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Ordinance 2019-36 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2019-36 ORDINANCE AMENDING TITLE 3,CHAPTER 13 OF THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 231 day of July,2019 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on July 31,2019. Ordinance No. 2019-36 ORDINANCE AMENDING TITLE 3,CHAPTER 13 OF THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and, WHEREAS, the City has determined that Chapter 13 of its Code of Ordinances should be amended in order to include certain business practices regarding the trading of electronic equipment or gift cards as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that Title 3, Chapter 13, Section 3-13-1 of the Code of Ordinances is hereby amended by deleting the definition of "Resale Dealer" and the definition of"Used" as currently stated in said Section 3-13-1 and replace such terms with the following: "RESALE DEALER: Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, gift cards, coins, audio-video equipment, electronic equipment of any type 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. Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, gift cards, coins, audio-video equipment, electronic equipment of any type or any precious metals which may have been previously owned by a consumer; and which generates more than 1 million dollars in gross sales receipts of any and all merchandise. A. The term "resale dealer" shall include, but not be limited to, businesses commonly known as swap shop operators, cash for gold operators, stamp Ordinance No.2019-36 Page 2 dealers, coin dealers and jewelers that purchase and resell items from persons other than dealers possessing a federal employee identification number and suppliers and engage in disassembling for purposes other than appraisals, melting, or otherwise altering jewelry. The term "resale dealer' shall not include pawnbrokers, providers of commercial mobile services as defined in 47 USC 332(d) or their authorized dealers. 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 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, gift cards, audio- video equipment, electronic equipment of any type or any precious metals, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state." This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 23rd day of July, A.D. 2019. �fl,a 0, CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER ABSENT CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON ABSENT Ordinance No.2019-36 Page 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this �day of W.y , A.D. 2019. Tl� MAYOR Attest: City Clerk Ordinance No.2019-36 Page 4