[HISTORY: Derived from Articles IV and XI of Chapter 11 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any person, partnership or corporation: loaning money on deposit or pledge of personal property, other than securities or printed evidences of indebtedness; or dealing in the purchasing of personal property on condition of selling back at a stipulated price; or designated or doing business as furniture storage warehousemen, and loaning and advancing money upon goods, wares or merchandise pledged or deposited as collateral security.
No person, corporation, partnership or firm shall hereafter carry on the business of pawnbroker, without having first obtained from the City Clerk where the business is to be carried on a license authorizing such person to carry on the same in the manner and upon the conditions stated in the succeeding sections of this chapter.
Filing, contents. Every person desiring to procure a license, as herein provided, shall file with the City Clerk a written application upon a blank form prepared and furnished by the city. Such application shall contain:
The name and residence of the applicant, if an individual, partnership or firm, or the names and residences of the principal officers if the applicant is an association or corporation.
The length of time such applicant or applicants, if an individual, partnership or firm or the manager or person in charge, if the applicant is a firm, partnership, corporation or association, has or have resided in the city, his or their places of previous employment or business, whether married or single, whether he or they have ever been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
The premises where such business is to be located or carried on, giving street and number.
Whether the applicant or applicants or manager had, either alone or with someone else, ever engaged in the business of pawnbroker.
Execution. Such application shall be signed and acknowledged before a notary public or other official authorized to administer oaths in the city.
Pursuant to § 41 of the General Business Law, such application shall be accompanied by a bond to the city, approved as to form by the City Attorney, in the penal sum of $10,000 with sufficient surety or sureties or sufficient collateral security, conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed, the due observance during the term of the license of any and all ordinances and laws which are now in force or may hereafter be adopted or enacted respecting the business of pawnbroker as defined herein, and the accounting for any paying over of all moneys which he shall be liable to pay as such pawnbroker to the city or to any person.
Upon filing with the City Clerk an application and a bond properly approved as provided for herein, together with the annual fee as shall be set by resolution from time to time by the Common Council of the City of Oneonta for the first year's license, the City Clerk shall act on such application and approve or disapprove of the same. No application shall be refused, except for just cause and for the protection of public safety, health or good order and morals. The City Clerk shall state the grounds for such refusal, in writing, and mail the same, together with the fee, back to the applicant.
Every pawnbroker shall keep books, deliver memorandums and permit inspections and shall not charge rates of interest in excess of those permitted under Article 5 of the General Business Law of the State of New York.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.