HomeMy WebLinkAboutOrdinance #1114
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ORDINANCB NO. 1]11
AN ORDINANCE AMENDING TITLE 3, CHAPTER 2 OF THE CANTON MUNICIPAL
CODE REGULATING SECOND HAND DEALERS
WHEREAS, the Legal and ordinance Committee has determined that
it is in the best interest of the City of Canton to license and
regulate all persons engaging in business within said municipality
as pawnbrokers; swap shop proprietors; dealers in second hand
goods; dealers in coins, precious or semi-precious metals or
jewels; and other business of similar nature; and,
WHEREAS, the City Council of the City of Canton, Fulton
County, Illinois, has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois, as follows:
1. That Title 3, Chapter 2, Section 5 of the Canton Municipal
Code is hereby amended to read as follows:
"3-2-5. SECONDHAND DEALER - DEFINED.
As used in this chapter, a secondhand dealer is any person,
partnership, corporation, association, joint venture, trustee,
court-appointed representative or agent thereof which operates a
business for profit which buys, sells, possesses on consignment for
sale or trades jewelry, stamps, coins or any precious metals which
may have been previously owned by a consumer; or which derives more
than 35 percent of its gross receipts from the sale, consignment
for sale, pledge or trade of any goods, wares or merchandise which
have previously been owned by a consumer, including but not limited
to, furniture, appliances, clothing, automobile accessories, books
or metals, whether in bulk or manufactured state. The term
secondhand dealer shall include businesses commonly known as
pawnbrokers, swapshop operators, stamp dealers, coin dealers and
jewelers who purchase and resell items from persons other than
dealers and suppliers. The fact that any business does any of the
following acts shall be prima facie proof that said business is a
secondhand dealership;
(1) Advertises in any fashion that it buys or sells
secondhand or used items. Such advertisements shall include,
but are not limited to, media advertisements, telephone
listings, and signs whether on the exterior or interior of the
business.
(2) Devotes a significant segment or section of the business
premises to the purchase or sale of secondhand or used items.
3-2-5.1. LICENSE - REQUIRED.
No person, either as owner, manager, lessee, officer or agent,
or in any other capacity, within the City of Canton, shall operate
or permit to be operated a secondhand dealership without first
having obtained a license from the City of Canton to do so.
3-2-5.2. SAME - EXEMPTIONS.
The following are exempt from the requirements of this
chapter:
(a) Garage sales. As used in this Section, a garage sale is
defined as the sale at retail of used personal property by the
lawful resident(s) of residentially zoned property which
garage sale is not conducted on a periodic or ongoing basis.
A garage sale shall be deemed to be periodic or ongoing if a
garage sale is held by the lawful resident of residentially
zoned property more than four (4) days in any one calendar month.
(b) Sales conducted by governmental, civic, patriotic,
fraternal, educational, religious or benevolent organizations
which have been in active and continuous existence for at
least one year prior to the holding of the sale, or which are
incorporated as a not for profit corporation by the State of
Illinois.
(c) Sales or purchases which are regulated by the licensing
laws of the State of Illinois, including automobile dealers,
used parts dealers and automotive parts recyclers.
(d) Antique Dealers. As used in this Section, an antique
dealer is defined as one who has a majority (51$) of his gross
sales each year derived from the sale of antiques and/or
primitives. As used in this Section, an antique or primitive
is defined as an old and valuable art object or article no
longer in production which is at least fifty (50) years old.
As used in this Section, the term "sale" does not inclue an
exchange, trade, or swap of items.
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(e) The sales of used paperback books and magazines.
(f) Sales and trades of baseball cards.
3-2-5.3. SAME - APPLICATION.
An application for a license required by Section 5.1 shall be
made in writing to the Canton City Clerk which shall minimally set
forth the following:
(1) The name of the individual, partnership, corporation or
association applying for a license;
(2) The residence, phone number, date of birth and driver's
license number of the applicant or partners, or, if a corporation
or association, the residence, phone number and driver's license
number of the officers and all shareholders owning more than 5$ of
the outstanding shares of stock;
(3) The location for which the license is requested:
(4) Whether the applicant, its partners, officers or listed
shareholders have been convicted of any criminal offense or
ordinance violation (other than traffic or parking offenses) in any
jurisdiction and, if so, a list of such convictions with date and
prosecuting jurisdiction; and,
(5) Whether the applicant, its partners, officers or listed
shareholders have held a license or had an interest in a license
issued by the or any other jurisdiction regulating the purchase or
sale of secondhand property revoked for cause, and, if so, list the
date of revocation and jurisdiction.
3-2-5.4. SAME - FEES.
The applicant shall pay the City Clerk prior to filing an
application a license fee of Fifty Dollars ($50.00) per calendar
year or part thereof. Should the license be denied, the license
fee shall not be refunded to the applicant. The license shall be
renewed annually and a Fifty ($50.00) Dollar annual renewal fee
shall be paid in advance for the calendar year or part thereof; if
no background investigation is required, the annual renewal fee
shall be fifteen ($15.00) Dollars.
3-2-5.5. SAME - INVESTIGATION.
Upon receipt of an application for a license the City Clerk
shall cause a copy thereof to be sent to the Police Department
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which shall report back to the City Clerk in twenty-one (21) days
whether the application is in accordance with applicable city
codes.
3-2-5.6. SAME - ISSUANCE.
Upon receipt of the report from the police department referred
to in Section 5.5, the City Clerk shall issue the license requested
unless the City Clerk shall find:
(1) The applicant is under the age of eighteen (18);
(2) The location requested is not in a permanent structure;
(3) The applicant, its partners, officers or listed
shareholders have been convicted of or have plead guilty to any
offense related to theft, burglary, or purchasing or receiving
stolen items under the laws of this state, city or any other
jurisdiction within the past ten (10) years, or have forfeited a
bond to appear in court to answer for charges for such offenses
during said time;
(5) That the location requested and structure to be used
would not comply with all applicable laws including the zoning code
of the City of Canton;
(6) That the applicant, its partners, officers or listed
shareholders have held a license or had an interest in a license
issued by the City of Canton or any other jurisdiction regulating
the purchase or sale of second hand property which was revoked for
cause; or
(7) That the applicant, its partners, officers or listed
shareholders has knowingly furnished false or misleading
information or withheld relevant information on any application for
a license required by Section 5.3 of this Chapter or any
investigation into any application.
3-2-5.7. SAME - POSTING.
Every license issued under the provisions of this chapter
shall, at all times during the period for which it is effective, be
posted in a conspicuous place at or near the principal entrance to
the premises for which the license is issued.
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3-2-5.8. SAME - REVOCATION.
Any license issued for a secondhand dealer may be revoked or
suspended for a period not to exceed thirty (30) days by the Mayor
if he shall find after hearing;
(1) That the licensee, its officers, agents or employees have
violated any of the provisions of this chapter, the laws of the
State of Illinois, or ordinances of the City of Canton in the
operation of the business; or,
(2) That the licensee, its partners, officers or shareholders
have been convicted of any offense set forth in Section 5.6 of this
Chapter; or,
(3) That the license, partners, officers or shareholders have
knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by
Section 5.3 of this Chapter or any investigation into any
application.
The licensee shall be responsible for the acts of its agents,
servants and employees in the operation of the business. Prior to
holding a hearing concerning the question of whether a license
shall be revoked or suspended, the Mayor shall give at least ten
(10) days written notice to the licensee setting forth the alleged
violation. The licensee may present evidence and cross-examine
witnesses at such hearing.
3-2-5.9. SAME - BOND.
Every applicant for a license under this chapter shall file
with the City Clerk a surety bond in the penal sum of One Thousand
Dollars ($1,000.00), with two (2) or more sureties owning real
estate in the City of Canton approved by the City Attorney,
or corporate surety licensed with the State of Illinois, with the
applicant as obligee, conditioned for the faithful and due
performance of the provisions of this chapter and the laws of the
State of Illinois concerning the operation of the licensed
business, and the payment of all fines and penalties by reason of
the violation thereof.
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3-2-5.10. SAME - TRANSFER.
(a) No License issued under this chapter may be transferred
to any other person, partnership, corporation or association.
(b) No corporate Licensee shall permit any transfer of its
stock which would vest in aggregate more than 5$ of the stock
outstanding in said corporation in any shareholder unless said
shareholder has first been certified by the City Clerk as meeting
the requirements of Section 5.6 of this chapter.
3-2-5.11. CHANGE OF LOCATION.
No licensee shall carry on any business required to be
licensed under this chapter except at the location designated on
the license. Should the licensee wish to change the location,
application shall be made to the City Clerk for such change in
writing. The City Clerk shall approved the change of location
unless the new location would be contrary to the provisions of this
chapter or any of the ordinances of the City. There shall be no
fee for filing any application for change of location.
3-2-5.12. HOURS OF OPERATION.
No licensee shall purchase any goods, wares, articles or
things, whatsoever, from any person, firm, partnership,
corporation, or association, between the hours of 9:00 p.m. and
7:00 a.m. the next day.
3-2-5.13. PROHIBITED PURCHASES.
No licensee shall purchase or accept any goods, wares,
articles, or things under any of the following circumstances.
(1) Where the seller is less than the age of 18;
(2) Where the seller is intoxicated. Intoxicated is defined
as a seller whose mental or physical functioning is substantially
impaired as a result of the use of alcohol or drugs.
(3) Where the seller fails to present two forms of
identification of which at least one contains the seller's full
legal name, date of birth, a photograph or full physical
description, and an identification number;
(4) Where the article to be purchased had an original
manufacturers serial number at the time it was new, but no longer
legibly exhibits said number.
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3-2-5.14. PURCHASING, SELLING, ETC., WEAPONS PROHIBITED.
No licensee shall deal in, or buy or sell, or display in his
shop, any pistol, revolver, derringer, Bowie knife, dirk or other
deadly weapon of like character, capable of being secreted upon the
person unless such licensee shall also possess valid and current
licenses or permits as required by applicable Federal, State, or
local laws, ordinances, rules, or regulations.
3-2-5.15. RECORD OF PURCHASES.
Every licensee shall keep at the licensed location a register
on multicopy forms provided by the Chief of Police in which shall
be entered in ink the following information: a succinct and
accurate description of all property taken, purchased or received
in the course of the business licensed under this chapter including
any number or inscription that may be in or on said property; the
full legal name of the person from whom the property is received
including full first name and middle initial, if any; such person's
current residential address, date of birth and physical
description; the amount given or loaned to such person and the
terms thereof; the signature of the employee who received the
property; and the signed statement of the person from whom the
property was obtained that he/she is over 18 years of age and the
legal owner of same clear of all attachments and with the legal
right to sell. Entries made in the register shall be printed or
typed and shall be legible. All entries shall be made immediately
upon receipt or purchase of any property. The register shall be
open to inspection by any police officer during normal hours of
operation.
3-2-5.16. REPORTS TO CHIEF OF POLICE.
It shall be the duty of every licensee to have available for
delivery to the Chief of Police, or officer designated by the
Chief, every business day and before the hour of 12:00 noon, a
legible and correct copy from the register of all personal
property, or other valuable things, received or deposited or
purchased the preceding day in whatever quantity received,
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including property purchased as secondhand merchandise at
wholesale, secondhand merchandise taken in for sale or possessed on
consignment for sale, and secondhand merchandise taken in for
trade.
No person shall be required to furnish such description of any
new property purchased from manufactures or wholesale dealers
having an established place of business, or of any goods purchased
at open sale, or from a bankrupt stock. Such goods must be
accompanied by a bill of sale or other evidence of open and
legitimate purchase and must be shown to the Chief of Police and
members of the Police Department, when demanded.
3-2-5.17. INSPECTION OF PREMISES; SEIZURES.
Every licensee and every person employed by the licensee in
the conduct of business, shall admit to any and every part of the
premises designated in the license, during normal business hours,
any law enforcement officer of the City to examine any goods,
articles, things, pledges, pawns, or books or other records on the
premises dealing with purchase or sale of used property and to
search for and to take into possession any article known or for
which such officer has reasonable grounds to believe to have been
stolen. Such law enforcement officer may make any such search or
seizure as is provided for in this Section, and property so seized
shall be receipted for by such officer, who shall fully describe
the seized property and sign the receipt. Should the officer
determine the property not to be stolen, the officer shall promptly
return same to the licensee and obtain a receipt therefor, as
aforesaid.
3-2-5.18. WAITING PERIOD.
The licensee shall keep all property purchased or received
from an individual available for inspection for a period of seven
calendar (7) days before it can be sold or traded. The waiting
period may be waived in writing by the chief of police, or, by his
authorized representative.
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3-2-5.19. PENALTY.
Any person who shall violate any of the provisions of this
chapter shall upon conviction be subject to a fine of not less than
fifty ($50.00) dollars nor more than five hundred ($500.00) for
each offense. Each day any violation of any provision of this
chapter shall continue shall constitute a separate offense. The
licensee shall be fully responsible for any violation of this
chapter occasioned by or with the condonation of the licensee's
partners, officers, shareholders, agents, or employees; any such
violation shall be imputed to the licensee.
3-2-5.20. SEVERABILITY CLAUSE.
If any section, subsection, subdivision, paragraph, sentence
clause or phrase in this chapter, or any part thereof, or
application thereof to any person, firm, corporation, public agency
or circumstance, is for any reason held to be unconstitutional or
invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the
remaining portions of this chapter or any part thereof. It is
hereby declared to be the legislative intent of the City Council
that this chapter would have been adopted had such unconstitutional
or invalid provision, clause, sentence, paragraph, section, or part
thereof not then been included.
2. This ordinance shall be in full force and effect
immediately upon its passage by the City Council, approval by the
Mayor and publication in pamphlet form as provided by law.
3. That Ordinance Number 913, passed by the City Council on
January 5, 1982, is, as of the effective date of this Ordinance
rescinded in its entirety.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois this ~gth day of q,~g„St , 1986 ,
and upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler,
NAYS: Aldermen Workman, May, Chapman.
ABSENT: None.
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APPROVED:
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Donald E. Edwards, Mayor.
ATTEST:
Nancy W1lites, City Clerk.
Fa~~~ac~~aio~ ~ns~ruc~ions
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CJ Fu~lisl~ in a ~ene~~ai circolatiun newspaper
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