Ordinance 2013-49 I
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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO , 201349
AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND
RESALE DEALERS IN THE UNITED CITY OF YORKVILLE
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Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 13 °i day of August, 2013
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Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on August 16 , 2013 ,
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ORDINANCE NO . 2013--yJ
AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND
RESALE DEALERS IN THE UNITED CITY OF YORKVILLE
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WHEREAS, the United City of Yorkville (the " City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, section I1 -42- 5 of the Illinois Municipal Code (65 ILCS 5/ 11 -42-5 )
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provides that the corporate authorities of a municipality may license, tax, regulate or prohibit
pawnbrokers ; and,
WHEREAS , section 11 -42-3 of the Illinois Municipal Code (65 ILCS 5/ 11 -42 -3 )
provides that the corporate authorities of a municipality may license, tax, locate and regulate all
places of business of dealers in junk, dismantled or wrecked motor vehicles or parts thereof, rags
and any second-hand article whatsoever; and,
WHEREAS , the regulation of pawnbroker and resale businesses through licensing and
other regulations, is necessary to deter and detect crime and to otherwise protect the public
health, safety, morals and welfare relating to their operation ; and,
WHEREAS , deterring crime, detecting crime, protecting theft victims and recovering
stolen property relates to the protection of the public health, safety, morals and welfare of the
City; and,
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WHEREAS , the City Council of the City has determined that it is necessary and
desirable to adopt regulations regarding pawnbroker and resale businesses .
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows :
Section 1 : That Title 3 of the Yorkville City Code, as amended, be and is hereby
amended by adding Chapter 13 to read as follows :
" CHAPTER 13
PAWNBROKER AND RESALE DEALERS
343- 1 : DEFINITIONS :
APPROVED IDENTIFICATION : Any one of the following validly issued and unexpired fonns
of identification, which includes a photograph of the person : a) a United States passport, b) a
state driver's license, c) a state issued identification card, d) a military identification card, or e) a
United States permanent resident card .
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AUDIO-VIDEO EQUIPMENT : Items which include any stereo , speaker, radio, video recorder,
video camera, camera, television, tape or disk player, MP3 player or satellite signal device.
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INDIVIDUALLY IDENTIFIABLE ARTICLES : Articles that are individually identifiable by a
serial number; or other applied numbers, letters, characters or markings ; or other unique features
that serve to distinguish it from any other similar article and can be used to establish ownership
of the article .
PAWNBROKER : Any person who lends money on deposit or pledge of personal property, or
deals in the purchase of personal property on condition of selling the same back at a stipulated
price, or who publicly displays at his or her place of business the sign generally used by
pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates,
in substance, a business on the premises which "loans money for personal property, or deposit or
pledge " . The business of a pawnbroker shall not include the lending of money on deposit or
pledge of title to property.
PERSON : A natural person, joint venture, joint stock company, partnership , association, club,
company, corporation, business, trust or organization ; or the manager, lessee, agent, servant,
officer or employee of any of them .
PRECIOUS METALS : Articles consisting primarily of the elements of gold (chemical symbol
Au) , silver (chemical symbol Ag) , platinum (chemical symbol Pt) or palladium (chemical
symbol Pd) , but not including articles merely plated with these metals or articles similar in color
to these metals but not actually consisting of them .
RESALE DEALER : Any individual, firm , corporation or partnership engaged in the business of
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operating a business for profit which buys , sells, possesses on consignment for sale or trades
jewelry, stamps, audio-video equipment or any precious metals which may have been previously
owned by a consumer; or which derives more than thirty five percent (35 %) of its gross receipts
from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which
have previously been owned by a consumer, including, but not limited to , furniture, appliances,
clothing, automobile accessories, books or metals , whether in bulk or manufactured state.
A. The term "resale dealer" shall include, but not be limited to , businesses commonly
known as swapshop operators, stamp dealers, coin dealers and jewelers that purchase and
resell items from persons other than dealers and suppliers and engage in disassembling,
melting and otherwise altering jewelry. The term "resale dealer" shall not include
pawnbrokers .
B . The fact that any business does any of the following acts shall be prima facie proof
that such business is a resale dealer:
1 . Advertises in any fashion that it buys or sells used items . Such advertisements shall j
include, but not be limited to , media advertisements, websites, telephone listings, and
signs whether on the exterior or interior of the business .
2 . Devotes a significant segment or section of the business premises to the purchase or
sale of used items .
USED : Any goods, wares or merchandise which have previously been owned by a consumer,
including, but not limited to, jewelry, stamps, coins, audio-video equipment, or any precious
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metals, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk
or manufactured state.
343-2 : LICENSE REQUIRED :
A. No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall
operate or permit to be operated as a pawnbroker or resale dealership without first having
obtained a license from the City to do so . The requisite fee shall accompany all original or
renewal applications . Each license shall commence on January 1 and shall terminate on
December 31 next following the date of issuance. Failure or neglect to pay the requisite license
fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the
case may be.
B . It shall also not be lawful for an individual or business entity to conduct business in the City
using the word "pawn " , "pawnshop " or "pawnbroker" in connection with a business or to transact j
business in the City in a manner which has a substantial likelihood of misleading the public by
implying that the business is a pawnshop, without first obtaining a license from the City as
provided in this chapter.
3- 13-3 : RESALE DEALER EXEMPTIONS :
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The following activities shall be exempt from the requirements of this chapter for resale dealers :
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A . Residential garage sales .
B . Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or
benevolent organizations which have been in active and continuous existence for at least one
year prior to the holding of the sale, or which are exempt from taxation under section 501 of
the internal revenue code .
C . Sales or purchases which are regulated by the licensing laws of the state, including
automobile dealers, used parts dealers and automotive parts recyclers .
D . Consumer shows or exhibitions of collectibles .
E . Sales by auctioneers .
F . Sales by pawnbrokers holding a license pursuant to this Chapter.
G . Sales of recyclable metal by a recyclable metal dealer.
H . Sales of recyclable materials by a scavenger.
I . Sales or trades of used books between a customer and owner of a used bookstore.
3434 : NUMBER OF LICENSES TO BE ISSUED :
The number of pawnbroker licenses shall not exceed two (2) in number and the number of resale
shop licenses shall not exceed ten ( 10) in number.
3- 13-5 : APPLICATION :
An application for a license required by this chapter shall be made in writing under oath to the
City Clerk on a form prescribed by the City Clerk . All references to the City Clerk in this
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Chapter shall be deemed to include the City Clerk or his or her authorized designee. Each
application shall include, but not be limited to , the following information :
A. The name of the individual, partnership, corporation or association applying for a license.
B . The residence, phone number, date of birth and driver's license number of the applicant or
partners ; or, if a corporation or association, the residence, phone number and driver's license
number of the officers and all shareholders owning more than five percent (5 %) of the
outstanding shares of stock.
C . The location for which the license is requested.
D . Whether the applicant, its partners, officers or listed shareholders have been convicted of any
criminal offense or ordinance violation (other than traffic or parking offenses) in any
jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction.
E . Such information as required by the chief of police in order to conduct a criminal history
background investigation on the applicant, its partners, officers or listed shareholders owning
more than five percent (5 %) of the outstanding shares of stock.
F . Whether the applicant, its partners, officers or listed shareholders have held a license or had an
interest in a license issued by the City or any other jurisdiction regulating the purchase or sale
of used property revoked for cause, and, if so, list the date of revocation and jurisdiction.
G . 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.
3- 13-6 : FEES :
The applicant for a pawnbroker or resale dealer license required by this chapter shall pay the City
Clerk at the time of filing an application a license fee of two hundred dollars ($200 . 00) per
calendar year or part thereof. Should the license be denied, the license fee shall be refunded to
the applicant.
3- 13-7 : INVESTIGATION OF APPLICANT :
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Upon receipt of an application for a license under this chapter, the City Clerk shall cause a copy
thereof to be sent to the chief of police and the community development director both of whom
shall report back to the City Clerk in thirty (30) days whether the applicant is in accordance with
applicable City codes . The investigation by the chief of police shall include, but not be limited
to , conducting a criminal history background investigation on the applicant, its partners , officers
or listed shareholders owning more than five percent (5 %) of the outstanding shares of stock.
3- 13-8 : BOND PREREQUISITE TO ISSUANCE :
Every applicant for a license under this chapter shall file with the City a license and permit bond
in the penal sum of one thousand dollars ($ 1 ,000 . 00) , approved by the City attorney, with the
City as obligee, conditioned for the faithful and due performance of the provisions of this chapter
and the laws of the State concerning the operation of the licensed business, and the payment of
all fines and penalties by reason of the violation thereof.
3- 13-9 : ISSUANCE :
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Upon receipt of the report from the chief of police and community development director, the
City Clerk shall issue the license requested under this chapter unless it is determined that :
A . The applicant is under the age of eighteen ( 18 ) .
B . The location requested is not in a permanent structure.
C . The applicant plans to operate as an itinerant merchant as that term is defined in Section 3 -7- 1
of this title.
D . The applicant, its partners, officers or listed shareholders have been convicted of or had plead
guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under
the laws of this State, City or any other jurisdiction within the past ten ( 10) years, or have
forfeited a bond to appear in court to answer for charges for such offenses during such time.
E . The location requested and structure to be used would not comply with all applicable laws j
including, but not limited to, the Yorkville Zoning Ordinance.
F . The applicant, its partners, officers or listed shareholders have held a license or had an interest
in a license issued by the City or any other jurisdiction regulating the purchase or sale of used
property which was revoked for cause.
G . The applicant, its partners, officers or listed shareholders has knowingly furnished false or
misleading information or withheld relevant information on any application for a license
required by this chapter or any investigation into any application.
H . The application has not been properly completed and/or the licensing fee required in this
chapter has not been paid.
I . An investigation reveals that the applicant has falsified information on the application .
J . There is an outstanding code violation on the proposed premises, unless the applicant can
provide satisfactory evidence that the condition will be corrected within a reasonable time,
and the conduct of the business pending the correction of such condition will not endanger
the public health, safety or welfare.
K. Failure to comply with other provisions of this chapter or applicable requirements of law.
L. There is no license currently available.
3- 13- 10 : POSTING :
Every license issued under the provisions of this chapter shall, at all times during the period for
which it is effective, be posted in a conspicuous place at or near the principal entrance to the
premises for which the license is issued .
3- 13- 11 : TRANSFER:
A. No license issued under this chapter may be transferred to any other person .
B . No corporate licensee shall permit any transfer of its stock which would vest in aggregate
more than five percent (5 %) of the stock, outstanding in such corporation in any shareholder
unless such shareholder has been certified by the City Clerk as meeting the requirements of
this chapter.
3- 13- 12 : CHANGE OF LOCATION :
No pawnbroker or resale dealer shall carry on any business required to be licensed under this
chapter except at the location designated on the license. Should the resale dealer wish to change
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the location, application shall be made to the City Clerk for such change in writing. The City
Clerk shall approve the change of location unless the new location would be contrary to the
provisions of this chapter, the ordinances of the City or any other applicable requirements of law .
34343 : HOURS OF OPERATION :
No pawnbroker/resale dealer shall purchase, accept or take or receive in pawn any goods, wares,
articles or things whatsoever or resale dealer shall purchase any goods, wares, articles or things
whatsoever, from any person before the hour of six o 'clock (6 : 00) A. M. or after the hour of nine
o'clock (9 : 00) P . M.
3- 13- 14 : PROHIBITED PURCHASES :
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No pawnbroker/resale dealer under this chapter shall purchase, accept or take or receive in pawn
any goods, wares, articles, or things or resale dealer under this chapter shall purchase or accept
any goods, wares, articles, or things, under any of the following circumstances :
A. Where the seller is less than the age of eighteen ( 18 ) .
B . Where the seller is intoxicated.
C . Where the seller fails to present at least one form of approved identification that contains the
seller's full legal name, residence address and a photograph, as required in this chapter.
D . Where the article to be purchased had an original manufacturer's serial number at the time it
was new, but no longer legibly exhibits such number.
E . Where the seller is known to be a thief or has been convicted of theft, burglary, robbery or
possession of stolen property. A law enforcement officer may provide such criminal
conviction information to a pawnbroker. When any person is found to be the owner of stolen
property which has been pawned, such property shall be returned to the owner thereof
without the payment of the money advanced by the pawnbroker thereon or any costs or
charges of any kind which the pawnbroker may have placed upon the same.
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3- 13- 15 : PURCHASING, SELLING WEAPONS PROHIBITED :
No pawnbroker or resale dealer shall deal in, or buy or sell, or display in his shop, any pistol ,
revolver, derringer, bowie knife, dirk or other deadly weapon of like character, capable of being
secreted upon the person unless the licensee also possess a valid and current license for such
deadly weapon as provided by state and federal law.
3- 13- 16 : PAWNBROKER SALES AND REDEMPTIONS REGULATED :
A . It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage j
upon money advanced, and for the use and forbearance thereof, than the rate of three percent
(3 %) per month . Nothing in this section shall be construed so as to conflict with the law
pertaining to usury, and the person receiving money so advanced may hold such monies to
pay any fees in addition to interest as herein provided .
B . Each pawnbroker, when making a loan, must disclose, in printed form on the pawn contract,
the following information to the persons receiving the loan :
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1 . The amount of money advanced, which must be designated as the amount financed;
2 . The maturity date of the pawn, which must be at least thirty (30) days after the date of
the pawn;
3 . The total pawn interest and the total service charge payable on the maturity date, and
the total of both which must be designated as the finance charge;
4 . The total of payments that must be paid to redeem the pledged goods on the maturity
date, which must be designated as the total of payments ; and
5 . The annual percentage rate, computed according to the regulations adopted by the
board of governors of the Federal Reserve System under the federal truth in lending act.
C . Each pawnbroker may contract for and receive a monthly finance charge, including interest
and fees , not to exceed one-fifth ( 115) of the loan amount, as set forth herein, for appraising,
investigating title, storing and insuring the collateral, closing the loan, making daily reports
to local law enforcement officers including enhanced computerized reporting, complying
with regulatory requirements and for other expenses and losses of every nature whatsoever
and for all other services . Such fees, when made and collected , shall not be deemed interest
for any purpose of law.
D . If the pawner or a pledger fails to repay the loan during the period specified on the pawn
ticket, the pawnbroker shall automatically extend a grace period of thirty (30) days from the
default date on the loan during which the pawnbroker shall not dispose of or sell the personal
property pledged. The parties may agree to extend or renew a loan upon terms agreed upon
by the parties, provided the terms comply with the requirements of this chapter.
E . Every pawnbroker shall , at the time of each advancement or each loan, deliver to the person
pawning or pledging any goods, articles or things, a memorandum or note, signed by him or
her, containing an identifying pledge number and the substance of the entry required to be
made in the pawnbroker's record book required by this chapter, and no charge shall be made
or received by any pawnbroker, loan broker or keeper of a loan office for any such entry,
memorandum or note.
F . Every pawnbroker shall for each article pledged attach thereto a tag with the pledge number,
the time when said pledge was obtained and the amount of said pledge.
G . It shall be unlawful for any person to sell or pledge any property to a pawnbroker that is not
owned by the person selling or pledging such property.
3- 13- 17 : RECORDS OF PURCHASES :
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Throughout the tern of the license, every pawnbroker and resale dealer 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 j
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 in to a pawnbroker or resale dealer for
sale, barter, or trade, by an individual (pawner/seller) at the same time and date, and
includes the sale of non-junk/scrap articles by a pawnbroker or resale dealer to another
person . Articles brought into a pawnbroker or resale dealer by an individual
(pawner/seller) for sale, barter, trade or pawn, at different times on the same date by the
same person shall be considered as separate transactions, regardless of how short the
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difference in time is between those transactions . Separate transactions , either from the
same person or different persons, shall not be combined and reported collectively.
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.
A . Transactions involving individually identifiable articles .
1 . Purchases/receipts by licensees . Each individually identifiable article brought
in to a pawnbroker or resale dealer 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.
£ 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 .
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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 .
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B . Transactions involving non-individually identifiable articles .
1 . Non-individually identifiable articles may be recorded or 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 or resale dealer by an individual for sale, barter or trade during a
transaction shall be associated with the person who brought the material in.
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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 j
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, bullion and paper money shall be exempt from the requirements of this
Chapter.
D . 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 any police
officer during regular business hours .
3- 13- 18 : REPORTS TO CHIEF OF POLICE :
A. The Police Department shall enter into a contract for service and maintain its contract
for service with LeadsOnline, or a similar entity as designated by the chief of police, in
order to enhance its investigative services to protect pawnbrokers and resale dealers and
members of the general public. In the event of a change to its electronic reporting system,
the City will notify all impacted licensees of the change within a reasonable time prior to
such change. j
B . Every pawnbroker and resale dealer shall operate and maintain a computer system
with internet access and photographic or video capability sufficient for the electronic
reporting requirements described in this chapter. Any failure or malfunction of such
equipment on the part of the licensee shall not exempt the licensee from the
recording/reporting requirements outlined in this chapter. The licensee shall immediately
notify the police department of any such failure or malfunction, and shall have such
resolved as soon as practicable. Failure by the licensee to resolve any failure or
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malfunction of equipment in a reasonable amount of time will lead to license revocation
proceedings .
C . No pawnbroker or resale dealer shall be required to furnish such description of any new
property purchased by the pawnbroker or resale dealer from manufacturers, other retailers or
wholesale dealers having an established place of business, or of any goods purchased at open
sale, or from a bankrupt stock. Such goods must be accompanied by a bill of sale or other
evidence of open and legitimate purchase and shall at all times during the pawnbroker or resale
dealer's business hours be open to the inspection of members of the City' s police department.
3- 13- 19 : INSPECTION OF PREMISES :
Every pawnbroker or resale dealer under this chapter and every person employed by him in the
conduct of business shall admit to any and every pant of the premises designated in the license,
during the resale dealer's business hours, any police officer of the City to examine compliance j
with the City ' s electronic reporting system required in Section 3 - 13 - 17 . ,
3- 13-20 : WAITING PERIOD :
A . No pawnbroker or resale dealer shall expose for sale, sell , trade, barter, melt,
crush/compact, destroy, or otherwise dispose of, any individually identifiable article
within seven (7) days of the time of purchasing or receiving the same.
B . No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact,
destroy, or otherwise dispose of any non-individually identifiable jewelry or other non- j
individually identifiable articles within twenty-four (24) hours of the time of purchasing or
receiving the same.
3- 13-21 : REMOVAL OF IDENTIFYING MARKS PROHIBITED :
No pawnbroker or resale dealer shall remove, alter or obliterate any manufacturer's make, model
or serial number, personal identification number, or identifying marks engraved or etched upon
an item of personal property that was purchased or received by the pawnbroker or resale dealer.
3- 13-22 : VIDEO CAMERA SURVEILLANCE REQUIRED :
Each pawnbroker and resale dealer shall be required to install , operate and maintain a video
camera surveillance system capable of recording clear and unobstructed photographic
representations of the pawnbroker or resale dealer's customers and shall retain the videotape
recordings produced therefrom for at least thirty (30) days . j
3- 13-23 : INVENTORY SYSTEM :
Every pawnbroker and resale dealer shall maintain an inventory system of all property purchased
or received in such a manner that members of the City's police department making an inspection
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pursuant to this chapter can readily ascertain the identity of such property and readily locate such
property on the licensed premises .
3- 13-24 : SUSPENSION OR REVOCATION :
In addition to any other penalty which may be authorized by this chapter or other City
ordinances, a license may be suspended or revoked for:
A. Failure of the pawnbroker or resale dealer licensee, its officers, agents or employees to
comply with any provision of this chapter, any other applicable ordinances, the laws of the
state, federal laws or other applicable legal requirements ;
B . Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders
have been convicted of any offense set forth in subsection 3 - 13 -91) of this chapter; or
C . Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders
have knowingly furnished false or misleading information or withheld relevant information
on any application for a license required by this chapter or any investigation on any
application.
D . The pawnbroker or resale dealer shall be responsible for the acts of its agents, servants and
employees in the operation of the business . Prior to holding a hearing concerning the
question of whether a license shall be revoked or suspended, the City Clerk shall give at least
ten ( 10) days ' written notice to the pawnbroker or resale dealer setting forth the alleged
violation specifically. The pawnbroker or resale dealer may present evidence and cross
examine witnesses at such hearing.
3- 13-25 : PENALTY FOR VIOLATION :
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A . Any person violating any of the provisions or failure to comply with any of the mandatory
requirements of this chapter shall be guilty of an offense. Any person convicted of an offense
under this chapter, in addition to other legal and equitable remedies available to the City,
shall be punished by a fine in an amount of not less than two hundred fifty dollars ($250 . 00)
for each offense.
B . Any person shall be guilty of a separate offense for each and every day during any portion of
which any violation of any provision of this chapter is committed, continued or permitted by
any such person, and he shall be punished accordingly.
C . The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a
waiver of the power of the City to suspend, revoke or to refuse to renew a license or to seek
injunctive relief to enjoin violations of this chapter or other applicable provisions of law .
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3- 13-26 : SEVERABILITY :
If any provision, cause, sentence, paragraph, section or part of this chapter or application thereof
to any person or circumstance, shall or any reason to be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate
the remainder of this chapter and the application of such provision to other persons or
circumstances , but shall be confined in its operation to the provision, clause, sentence, paragraph,
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section or part thereof directly involved in the controversy in which such judgment shall have
been rendered and to the person or circumstances involved. It is hereby declared to be the
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legislative intent of the City Council that this chapter would have been adopted had such
constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been
included. "
Section 2 : All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed to the extent of such conflict .
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Section 3 : This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
3 day of Acxciufs 2013 .
CITY CLERK
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CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI f LARRY KOT \
JOEL FRIEDERS ,�( CHRIS FUNKHOUSER
ROSE ANN SPEARS ,( DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
/ 5 dayof 7IU L267" , 2013 .
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MAYO
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Ordinance No. 2013-
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