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HomeMy WebLinkAboutG62-12 i • Ordinance No. G62-12 AN ORDINANCE AMENDING CHAPTER 6.43 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESALE DEALERS" WHEREAS, 65 ILCS 5/11-42-3 provides that the corporate authorities of each municipality may license, tax, locate and regulate all places of business of dealers in junk, dismantled or wrecked motor vehicles or parts thereof, rags and any second-hand article whatsoever; and WHEREAS, the City of Elgin is a home-rule unit; and WHEREAS, pursuant to Article 7, Section 6 of the Constitution of the State of Illinois, the City of Elgin, as a home-rule unit, may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and to license; and WHEREAS, the regulation of resale shops through licensing and other regulations, is necessary to deter and detect crime; and • WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering stolen property relates to the protection of the public health, safety, morals and welfare and pertains to the government and affairs of the City of Elgin; and WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to amend the regulations regarding resale shops. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.43.010 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended by adding to the listing of definitions therein the additional defined terms as follows: "INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually identifiable by a serial number; or other applied numbers, letters, characters or markings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article. PRECIOUS METALS: Articles consisting primarily of the elements of gold (chemical symbol Au), silver (chemical symbol Ag), platinum (chemical symbol Pt) or palladium (chemical symbol Pd), but not including articles merely plated • with these metals or articles similar in color to these metals but not actually • consisting of them." Section 2. That Section 6.43.020 of the Elgin Municipal Code, 1976, as amended; entitled "License Required" be and is hereby further amended to read as follows: "No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall operate or permit to be operated a resale dealership without first having obtained a license from the city to do so. The license fee shall be due and payable on or before February 1 of each year. The requisite fee shall accompany all original or renewal applications. Such licenses shall expire on January 31 of the following year. Failure or neglect to pay the requisite license fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be." Section 3. That Section 6.43.130 of the Elgin Municipal Code, 1976, as amended, entitled "Prohibited Purchases" be and is hereby further amended by amending subparagraph C thereof to read as follows: "Where the seller fails to present at least one form of approved identification that contains the seller's full legal name, residence address and a photograph, as required in subsection 6.43.150 of this chapter." • Section 4. That Section 6.43.150 of the Elgin Municipal Code, 1976, as amended, entitled "Records of Purchases" be and is hereby further amended to read as follows: "6.43.150: RECORDS OF TRANSACTIONS: Throughout the term of the license, every resale dealer shall report/upload to LeadsOnline, or the city's current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought in to a resale dealer for sale, barter, or trade, by an individual (seller) at the same time and date, and includes the sale of non-junk/scrap articles by a resale dealer to another person. Articles brought into a resale dealer by an individual (seller) for sale, barter, or trade, at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. A. Transactions involving individually identifiable articles. is - 2 - I. Purchases/receipts by licensees. Each individually identifiable • article brought in to a resale dealer by an individual (seller) for sale during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following: a. Type of article b. Brand name/make/manufacturer(if applicable). c. Model number (if applicable). d. Serial number (if applicable). e. Color/finish. f. Any other identifying marks, writing, engraving, etc. 2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics. 3. A photographic or scanned image of a photo ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a • company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. The date and time of the transaction. 5. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. B. Transactions involving non-individually identifiable articles. 1. Non-individually identifiable articles may be recorded/reported in bulk, but must specify the weight, type and form of the bulk material. 2. Each different type and form of non-individually identifiable articles brought in to a resale dealer by an individual for sale during a transaction shall be associated with the person who brought the material in. 3. A photographic or scanned image of a photo ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a - 3 - company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. A digital photograph or, if the licensee has a video system, video segment of each individual type & form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the city's current electronic reporting system. 5. The date and time of the transaction. 6. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. C. Coins and paper money. A. Purchases/receipts by licensees. a. Coins have no distinguishing characteristics that separate them from other coins of the same mintage, and although paper money is serial numbered, those serial numbers are so seldom known by their last possessor that paper money is effectively indistinguishable from other paper money of the same denomination. Furthermore, unlike coins made of precious metals, paper money seldom carries any value significantly beyond the face value of the bill, and when stolen is usually used directly as cash and not sold to a currency dealer. Accordingly, coins or paper money brought in by an individual (seller) for sale, barter, or trade during a single transaction do not need to be itemized individually, but rather may be recorded/reported in bulk. b. Coins or paper money brought in to a resale dealer by an individual (seller) for sale, barter, or trade during a transaction shall be associated with the person (seller) who brought the article in. The licensee shall record/report the following information for each such transaction: i. The name, current address and date of birth of the seller. ii. A digital photographic or scanned image of a photo ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. iii. The date and time of the transaction. • iv. The quantities and types of coins or paper money present. - 4 - If coins are all of the same type, they shall be reported by either • quantity or weight, and type (e.g., 5 Morgan silver dollars, 25 buffalo nickels, 5 lbs. of wheat pennies, etc.). If coins are from a collection, a description of the theme of the collection (e.g., Bicentennial coins, state quarters, etc.) along with the number of coins shall be provided. If coins represent an accumulation of disparate coins with no overall theme, a generic description of the type and quantity of coins shall be provided (e.g., approximately 200 U.S. coins of miscellaneous dates & denominations, approximately 100 foreign coins from various countries, etc.). Paper money shall be reported by quantity and type (e.g., 25 U.S. $5 silver certificates, etc.). V. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. C. As a photograph of coins or paper money conveys no more information than can be obtained from the written descriptions required by Paragraph 3 (A)(11)(d) of this section, no photographs of coins or paper money are required. • In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non- operation, be required to keep written records of any and all transactions made during the period of malfunction or non-operation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the city's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by any police officer during regular business hours." Section 5. That Section 6.43.160 of the Elgin Municipal Code, 1976, as amended, entitled "Reports To Chief of Police" be and is hereby further amended to read as follows: "6.43.160: ELECTRONIC REPORTING OF TRANSACTIONS: A. The Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect resale dealers and members of the general public. In the event of a change to its electronic reporting system, the city will notify all impacted licensees of the change within a reasonable time prior to such change. i - 5 - B. Every resale dealer shall operate and maintain a computer system with • internet access and photographic or video capability sufficient for the electronic reporting requirements described in this article. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this article. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings under Section 6.43.220 of this ordinance. C. No resale dealer shall be required to furnish such description of any new property purchased by the resale dealer from manufacturers, other retailers 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 shall at all times during the resale dealer's business hours be open to the inspection of members of the city's police department." Section 6. That Section 6.43.180 of the Elgin Municipal Code, 1976, as amended, entitled "Waiting Period" be and is hereby further amended to read as follows: "No resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, • destroy, or otherwise dispose of, any individually identifiable article within ten (10) days of the time of purchasing or receiving the same. No resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of any coins, paper money or other non-individually identifiable articles within three (3) days of the time of purchasing or receiving the same." Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. K ain, ayor • - 6 - Presented: October 24, 2012 Passed: October 24, 2012 h ' Omnibus Vote: Yeas: 7 Nays: 0 asrwn�Nh Recorded: October 24, 2012 Published: October 26, 2012 Attest: 6u&� Kimberly Dewis, City Clerk • • - 7 -