SECONDHAND DEALERS GENERALLY (4-264-005 et seq.)

Municipal Code of Chicago tit. 4, ch. 4-264, art. I

in effect

Municipal Code of Chicago § 4-264-005 Definitions.

4-264-005 Definitions. For purposes of this chapter: "Audio-video equipment" includes, but is not limited to, any stereo, speaker, radio, video recorder, audio recorder, camera, video camera, television, DVD player, VHS player, CD player, tape or disc player of any type, digital audio disc, digital video disc, telephone, cell phone, Smartphone, iPhone, iPad, iPod, interactive panel system, interactive display, amplifier, microphone, projector, computer, laptop computer, computer hardware, monitor, slide projector, wireless slate, pager, public assembly system, wireless communication device, satellite signal device or similar equipment, regardless of whether such equipment is individually identifiable by a serial number, or by other applied numbers, letters, characters or markings, or by other unique features that serve to distinguish the equipment from similar equipment in order to establish ownership of the equipment. "Automated recycling kiosk" means an unmanned interactive device that purchases secondhand wireless communication devices and any person who installs, remotely operates or monitors the unmanned interactive device. The place of business of an automated recycling kiosk shall be the location of the kiosk and not the location of any remote operator. "Children's product" means any item of furniture manufactured for use by children under eight years of age, including, but not limited to, any crib, playpen, stroller or child carrier. "Currency" means coin or paper money that is bought, sold or otherwise transferred at greater than face value. "Jewelry" means any precious metal as defined in this section or any precious stone or gem as defined in this section, including, but not limited to, earrings, chains, pendants, pins, brooches, bracelets, armbands, rings, head or hair ornaments, diadems, cuff links or similar objects comprising or containing precious metals or precious stones. The term "jewelry" also includes articles comprising or containing precious metals or precious stones, including, but not limited to, optical frames, pens, pencils, flatware or holloware. "Licensee" means a secondhand dealer licensed under this chapter. "Precious metal" means gold, silver or platinum. "Precious stone or gem" means any genuine diamond, emerald, ruby, sapphire or pearl of any value and any other genuine stone or gem with a value of more than $100.00 "Secondhand dealer" means any person who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any secondhand property. Notwithstanding the foregoing, nothing in this chapter applies to: (i) pawnbrokers licensed under Chapter 4-240; junk peddlers licensed under Section 4-6-150; junk facilities permitted under Chapter 11-4 of this Code; or manufacturing establishments licensed under Chapter 4-224; (ii) sales or exchanges of used articles and materials conducted by or controlled by charitable or religious organizations; (iii) any person who purchases used articles or materials from a charitable or religious organization for the purpose of resale, if the person spends in excess of $1,000,000.00 per annum on purchases of used articles and materials from religious and charitable organizations for purposes of resale, and maintains an indoor facility of not fewer than 10,000 square feet for the sale of such used articles and materials; (iv) the sale of Chicago Transit Authority fare tokens pursuant to permission of the Authority; (v) the purchase or sale of precious metals or currency on the Chicago Mercantile Exchange or on a similar exchange, wherever located; (vi) the exchange of currency by a licensed currency exchange, national bank, federal savings bank or other financial institution as defined in the Illinois Banking Act; or (vii) a manufacturer of wireless communication devices that acquires the devices as part of a trade-in program, or a provider of commercial mobile service, as defined in 47 U.S.C. 332(d), and such provider's authorized agents and retailers that have contractual relationships with the provider to sell the provider's authorized products and services. "Secondhand dealer – non-valuable" means a secondhand dealer who does not engage in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any jewelry or watch made of precious metal or precious stone or gem; article made of precious metal or precious stone or gem; or currency. "Secondhand property" means any previously owned audio-video equipment; construction materials, including, but not limited to, plumbing, electrical, roofing, masonry and carpentry supplies; jewelry or watch made of precious metal or precious stone or gem; article made of precious metal or precious stone or gem; sporting or athletic gear or equipment, including a bicycle; or currency. "Serial number" means, in reference to cell phones or other wireless communication devices, a Mobile Equipment Identifier (MEID), International Mobile Equipment Identity (IMEI) number or Electronic Serial Number (ESN). "Stolen cell phone database" means a stolen cell phone database into which the make, model and serial number of a stolen or lost cell phone is identified. At the time of the enactment of this amendatory ordinance of 2017, "stolen cell phone database" means any electronic service linked to the Groupe Speciale Mobile Association (GSMA) database that is used to search a cell phone's International Mobile Equipment Identity (IMEI) number across international networks to determine whether the cell phone has been reported lost or stolen. The commissioner may, by rule, identify one or more additional or alternative stolen cell phone databases. "Trade-in program" means a program offered by a wireless telephone service provider or manufacturer of wireless communication devices that is not primarily engaged in purchasing personal property of any type from a person who is not a wholesaler, pursuant to which used wireless communications devices are accepted from customers for trade-in when purchasing a new device or in exchange for a noncash credit usable only for the purchase of goods or services from the wireless telephone service provider, manufacturer of wireless communication devices, or from authorized agents of such provider or manufacturer, or a rebate from a manufacturer on the purchase of one of the manufacturer's wireless communications devices. "Unlicensed secondhand dealer" means any person who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any secondhand property without obtaining a secondhand dealer license from the City. If any person possesses five or more secondhand cell phones on one business premises without a valid license from the City, a rebuttable presumption shall exist that the person is an unlicensed secondhand dealer. "Wireless communication device" or "cell phone" means any device through which personal wireless services, as defined in 47 U.S.C. 332(c)(7)(C)(i), are transmitted. (Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 11-3-99, p. 14166, § 1; Amend Coun. J. 5-29-02, p. 86303, § 1; Amend Coun. J. 9-27-07, p. 9562, § 1; Amend Coun. J. 9-8-10, p. 99259, § 1; Amend Coun. J. 4-13-11, p. 115372, § 1; Amend Coun. J. 5-9-12, p. 27485, § 131; Amend Coun. J. 7-30-14, p. 85719, § 4; Amend Coun. J. 2-22-17, p. 43916, Art. III, § 1; Amend Coun. J. 9-6-17, p. 54980, § 2)

Municipal Code of Chicago § 4-264-010 License - Required.

4-264-010 License - Required. It shall be unlawful for any person to engage in the business of a secondhand dealer without first obtaining a license therefor for each separate place, premises or location where such business is to be conducted, or for each automated recycling kiosk. The license issued pursuant to this chapter shall be administratively categorized as either secondhand dealer or secondhand dealer – non-valuable (collectively, "secondhand dealer"). (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-22-93, p. 31558; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 2-22-17, p. 43916, Art. III, § 2; Amend Coun. J. 9-6-17, p. 54980, § 2)

Municipal Code of Chicago § 4-264-020 License - Application - Investigation.

4-264-020 License - Application - Investigation. An application for license as a secondhand dealer shall be made in conformity with the general requirements of this Code relating to applications for licenses. When an application for such license is made, the commissioner of business affairs and consumer protection shall cause an investigation to be made to ascertain whether the applicant has complied with the state laws and the provisions of this Code applicable to said business, and whether the applicant is of good character and repute. Provided, however, that such investigation shall not be required for a secondhand dealer that deals in only children's products. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 5-9-07, p. 105047, § 14; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

Municipal Code of Chicago § 4-264-030 License - Fee.

4-264-030 License - Fee. The fee for a secondhand dealer's license shall be as set forth in Section 4-5-010. Provided, however, that the fee for a secondhand dealer that deals in only children's products shall be $250.00 and such fee shall be waived for a not-for-profit secondhand dealer that deals in only children's products. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-13-10, p. 83191, § 1)

Municipal Code of Chicago § 4-264-040 Reserved. Editor's note – Coun. J. 5-9-12, p. 27485, § 132, repealed former § 4-264-040, which pertained to frontage consents.

Municipal Code of Chicago § 4-264-050 Recordkeeping.

4-264-050 Recordkeeping. (a) LeadsOnline electronic reporting – Required – Exception. At the time of each transaction, each licensee under this chapter shall enter into an accessible computer database, using the LeadsOnline electronic reporting form, an accurate description in English (i) every article of secondhand property received, purchased, sold or exchanged by the licensee; (ii) the date of the transaction; and (iii) the name and address of the purchaser or seller. Provided, however, that if the licensed business does not have internet access, the licensee shall seek permission and approval from the Superintendent of Police to use an alternative reporting system acceptable to the Superintendent. No entry made in such database or other approved reporting system shall be erased, obliterated or defaced. (b) (1) Description of secondhand property required. The description of each article of secondhand property, other than digital audio discs or digital video discs which shall be governed by Section 4-264-052, shall include the following information: the brand name; the model number, if available; any serial number or other identification number installed by the manufacturer; and a description of every other identifying marking, such as an inscription, a social security number, a name, a nickname or an address, appearing on the item. (2) Additional descriptive information – When required. In addition to the information required to be provided under subsections (a) and (b)(1) of this section, the description of secondhand watches, jewelry, cell phones and other wireless communication devices shall include the following information: (i) Watches. The description of each watch shall include: the brand name; model number, if available; a description of the metal or metals of its composition; a description of the band; a description of the face by number, color and cut, shape and type of stone or stones, if any; and a description of any inscriptions appearing on the watch. In addition, each watch shall be photographed in color. (ii) Jewelry. The description of each item of jewelry shall include: the type of jewelry; a description of the metal or metals of its composition; the weight of said metal or metals; the type, cut and shape of each stone; and a description of all inscriptions. Each ring shall also be identified by ring size. In addition, each item of jewelry shall be photographed in color. (iii) Cell phones and other wireless communication devices. The description of each cell phone or other wireless communication device shall include the Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) of the wireless communication device. (c) Description of seller – Required. The description of each person who sells an item of secondhand property to the licensee shall consist of the person's name, residence address, date of birth, social security number, weight, height and gender. If the person has no social security number, the licensee shall record this fact. (d) Identification of seller – Required. Every licensee shall require two forms of identification to be shown to the licensee by each person selling an article of secondhand property to the licensee. At least one of the two forms of identification must list the person's name, date of birth and residence address. Except as provided in subsection (e) of this section, at least one of the two forms of identification must be a photographic identification issued by a federal, state or local governmental entity. Forms of identification may include, but are not limited to, a state driver's license, a state identification card, a passport, a military identification card, a social security card, or a credit card or utility bill. (e) Photograph of customer by licensee – When required. If the customer does not have a photographic identification card issued by a federal, state or local governmental entity, the licensee shall photograph the customer. The photograph shall be in color. On the reverse side of the photograph, the licensee shall record the customer's name, residence address, date of birth, social security number, gender, height and weight. If the customer has no social security number, the licensee shall record this fact. Two forms of identification shall also be required. At least one of the two forms of identification shall include the person's name, date of birth and residence address. (f) Inspection of records. The records required under this section shall, at all times during the licensee's business hours, be open to inspection by the Commissioner, or any member of the police force, or any investigator of the Department of Business Affairs and Consumer Protection. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 10-1-03, p. 8865, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 9-8-10, p. 99259, § 2; Amend Coun. J. 5-9-12, p. 27485, § 133; Amend Coun. J. 7-30-14, p. 85719, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 15)

Municipal Code of Chicago § 4-264-051 Report to police.

4-264-051 Report to police. (a) It shall be the duty of every licensee under this chapter to prepare and deliver, using the LeadsOnline electronic reporting form, to a location or locations designated by the superintendent of police, every day, before the hour of 12:00 noon, a legible and correct copy of the information required under Section 4-264-050 of all secondhand property purchased during the preceding day, setting forth the hour the property was when received and a description of the person selling such secondhand property. Provided, however, that if the licensed business does not have internet access, the licensee shall seek permission and approval from the superintendent of police to use an alternative reporting system acceptable to the superintendent. (b) The photographs required under Section 4-264-050 shall be included in the records delivered to the superintendent of police. (Added Coun. J. 5-2-01, p. 58600, § 1; Amend Coun. J. 5-9-12, p. 27485, § 134)

Municipal Code of Chicago § 4-264-052 Record keeping requirements related to digital audio and video discs.

4-264-052 Record keeping requirements related to digital audio and video discs. (a) Every person requiring a license under this chapter shall prepare and maintain records concerning the receipt of digital audio discs and digital video discs in accordance with this section. Records shall be maintained in English, and either typed, written in ink or stored in an accessible computer database capable of being printed in English at the dealer's business location. The records shall be complete within 24 hours of each transaction in which the person requiring the license acquires one or more digital audio discs or digital video discs. The records shall include: date of transaction; the name, address and date of birth of the source of the disc or discs; the form of identification, and its identifying number, relied on in establishing the person's identity; the number of discs acquired in the transaction; and the amount paid. For purposes of this section, only those forms of identification described in subsection (d) of Section 4-264-050 of this chapter shall be accepted. (b) Records described in subsection (a) of this section shall, during the secondhand dealer's business hours, be open to inspection and copying by the Commissioner, any member of the police department and any investigator of the Department of Business Affairs and Consumer Protection. (c) Any person who violates any provision of this section shall be subject to a fine of not less than $200.00 and not more than $500.00 for each transaction requiring to be recorded. (Added Coun. J. 10-1-03, p. 8865, § 2; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 16)

Municipal Code of Chicago § 4-264-060 Use of unlicensed premises prohibited.

4-264-060 Use of unlicensed premises prohibited. 1. No secondhand dealer shall make use of any property, private or public, not included within the licensed premises, for the storage, handling or display of any secondhand article. 2. No secondhand dealer, their agent, or any other agency, organization or individual shall place or cause to be placed any unattended receptacle for the purpose of accepting donations of any kind on public or private property without the applicable permit. Any violation of this section or any rule or regulation promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-15-06, p. 92009, § 1; Amend Coun. J. 11-15-12, p. 42188, § 2)

Municipal Code of Chicago § 4-264-070 Disassembling, melting and rebuilding articles.

4-264-070 Disassembling, melting and rebuilding articles. (a) (1) No person requiring a license under this chapter shall sell, dispose of, or remove from the place of business any article of secondhand property for 30 calendar days after receipt of such article of secondhand property or take apart or melt any article of secondhand property or remodel or rebuild the same until such person shall have made a record of his intention to do so. Such record shall contain a description of such article of secondhand property and all other data required under this chapter to be recorded in the secondhand dealer's record of purchases, sales and exchanges. (2) In the case of jewelry, watches, other precious metals or precious stones, cell phones or other wireless communication devices, the record required under subsection (a)(1) of this section shall also contain a receipt, signed by the seller under the penalty of law, which (i) describes such article of secondhand property, including its weight in the case of jewelry, watches or other precious metals or precious stones, and its Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) in the case of cell phones or other wireless communication devices; and (ii) contains a statement indicating that the seller accepts the stated price received for said article of secondhand property; and (iii) contains a statement that the seller is of lawful age; that the driver's license number or other government-issued identification number and all other identifying information provided by the seller are true and correct; and that the seller is the lawful owner of the article of secondhand property with absolute authority to sell such article of property. (3) It shall be unlawful for any seller to submit false or fraudulent information on any receipt required under paragraph (2) this subsection (a) to be signed by such seller. (4) All articles of secondhand property received by any person requiring a license under this chapter shall be kept intact at such person's licensed place of business for inspection by authorized city officials for at least thirty calendar days after receipt of such article of secondhand property. Notwithstanding anything to the contrary in this section, a licensee may resell any used digital audio disc or any used digital video disc five days after acquiring it. (b) It shall be unlawful for any licensee under this chapter to advise or require any person selling or desiring to sell any watch or jewelry to such licensee to disassemble such watch or jewelry or to remove any precious stone or gem from such watch or jewelry or to make such disassembly or removal a condition of purchase of such watch or jewelry by the licensee. As used in this subsection (b), the term "licensee" means any person that holds or is required to hold a license under this Chapter 4-264 or any agent or employee thereof. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 8-30-00, p. 39783, § 1; Amend Coun. J. 10-1-03, p. 8865, § 3; Amend Coun. J. 9-8-10, p. 99259, § 3; Amend Coun. J. 7-30-14, p. 85719, § 6)

Municipal Code of Chicago § 4-264-075 Removal of identifying marks prohibited.

4-264-075 Removal of identifying marks prohibited. No licensee shall remove, alter or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an article of secondhand property that was purchased by the licensee until after the thirty-day holding period required by Section 4-264-070 has expired. In addition, no licensee shall purchase an article of secondhand property where the manufacturer's make, model, or serial number, personal identification number or identifying marks engraved or etched upon the article of secondhand property has been removed, altered or obliterated. (Amend Coun. J. 2-26-97, p. 40141 ; Amend Coun. J. 7-30-14, p. 85719, § 7)

Municipal Code of Chicago § 4-264-080 Public nuisance abatement.

4-264-080 Public nuisance abatement. It is hereby declared to be a public nuisance, and it shall be unlawful, for any secondhand dealer to permit any debris, rubbish, dirt or refuse to accumulate on his licensed premises or to permit any dense smoke, cinders, dust, gas or odor which shall be offensive or prejudicial to the health or dangerous to the life of any person to escape from his licensed premises. The fire commissioner shall take necessary action to abate such nuisance. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-18-16, p. 24131, § 19)

Municipal Code of Chicago § 4-264-090 Prohibited purchases.

4-264-090 Prohibited purchases. (a) No secondhand dealer shall purchase any article of secondhand property whatsoever from any minor without the written consent of a parent or legal guardian. Such consent must be signed in the presence of the licensee, who must include the consent in the daily record required under Section 4-264-050. (b) No secondhand dealer shall purchase any article of secondhand property from any person who appears intoxicated or under the influence of any drug. (c) (1) No secondhand dealer shall purchase any article of secondhand property from any person known to be a thief or to have been convicted of theft, burglary, robbery or armed robbery, and when any person is found to be the owner of stolen property which has been bought, such property shall be returned to the owner thereof without the payment of the amount paid by the secondhand dealer for the stolen property. (2) No secondhand dealer shall purchase any property which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the dealer as being stolen or represents to the dealer such circumstances as would reasonably induce the dealer to believe that the property was stolen. (d) No secondhand dealer shall purchase, take or receive from any person any catalytic converter that is not attached to a motor vehicle, or any portion of a dismantled catalytic converter that is reasonably identifiable as such. In addition to any other penalty provided by law, any person who violates this subsection (d) shall be fined not less than $1,000.00 nor more than $2,000.00 for each offense. (e) (1) No secondhand dealer shall purchase, take or receive from any person any cell phone whose make, model and serial number is entered into a stolen cell phone database. Before purchasing, taking or receiving from any person any cell phone, the secondhand dealer shall check the stolen cell phone database to verify that the cell phone is not a stolen or lost cell phone, and shall record, in an inventory log the date and time of such verification, the make, model and serial number of the cell phone, and a unique inventory number for each such cell phone. The licensee shall attach a sticker to the cell phone with the corresponding unique inventory number contained in the inventory log. The log and the sticker attached to the cell phone shall be made available at all reasonable times, as defined in Section 4-4-290 of this Code, to inspection by authorized personnel of the department or any member of the City's Department of Police. (2) A secondhand dealer shall issue to any person who purchases a secondhand cell phone from the licensee a receipt, in a form provided by the Commissioner, acknowledging that the cell phone is not identified, at the time of sale, in a stolen cell phone database as a stolen or lost cell phone. Such receipt shall include the date and time of such sale, and the make, model and serial number of the cell phone. (3) A secondhand dealer shall report, within a reasonable time, to the Chicago Department of Police any secondhand cell phone that is brought to the licensee for sale, and whose make, model and serial number is identified in a stolen cell phone database. Upon request, such dealer shall surrender such cell phone to any member of the City's Department of Police, if the dealer is in possession of the cell phone. (f) No secondhand dealer shall purchase, take or receive from any person any air bag that is not attached to a motor vehicle, or any portion of a dismantled air bag that is reasonably identifiable as such. In addition to any other penalty provided by law, any person who violates this subsection (f) shall be fined not less than $2,000.00 nor more than $4,000.00 for each offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 5-6-15, p. 108540, § 3; Amend Coun. J. 9-6-17, p. 54980, § 2; Amend Coun. J. 6-17-26, p. 45172, § 6)

Municipal Code of Chicago § 4-264-100 Prohibited businesses.

4-264-100 Prohibited businesses. At any premises for which a license has been issued under this chapter, the secondhand dealer licensee shall not be eligible to receive at that licensed premises a license for, or carry on the business of, the following: (a) a pawnbroker; (b) a keeper of a junk facility; or (c) a weapons dealer under chapter 4-144. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 6-25-14, p. 83727, § 7)

Municipal Code of Chicago § 4-264-101 Repurchase agreements prohibited.

4-264-101 Repurchase agreements prohibited. No secondhand dealer shall enter into any oral or written agreement or understanding with the seller of an item of merchandise, whereby the seller receives or retains a right to repurchase the item that is superior to the right of any other person willing to purchase such item. (Amend Coun. J. 2-26-97, p. 40141)

Municipal Code of Chicago § 4-264-110 Hours of business.

4-264-110 Hours of business. No such licensee shall buy any secondhand article or thing, before the hour of 6:00 a.m. or after the hour of 9:00 p.m. (Amend Coun. J. 2-26-97, p. 40141)

Municipal Code of Chicago § 4-264-150 Children's products.

4-264-150 Children's products. (a) Every licensee engaged in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring any children's product shall obtain and maintain on file in paper form in the licensed premises the recall notifications issued over the preceding nine-year period by the United States Consumer Product Safety Commission. (b) No secondhand dealer shall purchase, sell, receive, trade, place on consignment or otherwise transfer any children's product that does not contain the manufacturer's original label, tag or other identification; provided that this requirement shall not apply if the secondhand dealer has documentation or photographic evidence which establishes the identity of the product manufacturer. The commissioner of business affairs and consumer protection may promulgate rules and regulations identifying the types of documentation or photographic evidence that may be used to establish a manufacturer's identity under this subsection. (Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

Municipal Code of Chicago § 4-264-160 Automated recycling kiosks.

4-264-160 Automated recycling kiosks. (a) Automated recycling kiosks shall: (i) be installed within a secure retail space; (ii) purchase secondhand wireless communications devices for the purpose of recycling or refurbishment; (iii) not resell the secondhand wireless communications devices at the licensed place of business; (iv) remotely monitor all transactions by a live representative during all business operating hours; (v) obtain at least two forms of identification from each seller, at least one of which is a government-issued photographic identification card used to verify the seller's identity; (vi) for each functioning wireless communication device purchased, compare serial numbers of wireless communication devices against a stolen cell phone database and shall not purchase such device if it is identified in a stolen cell phone database; (vii) prepare and deliver, using the LeadsOnline electronic reporting form, to a location or locations designated by the superintendent of police, reports of all transactions, to include images taken of the transaction; (viii) retain possession of the secondhand wireless communications devices for 30 calendar days after receipt of such devices; (ix) upon request, surrender any secondhand wireless communications device to any member of the City's Department of Police, if in possession of the device, at no cost to the City's Department of Police; and (x) in addition to any reporting requirements established under this section, issue a monthly report to the commissioner of business affairs and consumer protection on the number of wireless communication devices identified as lost or stolen at each an automated recycling kiosk. It shall be the responsibility of any automated recycling kiosk licensee to comply with the requirements of this subsection. (b) Except as set forth in subsection (a) of this section, and Sections 4-264-005, 4-264-010, 4-264-020, 4-264-030, 4-264-225 and 4-264-230 of this Code, nothing in this chapter shall apply to automated recycling kiosks. (Added Coun. J. 9-6-17, p. 54980, § 2)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2636314Fetched: 10/24/2026