Chapter 15
SECONDHAND, JUNK, PRECIOUS METALS AND ANTIQUE DEALERSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502
3-15-1: DEFINITIONS:
3-15-2: LICENSE REQUIRED:
3-15-3: APPLICATION FOR LICENSE:
3-15-4: LICENSE FEE:
3-15-5: ISSUANCE OF LICENSE:
3-15-6: SALES RESTRICTIONS:
3-15-7: HOUSE AND GARAGE SALES; SPECIAL PERMIT:
3-15-8: REPORTING LOST OR STOLEN GOODS; RETENTION OF PURCHASED GOODS FOR SPECIFIED PERIOD:
3-15-9: PERMANENT RECORD; INSPECTION OF RECORDS:
3-15-10: PENALTIES:

3-15-1: DEFINITIONS: linklink


For the purpose of this chapter, the words and terms given below are defined as follows:

ANTIQUE DEALER: Any person, firm or corporation who buys, sells, barters or exchanges or who collects, receives, stores or holds in his possession for sale, barter or exchange any used, discarded, worn or disused goods, wares, furniture, clothing, merchandise or any other articles of personal property which because of age, design, style, method of manufacture, importance of the manufacturer, or other unique characteristics are valued as collector's items; and excluding from said term "antique dealer" a "junk dealer", "precious metals dealer" or "secondhand dealer" as defined herein and sales or exchanges of antique articles by a not for profit religious, civic or charitable organization.

JUNK DEALER: Any person, firm or corporation who buys, sells, barters or exchanges or who collects, receives, stores or holds in his possession for sale, barter or exchange any goods, wares, merchandise or other articles of personal property which have been used and have been discarded or are no longer used as manufactured articles, and who does not perform work or service on said property so as to enhance the value thereof.

PRECIOUS METALS DEALER: Any person, firm or corporation who maintains a permanent place of business within the village and who primarily engages in the business of purchasing previously owned precious metals at said permanent place of business, including, but not limited to, gold, silver and platinum, in such forms as coins, rings, bracelets, necklaces, watches, jewelry of all types, silverware or other items containing such precious metals, for resale or otherwise. Any person, firm or corporation whose primary business is the resale of jewelry and other items made of precious metals, but who makes the majority of their precious metal purchases from estate sales, auctions, garage sales or other secondhand sale sources other than persons who come in the permanent place of business, is not a precious metals dealer as defined herein, regardless of whether such person, firm or corporation does, on occasion, purchase jewelry or other items made of precious metals at the permanent place of business.

SECONDHAND DEALER: Any person, firm or corporation who buys, sells, barters or exchanges or who collects, receives, stores or holds in his possession for sale, barter or exchange any used, discarded, worn or disused goods, wares, furniture, clothing, merchandise, or any other articles of personal property after having first performed work or services upon said property so as to refinish, restore, repair or otherwise enhance the value thereof; and excluding from said term "secondhand dealer" a "junk dealer" or "precious metals dealer" as defined herein and sales or exchanges of used articles by a not for profit religious, civic or charitable organization. (Ord. 2793, 3-19-2012, eff. 4-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007014
3-15-2: LICENSE REQUIRED: linklink

No person, firm or corporation shall operate, maintain or conduct the business of a junk, secondhand, precious metals or antique dealer or keep any shop, store or place for the purchase of or for selling, bartering or exchanging junk, secondhand, precious metals or antique property within the village without first having obtained a license therefor. (Ord. 2793, 3-19-2012, eff. 4-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007015
3-15-3: APPLICATION FOR LICENSE: linklink

Applications shall be made in writing and under oath on forms created by and submitted to the village manager and shall include the applicant's name, residence address and place of business, the name or names and residence address of the person or persons who will manage or supervise the applicant's business, the capacity in which such person shall act (proprietor, agent or otherwise) and in addition shall state that the applicant and all managers or supervisors are of good moral character and have never been convicted of burglary, robbery or of keeping, conducting or operating a place used for the purchase, reception, keeping or disposal of stolen goods.

Applicants shall also furnish the village manager with their retailer's occupation tax registration or other identification number at the time the application is made.

All applications shall be submitted to the police department for investigation and report. (Ord. 2793, 3-19-2012, eff. 4-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007016
3-15-4: LICENSE FEE: linklink

Each application for a license as a junk, secondhand, precious metals or antique dealer shall be accompanied by the annual license fee set forth in section 3-1-6 of this title. A person desiring to deal in more than one of the defined businesses herein, or to deal in all such areas, shall pay only one license fee. (Ord. 2793, 3-19-2012, eff. 4-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007017
3-15-5: ISSUANCE OF LICENSE: linklink

Every license issued under the provisions of this chapter shall be issued for an annual period expiring on December 31. Such license shall be valid only for the particular place of business designated thereon, shall be posted in a conspicuous place in the licensee's place of business so as to be visible and easily seen by the public, and shall be nontransferable. (Ord. 2793, 3-19-2012, eff. 4-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007018
3-15-6: SALES RESTRICTIONS: linklink


(A) Sales Prohibited In Residential Areas: No junk, secondhand, precious metals or antique dealer shall establish, conduct or operate any junk, secondhand, precious metals or antique store or business in any residential area in the village or in any location other than one provided for and permitted by the zoning provisions of this code.

No person shall conduct business as a junk, secondhand, precious metals, or antique dealer from any residence in the village or from any area classified as residential in the zoning provisions of this code. This provision shall not apply to sales commonly known as "house sales", "attic sales", "garage sales" and "basement sales" where a special permit therefor has been obtained from the village manager as provided in section 3-15-7 of this chapter, to online or other businesses that meet the definition of "home occupation" as set forth in the village's zoning ordinance, or to bankruptcy, estate or other sales under judicial process and sales conducted from church, school or civic buildings by not for profit religious, civic or charitable organizations. If a not for profit religious, civic or charitable organization desires to hold a sale in a residential area other than at a church, school or civic building, it is required to obtain a special permit therefor from the village manager as provided in section 3-15-7 of this chapter.


(B) Hours Of Business: No junk, secondhand, precious metals or antique dealer shall purchase or receive, in the conduct of his business, any junk, secondhand, precious metals or antique articles, goods or property from any person between the hours of nine o'clock (9:00) P.M. on any day and eight o'clock (8:00) A.M. the following day.


(C) Purchases From Minors: No junk, secondhand, precious metals or antique dealer shall purchase or receive any goods, articles or things of any kind from any minor or group of minors without the written consent of the parents or guardians of such minor or minors.


(D) Receipt Or Possession Of Stolen Goods Prohibited: No person conducting a junk, secondhand, precious metals or antique business shall maintain the same as a fence or place used for the purchase, reception, keeping or disposal of stolen goods. This subsection is violated whenever a person conducting a junk, secondhand, precious metals or antique business purchases, receives, possesses or disposes of goods that he or she knows, or should have known, upon reasonable inquiry, to be stolen, and fails to immediately notify the police as required by subsection 3-15-8(A) of this chapter.


(E) Holding Bicycles Before Resale: No junk, secondhand or antique dealer shall sell or offer for sale or exchange any bicycle, bicycle parts or accessories until he has first notified the village police department of the presence of such bicycle or parts and has allowed a period of seventy two (72) hours after such notice to lapse for police investigation and inspection. No junk, secondhand, or antique dealer shall deface or remove or alter the serial number or other identification marks on any bicycle coming into his possession for sale or exchange.


(F) Purchase From Intoxicated Persons: No junk, secondhand, precious metals or antique dealer shall purchase any article of secondhand property from any person who appears intoxicated or under the influence of any drug.


(G) Purchase From Thieves: No junk, secondhand, precious metals or antique dealer shall purchase any article of secondhand property from any person known to be a thief or to have been convicted of theft or burglary, and when any person is found to be the owner of stolen property which has been bought by such dealer, such property shall be returned to the owner thereof without the payment of the amount paid by the junk, secondhand, precious metals or antique dealer for the stolen property. (Ord. 2793, 3-19-2012, eff. 4-1-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007019
3-15-7: HOUSE AND GARAGE SALES; SPECIAL PERMIT: linklink

The village manager is herein authorized to issue a special permit, without fee, to any person applying for permission to conduct a house sale, attic sale, basement or garage sale from any residence premises in this village upon the following terms and conditions:


(A) The applicant-permittee must be an owner of the premises where such sale is to be held or a not for profit religious, civic or charitable organization.


(B) The sale will involve only personal property items owned by the applicant-permittee or members of his household, or, in the case of a not for profit religious, civic or charitable organization, personal property items owned by its members.


(C) No such similar sale had been conducted by the same applicant or from the same premises during the same calendar year.


(D) No sale items shall be located and no sales activities shall be conducted in the front yard area of any residence premises, or on any public sidewalk or parkway area.


(E) All signs advertising such sale shall be located in the front yard area of the premises, shall comply with the pertinent provisions of title 4, chapter 3 of this code, and no such sale sign, handbill or other advertising matter shall be located or posted in any public park or parkway or building in the village.


(F) The sale shall be limited to a consecutive period of two (2) days and shall be conducted only during the periods from nine o'clock (9:00) A.M. and five o'clock (5:00) P.M.


(G) The sale will be conducted without the use of outdoor loudspeakers or other amplification equipment.


(H) The sale shall be conducted in accordance with all other laws and ordinances in effect in the village.

Such permit shall be valid only for the particular sale and premises designated thereon, shall be posted in the front yard area so as to be easily seen by the police, and shall be nontransferable. No such permit shall be issued and no such person or premises shall be eligible for such permit to conduct a sale of personal property items more than once during any twelve (12) month period. (Ord. 2793, 3-19-2012, eff. 4-1-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007020
3-15-8: REPORTING LOST OR STOLEN GOODS; RETENTION OF PURCHASED GOODS FOR SPECIFIED PERIOD: linklink


(A) Every junk, secondhand or antique dealer who shall receive or come into possession of any property, goods or articles which are lost or stolen, or which are suspected or reported to be lost or stolen shall immediately notify the village police department and shall retain said goods without alteration for inspection by the police for a period of seventy two (72) hours thereafter.


(B) Precious metals dealers shall retain all goods purchased without alteration for a period of seventy two (72) hours after submission of the report to the police department pursuant to section 3-15-9 of this chapter, in which such items are included. Items shall not be commingled with other articles separately received during such period and shall be available for inspection of the police during this retention period. (Ord. 2793, 3-19-2012, eff. 4-1-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007021
3-15-9: PERMANENT RECORD; INSPECTION OF RECORDS: linklink


(A) Every junk, secondhand or antique dealer shall keep a permanent record book or computer record of all bicycles, instruments, cameras, items of jewelry, watches, items of electronic equipment, appliance or other machine and other similar articles bearing serial identification numbers which record shall show the make or name of maker, model number, if available, the serial number or other identification number installed by the manufacturer, a description of any identifying marking or inscription, the date purchased or received, the name and address of the seller, and the date sold or exchanged, with the name and address of the purchaser. Descriptions of any jewelry items purchased shall also include the type, a description of the metal or metals of its composition, and the type, shape and cut of each stone.


(B) Every precious metals dealer shall keep a book or computer record in which shall be legibly written at the time of each purchase:

1. An accurate account and description of each of the goods, articles, items or things purchased, including a description of the metal or metals of an item's composition, a description of the brand, if any, and a description of any serial numbers, identifying marks, engravings or inscriptions on any items purchased by the dealer;

2. The amount of money paid for each item, the time and date of the purchase, the full legal name, including middle initial, address, date of birth, gender, phone number and address of each individual selling said goods, article, item or thing, as well as the vehicle license plate number of the seller;

3. The signature of the employee who conducted the transaction;

4. A signed statement of the person from whom the items were purchased stating that he or she accepts the stated price received for said items, is over eighteen (18) years of age and the legal owner of all items being sold and with the absolute and legal right to sell, and that the driver's license or other forms of identification presented are true and correct.


(C) In addition, each precious metals dealer shall inquire with the person selling the items where the items were obtained for the purposes of determining if the transfer of the property from that person was a lawful transaction and will enter the seller's response in the records. If the seller presents a bill of sale, receipt or other document indicating that the person is in lawful possession of the property, or otherwise was lawfully acquired, the resale dealer shall photocopy such document and maintain it with the records otherwise required by this section.


(D) Precious metals dealers shall verify the name and address of the person from whom any property is received using at least one form of photographic identification in the form of a unexpired United States passport, state driver's license, state issued identification card, military identification card, or a United States permanent resident card. The dealer shall make a photocopy or electronic scan of the presented form of identification. If the person delivering the property does not have one of the forms of photo identification specified above, the dealer shall either photograph the seller and keep a record of same, or shall decline to complete the transaction.


(E) All records required by this section shall be made immediately upon receipt or purchase of any property. The entries made in such book or computer record shall not be erased, obliterated or defaced. A copy of the completed record shall be retained for a period of three (3) years.


(F) The book or computer records, as well as every article or thing purchased, shall be at all reasonable times open to inspection by the village police department during business hours. Each precious metals dealer shall, in addition, transmit the book or computer records of the previous day to the police department. Such transmission may be electronic or by hand delivery. Photographs of sellers, where applicable, need not be included in the transmitted records but shall remain available for inspection and duplication by the police department.


(G) It shall be unlawful for any dealer regulated by this chapter to fail to comply with the recordkeeping requirements set forth in this section, or for any seller to submit false or fraudulent information to any such dealer. (Ord. 2793, 3-19-2012, eff. 4-1-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007022
3-15-10: PENALTIES: linklink

Any person, firm or corporation who violates any provision of this chapter other than section 3-15-7 shall be fined not less than five hundred dollars ($500.00) and not more than seven hundred fifty dollars ($750.00) for each offense, with each day a violation occurs representing a separate offense. Where stolen goods are received, possessed or disposed of in violation of subsection 3-15-6(D) of this chapter, each item transferred shall be a separate and distinct offense. Violators shall also be subject to the revocation of any business license issued by the village. The penalty for a violation of section 3-15-7 of this chapter shall be not less than one hundred dollars ($100.00) and not more than seven hundred fifty dollars ($750.00), with each day a violation occurs being a separate offense. (Ord. 2793, 3-19-2012, eff. 4-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41502#s1007023