Municipal Code of Chicago § 4-6-140 Secondhand dealer exclusively in children's clothing and children's products.
4-6-140 Secondhand dealer exclusively in children's clothing and children's products.
(a) Definitions. As used in this section:
"Children's clothing" means any item of apparel for use by children under eight years of age.
"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.
"Deal" or "transaction" means to purchase, sell, receive, trade, place on consignment or otherwise transfer children's clothing or children's products.
"Secondhand dealer" means any person who engages exclusively in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any children's clothing or children's product or combination thereof.
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a license to engage in the business of secondhand dealer in children's clothing and children's products shall be accompanied by the following information:
(1) an affidavit, signed by the applicant or licensee, as applicable, stating that such applicant or licensee will deal exclusively in children's clothing and/or children's products at the location identified in the license application.
(c) Legal duties. Each licensee engaged in the business of secondhand dealer in children's clothing and children's products shall have a duty to:
(1) obtain and maintain on file on the licensed premises, in paper form, all recall notifications issued over the preceding nine-year period by the United States Consumer Product Safety Commission or its successor organization;
(2) make and maintain complete and accurate records, which may include an accessible computer database capable of being printed at the licensee's business location, of every article of secondhand clothing and every children's product that is the subject of a deal or transaction as defined in subsection (a) of this section. The records required under this subsection (c)(2) shall be (i) in English; (ii) typed or printed in ink, which may include a computer printout; and (iii) made at the time the deal or transaction occurs; and (iv) upon request by any city official, made available for inspection by such city official during the licensee's regular business hours.
(3) if any property that is the subject of a deal or transaction is determined by the superintendent of police to be stolen property, return such stolen property, free of charge, to its lawful owner.
(d) Prohibited acts. It shall be unlawful for any person engaged in the business of secondhand dealer in children's clothing and children's products to:
(1) use any property, whether private or public, that is not included within the licensed premises to store, handle or display any secondhand article of children's clothing or children's product;
(2) place, or to cause to be placed by any agent, agency, organization or natural person, any unattended receptacle for the purpose of accepting donations of any kind on public or private property without the specific written consent of the alderman of the ward in which the receptacle is placed. In addition to any other penalty provided by law, any person who violates any requirement of this subsection shall be subject to a fine of up to $500.00 per day for up to five calendar days, at which time the illegally placed receptacle may be confiscated and disposed of by the department of streets and sanitation, under the direction of the ward superintendent, who is also authorized to issue tickets to the offending agency or individual;
(3) purchase any article of children's clothing or any children's product from any minor without the written consent of such minor's parent or legal guardian. Any such written consent shall be signed in the presence of the licensee or the licensee's agent;
(4) purchase any article of children's clothing or any children's product from any person who (i) appears to be intoxicated or under the influence of any drug; or (ii) is known by the licensee to be a thief or to have been convicted of burglary or theft;
(5) purchase, sell, receive, trade, place on consignment or otherwise transfer any secondhand article of children's clothing or any children's product before the hour of 6:00 a.m. or after the hour of 9:00 p.m.;
(6) 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, however, that this requirement shall not apply if the licensee has documentation or photographic evidence establishing the identity of the product manufacturer;
(7) erase, obliterate or deface any record required under subsection (c)(2) of this section.
(e) Penalty. In addition to any other penalty provided by law, any person who violates any requirement set forth in subsections (c)(1), (c)(2), (d)(3) or (d)(5) of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. Any violation of this section or any rule or regulation promulgated thereunder on two different days within any 12-month period may result in license suspension or revocation in accordance with the requirements set forth in Section 4-4-280.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 60)