[HISTORY: Adopted by the City Council of the City of Canandaigua 10-16-1997 by Ord. No. 97-21 as Chs. 2.16 and 2.24 of the 1997 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 411.
Junkyards — See Ch. 450.
Peddling and soliciting — See Ch. 538.
As used in this chapter, the following terms shall have the meanings indicated:
JUNK DEALER
Any person engaged in the business, retail or wholesale, or both, of buying, selling and trading in old metals, machinery, parts, paper, clothing, glass and other worn-out or unusable material, except primarily for salvage, as well as the definition contained in § 60 of the General Business Law.
[Added 6-5-2014 by Ord. No. 2014-005]
PAWNBROKER
Includes any person, partnership, or corporation:
A. 
Collateral loan broker as per General Business Law § 41; or
[Added 5-3-2007 by L.L. No. 1-2007]
B. 
Loaning money on deposit or pledge of personal property, other than securities or printed evidences of indebtedness; or
C. 
Dealing in the purchasing of personal property on condition of selling back at a stipulated price; or
D. 
Designated or doing business as furniture storage warehousemen, and loaning and advancing money upon goods, wares or merchandise pledged or deposited as collateral security.
SECONDHAND BUSINESS
Any person or entity which performs the actions as defined in this chapter as a "junk dealer," a "pawnbroker," and/or a "secondhand dealer."
[Added 6-5-2014 by Ord. No. 2014-005]
SECONDHAND DEALER
Any person engaged in the business, retail or wholesale, or both, of buying, selling and trading in used furniture, appliances, tools, household furnishings, clothing and other personal items used about the home or place of residence and primarily intended for resale and reuse of the same in the same manner and for the same purpose that such items were originally manufactured. Any business that buys and/or sells any precious metals, coins, jewelry or collectibles shall be considered a secondhand dealer.
[Added 6-5-2014 by Ord. No. 2014-005]
[Amended 6-5-2014 by Ord. No. 2014-005]
A. 
No person shall conduct in the City a business generally known as a secondhand business without first having obtained from the City Clerk/Treasurer's Office a license authorizing him to conduct such business. All licenses granted to a secondhand business hereunder shall expire on the 31st day of January next after the granting thereof. The person to whom a license is granted hereunder shall pay to the City a fee set by resolution of the City Council, which fee is hereby fixed as the license fee to be paid for all licenses granted hereunder. The City Manager may revoke or suspend a secondhand business license for cause.
B. 
Every such licensed pawnbroker shall be subject to all the restrictions and shall conduct his pawnbroker business in the same manner as provided by Article 5 of the General Business Law.
C. 
All junk dealers doing business in the City of Canandaigua shall comply with all the provisions of Article 6 of the General Business Law, and for all violations thereof shall be subject to the same penalties, fines or other punishment imposed by § 64 of said article.
D. 
Exemptions.
(1) 
Art dealerships, music stores, not-for-profits and secondhand clothing businesses are exempt from licensing fees and all reporting requirements set forth in this chapter.
(2) 
Jewelry stores, whose primary business is the sale of jewelry, precious metal, and gems, which have not been purchased secondhand or acquired on consignment, and that have been in continuous operation in the City of Canandaigua for at least five years shall only be subject to the reporting requirements of this chapter. Such qualified jewelry stores shall not be required to obtain a license in order to continue operations.
[Amended 6-5-2014 by Ord. No. 2014-005]
The City Clerk/Treasurer's Office shall issue under the official seal of the City to such persons who shall produce satisfactory evidence of their good character a license authorizing such person to carry on the secondhand business, which license shall designate the place in which such person shall carry on said business.
[Amended 6-5-2014 by Ord. No. 2014-005]
No person shall carry on a secondhand business without being duly licensed as aforesaid, nor in any place other than the one designated in such license.
[Amended 6-5-2014 by Ord. No. 2014-005]
Any person receiving such a license shall pay to the City a fee set by resolution of the City Council, which is hereby fixed as the license fee for each of such licenses as may be granted hereunder.
[Amended 5-3-2007 by L.L. No. 1-2007]
Before any license hereunder shall be issued, the person to whom the same is granted shall file with the Clerk/Treasurer a bond to the City of Canandaigua to be executed by such licensee and two responsible sureties, or a surety company, in the penal sum of $10,000 and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed under the laws of New York State and the ordinances of the City. Before the granting of such license, said bond shall be approved by the Corporation Counsel as to form and sufficiency of sureties. The City Manager shall have full power to revoke for cause any license granted hereunder.
[Amended 6-5-2014 by Ord. No. 2014-005]
If any person shall be aggrieved by the misconduct of any such licensed secondhand business, he may maintain an action in his own name upon the bond of such licensed secondhand business, upon the conditions and in the manner provided by the General Business Law of the State of New York.
[Amended 11-5-2009 by Ord. No. 2009-014; 6-5-2014 by Ord. No. 2014-005[1]]
A. 
Every secondhand business on purchasing or receiving any article or property, including donated items, or bearing any device, name, initial or initials indicating any prior owner other than the manufacturer, or from which article or property it appears that any such device, name, initial or initials have been removed, obliterated or effaced, shall:
(1) 
Immediately complete a form documenting the details of the transaction. The form shall be promulgated by the Chief of Police and provided to all secondhand businesses.
(2) 
Secondhand businesses are further required to enter the required information into www.leadsonline.com, which is utilized by the City for on-line reporting requirements.
B. 
Secondhand dealers shall not be required, however, to keep such record of articles purchased by them at private bona fide auction sales.
C. 
No engine, automobile, articles of jewelry, or silverware, or any precious metals including currency, coins, stamps or any item with a fair market value of $250 or more, so purchased or received by any secondhand business shall be altered, broken up, taken apart, defaced, sold or otherwise disposed of within five days from the day it was so purchased or received by them, excepting that such articles or property may be disposed of within said period of five days, provided such secondhand business shall have secured permission to do so from the Chief of Police or other officer in charge at police headquarters.
D. 
No secondhand business shall receive, purchase, or take any goods in pledge from any person who shall appear to be, or who shall be known to such secondhand business to be under the age of 18 years or intoxicated or an habitual drunkard; nor shall such secondhand business employ any clerk or other person under the age of 16 years to take any goods in pledge.
E. 
Every secondhand business, excluding not-for-profit corporations, that receives donated items, shall post his or her secondhand business license in a conspicuous location in his or her place of business.
[1]
Editor's Note: This local law also repealed former § 527-8, Duties of pawnbrokers, as amended, § 527-9, Junk dealers, and § 527-10, Secondhand dealers; licenses and fees, and redesignated former §§ 527-11 and 527-12 as §§ 527-8 and 527-9, respectively.  
[Amended 5-3-2007 by L.L. No. 1-2007]
Any person who shall violate any of the provisions of this chapter shall, upon conviction, and in addition to any other penalties or procedures otherwise prescribed by law, be punishable by a fine not exceeding $250 or imprisonment in the County Jail of Ontario County for not more than 15 days, or both such fine and imprisonment. Each day on which any such violation continues shall constitute a separate offense.