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HomeMy WebLinkAboutOrd 3094 04/08/1981 RDINANCE NO. 3094 AN ORDINANCE ESTABLISHING LICENSING REQUIREMENTS FOR GOLD AND SILVER MERCHANTS WHEREAS, sharply increased values of gold and silver has led many persons into the business of buying and s~lling gold and silver; and WHEREAS, there has been a rash of thefts of gold and silver objects from residences within the Village of Mount Prospect; and WHEREAS, it is deemed advisable and in the public health, safety and welfare to establish licensing requirements and regulations for persons engaged in the business of buying and selling gold and silver objects; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT.PROSPECT, COOK COUNTY, ILLINOIS, as follows: SECTION ONE: Chapter 11 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by renumbering the present Articles XXXII and XXXIII as, respectively, Articles XXXIII and XXXIV, and adding thereto a new Article XXXII, which said new Article shall hereafter be and read as follows: ARTICLE XXXII GOLD AND SILVER MERCHANTS SECTION: 11.3201. 11.3202. 11.3203. 11.3204. 11.3205. 11.3206. 11.3207. 11.3208. 11.3209. 11.3210. 11.3211. 11.3212. Application of Article License Required Application Grant or Denial of License Fee for License Duration of License and Renewal Records Purchase from Minors Prohibited Receipt of Stolen Goods Prohibited Holding Period Required Revocation of License Penalties .Sec. 11.3201. Application of Article. The provisions of this Article shall apply to all persons, firms or corporations which engage in the business of buying, selling, trading or exchanging any gold or silver objects within the Village of Mount Prospect. Sec. 11.3202. License Required. It shall be unlawful for any person, firm or corporation, including any person, firm or corporation located on the premises of an otherwise licensed business, to engage in the business of buying, selling, trading or exchanging any gold or silver objects within the Village of Mount Prospect without first obtaining a license therefor, provided, however, that any person, firm or corporation which is otherwise licensed to do business by the Village of Mount Prospect need not obtain a separate license for the business of buying, selling, trading, or exchanging goldor silver. Sec. 11.3203. Application. An application for a license as required by this Article shall be filed with the Village clerk, shall be accompanied by a nonrefundable application fee of $15.00 and shall contain the following information: no Eo Name of the ~applicant; Name, Village address and Village telephone number of the business for which a license is requested; Name, permanent address and permanent telephone number of the business for which a license is requested; If the merchant is an itinerant, the address and telephone number of the next location where such merchant plans to engage in the business of buying, selling, trading or exchanging any gold or silver objects and the name under which such merchant will be operating; A statement indicating whether the business is a sole proprietor- ship, partnership or corporation; . -If the business is a sole proprietorship or partnership: 1. the name of the proprietor or the partners; 2. the address and telephone number of the proprietor or each partner; - 3. a statement indicating whether the business is registered in Illinois under the Assumed Name Act; a statement indicating whether the proprietor or any of the partners has been convicted of a felony within five years prior to the date of the application and if so, the details with regard to such conviction; G. If the business is a corporation: 1. the year of incorporation; 2. the state of incorporation; if not incorporated in Illinois, a statement indicating whether the corporation is licensed to do business in Illinois as a foreign corporation; a statement indicating whether any of the officers or directors of the corporation have been convicted of a felony within five years prior to the date of the application and if so, the details with regard to such conviction; If the applicant plans to do business within the Village of Mount Prospect for less than ninety (90) days, a statement indicating the dates applicant plans to conduct business in the Village; A statement indicating all the addresses and the names under which the applicant conducted a business as a gold and silver merchant at any time within one year prior to the date of the application. Sec. 11.3204. Grant or Denial of License. The Village Clerk shall forward for review and investigation any completed application filed under the provisions of this Article to the Village Manager and Chief of Police within twenty four (24) hours after it is filed. The Village Manager shall grant or deny such license within five (5) days after it is filed. The Village Manager shall issue such license to any applicant of good character and reputation. No license shall be issued to any applicant if the sole proprietor, any partner or any officer or director has been convicted of receiving stolen goods, burglary, robbery, theft or any other felony in any federal or state cQurt at any time within five years prior to the date of the application. 3 - Sec. 11~3205. Fee for License. Prior to the issuance of a license under this Article, the applicant shall pay the appropriate fee set forth below to the Village Clerk: Daily Fee $50 up to a maximum of $158' Annual Fee $150 Sec. 11.3206. Duration of License and Renewal. A license issued under the provisions of this Article shall remain in full force and effect from May 1 to April 30 of each year unless earlier revoked or unless a shorter duration is specified on the license. Annual licenses shall be renewable on or before April 30 ~f each year. Licenses shall only be issued for the period within which the applicant proposes to engage in the business of buying, selling, trading or exchanging gold or silver objects within the Village. A separate license shall be required for each period within which & person, firm or corporation engages in the business of buying, selling, trading or exchanging gold or silver objects within the Village. Sec. 11.3207. Records. Every person, firm or corporation engaged in the business of buying, selling, trading or exchanging gold or silver objects shall maintain a record containing the following information for each and every gold or silver object purchased, sold, traded or exchanged: A. The date of the transaction; B. The time of such transaction; C. The name, address and telephone number of the person with whom the gold or silver merchant transacted business; A complete and detailed description, including, but not limited to, the type of item, its brand name, the type of metal, a description of any inscriptions and other identifying marks, including identification numbers thereon, of the gold or silver objects purchased, sold, traded or exchanged to or with the merchant. Such record and any gold or silver objects in the possession of the gold and silver merchant shall, at all reasonable times, be available for inspection by the Village of Mount Prospect police. Such records of those merchants licensed for a period of less than one year shall be delivered to the office of the Chief of Police at the close of business on the date of expiration of such gold or silver merchant's license. The requirements of this Section may be satisfied by the maintenance of photo copies of receipts for gold and silver objects purchased, sold, exchanged or traded, provided that such' receipts contain the information required by this Section. - 4 - Sec. 11.3208. Purchase from Minors Prohibited. No person, firm or corporation, engaged in the business of buying, selling, trading or exchanging gold or silver objects shall pur- chase, trade or exchange any gold or silver object offered to the merchant by a person who is less than eighteen (18) years of age unless such a person is accompanied by his or her parent or guardian who authorizes the transaction. Sec. 11.3209. Receipt of Stolen Goods Prohibited. No person, firm or corporation engaged in the business of buying, selling, trading or exchanging gold or silver shall knowingly accept or sell any gold or silver object which has been stolen. Every person, firm or corporation licensed under the provisions of this Article shall report to the Village of .Mount Prospect police an3 gold or silver object received by or which is offered to such licensee by another if such licensee has reason to believe that such object was stolen or lost. Sec. 11.3210. Holding Period Required. No gold or Silver merchant shall sell, trade, exchange or melt down any gold or silver object received within a forty-eight (48) hour period after its receipt. Sec. 11.3211. Revocation of License. Any license issued under the provisions of this Article may be revoked in accord- ance with the procedure set forth in Chapter 10, Article III of the Municipal Code of the Village of Mount Prospect for any violation of the provisions of this Article. Any license issued under the provisions of this Article shall be automatically revoked if the licensee ceases to operate at the address specified on the license. Sec. 11.3212. Penalties. The penalties for violation of any of the provisions of this Article shall be ECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the harmer provided by law. Passed this 8th. day of April , 1981. Ayes: Floros~ Murauskis~ Richardson, Wattenberg Nays: None Absent: Fariey~ Miller Approved this 8th day of April , 1981. i! lag~e President ~ttest: Village Clerk