CHAPTER
25
PAWNBROKERS, AND JUNK AND SECONDHAND MERCHANDISE DEALERS
Art. I In General, Secs. 25‑1 ‑
25‑16
Art.
II Junk Dealers, Secs. 25‑17 ‑ 25‑42
Div.
1. Generally, Secs. 25‑17
‑ 25‑29
Div.
2. License, Secs. 25‑30
‑ 25‑42
Art.III Pawnbrokers,
Secs. 25‑43 ‑ 25‑59
Div. 1. Generally, Secs. 25‑43 ‑
35‑51
Div 2. License, Secs. 25‑52 ‑ 25‑59
Art.
IV Secondhand Dealers, Secs. 25‑60 ‑ 25‑76
Div.
1. Generally, Secs. 25‑60
- 25-73
Div.
2. License, Secs. 25‑74
‑ 25‑76
ARTICLE I. IN GENERAL
Sec. 25.01
‑ 25‑16. Reserved.
ARTICLE II. JUNK DEALERS
DIVISION 1. GENERALLY
*Cross Reference ‑ Junked,
abandoned and wrecked vehicles, Sec. 32‑72 et seq.
Sec. 25 ‑ 17. Definitions - junk dealers.
Terms used in this article shall have the
following meanings:
Junk: The term junk, shall refer to old iron, chain, brass, copper, tin, lead, or other base metals, old rope, old bags, wastepaper, paper clippings, wool scraps, rubber, rags, glass, empty bottles of different kinds and sizes when the number of each kind or size is less than one gross, and all articles and things discarded no longer a manufactured article.
Junk dealer: The term "junk dealer" shall refer to a person who engages in the business of buying, selling, bartering or exchanging junk, or who collects, receives,
stores, or holds in possession for sale, barter or exchange, any junk whether dealing at wholesale or at retail or as a junk peddler.
Junk peddler: The term "junk peddler" shall refer to a person who deals in junk but does not occupy any premises especially for such business. (Code 1965, Sec. 33.01)
Sec. 25‑18. Markings for vehicles; wearing of badges.
Each vehicle used by any junk dealer or
junk peddler shall display the name of the licensee and his license number
plainly on the exterior thereof, or if a metal license plate is issued by the
City Clerk, such metal plates shall be so displayed. If metal badges are issued
by the City Clerk, a junk dealer or junk peddler and their employees shall wear
such badge while engaged in the junk business. (Code 1965, Sec. 33.03)
Sec. 25‑19. Inspections
generally - junk dealers.
Every store or yard where junk is dealt in, shall be subject to inspection by the Police and Fire Departments.
Inspection shall be made at reasonable hours. (Code 1965, Sec. 33.04)
Sec. 25‑20. Junk Dealers dealing with minors.
No junk dealer or peddler shall within
the City purchase any goods, articles or things except old rags and wastepaper,
from any minor without written consent of the parent or guardian of such minor.
(Code 1965, Sec.33.05)
State law reference‑‑Authority
of municipality to forbid any person from purchasing or receiving articles from
minors without written consent of parent or guardian, Ill. Rev. Stat. Ch. 24,
Sec.11-41-3.
Sec. 25‑21. Inspection of lost or stolen goods by police.
Every junk dealer or peddler who shall receive or be in possession of any goods, articles or things of value which may have been lost or stolen, or alleged to have been lost or stolen, shall upon demand to view or examine the same, forthwith produce such goods, articles or things to any member of the Police Department. (Code 1965, Sec. 33‑06)
Sec. 25‑22. Acting
as pawnbroker or loaning money prohibited.
No junk dealer or junk peddler shall
engage in pawn broking, or loan any money on the security of any article or
thing. (Code 1965, Sec. 33.07)
Sec. 25‑23. Destroying
or selling goods after receipt restricted.
No retail junk dealer shall destroy, refashion,
mutilate or resell any goods or articles within two (2) days after receiving
such goods or articles. (Code 1965, Sec. 33‑08)
Sec. 25‑24-‑25‑29. Reserved.
DIVISION 2. LICENSE
*Cross Reference‑‑Licenses
generally, Sec. 21‑1 et seq.
Sec. 25‑30. License
required by junk dealer; issuance.
No person shall engage in business as a junk dealer or junk peddler without a license. A separate license shall be procured for a wholesale business and a retail business, and for each separate junk store or junkyard. The Mayor shall grant a license to such persons as shall produce satisfactory evidence of good character. (Code 1965, Sec. 33.02)
Sec. 25‑31. Fee for junk dealers.
The license fee for a license required by
this division shall be paid in the amount described in Chapter 21 Section 21.04
of this Municipal Code. (Code 1965, Sec.33.02; Ord
04-24 Sec 9)
Sec. 25‑32‑‑25‑42. Reserved.
ARTICLE III. PAWNBROKERS
DIVISION 1. GENERALLY
State law reference‑‑
Authority of municipalities to license and regulate pawnbrokers, Ill. Rev.
Stat. Ch. 24, Sec. 11‑42‑5.
Sec. 25‑43. Records - pawnbrokers.
Every pawnbroker or keeper of a loan
office shall keep a suitable book, in which shall be written in ink, at the
time of making each loan, an accurate description of the goods, articles or
things pawned or pledged, the amount of money loaned thereon, the time for
which the same is pledged, the rate of interest to be paid on such loan, and
the name and residence of the person paying or pledging the goods, articles
or things.(Code 1965 32.10)
Sec. 25‑44. Pawn ticket reports.
Every pawnbroker or keeper of a loan
office shall also, at the time of making each loan, deliver to the person
pawning or pledging any goods, articles or things of value, a memorandum or note
signed by him, containing the substance of the entry to be made in the book
required in this division, and it shall be the duty of every such person to
make out and deliver to the Chief of Police every day before the hour of 12:00
noon a legible and correct copy from the book of all personal property and all
other valuable things received on deposit or purchased during the preceding
day, together with the hour received or purchased, and a true description of
the person by whom left in pledge, or from whom the same was purchased. (Code
1965, Sec.32‑10)
Sec. 25‑45. Prohibited transactions - pawnbrokers.
A pawnbroker or keeper of a loan office
shall not take or receive in pawn or pledge, for money loaned, any property,
article or thing of value from any intoxicated person, nor from any person
known to him to be a thief, or to have been convicted of burglary or larceny,
nor from any minor. (Code 1965, Sec.32 10)
State law reference ‑ Authority of
municipality to forbid any person from purchasing or receiving articles from
minors without written consent of parent or guardian, Ill. Rev. Stat. Ch. 24
Sec. 11‑42‑3.
Sec. 25‑46 ‑ 25‑51. Reserved.
DIVISION 2. LICENSE
Sec. 25‑52. License
required - pawnbroker.
No person shall engage in the business of
a pawnbroker or keeper of a loan office within the City without a license
therefore. (Code 1965, Sec 32.10)
Sec. 25‑53. Fee for pawnbroker.
The license fee for a license required by
this division shall be paid in the amount described in Chapter 21 Section 21.04
of this Municipal Code. (Code 1965, Sec. 32.19; Ord
04-24, Sec 9)
A)
No
more than one license pursuant to this Section shall be issued. However, any license in existence at the time
of adoption of this ordinance may continue to exist and may continue to be
reissued at the sites described below until said license is not renewed or
until said license is revoked for any reason.
In the event that any license is not renewed or is revoked, no new
license shall be issued for said site or any other site unless no other license
is currently in force and effect. The
license currently in force and effect are the following licensees:
Daniels
Pawn Shop 892 West
Station
Downtown
Pawn Shop
The
Pawn Shop
B) No license may be
transferred pursuant to this section. In
the event of a sale of a business the purchaser of said business is required to
apply of said license. In the event that
one or more licenses are then in effect, no license shall be issued to any
transferee. (Ord 04-91)
Sec. 25-54-
The license fees for a license required by this division shall be One
Hundred and no/100s Dollars ($100) per year and the application for said
license shall be complete and shall provide any information required by said
application.
Sec. 25-55
Any person or entity who violates the provisions
of this ordinance is subject to a fine not to exceed Five Hundred and no/100s
dollars ($500.00). Each day that said
violation continues shall be considered a separate violation and is subject to
the penalties provided herein. In
addition to said penalties, said person or entity shall be subject to orders of
closure and injunctive proceedings, in discretion of the City.
Sec. 25-56-25‑59. Reserved.
ARTICLE IV. SECOND HAND DEALERS
DIVISION 1. GENERALLY
State law reference‑‑
Authority of municipalities to license and regulate pawnbrokers, Ill. Rev.
State.
Cross Reference ‑ Licenses
generally, Sec. 21‑1 et seq.
Sec. 25‑60. Definition - second hand dealers.
The words "secondhand dealer"
as used in this article shall not include itinerant dealers in secondhand
clothes, secondhand bottle dealers or exchanges, pawnbrokers or junk dealers as
defined and licensed by other provisions of this Code, or sales or exchanges of
used articles and materials conducted by charitable or religious organizations;
but shall specifically include those persons that temporarily or permanently
conduct the business of purchasing used items of gold, silver, jewelry or other
precious metals in the City. (Code 1965, Sec. 32.05; Ord.
No. 81‑2, Sec.1, 1‑5‑81)
Sec. 25‑61. Location
of second hand dealers restrictions.
No person shall engage in the business of
a secondhand dealer on any lot fronting on any public way in any block in which
one half (1/2) of the buildings on both sides of the public way are used
exclusively for residence purposes, or within fifty (50) feet of any such
public way, without the written consent of a majority of the property owners
according to frontage on both sides of such public way. Such frontage consents
shall be filed with the building inspector.
(Code 1965, Sec. 32.05)
Sec. 25‑62. Record
books for second hand dealers.
Every 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,
setting forth the following: The date of the transaction, the name and
residence of the purchaser or seller, and a brief description of the article
sold or purchased, including identification numbers thereon, if any such record
shall at all reasonable times be open to the inspection of any member of the
police force, or any person authorized in writing for such purpose by the Chief
of Police. (Code 1965, Sec. 32.05)
Sec. 25‑63. Use of non‑licensed premises by second hand dealers.
No secondhand dealer shall make use of
any property, private or public, not included within the premises licensed
under this article, for the storage, handling or display of any secondhand
article. (Code 1965, Sec. 32.05)
Sec. 25‑64. Destruction
of material received restricted.
No secondhand dealer shall take apart or
melt any secondhand article, or remodel or rebuild the same until he shall have
made a record of his intention so to do, along with the description of such
article and all other data required to be recorded, in his record book nor
until he shall have kept such article intact in his licensed place of business
for inspection for ten (10) days. (Code 1965, Sec. 32.05)
Sec. 25‑65. Maintenance of premises; failure to maintain deemed nuisance.
It is hereby declared to be a public
nuisance, and it shall be unlawful, for any secondhand dealer to permit any
debris, rubbish, dirt or refuse to accumulate on his premises or to permit any
dense smoke, cinders, dust, gas or odor which is offensive or prejudicial to
the health or dangerous to the life of any person to escape from his premises,
and the board of health or any officer designated by it shall take necessary
action to abate such nuisance. (Code 1965, Sec. 32.05)
Sec. 25‑66. Transactions by second hand dealer with minors.
No secondhand dealer shall purchase any
secondhand article from any minor without the written consent of his parent or
guardian. (Code 1965, Sec. 32.05)
State law reference ‑ Authority of
municipality to forbid any person from purchasing or receiving articles from
minors without written consent of parent or guardian, Ill. Rev. Stat. Ch. 24,
Sec. 11‑42‑3.
Sec. 25‑67. Holding
of pawnbroker's or junk dealer's license by licensee prohibited.
No person licensed as a secondhand dealer
shall during the period of his license, receive or hold a license to carry on
the business of a pawnbroker or keeper of a junk shop. (Code 1965, Sec. 32.05)
Sec. 25‑68 ‑ 25‑73. Reserved.
DIVISION 2. LICENSE
*Cross Reference ‑ Licenses
generally, Sec. 21‑1 et seq. Sec. 25‑74. Required.
No person shall engage in the business of
a secondhand dealer without a license therefore for each separate location
where such business is to be carried on. (Code 1965, Sec. 32.05)
Sec. 25‑75. Investigation to obtain second hand license.
When an application for a license
required by this division is made, the Chief of Police shall cause an
investigation to be made to ascertain whether the applicant has complied with
the state laws and the provisions of this Code applicable to such business, and
whether the applicant is of good character and repute. (Code 1965, Sec. 32.05)
Sec. 25‑76. Fee for a second hand license.
The annual fee for a secondhand dealer's
license shall be paid in the amount described in Chapter 21 Section 21.04 of
this Municipal Code.. (Code 1965, Sec. 32.05; Ord 04-24, Sec 9)
PAWNBROKERS, JUNK DEALERS AND SECOND HAND DEALERS
ARTICLE I. IN GENERAL....................................................................................................... 25
ARTICLE
II.
JUNK DEALERS................................................................................................. 25
Acting as pawnbroker or
loaning money prohibited....................................................... 25
- 22
Definitions
‑ junk dealers.............................................................................................. 25
- 17
Destroying/selling goods
after receipt............................................................................ 25
- 23
Fee
for junk dealers..................................................................................................... 25
- 31
Inspection
of lost or stolen goods by police................................................................... 25
- 21
Inspections generally
junk dealers
25 - 19
Junk
Dealers dealing with minors.................................................................................. 25
- 20
License required by junk
dealer; issuance...................................................................... 25
- 30
Markings
for vehicles; wearing of badges...................................................................... 25
- 18
ARTICLE
III.
PAWNBROKERS............................................................................................... 25
Fee
for pawnbroker..................................................................................................... 25
- 53
License required ‑
pawnbroker..................................................................................... 25
- 52
Pawn ticket
reports...................................................................................................... 25
- 44
Prohibited
transactions ‑ pawnbrokers.......................................................................... 25
- 45
Records
‑ pawnbrokers............................................................................................... 25
- 43
ARTICLE
IV.
SECOND HAND DEALERS.............................................................................. 25
Definition
‑ second hand dealers................................................................................... 25
- 60
Destruction of material
received restricted..................................................................... 25
- 64
Failure to maintain premises
deemed nuisance............................................................... 25
- 65
Fee
for a second hand license....................................................................................... 25
- 76
Holding of pawnbroker's
or junk dealer's license........................................................... 25
- 67
Inspections
generally ‑ junk dealers............................................................................... 25
- 19
Investigation
to obtain second hand license.................................................................... 25
- 75
Location of second hand dealers restrictions................................................................. 25
- 61
No non‑licensed
premises for second hand dealers....................................................... 25
- 63
Record books for second
hand dealers......................................................................... 25
- 62
Transactions
by second hand dealer with minors........................................................... 25
- 66