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Home My WebLink AboutG3-13 Ordinance No. G3-13 r AN ORDINANCE PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS Section 1. That Section 6.42.160 of the Elgin Municipal Code, 1976,as amended,entitled "Record of Transactions"be and is hereby further amended to read as follows: "6.42.160: RECORD OF TRANSACTIONS: Throughout the term of the license,every pawnbroker 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 into a pawnbroker for sale, barter, trade, pledge or pawn by an individual (pawner/seller)at the same time and date, and includes the sale of non-junk/scrap articles by a pawnbroker or secondhand dealer to another person. esk Non-junk/scrap articles purchased by a pawnbroker from another business shall not be considered to be transactions for the purposes of this section, and are exempt from the reporting requirements of this section, and are also exempt from the waiting period established under Section6.42.190. Articles brought into a pawnbroker by an individual (pawner/seller) for sale, barter,trade,pledge or pawn 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. 1. Purchases/receipts by licensees.Each individually identifiable article brought in to a pawnbroker by an individual(pawner/seller)for sale,barter,or trade 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 pawner/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 pawnbroker by an individual for sale, barter, or trade 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 pawner/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. 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. 1. 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(pawner/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 pawnbroker by an individual (pawner/seller) for sale,barter, or trade during a transaction shall be associated with the person(pawner/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 pawner/seller. ii. A digital photographic or scanned image of a photo ID card of the pawner/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. 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. 2. 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)(II)(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 the city treasurer or any peace officer during regular business hours." Section 2. 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 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. 47;iriiet David J. K.,.'ain, yor Presented: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 F" Recorded: January 23, 2013 �� O C/ Published: January 25, 2013 _ ' ` c' .[...t;.. tip Kimberly Dewis, City Clerk r