Article X. Street and Sidewalk Vending
Chapter 10 – Licenses
Article X. Street and Sidewalk Vending
Sec. 10-105. Findings and Purpose. [back to top]
The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic. Vending on the public streets promotes the public interest by contributing to an active and attractive pedestrian environment. Vending on sidewalks impedes the orderly flow of pedestrian traffic. Reasonable regulation of street and sidewalk vending is necessary to protect the public, health, safety and welfare. The regulations contained in this ordinance do not prohibit pure speech by religious organizations, but merely regulate the activities of an organization which are commercial in nature.
Sec. 10-106. Definitions. [back to top]
Residential district means any area zoned for residential dwellings.
Motor vehicle means any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor which is required to be licensed and registered by the Department of Motor Vehicles.
Stand means any table, showcase, bench, rack, pushcart, wagon or any other wheeled vehicle or device, with the exception of bicycle powered vehicles, which may be moved without the assistance of a motor and which is not required to be licensed and registered by the Department of Motor Vehicles, used for the displaying, storing or transporting of articles offered for sale by a vendor.
Bicycle powered vehicle means any vehicle powered by human effort and having a bicycle-type apparatus.
Vendor means any person engaged in the selling, or offering for sale, of food, beverages, or merchandise on the public streets or sidewalks, from a stand or motor vehicle or from his person.
Sec. 10-107. License Required. [back to top]
(A) It shall be unlawful to sell, or offer for sale, any food, beverage or merchandise on any street or sidewalk within the Village without first obtaining a license therefor.
(B) The number of licenses available for ice cream vendors shall be limited to six (6).
Sec. 10-108. Applications. [back to top]
The application for a vendor's license shall include the following information:
(A) The name, home and business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending business, stand or motor vehicle to be used in the operation of the vending business.
(B) A description of the type of food, beverage or merchandise to be sold.
(C) A description of the proposed location of the vending business, except that vendors from motor vehicles shall describe the general area in which they propose to vend, if less than the entire Village.
(D) A description and photograph of any stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business.
(E) Three (3) prints of a full-face photograph, taken not more than thirty (30) days prior to the date of the application, of any person who will sell or offer for sale any food, beverage or merchandise on any street or sidewalk within the Village.
(F) A certificate of inspection as required by Section 10-112.
(G) Proof of an insurance policy, issued by an insurance company licensed to do business in the State of Illinois, protecting the licensee and the Village from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license. Such insurance shall name as additional insureds the Village and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days advance written notice to the Village.
Sec. 10-109. Issuance. [back to top]
Not later than thirty (30) days after the filing of a completed application for a vendor's license, the applicant shall be notified by the license officer of the decision on the issuance or denial of the license. The license officer shall consider the standards set forth in Sections 10-110, 10-111 and 10-113 in determining whether to grant a license. In the event that two (2) or more applications for the same location are received, the earliest application, if approved, shall be awarded the location. If the issuance of the license is approved, the license officer shall issue the license. If the license is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. The applicant shall be entitled to a hearing pursuant to Section 10-117. A license issued pursuant to this section is valid for a period of one (1) year, from May 1 to April 30. A license to vend on the sidewalk shall specify the location from which vending is permitted and shall only be valid for vending at that location.
Sec. 10-110. Prohibited Conduct. [back to top]
No vendor shall:
(A) Vend within five hundred (500) feet of the grounds of any elementary or secondary school or within five hundred (500) feet of any school crossing between two (2) hours prior to the start of the school day and two (2) hours after dismissal at the end of the school day.
(B) Vend within five hundred (500) feet of any hospital.
(C) Vend within five hundred (500) feet of any church while church is in session.
(D) Vend on any street or sidewalk where vending is otherwise prohibited.
(E) Vend between 9:00 P.M. and 10:00 A.M. of the following day. This provision shall not apply to mobile catering vehicles licensed under Section 10-7 of this Chapter or to Village-sponsored events. (Ord. 05-60)
(F) Leave any stand or motor vehicle unattended.
(G) Store, park, or leave any stand overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking place, in conformance with Village and State parking regulations.
(H) Sell food or beverages for immediate consumption unless he has available for public use his own or a public litter receptacle which is available for his patrons use.
(I) Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by him.
(J) Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand or motor vehicle.
(K) Set up, maintain or permit the use of any table, crate, carton, rack, or any other device to increase the selling or display capacity of his stand or motor vehicle, where such items have not been described in his application.
(L) Solicit or conduct business with persons in motor vehicles.
(M) Sell anything other than that which he is licensed to vend.
(N) Sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier or similar device to attract the attention of the public, except during a period of time not to exceed three (3) minutes after the vehicle has come to a full and complete stop and is legally parked. (09-45)
(O) Vend without the insurance coverage specified in Section 10-108(G).
(P) No vendor vending from a motor vehicle or bicycle powered vehicle shall:
(1) Conduct his business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles.
(2) Stop, stand, or park his vehicle upon any street, or permit it to remain there except on the roadway at the curb for the purpose of vending therefrom.
(3) Stop, stand or park his vehicle upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance.
(4) Remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose.
(5) Stop, stand or park his vehicle within one hundred (100) feet of any intersection.
(Q) No vendor vending from a stand shall:
(1) Vend in a residential district.
(2) Vend on any street, alley, sidewalk, parkway or right-of-way in the Village of Addison.
(3) Vend on private property without the consent of the owner.
Sec. 10-111. Size Requirements for Vending Stands. [back to top]
No stand shall exceed four (4) feet in width and eight (8) feet in length and thirty-six (36) inches in height.
Sec. 10-112. Health and Sanitation Requirements for Food and Beverage Vending. [back to top]
Vendors of food and beverages shall comply with the inspection provisions and standards of the DuPage County Health Department and the following:
(A) The equipment used in vending food and beverages shall be inspected upon application for a license and receive a certificate of inspection from the DuPage County Health Department.
(B) Each food and beverage vending business shall be inspected according to the provisions of the DuPage County Health Department.
Sec. 10-113. Safety Requirements. [back to top]
All motor vehicles in or from which food is prepared or sold shall comply with the following requirements:
(A) All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.
(B) All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
(C) Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be accessible only from outside the vehicle.
Sec. 10-114. Display of License. [back to top]
All licenses shall be displayed on the vehicle or stand at all times during the operation of the vending business.
Sec. 10-115. Advertising. [back to top]
No advertising, except the posting of prices, shall be permitted on any stand or motor vehicle, except to identify the name of the product or the name of the vendor.
Sec. 10-116. Renewal. [back to top]
All licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. (Ord. 84-34)
Sec. 10-117. Denial, Suspension and Revocation. [back to top]
Any license may be denied, suspended or revoked by the Mayor after notice and hearing for any of the following causes:
(A) Fraud or misrepresentation made in the course of carrying on the business of vending.
(B) Conduct of the licensed business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals.
(C) Conduct which is contrary to the provisions of this ordinance.
Sec. 10-118. Penalty. [back to top]
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00). (Ord. 84-34)
Sec. 10-119. Separability, Repealer and Effective Date. [back to top]
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. (Ord. 84-34)
Article XI. Tattoo and Body Piercing Establishments
Sec. 10-120. Definitions. [back to top]
For purposes of this Article, the words and terms defined below shall have the following meanings:
Body piercing means any procedure whereby a part or parts of the human body are pierced by a sharp instrument in order to allow insertion of a piece or pieces of jewelry, a ring(s) or other ornamental device(s) through the orifice(s) thus created.
Operator means any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing other human beings.
Tattoo, tattooed, tattooing means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin by the aid of needles or other instruments designed to touch or puncture the skin.
Sec. 10-121. License Required. [back to top]
It shall be unlawful for any person, firm or corporation to maintain and operate a tattoo establishment, with or without body piercing, without first having obtained a license as hereinafter provided.
Sec. 10-122. Application; Fee. [back to top]
Every applicant for a license to maintain, operate or conduct a tattoo establishment shall file an application upon a form provided by the Village Clerk and pay a nonrefundable filing fee of fifty dollars ($50.00) to the Village Clerk. The Village Clerk shall, within fifteen (15) days thereafter, refer copies of such application and all additional information to the Police Department, Building Department and Mayor. The Village departments shall, within forty-five (45) days, inspect the premises proposed to be operated as a tattoo establishment, and make recommendations to the Clerk concerning compliance with the Codes of the Village. Upon receipt of the recommendations of the respective Village departments, the Clerk shall notify the applicant as to whether his application has been granted, denied or held for further investigation. The period of such additional investigation shall not exceed an additional thirty (30) days.
Sec. 10-123. Duration of License; Renewal. [back to top]
A license as provided for herein shall expire and shall be renewable as set forth within Section 10-7 of this Chapter.
Sec. 10-124. Premises. [back to top]
No tattoo establishment shall receive a license or be operated, established or maintained unless the establishment shall comply with each of the following minimum regulations:
(A) The establishment shall have a certificate of compliance with or inspection by the DuPage County Health Department, if available.
(B) The room in which tattooing is done shall have an enclosed area of not less than five hundred (500) square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface.
(C) Toilet facilities shall be provided within the establishment. When five (5) or more employees or patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. Lavatories shall be provided with both hot and cold running water and shall be installed in the toilet room. Lavatories shall be provided with soap and a dispenser with sanitary towels.
(D) All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth washable finish, and shall be separated from waiting customers or observers by a solid wall or door totally eliminating any view into the tattooing room.
(E) Closed cabinets shall be provided for use in the storage of clean linens, towels, needles, and other materials and instruments used in tattooing. All used linens, towels, equipment, instruments, and other materials shall be kept in properly covered containers or cabinets which shall be kept separate from the clean storage areas.
A steam sterilizer shall be provided to properly sterilize all needles and instruments before use on any customer, person or patron. Such needles and instruments required to be sterilized shall be so used, handled and temporarily placed during their use so that they will not be contaminated.
(F) The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
(G) No tattoo establishment shall be open to the public for business between the hours of 10:00 P.M. and 7:00 A.M.
(H) The main entrance door of any tattoo establishment shall be visible from a public street and shall remain unlocked during business hours.
(I) The business shall also comply with all of the terms and conditions set forth within Article 1 of this Chapter 10 with respect to business licenses.
Sec. 10-125. Operating Requirements. [back to top]
(A) The operator shall wash his hands thoroughly with antiseptic soap and water before starting any tattoo; the hands shall be dried with individual, single use towels.
(B) The area on the patron to be tattooed shall first be thoroughly washed with a sterile, single use sponge with warm water containing an antiseptic liquid soap. The area should be shaved with a safety razor, using single service blades for each customer or patron, followed by a solution of seventy (70) percent alcohol to be applied to the area before tattooing is begun.
(C) Only petroleum jelly in collapsible metal or plastic tubes shall be used on the area to be tattooed, and it shall be applied with sterile gauze.
(D) Single service or individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on each patron. Any dye in which the needles are dipped shall not be used on another person. All needles, pigments, dyes, colors and any other material used in tattooing and all bandages and surgical dressings used in connection with tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances. After completing work on any person, the tattooed area shall be washed with sterile gauze and seventy (70) percent alcohol solution and allowed to dry. A sterile gauze dressing shall be fastened to the tattooed area.
(E) Operators shall at all times while in the performance of their services wear uniforms or garments which cover the torso, and said garments shall be kept clean and in a sanitary condition.
(F) No person, while on the premises of any tattoo establishment, shall possess, sell, dispense, provide, give, keep or maintain any alcoholic beverage.
(G) No intoxicated person shall be tattooed by an operator on the licensed premises.
(H) Operators shall at all times comply with the regulations of the Department of Labor's Occupational Safety and Health Administration (29 CFR §1910.1030), as presently existing or hereafter amended, with respect to occupational exposure to blood, bloodborne pathogens or other potentially infectious materials, which regulations are incorporated by reference herein.
(I) Tattooing may be performed within such licensed tattoo establishment but shall be done only by a physician or osteopath or in the physical presence and under the direct supervision of a physician or osteopath authorized to practice medicine or osteopathic medicine in the State of Illinois as set forth in the Illinois Medical Practice Act of 1987 (225 ILCS 60/1 et seq.) or any amendment thereof.
Sec. 10-126. Inspections. [back to top]
Any Village department or agency may make an inspection of each establishment granted a license under the provisions of this Article for the purposes of determining compliance with the provisions of this Article.
Sec. 10-127. License Revocation and Suspension. [back to top]
It shall be cause for revocation or suspension that a licensee has violated the provisions of this Article or any Code or ordinance of the Village relative to operation of the business or use of the premises, has made a false statement on any application for license under this Article or, in the event that the licensee shall refuse to permit any authorized police officer or authorized member of the Police Department or Building Department of the Village to inspect the premises or the operations thereof at reasonable times.
Sec. 10-128. Transfer of License Prohibited. [back to top]
No license for the operation of a tattoo establishment shall be transferable.
Sec. 10-129. Display of License Required. [back to top]
Each licensee shall display a valid current license in a conspicuous place within the licensed establishment so that the same may be readily seen by persons entering the establishment.
Sec. 10-130. Exemptions. [back to top]
The provisions of this Article shall not apply to licensed medical doctors or doctors of osteopathic medicine who perform body piercing or tattoo individuals while in the course of their medical practice.
Sec. 10-131. Requirement for Authorized Physician for Body Piercing. [back to top]
Body piercing may be performed within such licensed tattoo establishment but shall be done only by a physician or osteopath or in the physical presence and under the direct supervision of a physician or osteopath authorized to practice medicine or osteopathic medicine in the State of Illinois as set forth in the Illinois Medical Practice Act of 1987 (225 ILCS 60/1 et seq.) or any amendment thereof. The piercing of ears shall be exempt from the provisions of this Section.
Sec. 10-132. Tattooing of Minors. [back to top]
In accordance with 720 ILCS 5/12-10, no person under the age of twenty-one (21) may be tattooed except by a person authorized to practice medicine or osteopathic medicine as hereinabove set forth.
Sec. 10-133. Penalty. [back to top]
In addition to license suspension or revocation as hereinabove provided, any person, firm or corporation violating any of the provisions of this Article shall be fined not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00), and a separate offense shall be determined to have been committed each day during which or on which the violation occurs or continues.
Article XII. Fireworks
Sec. 10-134. Definitions. [back to top]
Fireworks means and includes any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons that require fire underneath to propel same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects: provided, however, that the term “fireworks” shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as “party poppers,” “booby traps,” “snappers,” “trick matches,” “cigarette loads,” and “auto burglar alarms;” sparklers, toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths (.25) grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty hundredths (.20) grains of explosive mixture; the sale and use of which shall be permitted at all times.
Sec. 10-135. Sale, Possession or Use of Fireworks Prohibited. [back to top]
Except as hereinafter provided in this Article, it shall be unlawful for any person, firm, co-partnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks.
Sec. 10-136. Permit Required. [back to top]
(A) Upon application, the Village Manager, without creating any liability on behalf of the Village, its agents and employees, may issue a permit to a properly qualified lead pyrotechnic operator, for giving a display of fireworks in the Village. Such permits shall impose such restrictions as in the opinion of the Village Manager or his designee (the “Issuing Officer”) may be necessary to safeguard life and property in each case. Every person conducting or in charge of any public display of fireworks as herein provided for shall file an indemnity bond running to the Village in a sum to be determined by the Director of Finance, and in no event less than twenty-five thousand dollars ($25,000), to indemnify the Village against any and all claims arising through or because of such display. Such bond shall be subject to the approval of the Director of Finance and shall be filed in the office of the Director of Finance.
(B) If the fireworks display is to occur on private property, the written consent of the owner of such property shall be filed with the Village with the application.
(C) Such permit shall be issued only after inspection of the display site by the issuing officer, to determine that such display shall be in full compliance with the rules of the State Fire Marshal, which shall be based upon nationally recognized standards such as those of the National Fire Protection Association (NFPA) 1123 guidelines for outdoor displays and NFPA 1126 guidelines for indoor displays and shall not be hazardous to property or endanger any person or persons.
(D) All indoor pyrotechnic displays shall be conducted in buildings protected by automatic sprinkler systems.
(E) The Issuing Officer shall sign the permit.
(F) Possession by any party holding a certificate of registration under “The Fireworks Regulation Act of Illinois,” filed July 20, 1935, or by any employee or agent of such party, shall not be a violation, provided such possession is within the scope of business of the fireworks plant registered under that Act.
(G) The permit shall be issued only after the Issuing Officer has inspected the display site to ensure that such display is not hazardous to property or likely to endanger any person, is free from overhead obstacles, and is not closer than six hundred (600) feet to any hospital, nursing home, or other institution. The Issuing Officer may consult with the local Fire Chief or the National Fire Protection Association's 1123 guidelines for outdoor displays to ensure the safety of persons and property.
Sec. 10-137. Permit Application. [back to top]
(A) A permit application shall be completed and submitted to the Village not less than thirty (30) days in advance of the date of the fireworks display. Permits may be granted hereunder to any group of three (3) or more adult individuals applying therefor.
(B) No permit shall be required under the provisions of this Article for supervised public displays by State or County fair associations.
(C) Proof of insurance from the permit applicant in a sum not less than one million dollars ($1,000,000) conditioned on compliance with the provisions of this Article and the regulations of the State Fire Marshal hereunder shall be provided not less than ten (10) days in advance of the date of the fireworks display.
(D) The application shall identify the location at which the fireworks display is to occur.
(E) The application shall identify the individual who is the fireworks supervisor and shall further contain such documentation as may be necessary to demonstrate that the supervisor is a qualified pyrotechnic operator.
Sec. 10-138. Fireworks Supervisor Responsibilities. [back to top]
The Fireworks Supervisor is responsible for all aspects of the display related to fireworks and other pyrotechnics, including the following:
(A) No fire or life safety hazard is allowed to exist or occur during the storage, transportation, handling preparation or use of fireworks.
(B) All displays are conducted in accordance with applicable laws, codes, regulations and guidelines relating to fireworks, including this Article.
(C) A sufficient number of assistants is on hand for the safe conduct of the display and the safety of those watching the display.
(D) Proper protective gear (i.e., safety glasses and protective clothing) is worn by all personnel involved in the display.
(E) A sufficient number of fire extinguishers of a suitable type are present while fireworks are being prepared for firing or fired.
(F) If at any time high winds, severe weather or other conditions create a danger, the display shall be postponed until conditions improve.
(G) The area in which debris from aerial fireworks has fallen must be inspected for unexploded fireworks and/or hot embers.
Sec. 10-139. Penalty. [back to top]
The penalty for violation of this Article shall be not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Article XIII. Motor Fuel Price Advertising
(Enacted by Ordinance No. O-08-46, passed July 7, 2008)
Sec. 10-140. Posted Price to Include Tax; Regulation of Advertising Promotions. [back to top]
(A) No person, firm or corporation owning or operating a service station shall advertise or hold out or state to the public the per gallon price of gasoline or other motor fuel upon any sign on the premises of such station, unless such price includes all taxes and unless the price, as so advertised, corresponds with the price appearing on the pump from which such fuel is dispensed. Also, the identity of the product must be included with the price in any such advertisement, holding out or statement to the public.
(B) No person, firm or corporation owning or operating a service station shall sell, offer to sell or deliver gasoline or other motor fuel to any person on any one date at a price that is fifty (50) percent or less than the price charged to other purchasers of gasoline or other motor fuel on that day, when the reduced price is associated with an advertising promotion at the service station.
Sec. 10-141. Penalty. [back to top]
The penalty for violation of this Article shall be not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Article XIV. Precious Metal and Gem Dealers, Pawnbrokers
(Article adopted by Ordinance O-09-61, passed on 10/19/09)
Sec. 10-142. License Required; Method of Obtaining License; No Convictions of Certain Crimes; Approval of Weighing Devices; Renewal; Permanent Location Required. [back to top]
(A) No person shall engage in the activities of a precious metal dealer or pawnbroker without first obtaining a license from the Village.
(B) In addition to any requirements set forth in Article I of this Chapter, in order to obtain a license, the dealer or pawnbroker shall file with the Chief of Police, or his designee, an application form which includes the dealer’s or pawnbroker’s full name, any aliases, age, date of birth, sex and fingerprints; the name, address and telephone number of the applicant’s employer, if any; the location of the dealer’s proposed place of business, and a consent to conduct a background investigation, together with a three hundred dollars ($300.00) application fee, along with the Illinois State Police fingerprint fee. The Chief of Police, or his designee, shall thereupon conduct an investigation of the applicant. Issuance of the license may be denied by the Village Manager for cause, including but not limited to the causes for license revocation set forth in Section 10-13.
(C) Before a license may be issued, the dealer or pawnbroker shall have all weighing devices used in the business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the Village.
(D) The license shall be valid for one (1) year from the date issue and may be renewed in the same manner as the original license was obtained for an annual permit fee of two hundred dollars ($200.00). No license shall be transferable.
(E) If the business of the dealer or pawnbroker is not operated without interruption, with Saturdays, Sundays and recognized holidays excepted, the dealer shall notify the Chief of Police or his designee of all closings and reopenings of such business. The business of a dealer or pawnbroker shall be conducted only from the fixed and permanent location specified in the dealer’s application for a license.
(F) All such businesses shall maintain in working order and continuous operation an interior digital video surveillance system, storing a minimum of thirty (30) days of data.
(G) In addition to the terms and conditions set forth in this Article, the dealer shall also comply with all pertinent state, federal and local laws, including, without limitation, 205 ILCS 510/1 et seq. In the case of a conflict, the most restrictive law, ordinance or regulation shall apply.*
*See also Village Code Sections 13-30 et seq.
Sec. 10-143. Records To Be Kept; Copy Furnished to Local Authorities. [back to top]
Every dealer or pawnbroker shall keep at his place of business an accurate and legible record book of each purchase or item taken into possession and a photograph, in digital or other format, of each purchase or item taken into possession. The record book and photograph of each purchase shall be retained by the dealer for at least twenty-four (24) months. The record book shall set forth the following:
(A) A complete description of all items taken into possession. The description shall include all names, initials, serial numbers, or other identifying marks or monograms on each item, the true weight or carat of any gem, and the price paid for each item.
(B) The date, time and place of receiving the items taken into possession.
(C) The owner/seller’s full name, residence address, work place, home and work telephone numbers, date of birth, sex, race, height, hair and eye color, and other identifying marks.
(D) Verification of the identification by the exhibition of a government-issued identification card such as a driver’s license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon; and
(E) A statement of ownership signed by the owner/seller.
A copy of the record book shall be mailed each day to the Addison Police Department. E-mail shall be acceptable.
Sec. 10-144. Officers May Examine Records of Property; Warrantless Search and Seizure Authorized. [back to top]
Every dealer or pawnbroker or his employee shall admit to the place of business during regular business hours the Chief of Police or his designee of the Village. The dealer or pawnbroker or his employee shall permit the officer to:
(A) Examine all records required by this Article and any article listed in a record which is believed by the officer to be missing or stolen; and
(B) Search for and take into possession any article known to him to be missing or known or believed by him to have been stolen.
Sec. 10-145. Credentials and Statement of Ownership Required from Seller or Depositor. [back to top]
No dealer or pawnbroker shall purchase any item without first:
(A) Ascertaining the identity of the seller/depositor by requiring an identification issued by a governmental agency with a photograph of the seller/depositor thereon, and at least one (1) other corroborating means of identification; and
(B) Obtaining a statement of ownership from the seller/depositor.
Sec. 10-146. Prohibited Purchases. [back to top]
(A) No dealer or pawnbroker shall accept any item from any person who is under the age of eighteen (18).
(B) No dealer or pawnbroker shall accept the transfer of goods from any person who the dealer believes or has reason to believe is not the owner of such goods, unless the seller/depositor has written and duly authenticated authorization from the owner permitting and directing such transfer.
Sec. 10-147. Dealer to Retain Purchases. [back to top]
(A) The dealer or pawnbroker shall retain all items purchased or held on deposit for a minimum of seven (7) calendar days from the date on which the items were acquired. Until the expiration of this period, the dealer or pawn broker shall not sell, alter, or dispose of any acquired item in whole or in part, or remove it from the Village.
(B) If a dealer or pawnbroker performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of seven (7) calendar days after receiving such article and precious metals or gems.
Sec. 10-148. Record of Disposition. [back to top]
Each dealer or pawnbroker shall maintain for at least twenty four (24) months an accurate and legible record of the name and address of the person, firm or corporation to which he sells any items in their original form after the waiting period required by Section 10-147. This record shall also show the name and address of the seller/depositor from whom the dealer acquired the item.
Sec. 10-149. Exemptions from Article. [back to top]
(A) The Chief of Police, or his designee, may waive by written notice implementation of any one or more of the provisions of this Article, except Section 10-146, for particular numismatic, gem, or antique exhibitions or craft shows sponsored by not-for-profit organizations, provided that the purpose of the exhibitions is not-for-profit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibitions.
(B) Neither the provisions of this Article nor any local ordinances dealing with the subject matter of this Article shall apply to the sale or purchase of coins.
(C) The provisions of this Article shall not apply to any bank, branch thereof, trust company or bank holding company, or to any wholly owned subsidiary thereof, engaged in buying and selling gold and silver bullion.
Sec. 10-150. Penalties; Revocation [back to top]
Any person not in compliance with the provisions of this Article shall be subject to the penalties, including license revocation and fines, as set forth in Article I of this Chapter.
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