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If the primary business or activity of the site host has ceased, the donation box permit shall automatically expire. In such event, the Village shall provide notice to the permittee that the permit has expired. The permittee shall have seven (7) days after service of said notice to remove the donation box from the property. (Ord. 15-075, 3-16-2015)
A. If a permittee does not maintain a donation box in accordance with this article, the Village may serve a notice of noncompliance to the permittee to remedy the condition of noncompliance within five (5) days of service of the notice.
B. If a permittee fails to remedy any condition of noncompliance within five (5) days after notice, the Village is authorized to remove the donation box to a secure location. The Village shall notify the donation box owner that it must collect the donation box from the secure location within ten (10) days following service of the notice. If the donation box owner does not collect the donation box from its secure location within ten (10) days following notice, the Village is authorized to dispose of the donation box and its contents in any lawful manner. The donation box owner shall be liable for the reasonable costs of removal and disposal incurred by the Village. (Ord. 15-075, 3-16-2015)
Notices provided pursuant to this article shall be in writing and shall be sent by regular mail and e-mail with a read receipt to the contact person provided pursuant to subsection 8-36-4B of this article. (Ord. 15-075, 3-16-2015)
A. Violations of this article are punishable by a minimum fine of twenty five dollars ($25.00) and a maximum fine of seven hundred fifty dollars ($750.00). Each day a violation shall continue shall be a separate and distinct offense.
B. In addition, if a donation box owner or site host is found to have violated the provisions of this article on more than three (3) occasions in a calendar year, the applicable permit shall be revoked and the permittee shall be deemed ineligible to obtain a donation box permit for a period of five (5) years. (Ord. 15-075, 3-16-2015)
ARTICLE 37
SECONDHAND GOODS DEALERS
SECONDHAND GOODS DEALERS
SECTION:
8-37-1: Definitions
8-37-2: Compliance Required
8-37-3: License Required
8-37-4: Application; Investigation; Approval; Issuance
8-37-5: License Fee
8-37-6: Business Location; Zoning; Inspection; Code Compliance
8-37-7: Duty To Report Stolen Or Lost Articles
8-37-8: Identification Required; Recordkeeping
8-37-9: Inspection Of Records
8-37-10: Transactions With Prohibited Parties
8-37-11: Violation Penalty
For the purpose of this article, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
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.
PRECIOUS METAL: Gold, silver or platinum.
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 GOODS: Goods, wares and merchandise which were previously owned or used by any person other than the manufacturer, wholesaler, or retailer, including, but not limited to, the following:
A. Cameras and other photographic instruments and equipment.
B. Cellular or smart phones and other satellite signal devices.
C. Gemstones or gems.
D. Gift cards.
E. Jewelry.
F. Laptop or desktop computers and tablets.
G. Precious metals as defined herein.
H. Precious stones as defined herein.
SECONDHAND GOODS DEALER: Any individual, corporation, business, partnership or other entity who: a) engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any "secondhand goods", as defined herein; or b) who purchases any "secondhand goods", as defined herein, for purposes of recycling or salvaging such items. A secondhand goods dealer shall not include: a) 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 athletic groups, which accept donated items to resell for fundraising activities; and b) residents of the Village conducting garage sales as permitted by this code. A secondhand goods dealer licensed hereunder is also referred to as "licensee" in this article. (Ord. 16-019, 2-16-2016)
No person shall hereafter locate, build, construct, keep, conduct, operate or maintain a place of business in which secondhand goods are handled, sold, exchanged, purchased, delivered, bartered, or transferred within the Village except in compliance with the provisions of this article. (Ord. 16-019, 2-16-2016)
A. Application for a license required by this article shall be to the Chief of Police and shall state:
1. The full name and address of such applicant and in the case of a firm the full name and address of each member of the firm, and in case of a corporation the full name and address of each officer of said corporation;
2. That none of the persons named in said application has ever been convicted of a crime;
3. The exact location of such proposed place of business; and
4. The nature of applicant's title to said premises or to a right to occupy the same.
B. The Chief of Police shall conduct an investigation of each license applicant under this article and determine whether or not such applicant has complied with the laws of the state of Illinois and the provisions of this article applicable to said business, and whether the applicant is a person of good character and repute.
C. No license shall be issued to any person, partnership, corporation or other entity, in the discretion of the Chief of Police if any owner, manager, partner, officer, director, employee or shareholder owning more than five percent (5%) of the shares of stock in the corporation has been convicted of any felony offense or convicted of the offense(s) of possession of stolen goods, burglary, robbery, or who has been convicted of any criminal offense involving dishonesty or moral turpitude.
D. Every applicant for a license under this article, as well as every owner, partner, manager, officer, director, employee, and in the case of a corporate applicant, every shareholder owning more than five percent (5%) of the shares of stock in the corporation shall undergo a criminal background investigation, which investigation may include fingerprinting, prior to the issuance of a license. (Ord. 16-019, 2-16-2016)
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