other thing of value pawned or pledged, and books and records of said licensee in connection therewith.
4. To receive complaints that any of the provisions of this article, any rules or regulations adopted pursuant hereto, or statutes of the state, have been or are being violated and to act upon such complaints in the manner herein provided.
5. To receive local license fees and pay same forthwith to the Village Finance Director.
6. To keep or cause to be kept a complete record of all such licenses issued by the Village Board. (Ord. 16-019, 2-16-2016)
No person shall own or operate within the Village any pawnbroker's establishment, without first obtaining a license therefor as hereinafter provided.
Each such license shall terminate one year from the date of issuance. Any licensee may renew his or her license at the expiration thereof, provided the applicant is then qualified to receive a license and the premises for which such renewal license is sought is suitable for such purpose; provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall, in any case, prevent the Board from decreasing the number of licenses to be issued within its jurisdiction.
No more than three (3) such pawnbroker licenses shall be in force at any one time.
No pawnbroker shall conduct the business of a secondhand dealer, buying and selling secondhand property, without having obtained the license required for such dealer in addition to his or her pawnbroker's license. (Ord. 16-019, 2-16-2016)
Applications for such license shall be made to the Chief of Police, in writing, signed by the applicant if an individual, or by a duly sworn agent thereof if a corporation, verified by oath or affidavit, and shall contain the following statements and information:
A. The name, age, date of birth, and address of the applicant, in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; and in the case of a corporation, the date of incorporation, the objects for which it was organized, a summary of its activities during the past year, and the names and addresses of the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation, and the person(s) managing the premises.
B. A detailed description of the business of the applicant, and, in the case of a corporation, the objects for which it was formed.
C. The length of time said applicant has been in this type of business, or in the case of a corporation, the date when its charter was issued and a copy of the charter.
D. The location and description of the premises or place of business which is to be operated under such license, including security devices and systems which will be installed on the premises.
E. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application.
F. A statement that the applicant is not disqualified to receive a license by reason of any matter or thing contained in this article, laws of the state, or the ordinances of the Village, and a statement as to whether the applicant has ever been convicted of any felony, theft, burglary or possession of stolen property or any other criminal offense relating to dishonesty or breach of trust in connection with the operations of a pawnshop.
G. Whether a previous license issued by any state, or subdivision thereof, has been revoked, and the reasons therefor.
H. A statement that the applicant will not violate any of the laws of the state or any ordinances of the Village in the conduct of its place of business.
I. The application for a license shall be accompanied by the license fee, the amount of which is set forth in article 2 of this chapter and which sum shall be paid in full by the applicant to the Chief of Police or the Chief's designee who shall then forward said fee to the Finance Director for licensing such business for the term or period of one year upon granting of such license by the Village Board.
J. Each applicant for a license under the provisions of this article shall execute to the Village a bond in the penalty amount of ten thousand dollars ($10,000.00), conditioned on the due observance of all ordinances of the Village respecting pawnbrokers during the effective period of such license. (Ord. 16-019, 2-16-2016)
Loading...