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HomeMy WebLinkAboutORDINANCES-1991-020-O-9120-0-91 AN ORDINANCE • Deleting the Existing Title 3, Chapter 12 Relating to Pawnbrokers and Adding a New Pawnbroker's Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Title 3, Chapter 12 of the Evanston City Code, 1979, as amended, be and hereby is further amended by deleting the existing "Pawnbroker's Ordinance" and adding a new Pawnbroker's Ordinance," providing as follows: CHAPTER 12 PAWNBROKERS SECTION: 3-12-1: Definition 3-12-2: License Adminstrator 3-12-3: License Required 3-12-4: Application for Licenses 3-12-5: Restrictions on Licenses 3-12-6:• License Conditions • 3-12-7: Books and Records Kept 3-12-8: Dealing with Minors 3-12-9: Rejection of Applications, Suspension or Revocation of Licenses 3-12-10: Separability 3-12-1: DEFINITION: Any person who lends money on deposit or pledge of personal property, or who deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who makes a public display at his place of business of the sign generally used by pawnbrokers to denote the business: "Three gilt or more or less yellow balls", or who publicly exhibits a sign of "money on loan for personal property or deposit or pledge", is hereby declared to be a pawnbroker. 3-12-2: LICENSE ADMINISTRATOR: (A) Chief of Police to Serve: The Chief of Police shall be the pawnbroker license administrator and shall be charged with the administration within the City of the appropriate provisions of this Chapter. (B) Powers and Duties: The Chief of Police shall have the following powers, functions, and duties with respect to pawnbroker's licenses: 1. To investigate and review all applications, renewals and complaints; investigate operations of all licensed establishments; conduct hearings; receive evidence and sworn testimony; and make recommendations to the City Council. 2. To suspend or revoke for cause all local licenses issued to persons for premises within his jurisdiction. • 3. To enter or to authorize any law enforcment officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Chapter or the Statutes of the State of Illinois have been or are being violated, and at such time to examine said premises, every article or other thing of value pawned or pledged, and books and records of said licensee in connection therewith; 4. To receive complaints that any of the provisions of this Chapter, any rules or regulations adopted pursuant hereto, or Statutes of the State of Illinois, have been or are being violated and to act upon such complaints in the manner herein provided; S. To receive local license fees and pay same forthwith to the City Collector. 6. To keep or cause to be kept a complete record of all such licenses issued by the City Council. 3-12-3: LICENSE REQUIRED: (A) No person shall have or keep for profit within the City, any pawnbroker's establishment, without first obtaining a license therefor as hereinafter provided. Each such license shall terminate one year from date of issuance. Any licensee may renew his license at the expiration thereof, provided he is then • qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall, in any case, prevent the City Council from decreasing the number of licenses to be issued within its jurisdiction. No more than two such licenses shall be in force at any one time. 3-12-4: APPLICATION FOR LICENSES: Applications for such license shall be made to the Chief of Police in writing, signed by the applicant if an individual, or by a duly sworn agent thereof, if a corporation, verified by oath or affidavit, and shall contain the following statements and information: (A) The name, age, date of birth, and address of the applicant, in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; and in the case of a corporation, the date of incorporation, the objects for which it was organized, a summary of its activities during the past year, and the names and addresses of the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation, and the person(s) managing the premises. (B) The character of business of the applicant; and, in the case of a corporation, the objects for which it was formed. 11 (Cl The length of time said applicant has been in business of that character, or in the case of a corporation, the date when its charter was issued, and a copy of the charter. (D) The location and description of the premises or place of business which is to be operated under such license. (E) A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. (F) A statement that the applicant is not disqualified to receive a license by reason of any matter or thing contained in this Chapter, laws of the State of Illinois, or the ordinances of the City, and a statement as to whether the applicant has ever been convicted of any felony or theft. (G) Whether a previous license issued by any state or subdivision thereof, has been revoked, and the reasons thereof. (H) A statement that the applicant will not violate any of the laws of the State of Illinois, or any ordinances of the City in the conduct of his place of business. (I) The application for a license shall be accompanied by the sum of one hundred twenty-five dollars ($125.00), which sum shall be in full for licensing such business for the term or period of one year upon granting of such license by the City Council. (J) Each applicant for a license under the provisions of this Chapter shall execute to the City a bond in the amount of two thousand dollars ($2,000.00), conditioned on the due observance of all ordinances of the • City respecting pawnbrokers, loanbrokers or keepers of loan offices during the effective period of such license. The bond shall contain a provision requiring the surety to investigate and defend third party suits. 3-12-5: RESTRICTIONS ON LICENSES: No such license shall be issued to: (A) A person who is not of good character and reputation in the community in which he resides; (B) A person who has been found guilty of a felony under and Federal or State law or of the offense of theft or of any violation of the pawnbroker's provisions of the City Code; (C) A person whose license under this Chapter has been revoked for cause. (D) A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license under a first application; (E) A copartnership, unless all of the members of such copartnership shall be qualified to obtain a license; (F) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning directly or beneficially in the aggregate more than five persent (5%) of the stock of such corporation, • would not be eligible to receive a license hereunder for any reason; (G) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee; (H) A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is issued; (I) Any elected public official; or an employee of the City or an appointee to any board or commission of the City, which employee or appointee is charged with the responsibility of administering or enforcing this Chapter; (J) A person who is not a beneficial owner of the business to be operated by the licensee. 3-1.2-6: LICENSE CONDITIONS (A) Transfer of License: A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this Chapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license will cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution. (B) Change in Personnel: 1. Any changes in partnerships, officers, directors, persons holding directly or beneficially more than five percent (5%) of the stock or • ownership interest, or managers of establishments license under this Chapter, shall be reported in writing to the Chief of Police within ten (10) days of the change. All new personnel shall meet all the standards of this Chapter and must otherwise qualify to hold a pawnbroker's license. All such changes in personnel shall be subject to review by the Chief of Police. 2. When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a pawnbroker's license, said license shall terminate. 3. When a license has been issued to a corporation and a change takes place in officers, directors, shareholders of more than 5% of the stock, or managers resulting in the holding of office or such shares of stock by one who is not eligible for a license, said license shall terminate. 4. When a license has been issued to an individual who is no longer eligible for a license, said license shall terminate. 5. When a licensee ceases to operate and closes its business premises, said license shall terminate. (C) Termination or Transfer of License: 1. When a license terminates as set forth in Section 3-12-6(A) or 3-12-6(B) of this Chapter, the maximum number of licenses in force • pursuant to Section 12-3-3 shall be reduced by one for each license so terminated. 2. A change in personnel as set forth in Sections 3-12-6(A) and 3-12-6(B) shall be reported to the Chief of Police within ten (10) days of the change. • (D) Change of Location: A pawnbroker's license shall permit operation of a pawnbroker's establishment only on the premises described in the application and license. No change of location shall be permitted unless the proposed new location is a proper one for operation of a pawnbroker's establishment under the laws of this State and the ordinances of the City. 3-12-7: BOOKS AND RECORDS KEPT: (A) Records of Loans or Pledges: Every pawnbroker, loanbroker or keeper of a loan office shall keep a book in which shall be clearly written in ink at the time of each loan an accurate account and description in the English language of the goods, articles, or things pawned or pledged or bought, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the goods, articles, or things. No entry made in such book shall be erased, obliterated, or defaced. (B) Memorandum of Pledge or Pledgor: Every pawnbroker, loanbroker, or keeper of a loan office shall, at the time of each loan, deliver to the person pawning or pledging any goods, articles, or things, a memorandum or note, signed by him, containing the substance of the entry required to be made in his book by the preceding subsection, and no charge shall be made or received by any pawnbroker, loanbroker, or keeper of a loan 40 office for any such entry, memorandum or note. (C) Books and Pledges Open to Inspection: The book referred to in subsection (A) of this Section, as well as every article or other thing pawned or pledged shall, at all reasonable times, be open to the inspection of any duly authorized law enforcement officer. (D) Daily Reports: It shall be the duty of every pawnbroker to make out and deliver to the Chief of Police or his designee, on each day before the hour of 12 o'clock noon, a legible and exact copy from the record book described in subsection (A) of this Section, that lists all personal property and other valuable things received on deposit or purchased during the preceding day, together with the exact time when received or purchased, and a description, verified by driver's license or other photographic identification, of the person or persons by whom left in pledge, or from whom the same were purchased. (E) Purchase from Intoxicated Person or Thief: No pawnbroker shall purchase or take any article in pawn or pledge from any person appearing to be intoxicated, nor ffrom any person known to him to have been found guilty of theft. 3-12-8: DEALING WITH MINORS: No person licensed under this Chapter shall take or receive in pawn or pledge for money loaned, any property, bonds, notes, securities, articles, or other valuable thing(s) from any person under the age of eighteen (18) years, or the ownership of which is in, or which is claimed, by any person under the age of eighteen (18) years, or which may be in the possession or under the control of any person under the age of eighteen (18) years. 3-12-9: REJECTION OF APPLICATIONS; LICENSE SUSPENSIONS AND REVOCATIONS: „ Upon discovery of a violation of any provision of this Chapter, the Chief of Police shall have the authority to reject license applications, or • suspend or revoke the pawnbroker's license of the licensee committing such violation or to whom such violation is attributable. 3-12-10: SEPARABILITY: It is hereby declared to be the intention of the City Council that the several provisions of this Ordinance are separable, in that, if a court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgement shall not affect any other provision of this Ordinance not specifically included in said judgement. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication _in the manner provided by law. Introduced: ��il�l'/�� 16 Adopted: • iv ATTEST: City Clerk A proved as to f r Corporation Counsel , 1991 , 1997-- C) Approved: 1 Mayor , 1992 0