Amending Chapter 4 - to revise provisions for the licensing of precious metals dealers and secondhand stores

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(h) Penalty. Any violation of the provisions of this section shall be deemed an offense and, upon conviction, the offender shall be fined not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00). Each violation shall constitute a separate offense and be punishable as such. SECTION II. Chapter 4, Article 4, Section 4-53, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4-53. Secondhand stores. (a) Definition. Any person who keeps or maintains a business for the purchase or sale of secondhand clothing, secondhand furniture or secondhand goods, wares or merchandise of any kind, shall be considered as operating a secondhand store. However, this definition does not include businesses exclusively engaged in the sale of used automobiles. (b) License required. No person shall engage in the business of a secondhand store without first obtaining a license as required by this section. (c) Application. Any person desiring to operate a secondhand store shall file an application stating the following with the City Controller. (1) Name, address and telephone number of the applicant. (2) Name, address and telephone number of the secondhand store. (3) Types of materials to be sold. The application shall be referred to the Police Department for review and recommendation and to the City Controller. The Police Department shall conduct an investigation of each applicant and make a recommendation to the Controller as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likelihood that granting the application will endanger the health, safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any, and 5