Sponsor
Alderman Helding
Title
ORDINANCE NO. 1-07
To repeal and recreate Article XXV. Pawnbrokers and Secondhand Dealers of the Municipal Code of the City of Racine, WI.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Article XXV Pawnbrokers and Secondhand Dealers of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows:
"ARTICLE XXV. PAWNBROKERS AND SECONDHAND DEALERS
Sec. 22-891. Purpose.
The city council finds that use of services provided by pawnbrokers and secondhand dealers provides an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer property stolen by others easily and quickly. The city council also finds that consumer protection regulation is warranted in transactions involving such businesses. The purpose of this chapter is to prevent those businesses from being used as facilities for the commission of crimes, and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city.
To help the police department better regulate current and future pawnbroker and
secondhand dealer businesses, decrease and stabilize costs associated with the regulation of the industry, and increase identification of criminal activities in the industry through the timely collection and sharing of transaction information, this chapter also implements and establishes the required use of an entity engaged in the business of providing a collective, searchable database of pawn transactions that is mutually agreeable to the Police Chief and the Public Safety and Licensing Committee.
Sec. 22-892. License Required.
(a) Except as provided in Subsections (b) and (c) below, no person shall carry
on or operate within the City of Racine a business as a pawnbroker or a business for the purchase or sale of secondhand articles or jewelry without first having obtained a license therefore as hereinafter provided.
(b) A person, other than a pawnbroker or secondhand jewelry dealer, who operates as a secondhand article dealer only on premises or land owned by a person having a secondhand article dealer mall or flea market license under Section 22-893 need not obtain a secondhand article dealer's license.
(c) A person possessing a valid secondhand article dealer license or a valid
secondhand jewelry dealer license issued by a county or another municipality of the State of Wisconsin under Sec. 134.71 of the Wisconsin Statutes or an ordinance adopted pursuant thereto may operate a business in the City of Racine as a secondhand article dealer or a secondhand jewelry dealer respectively without obtaining a license hereunder. This subsection is not intended to exempt such person from otherwise complying with the provisions of Article XXV relating to secondhand dealers.
Sec. 22-893. Secondhand article dealer mall or flea market.
(a) The owner of any premises of land upon which two or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or flea market license for the premises or land if the following conditions are met:
(1) Each secondhand article dealer occupies a separate sales location and identifies himself to the public as a separate secondhand article dealer.
(2) The secondhand article dealer mall or flea market is operated under one name and at one address, and is under the control of the secondhand article dealer mall or flea market license holder, and is zoned appropriately.
(3) All sales are completed at a central location under the control of the secondhand article dealer mall or flea market license holder, who maintains a record of all sales.
(b) The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or hand licensed under this section shall comply with all other license requirements in Article XXV.
Sec. 22-894. Statutory Definitions Adopted.
All definitions listed in Wis. Stats. §134.71 are hereby adopted by reference and incorporated in this article as though fully set out in this section. In addition to the statutory definition of "article," the following items are also intended to be included:
(a) audiotapes, compact discs, laser discs, records, videotapes, digital video
discs or other similar audio or audio-visual recording devices;
(b) firearms;
(c) tools;
(d) books.
In addition to other terms defined in §134.71, Wis. Stats., the following words, terms, phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Article means any item of value.
Billable transaction means every reportable transaction conducted by a pawnbroker except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession, voided transactions, and confiscations.
Charitable organization means a corporation, trust, or community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
Customer means a person with whom a pawnbroker, or an agent thereof, engages in a transaction of purchase, sale, receipt, or exchange of any secondhand article.
Reportable transaction means every transaction conducted by a pawnbroker or secondhand article or jewelry dealer in which an article or articles are received through a pawn, purchase, consignment, or trade, or in which a pawn is renewed, extended, voided, or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software, or an item is confiscated by law enforcement, is reportable except:
(1) The bulk purchase or consignment of new or used articles from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said articles, provided the pawnbroker must maintain a record of such purchase or consignment that describes each item, and must mark each item in a manner that relates it to that transaction record.
(2) Retail and wholesale sales of articles originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired.
Secondhand means owned by any person, except a wholesaler, retailer, or licensed secondhand article dealer immediately before the transaction at hand.
Display of license. Each license issued under this chapter shall be displayed in a conspicuous place visible to anyone entering a licensed premise.
Pawnbroker means any person who engages in the business of lending money on the deposit or pledge of any article or purchasing any article with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price. To the extent that a pawnbroker's business includes buying personal property previously used, rented, leased, or selling it on consignment, the provisions of this chapter shall be applicable. A person is not acting as a pawnbroker when engaging in any of the following:
(1) A transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show, or a convention.
(2) Any transaction entered into by a person engaged in the business of junk collector, junk dealer, or scrap processor, as described in s. 70.995(2)(x), Wis. Stats.
(3) Any transaction while operating as a charitable organization or conducting a sale, the proceeds of which are donated to a charitable organization.
(4) Any transaction between a buyer of a new article and the person who sold the article when new that involves any of the following:
a. The return of the article
b. The exchange of the article for a different, new article.
(5) Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.
(6) Any transaction as a seller of a secondhand article that the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.
Sec. 22-895. Application, Fees and Investigation of Applicant.
1. Application.
Written applications for licenses under this section for specific premises, together with the applicable license fees, shall be filed with the City Clerk for presentation to the Common Council at any regular or special meeting thereof. The Clerk shall file a copy of such application with the Police Department forthwith. Licenses issued under this section shall not be transferable.
(a) The application shall state the following:
1. The applicant's name, place and date of birth and residence address.
2. The names and addresses of the business and of the owner of the business premises.
3. A statement as to whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding 5 years of a misdemeanor, statutory violation punishable by forfeiture or county or misdemeanor or other offense substantially relate to the circumstances of the licenses activity and, if so, the nature and date of the offense and the penalty assesses.
4. Whether the applicant is a natural person, corporation or partnership, and:
a. If the applicant is a corporation, the state where incorporated and the names and addresses of all officers and directors.
b. If the applicant is a partnership, the names and addresses of all partners.
5. The name of the manager or proprietor of the business.
6. Any other information that he City Clerk may reasonably require.
2. Fees.
The license fees under this section are as follows:
1. The fee for a secondhand article dealer license shall be sixty-two dollars and fifty cents ($62.50) per year excepting secondhand article dealers who operate a business for buying, selling, exchanging or receiving into possession used or secondhand bicycles and used for secondhand parts of bicycles for which the license fee shall be twenty-seven dollars and fifty cents ($27.50) per year.
2. The fee for a pawnbroker's license is two-hundred ten dollars ($210.00).
3. The fee for a secondhand jewelry dealer's license is sixty-two dollars and fifty cents ($62.50).
4. The license fee for a secondhand dealer mall or flea market license shall be one hundred sixty-five dollars ($165.00) per year. A special event secondhand dealer mall or flea market license shall be fifty dollars ($50.00) for a period of no more than three (3) consecutive days.
5. A billable transaction license fee of $1.00 which reflects the cost of processing transactions and other related regulatory expenses as determined by the city council, and shall be reviewed and adjusted, if necessary, annually. Licensees shall be notified in writing thirty (30) days before any adjustment is implemented.
6. Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation of this chapter.
7. The applicant for a pawnbroker license must provide to the city clerk a bond of $2,500.00 with not less than 2 sureties for the observation of all municipal ordinances or state or federal laws relating to pawnbrokers. The bond must be in full force and effect at all times during the term of the license.
8. The license application fee shall be paid in full before the application for a licensee shall be accepted. Upon rejection of any application for a license or upon withdrawal of any application the license fee shall be refunded in full to the applicant except where rejection is for a willful misstatement in their licensing application.
9. The municipality shall establish an investigation fee, which shall be separate from any application fee. The fee shall cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this Ordinance.
10. Any falsification of a license application shall result in the denial of a license.
11. A separate license shall be obtained for each individual premise from which the business is operated.
12. Annual licenses shall expire on the thirty-first (31st) day of December after the granting thereof. Renewal licenses shall be obtained on or before December 31 of each year or be subject to a late filing fee of fifteen percent (15%) of the license fee or a minimum of three dollars ($3.00), whichever is greater. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license.
3. Investigation of License Applicant.
Before any license is issued under the provisions of this section, an investigation of the character of the applicant and its members, officers and employees shall be made by the Police Department and a written report filed with the City Clerk and made a part of the application. This investigation shall include fingerprinting of the applicant and all employees who are directly involved in the receipt of secondhand articles or jewelry from customers as well as a determination by the Police Department whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding 5 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under subdivision (3)(a)3. herein and, if so, the nature and date of the offense and the penalty assessed. Where the applicant is a corporation or partnership, this provision shall apply to all its officers and each general partner respectively.
Sec. 22-896. License Issuance.
1. The Common Council shall grant the license if all of the following apply:
(a) The applicant, including an individual, a partner or an officer, director or agent of any corporate applicant, has not been convicted within the preceding 10 years of a felony or within the preceding 5 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor or other offense substantially relate to the circumstances of being a secondhand article dealer, secondhand jewelry dealer or pawnbroker.
(b) With respect to an applicant, all or any part of whose secondhand dealer business involves transactions as a pawnbroker, the applicant provides to the City Clerk a bond of $500.00, with not less than two sureties, for the observation of all municipal ordinances relating to secondhand dealers and pawnbrokers.
(c) The appropriate license fee for each individual premise has been paid.
Sec. 22-897. Restrictions and Requirements.
1. Identification
No secondhand article dealer, secondhand jewelry dealer or pawnbroker may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer without first securing adequate identification from the customer. Adequate identification shall include a detailed identification of the customer by obtaining a physical description of the person and shall also include the subject's driver's license number, Social Security number or Wisconsin Identification number. At the time of the transaction, the dealer shall require the customer to present one of the following types of identification:
a. A county identification card
b. A state identification card
c. A valid Wisconsin motor vehicle operator's license
d. A valid motor vehicle operator's license, containing a picture issued by another state
e. A military identification card
f. A valid passport
g. An alien registration card
h. A senior citizen's identification card containing a photograph
i. Any identification document issued by a state or federal government, whether or not containing a picture, if the pawnbroker, secondhand dealer or secondhand jewelry dealer obtains a clear imprint of the customer's right index finger.
Sec. 22-898. Records required.
(a) At the time of any reportable transaction other than renewals, extensions, redemptions or confiscations, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the police department.
(1) A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item.
(2) The purchase price, amount of money loaned upon, or pledged therefore.
(3) The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges.
(4) Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records.
(5) Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair.
(6) The identification number and state of issue from any of the following forms of identification of the seller:
a. Current valid Wisconsin driver's license
b. Current valid Wisconsin identification card
c. Current valid photo identification card issued by another state or province of Canada
(7) The signature of the person identified in the transaction.
(8) Effective sixty (60) days from the date of notification by the police department of acceptable video standards the licensee must also take a color photograph or color video recording of:
a. Each customer involved in a billable transaction.
b. Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.
If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police, or the chief's designee, upon request. The major portion of the photograph must include an identifiable facial image of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must focus on the person pawning or selling the item so as to include an identifiable image of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months.
(9) Digitized photographs. Effective sixty (60) days from the date of notification by the police department licensees must fulfill the color photograph requirements in section 22-898 (8) by submitting them as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not altar or amend the requirements in subdivision (8).
(10) Renewals, extensions, redemptions and confiscations. For renewals, extensions, redemptions and confiscations the licensee shall provide the original transaction identifier.
(11) Inspection of records. The records must at all reasonable times be open to inspection by the police department. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of ninety (90) days.
Sec. 22-899. Daily reports to police.
(a) Effective no later than sixty (60) days after the police department provides licensees with the current version of software standards hereinafter described, licensees must submit every reportable transaction to the police department daily in the following manner:
(1) Licensees must provide to the police department all reportable transaction information by transferring it from their computer to an entity engaged in the business of providing a collective, searchable database of pawn transactions that is mutually agreeable to the Police Chief and the Public Safety and Licensing Committee electronically, using the current software standards required by said entity. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority. Any transaction that does not meet the daily reporting requirements must be corrected and resubmitted the next business day. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs patrons that all transactions are reported to the police department daily.
(b) Billable transaction fees. Licensees will be charged for each billable transaction reported to the police department.
(1) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the police department, upon request, printed copies of all reportable transactions along with the video tape(s) for that date, by noon the next business day.
(2) If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as detailed in section 22-899 (b)(1), and shall be charged $10.00 reporting failure penalty, daily, until the error is corrected.
(3) If the problem is determined to be outside the licensee's system, the licensee must continue to provide the required reports in sec. 22-899 (b)(1), and resubmit all such transactions via modem when the error is corrected.
(4) If a licensee is unable to capture, digitize or transmit the photographs required in sec. 22-898 (9), the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the police department upon request.
(5) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.
(6) Section 22-899 (b)(1) through (3) notwithstanding, the police department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.
Sec. 22-900. Receipt Required.
(a) Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information:
(1) The name, address and telephone number of the licensed business.
(2) The date and time the item was received by the licensee.
(3) Whether the item was pawned or sold, or the nature of the transaction.
(4) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item.
(5) The signature or unique identifier of the licensee or employee that conducted the transaction.
(6) The amount advanced or paid.
(7) In the case of a pawnbroker, the monthly and annual interest rates, including all pawn fees and charges.
(8) In the case of a pawnbroker, the last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date.
(9) The full name, current residence address, current residence telephone number, and date of birth of the pledger or seller.
(10) The identification number and state of issue from any of the following forms of identification of the seller:
a. Current valid Wisconsin driver's license.
b. Current valid Wisconsin identification card.
c. Current valid photo driver's license or identification card issued by another state or province of Canada.
(11) Description of the pledger or seller including approximate sex, height, weight, race, color of eyes and color of hair.
(12) The signature of the pledger or seller.
Sec. 22-901. Redemption period.
(a) In the case of a pawnbroker, any person pledging, pawning or depositing an item for security must have a minimum of sixty (60) days from the date of the transaction to redeem the item before it may be forfeited and sold. During the sixty (60) day holding period, items may not be removed from the licensed location except as provided in Sec. 22-898. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued to, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the chief of police, or chief's designee. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with Sec. 22-898.
(b) An individual may redeem an item seventy-two (72) hours after the item was received on deposit, excluding Sundays and legal holidays.
Sec. 22-902. Holding period.
(a) Holding Period.
(1) Any secondhand article purchased or received by a secondhand dealer, secondhand jewelry dealer or pawnbroker shall be kept on the premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article redeems it.
(2) During the period set forth in subsection (a) 1., the secondhand article shall be held separate from saleable inventory and may not be altered in any manner. The secondhand dealer, secondhand jewelry dealer or pawnbroker shall permit any law enforcement officer to inspect the secondhand article during this period. Within 24 hours after a request of a law enforcement officer during this period, the licensee shall make available for inspection any secondhand article which is kept off the premises for safekeeping.
Sec. 22-903. Police order to hold property.
(a) Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to sec. 22-903 (c), whichever comes first.
(b) Order to hold. Whenever the chief of police, or the chief's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the chief's designee. The order to hold shall expire ninety (90) days from the date it is placed unless the chief of police or the chief's designee determines the hold is still necessary and notifies the licensee in writing.
(c) Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the chief or chief's designee may:
(1) Physical confiscate and remove it from the shop, pursuant to a written order from the chief or the chief's designee; or
(2) Place the item on hold or extend the hold as provided in sec. 22-903 (b), and leave it in the shop.
(d) When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation.
(e) When an order to hold/confiscate is no longer necessary, the chief of police or chief's designee shall so notify the licensee.
Sec. 22-904. Inspection of items.
At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in sec. 22-909, during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws.
Sec. 22-905. Label required.
Licenses must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used.
Sec. 22-906. Prohibited acts.
(a) No person under the age of 18 years may pawn or sell or attempt to pawn or sell goods with any pawnbroker, nor may any pawnbroker receive any goods from a person under the age of 18 years, except as permitted by A. 1.
(1) A pawnbroker may engage in a transaction described under subsection A.
if the minor is accompanied by his or her parent or guardian at the time of the
transaction and the parent or guardian signs the transaction form and provides identification as required by this section.
(b) No licensee may receive any goods from a person of unsound mind or any intoxicated person.
(c) No licensee may receive any goods, unless the seller presents identification in the form of a valid driver's license, a valid State of Wisconsin identification card, or current valid photo driver's license or identification card issued by the state or providence of residency of the person for whom the item was received.
(d) No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed.
(e) No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own, nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another has a security interest; with any licensee.
(f) No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another, to any licensee.
Sec. 22-907. License denial, suspension, or revocation.
(a) The city council may deny, suspend, or revoke any license issued by it under this section for fraud, misrepresentation, or false statement contained in the application for a license, or for any violation of this chapter or ss. 134.71, 943.34, 948.61 or 948.63, Wis. Stats., or for any other violation of local, state, or deferral law substantially related to the businesses licensed under this chapter.
(b) The city council may deny, suspend, or revoke any license issued by it under this section if the applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background of financial investigation due to unavailability of information.
Sec. 22-908. Hours of operation for pawnbroker and second hand dealer business.
(a) Intent and Purpose. It is the purpose of this ordinance to regulate the hours of operation of all pawnbroker and secondhand dealer businesses. Such businesses, like other financial businesses, do not provide services that must be available at hours other than normal business hours. This ordinance is deemed for the benefit of the health, safety and welfare of the public.
(b) Hours of Operation. No pawnbroker or secondhand dealer business may be open between the hours of 9:00 p.m. and 6:00 a.m.
Sec. 22-909. Business at only one place.
A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the chief of police, or chief's designee, may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with Section 22-904. All provisions of this chapter regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the city code. The licensee must either own the building in which the business is conducted, and any approved off-site storage facility, or have a lease on the business premise that extends for more than six (6) months.
Sec. 22-910. Penalty for violation of article.
(a) Upon conviction for a first offense under this article, a person shall forfeit not less than $50.00 nor more than $1,000.00. Upon conviction for a second or subsequent offense under this article, a person shall forfeit not less than $500.00 nor more than $2,000.00.
(b) Each violation of this article and each day a violation continues or occurs shall constitute a separate offense. The monetary penalties prescribed by this section shall not preclude the denial or revocation of a license required under this article to do business.
Sec. 22-911. Severability
Should any section, subsection, clause or other provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part other than the part so declared in Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
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Approved: ______________________
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Mayor
Attest:
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City Clerk
Fiscal Note: N/A