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]
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.
[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.