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HomeMy WebLinkAboutORDINANCE - 3293 - 3/27/2012 - AMENDMENT - PAWNBROKERSORDINANCE NO.3293 AN ORDINANCE AMENDING CHAPTER 23 PAWNBROKERS OF TITLE 3 BUSINESS AND LICENSE REGULATIONS OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY INCLUDING PRECIOUS METAL SALES DEALERS IN CHAPTER 23 AND INCREASING THE LICENSE FEE WHEREAS, the Village currently licenses and regulates pawnbrokers and dealers in secondhand property pursuant to Chapter 23 of Title 3 of the Village Code; and WHEREAS, new businesses which deal in the sale and purchase of precious metals have opened businesses in Elk Grove or are intending to open businesses in Elk Grove thus requiring an amendment to our licensing and regulation provisions with respect thereto; and WHEREAS, the Police Department of the Village has recommended the use of a new programming system, which system will better identify the goods and products being pawned or sold to the licensed businesses which will assist the Police Department in investigating stolen goods and the subsequent sales and delivery thereof. NOW, THEREFORE, 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 the title of Chapter 23 of Title 3 of the Village Code be amended by changing said title from Pawnbrokers to Pawnbrokers and Precious Metal Sales Dealers. Section 2: That Chapter 23 of Title 3 of the Village Code, as re -titled, shall read as set forth on Exhibit A attached hereto and incorporated herein. Section 3: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 27th day of March 2012 APPROVED this 27th day of March 2012 APPROVED: Mayor Craig- B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk OrdChapterD PawnbrokcrAmend EXHIBIT A Chapter 23 Pawnbrokers and Precious Metal Sales Dealers Section 3-23-1: DEFINITIONS: 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. SECONDHAND PROPERTY: Any previously owned audio -video equipment, compact disk, 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. PRECIOUS METAL SALES DEALERS: Any dealer who buys, sells or otherwise conducts business in secondhandjewelry, coins, gold, silver, platinum, gems and other precious metals. Section 3-23-2: LICENSE REQUIRED: It shall be unlawful for any person to conduct, operate, carry on or manage a pawnbroker business or a precious metal sales 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 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 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 chapter, 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 thereof. G. The application for a license shall be accompanied by the license fee in the amount of one thousand dollars ($1,000.00). 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 chapter. C. A person whose license under this chapter 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 co -partnership, unless all of the members of such co -partnership 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 license thereon for the full period for which the license is issued. Section 3-23-5: MAINTENANCE OF RECORDS: A. It shall be unlawful for any pawnbroker and/or limited precious metal sales dealer to accept, buy or exchange any article prior to examining the identifying credentials of the person pawning, selling or exchanging any article of property included under the provisions of this chapter. A photocopy of said credentials shall be saved and produced to the Elk Grove Village Police Department upon request. B. Each licensee shall keep a legible and accurate record of the property pawned, pledged or sold, which record shall include the amount of money involved in the transaction and the person pawning, pledging or selling the articles of property and/or jewelry. In addition, each licensee shall enter the record as set forth above on an approved computer form in a computerized recordkeeping system, approved and designated by the Police Department. Each entry shall include a description of the individual pawning, pledging or selling the articles including the hair color, sex, approximate height, weight, date of birth, driver's license number and/or copy of a State ID together with a digital photograph as well as an accurate description of the goods, articles or property involved in the transaction, including the manufacturer, model, serial number or any such number or marking that is engraved, etched or written upon said property. Section 3-23-6: REMOVAL OF IDENTIFYING MARKS PROHIBITED: No licensee shall remove, alter or obliterate any manufacturer's make, model or serial member, 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') -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 videotape recordings produced therefrom for at least thirty (30) days. Said videotape 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 title shall apply to any violations of the provisions of this Chapter.