Loading...
HomeMy WebLinkAboutORDINANCE - 3240 - 7/13/2010 - PAWNBROKER BUSINESS LICENSEORDINANCE NO. 3240 AN ORDINANCE AMENDING TITLE 3 BUSINESS AND LICENSE REGULATIONS BY ADDING THERETO A NEW CHAPTER LICENSING AND REGULATING PAWNBROKER BUSINESS IN THE VILLAGE BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village Counties of Cook and DuPage Illinois as follows: Section 1: That Title 3 Business and License Regulations of the Village Code of the Village of Elk Grove Village be and the same is hereby amended by adding a new chapter licensing and regulating the pawnbroker business within the Village, said new chapter as set forth in Exhibit A attached hereto and by this reference incorporated herein. Section 2: That Chapter 1, General License Fee Provisions, is amended by adding thereto, in Section 3-1-6 License Fees, Pawnbrokers with an annual fee of one hundred ($100.00) dollars. Section 3: That this ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13'h day of July 2010. APPROVED this 13'h day of July 2010. APPROVED: Mayor Craig B. Johnson ATTEST: Judith M. Keegan, Village Clerk Ordpawnbrokerbusiness EXHIBIT A CHAPTER 23 PAWNBROKERS Section 3-23-1 Definitions PAWNBROKERS: A "pawnbroker" is 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. 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. Section 3-23-2 License Required It shall be unlawful for any person to conduct, operate, carry on or manage a pawnbroker business, either by himself or through an agent, employee or partner, without first having obtained a license as is herein provided. Section 3-23-3 Application for License Application for such license shall be made to the Finance Department, in writing, signed by the applicant, if an individual, or by a duly sworn agent thereof of 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 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. 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. C. 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. D. 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. E. 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. F. Whether a previous license issued by any state, or subdivision thereof, has been revoked and the reasons therefore. G. The application for a license shall be accompanied by the license fee in the amount of one hundred dollars ($100.00). Section 3-23-4 Restrictions on Licenses: No such license shall be issued to: A. A person who is not of good character and reputation in the community in which he or she resides. B. A person who has been found guilty of a felony under any Federal or state law or of the offense of theft, burglary, possession of stolen property or of any violation of the pawnbroker's provisions of this Code. C. A person whose license under this Article has been revoked for cause. D. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license under a first application. E. A copartnership, unless all of the members of such copartnership shall be qualified to obtain a license. F. A corporation, if any officer, manager or director thereof or any stockholder or stockholders owning directly or beneficially in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason. G. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee. H. A person who does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is issued. Section 3-23-5 Maintenance of Records: A. Each licensee shall keep a book in which there shall be typed or printed in ink at the time of each loan a legible and accurate description in the English language of the goods, articles or things pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the person pawning or pledging the said goods, articles or things. No entry made in such book shall be erased, obliterated or defaced. For purposes of this section, the phrase "typed or printed in ink" may include a computer form approved by the Chief of Police. B. The description of each musical instrument, camera, appliance, electronics or machine of any type shall include: the brand name; the model number, if available; any serial number or other identification number installed by the manufacturer; and a description of every other identifying marking, such as an inscription, a social security number, a name, a nickname, or address appearing on the item. The description of each watch shall include: the brand name; model number, if available; a description of the metal or metals of its composition; a description of the band, if any; a description of the face by number, color, cut, shape and type of stone or stones, if any; and a description of any inscriptions appearing on the watch. The description of each item of jewelry shall include the type; a description of the metal or metals of its composition; the type, shape and cut of each stone; and a description of all inscriptions. Each ring shall also be identified by ring size. In addition, each item shall be photographed in color in such a manner that the photograph clearly and accurately depicts the item photographed and that such photograph shall be developed and made a part of the paNAmbroker's permanent record before the pawnbroker shall be permitted to sell, destroy or otherwise dispose of such item. Photographs shall'be kept for a minimum of three (3) years. Section 3-23-6 Removal of Identifying Marks Prohibited: No licensee shall remove, alter or obliterate any manufacturer's make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received in pledge until such time that the licensee becomes the legal owner of the property. In addition, an item shall not be accepted for pledge or purchase where the manufacturer's make, model or serial number, personal identification number or identifying marks engraved or etched upon an item of personal property has been removed, altered or obliterated. Section 3-23-7 Video Camera Surveillance Required: Each pawnbroker shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of his or her customers and shall retain the video tape recordings produced therefrom for at least thirty (30) days. Said video tape recordings shall be subject to inspection and copying by the police during normal business hours. Section 3-23-8 Inspections: It shall be the responsibility of the Chief of Police to make or cause to be made such inspections that may be necessary to ensure compliance with the provisions of this Chapter. Section 3-23-9 Penalty: The provisions of Section 3-1-17 of this Village Code shall apply to any violations of the provisions of this Chapter.