[HISTORY: Derived from Art. XIII of Ch. V of the Charter
and Ordinances, 1974, of the City of Buffalo. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any dealer, 80% of whose inventory on a yearly basis consists
of any painting, furniture, china or other object painted or made
more than 50 years prior to the date of sale which is valuable primarily
by reasons of age, scarcity, historical association or the skill and
craftsmanship of the artists and artisans.
Any person, firm, partnership, corporation, association or
other entity and any principal, employee, agent or servant thereof
engaged in or conducting business for the purchase, sale, barter,
exchange or pawn of junk, antiques, secondhand articles and personal
property, gold, silver, platinum and other precious metals, gems and
precious and semiprecious stones or secondhand automotive vehicles.
[Amended 1-23-1996, effective 2-5-1996]
The purchase, sale, barter, exchange or pawn of any item
aforesaid, including the advertising therefor and including such business
conducted by any dealer in a permanent location, and shall include
any person, firm, partnership, corporation, etc., who holds tag sales
or holds more than three house sales or garage sales in any calendar
year.
The gathering of one or more vendors to display and sell
antique, junk, secondhand and used materials, as defined in this chapter,
at a stated time and on premises zoned for commercial use in the City
of Buffalo. The term "flea market" shall not include a garage sale,
porch sale, yard sale or similar-type sale.
Includes porch sales, yard sales or any other sale on residential
premises by the owner or occupant of such premises of personal property
such as furniture, clothing, bric-a-brac, tools and such other and
similar items used about the household, but the term shall not include
a flea market.
Any dealer engaging in, conducting, managing or carrying
on the business of buying, selling or otherwise dealing in, either
at wholesale or retail, any used or secondhand materials of any kind,
including but Cot limited to rags, paper, rubbish, bottles, glassware,
bags, cloth, rubber, iron, brass or copper, automotive parts, equipment
and accessories. This definition, however, shall not be deemed to
be exclusive.
[Amended 1-23-1996, effective 2-5-1996]
Any dealer who loans money on deposit or pledge of personal
property other than securities or printed evidences of indebtedness;
deals in the purchase of personal property on condition of selling
back at a stipulated price; does business as a furniture storage warehouseman;
and loans and advances money upon goods, wares or merchandise pledged
or deposited as collateral security.
Any dealer who deals in, barters, purchases or resells any
item of personal property or object of value composed, in whole or
part, of platinum, gold, silver, copper, brass, bronze or other precious
metals or precious or semiprecious stones or pearls or imitations
thereof secondhand to and from the general public and who is not a
pawnbroker within the above definition.
Any dealer who, either wholly or in part, engages in or operates
the trade or business of buying, selling, trading, bartering or exchanging
secondhand personal property, including household goods and appliances,
gold, silver and other precious metals, any tools, fixtures, electrical
devices and bric-a-brac.
Any dealer who, either wholly or in part, engages in or operates
the trade or business of buying, selling, trading, bartering, exchanging
or displaying for sale any type of secondhand automotive vehicles.
[Added 1-23-1996, effective 2-5-1996; amended 12-9-2003, effective 12-19-2003]
[Amended 12-9-2003, effective 12-19-2003]
A.
No persons, firm or corporation shall engage in or carry on a retail
or wholesale business of buying, selling, pawning, storing, collection,
distribution or dealing in any of the materials named in this chapter,
nor conduct what is known as a "junk shop" without first procuring
a license from the Commissioner of Permit and Inspection Services.
In addition to the requirements listed below for junkyards, junk shops
and junk dealers, all applications for such activities shall be referred
by the Office of Licenses for approval by the Common Council, which
shall consider the impact of such activity upon the environment, upon
surrounding residential neighborhoods and upon other relevant factors
such as noise, foul odors, traffic patterns, ease of ingress and egress
from the proposed activity and factors of public health, safety and
welfare.
B.
No person, firm or corporation shall engage in or carry on a flea
market without a license being first procured from the Commissioner
of Permit and Inspection Services by the owner or occupant of the
permitted premises on which the flea market is to be held.
C.
In addition to the aforementioned requirements, all used car dealers
must, at all times maintain for display, no more than the maximum
number of vehicles as determined in the issuance of their use permit
or as prescribed by the Bureau of Fire Prevention.
[Amended 12-9-2003, effective 12-19-2003]
A.
All applications for licenses for junkyards, junk shops, flea markets
or any type of dealer and any annual renewals thereof shall be referred
by the Commissioner of Permit and Inspection Services, before any
licenses are issued, to the Commissioner of Fire and the Commissioner
of Inspections and Community Revitalization, who shall promptly cause
an inspection to be made of the premises involved and shall promptly
report to the Commissioner of Permit and Inspection Services as to
whether or not approval and issuance of the licenses are recommended.
If approvals are not recommended, such report shall state the reasons
thereof.
B.
All applicants for licenses for junkyards and junk shops or any type
of dealer and any renewals thereof shall be referred by the Commissioner
of Permit and Inspection Services, before any licenses are issued,
to the Commissioner of Police, who shall promptly cause an investigation
to be made into the background and reputation of the applicant and
shall promptly report to the Commissioner of Permit and Inspection
Services as to whether or not approval and issuance of the licenses
are recommended. If approvals are not recommended, such report shall
state the reasons therefor.
[Amended 12-9-2003, effective 12-19-2003]
A junk dealer or pawnbroker license may not be granted to an
owner or operator convicted of any felony, any offense relating to
the theft or receipt of stolen property, the theft or receipt or dismantling
of motor vehicles, fraud of any sort, or any series of convictions
for petit larceny that would indicate a pattern of disregard for laws
related to personal property.
This requirement shall apply to banks and other licensed lenders licensed under the Banking Law of the State of New York, financing agencies as defined in the Uniform Commercial Code of the State of New York and automobile leasing businesses which sell repossessed or owned used cars on the retail market, whether by auction or private sale, but, §§ 254-12, 254-13, 254-14 and 254-18 of this chapter shall not apply to said businesses.
A.
Any applicant who presently holds a valid license from the Commissioner of Permit and Inspection Services to conduct and operate the business of a junkyard or junk dealer shall be eligible for a license as a scrap processor pursuant to the provisions of Article 6-C of the General Business Law of the State of New York, as enacted by Chapter 431 of the Laws of 1976, effective September 1, 1976.
[Amended 12-9-2003, effective 12-19-2003]
B.
However, such holder of a license to conduct and operate the business of a junkyard or junk dealer must make a new application to the Commissioner of Permit and Inspection Services for a license to engage in business as a scrap processor. It is further provided that such applicant must also comply with the provisions of §§ 254-11, 254-13 and 254-14 of this chapter.
[Amended 12-9-2003, effective 12-19-2003]
[Amended 6-13-1995, effective 6-26-1995]
[Amended 5-31-2005, effective 6-10-2005]
A.
The licensing and reporting requirements of this chapter shall not be applicable to house or garage sales, except that, if more than three such sales are held in any calendar year, a permit from the Commissioner of Public Works shall be required. In addition, the Commissioner of Public Works shall not issue a permit for a garage sale until the District Council member is notified of such request, and his/her approval is received. Each sale may be no more than three consecutive days. The permit fee shall be as provided in Chapter 175, Fees.
B.
A maximum of six signs may be displayed and posted for each garage
sale. Each sign shall be no larger than two square feet, and may be
displayed for no more than two days prior to the garage sale, and
must be removed at the close of the sale. The signs may not be posted
on any traffic control devices, City of Buffalo light poles, on any
public property, or within any public right-of way.
C.
The City of Buffalo Print Shop will make available uniform garage
sale signs that may be purchased at a cost of $10 for six signs. This
fee will include the advertisement of the date and location of the
garage sale on the City of Buffalo Web page. Garage sale signs provided
by the City of Buffalo Department of Public Works, Division of Traffic
and Engineering must be requested at least five days prior to the
date of the garage sale for a posting on the Web page at least two
days prior to the garage sale date.
A.
Every person, firm or corporation desiring to obtain any such license
shall file a written application describing the character of the business
in which the applicant desires to engage, the kind of material which
he desires to deal in and the proper designation by street or number
or other accurate description of the place where such business is
to be conducted and shall furnish to the Commissioner of Permit and
Inspection Services such information as he may require.
[Amended 12-9-2003, effective 12-19-2003]
B.
Any application hereunder for a license for a new location not previously
licensed must first be submitted by the applicant to the Common Council
and approved by it before any such application may be filed with the
Commissioner of Permit and Inspection Services. No business shall
be conducted in any place other than the location stated in the license
or the location to which it is transferred with the approval of the
Commissioner of Permit and Inspection Services. No such license shall
be transferred from one person to another. Any such license may be
revoked for cause in the manner provided by law.
[Amended 12-9-2003, effective 12-19-2003]
C.
Every person, firm or corporation desiring to obtain a flea market
license shall include in his written application for such a license,
in addition to the information otherwise required by this section,
a designation of the maximum number of vendors which he will permit
to participate in the flea market at any one time during the license
year.
D.
All applicants for flea market, outside junk dealer, used card dealer,
and scrap processor licenses issued pursuant to this chapter shall
submit along with their application a survey, site plan, or drawing
representing the layout of a lot, dealing with such external factors
as placement of the building, location of business operations, vehicle
parking, street access, and other such attributes.
[Added 12-26-2006, effective 1-8-2007]
No licensee shall expose or offer for sale any bedding, clothing,
household furniture or any article which has been subjected to any
contagious or infectious diseases until the same has been properly
disinfected, fumigated and approved by the Erie County Health Commissioner.
A.
No person, firm or corporation shall conduct or carry on any business
described in this chapter in such a manner as to unduly disturb the
peace and quiet of the neighborhood. Garage sales may be held only
during the hours of 8:00 a.m. to 8:00 p.m. If at any time the Buffalo
Police Department or any other law enforcement agency or the Commissioner
of Public Works determines that a garage sale is a traffic or fire
hazard, or a neighborhood nuisance, the City of Buffalo shall have
the authority to order the discontinuation of the garage sale immediately.
Any premises used for any of the businesses aforesaid shall at all
times be kept and maintained in a clean, wholesome, sanitary and orderly
condition and in full compliance with all ordinances of the City and
all regulations of the Erie County Department of Health. None of the
materials mentioned in the preceding sections shall be deposited,
stored or sorted in a public street or public place in connection
with any such licensed business.
[Amended 5-31-2005, effective 6-10-2005]
B.
No person possessing a license under this chapter to conduct and
operate the business of a junkyard, junk dealer or a place for the
wrecking or dismantling of used motor vehicles shall abandon, wreck,
dismantle, sort, store, place or keep any of the materials mentioned
in the preceding sections or permit or allow the abandoning, wrecking,
dismantling, sorting, storing, placing or keeping of any such materials
in any street or public place whatsoever or in any yard or open place
or open area situated on premises any part of which is closer than
200 feet to any existing building used principally as dwelling for
one or more families. Such restrictions as to the distance from an
existing dwelling shall not apply if such materials are kept entirely
within a completely enclosed building and shall not apply to any premises
on which a business described in this chapter has been heretofore
legally established and operating if such business was lawfully licensed
on the first day of June 1951. Any yard or open place or open area
in which any of said materials are stored, kept or placed shall be
enclosed with a uniformly painted solid wood or sheet metal fence
or masonry wall not less than six feet high and maintained in good
condition; provided, however, that if said yard or open place or arena
is situated on premises every part of which is at least 300 feet distant
from any existing dwelling or if the sorting, storing, placing, keeping,
wrecking or dismantling of said materials is conducted or maintained
at least 300 feet distant from any existing dwelling, a substantial
metal mesh fence or equivalent fencing shall be permitted. The requirements
contained herein for solid fencing, other than metal mesh fencing
or its equivalent, may be waived by the Common Council on recommendation
of the Commissioner of Permit and Inspection Services upon a showing
that the metal mesh fence or its equivalent will adequately carry
out and accomplish the purpose and intent of this chapter.
[Amended 12-9-2003, effective 12-19-2003]
C.
Compliance with the requirements of this section as to location,
enclosures, structures and buildings shall be certified, in writing,
by the Commissioner of Permit and Inspection Services before any license
shall be issued, renewed or reissued for any business described in
this chapter, with the exception of a flea market. Each applicant
for such license shall furnish to the Commissioner of Permit and Inspection
Services a plan of his premises showing the location and type of each
fence or other structure required by this section.
[Amended 12-9-2003, effective 12-19-2003]
A.
Legislative purpose. This Legislature finds that there have been
increased cases of burglary and larceny within its jurisdiction over
the past few years. In many instances, attempts have been made to
sell stolen property to pawnshops or other dealers of secondhand articles
for cash. While this Legislature is aware that the State of New York
has adopted statutes to punish or prevent burglary and larceny, this
body finds that adoption of this chapter which requires recordkeeping
by such dealers will assist in making the sale of stolen property
more difficult, will help in a recovery of identifiable property and
will conform reporting requirements to the experiences of those law
enforcement officials charged with the responsibility of carrying
out the provisions of said chapter.
B.
Time for reporting. Every person, firm or corporation engaged in
the business of dealing in, purchasing, selling or pawning secondhand
articles shall, before 10:00 a.m. of each business day, prepare a
report of all articles received in the prior business day in connection
with the license granted in this chapter and shall furnish this report
to the police upon request.
C.
Form of reporting. Such report shall be upon forms to be supplied
by the Department of Police or in a form that is acceptable to the
Department of Police. Such report shall include a complete description
of each article, including brand name, make, serial and model numbers,
color and size. In the case of any article of jewelry or containing
jewels, the description shall also include size, setting, shape, color,
number of karats, type of metal, number and type of stones and a complete
and accurate description of any initials, dates or inscriptions found
thereon.
[Amended 10-31-2000, effective 11-14-2000]
D.
Identification of seller. Such report shall also describe the name
and verified address of the person selling said item, including the
seller's age, height, weight, race, gender and date of birth. The
seller's address must be verified by proper identification, showing
the person described, and the type of identification so used must
be noted, along with any identifying numbers on said identification.
"Proper identification" shall mean any valid federal, state or local
government agency photo identification that contains that person's
name. Such proper identification may include, but is not limited to,
a United States passport, military identification, driver's or non-driver's
license, permit, identification card or social services identification
card. Social security cards, draft registration cards, voter registration
cards and library cards, etc., shall not be considered sufficient
identification for purposes of this chapter. The seller shall also
sign a statement certifying that the items proffered for sale are
the personal property of such seller.
[Amended 10-31-2000, effective 11-14-2000]
E.
Bulk sales; automobiles. A person, firm or corporation doing business
in wagonload, truckload or carload lots only shall furnish the Department
of Police with a weekly report of each wagonload, truckload or carload
of material bought during the week immediately preceding, containing
a brief statement of the kind and quantity of such material and the
name and address of the seller of the same, together with the date
of each transaction. In describing an automobile so purchased, the
name thereof, the maker's name, the motor number, the manufacturer's
number, the vehicle identification number and the make and number
of tires should be given.
F.
Exceptions.
(1)
Estate sales. Dealers acquiring 10 or more items from an estate sale
shall be exempt from this reporting requirement, except that they
shall have to file any inventory listing each item and stating from
where and whom it was purchased.[1]
[1]
Editor's Note: Former Subsection F(2), regarding items acquired
from an individual known to the dealer, which immediately followed
this subsection, was repealed 10-31-2000, effective 11-14-2000.
[Amended 12-9-2003, effective 12-19-2003]
No person engaged in the business of dealing in, purchasing,
selling, collecting, keeping or storing secondhand articles or other
articles of any kind, as herein provided, shall keep more than one
house, shop or place for buying, selling, keeping or storing such
goods or articles by virtue of one license, without the written permission
of the Commissioner of Permit and Inspection Services.
Every licensed person, having a fixed place of business, shall
display his license in a prominent place which is visible to the general
public.
A.
Sections 254-13 and 254-14 of this chapter shall not include nor apply to dealers who, in good faith, have established or shall establish a business of manufacturing of buying and selling or an agency for such business of buying and selling new or unused motor vehicles who occasionally, as an incident to such business, buy or receive in the course of trade secondhand motor vehicles for sale. Such sections shall, however, include and apply to all such dealers who wreck or junk such secondhand motor vehicles.
B.
Notwithstanding any of the foregoing provisions of this chapter,
no license to handle, store and deal in secondhand articles shall
be required of any dealer in new and unused motor vehicles who, as
an incident to such business, accepts secondhand motor vehicles in
trade, provided that such secondhand motor vehicles are disposed of
in substantially the same condition as when taken in trade and not
dismantled before being disposed of, and provided that said secondhand
dealer in new and unused motor vehicles has a store for the operation
of his business of selling and offering for sale new and unused motor
vehicles in the City of Buffalo.
A.
Every secondhand dealer in jewelry, diamonds, watches, rings, furs,
gold, silver and plated ware shall hold said goods for a period of
21 days from the time of purchase and shall not resell the same until
the expiration of said period. Every secondhand dealer in clothing
and tools shall hold said goods for 21 days and shall not resell the
same until the expiration of said period.
B.
Dealers in jewelry and kindred merchandise who buy, sell or deal
principally in new merchandise and who occasionally acquire secondhand
jewelry, diamonds, watches, rings, gold, silver and plated ware in
the course of their business shall not be required to hold such secondhand
articles for a longer period than 21 days before disposing of the
same.
C.
Any goods in this section which are acquired by an authorized licensed
dealer from another authorized licensed dealer who has held them for
the required twenty-one-day period shall be exempt from this holding
period.
D.
Pawnbrokers are exempt from this holding period only when someone
redeems an article which has been pledged, in which case a forty-eight-hour
holding period shall apply.
E.
All goods covered by this twenty-one-day holding period and forty-eight-hour
holding period of redeemed goods are exempt with the written consent
of the Commissioner of Police obtained prior to the resale or redemption,
and such consent shall not be unreasonably withheld. If consent is
withheld, the decision shall state the reasons thereof.[1]
[1]
Editor's Note: Former Subsection F, regarding dealers buying
from or selling to known individuals, which immediately followed this
subsection, was repealed 10-31-2000, effective 11-14-2000.
No articles purchased or received for sale or resale by any
secondhand dealer shall be altered or changed in any manner or be
permitted to be altered or changed in any manner by any secondhand
dealer until the police have been afforded a reasonable opportunity
to inspect the same for evidence of crime or in the interest of criminal
investigation.
A.
No person so licensed shall take any article or buy from any person
appearing to be intoxicated or from any person known to be a thief
or to have been convicted of larceny or burglary; and when any person
is found to be the owner of stolen property which has been obtained
in connection with the junk, secondhand and used materials business,
such property shall be returned to the owner thereof without the payment
of the amount advanced by the licensed dealer thereon or any costs
or charges of any kind which the dealer may have placed upon the same.
B.
It shall be the duty of the Commissioner of Police to report to the
Commissioner of Permit and Inspection Services any failure to comply
with or any violation of this section on the part of any such licensee,
and the Commissioner of Permit and Inspection Services may thereupon
revoke the license of such person after notice and hearing.
[Amended 12-9-2003, effective 12-19-2003]
A.
It shall not be lawful within the limits of the City of Buffalo for
any person firm or corporation carrying on the business of purchasing
or selling any of the materials heretofore mentioned to purchase from
any person under 16 years of age or who is mentally incompetent any
of the aforesaid materials.
B.
Failure to comply may result in revocation of license after notice
and hearing.
The provisions of this chapter shall not apply to associations
and corporations organized for charitable purposes and which are not
organized for profit.
The fees for the licenses required by this chapter are hereby fixed as provided in Chapter 175, Fees.
[Amended 5-22-1995, effective 6-2-1995; 4-16-1996, effective 4-29-1996; 12-9-2003, effective 12-19-2003]
All licenses granted pursuant to this chapter shall expire on
the first day of July, except those issued for collecting, buying
or selling in or upon the streets by hand wagon, horse and wagon or
motor vehicle, which said licenses shall expire on March 1, and also
except those licenses issued to do business in used or secondhand
automobiles, which licenses shall expire on May 1, and no such license
shall be assigned without the approval of the Commissioner of Permit
and Inspection Services.
[Amended 12-9-2003, effective 12-19-2003]
It shall be the duty of the Commissioner of Police to report
to the Commissioner of Permit and Inspection Services any failure
to comply with or any violation of the applicable foregoing sections
on the part of any licensee, and the Commissioner of Permit and Inspection
Services may thereupon revoke the license of such person upon good
cause after notice and hearing.
[Amended 12-9-2003, effective 12-19-2003; 7-11-2023, effective 7-11-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in New York State General Business Law (GBL) § 52,
a "collateral loan broker" (also known as a "pawnbroker") is a person,
partnership, or corporation that loans money on deposit or pledge
of personal property or buys personal property and sells it back at
a set price.
Each pawnbroker, before receiving such license, shall file with
the Comptroller his bond, in the penal sum of $5,000, with an incorporated
bonding or surety company as surety thereon, conditioned for the faithful
discharge of his duties as a pawnbroker and the accounting for and
delivery over of all moneys, pledged articles and things of value
and the proceeds of any sale thereof to the City of Buffalo and each
person financially interested therein, in the manner provided by law,
which bond shall be subject to approval as to form by the Corporation
Counsel and as to sufficiency by the Comptroller.
A.
Each pawnbroker shall keep a book in which shall be plainly written
at the time of making each loan a correct account and description
of the goods, articles or things pawned, the amount of money loaned
thereon, the time of pledging the same and the name and residence
of the person pawning or pledging said articles and the time when
said loan becomes due.
B.
Every pawnbroker shall maintain on the premises an electronic card catalog system for a minimum of five years from the date of sale or purchase of items offered as a pawn. Details included in said catalog shall include all information required in § 254-26A. Said files shall be open at all reasonable times to the inspection of the Mayor, any Judge of a court of competent jurisdiction, the Commissioner of Police, the Commissioner of Permit and Inspection Services and any person who shall be duly authorized, in writing, for that purpose by any or either of them and who shall exhibit such written authority to such pawnbroker.
A.
Each pawnbroker, at the time of making a loan, shall deliver to the person pledging any such goods or articles a memorandum ticket signed by him containing the substance of the entry required by § 254-25 to be made in his book, including a statement of the interest rate. No charge shall be made for such entry or memorandum ticket.
B.
Pursuant to New York State General Business Law Article 5 (GBL) § 43, all collateral loan brokers, at the time of making said loan, must make a report which contains the name and verified address of the person selling said item, including the seller's age, height, weight, race and gender. The seller's address must be verified by proper identification, showing the person described, and the type of identification so used must be noted along with any identifying numbers on said identification. "Proper identification" shall mean any identification documents that contain the person's name and either a photograph or physical description of said person. Social security cards, draft registration cards, voter registration cards and library cards, etc. shall not be considered sufficient identification for purposes of this chapter.
A.
No pawnbroker shall ask, demand or receive any greater rate of interest
than 4% per month or any fraction of a month for the first six months
and 2% per month for each succeeding month upon any part of a loan
not exceeding the sum of $100 nor more than 2% per month or any fraction
of a month for the first six months and 1% per month or any fraction
of a month for each succeeding month on any part of any loan in excess
of the sum of $100, and a notice containing a list of such rates of
interest as herein provided shall be conspicuously displayed within
the premises of such pawnbroker. A minimum interest charge of $0.25
per month may be made on any loan.
B.
No pawnbroker shall receive or be entitled to any interest or charges
as provided by this chapter on any loan for any period of time exceeding
15 months from the date of the making of such loan.
Each pawnbroker shall keep conspicuously posted in his place
of business a legible notice showing the rates of interest charged.
Said notice shall be displayed in such manner as to be plainly visible
to each person pledging goods therein.
Upon presentation of such memorandum ticket by the holder thereof
or his agent and the tender of the full amount due to the pawnbroker,
said pledged article shall be delivered to the owner thereof or to
his agent. The failure of the pawnbroker, without reasonable cause,
to deliver said pledged article or to promptly make complete satisfaction
therefor shall be a violation of this chapter. The consumer has a
right to pay back the loan and get back his/her property within a
specified time frame. No pledge may be sold by a pawnbroker until
that item has remained in their possession for at least four months.
No pledged article shall be sold or otherwise disposed of unless
the interest shall be four months or more in arrears.
No pledge may be sold unless written or printed notice of intention
to sell with a statement of the article or articles to be sold has
been first mailed to the pledgor at least 30 days prior to the date
of sale. All sales of the property pawned or pledged shall be at public
auction, unless otherwise agreed in writing. When sold at public auction,
a notice of every such sale shall be published prior to the sale on
three separate dates in a newspaper published each weekday and circulated
in the City of Buffalo, and such notice shall specify the time and
place at which said sale is to be held. No sale shall be made at private
sale until the expiration of 10 days after a notice of intention to
sell has been mailed by first class mail to the name and address furnished
at the time of making the loan.
A.
Each pawnbroker shall enter in a book to be kept for that purpose
a true account of the sale of all goods sold by him at public auction,
showing the exact date when the articles were pledged, the name of
the person pledging the same, the date when the articles were sold,
the price received and the name of the auctioneer conducting the sale.
If any such pledged goods are sold at auction or otherwise for more
than the amount due thereon, the surplus shall be paid upon demand
to the person on whose account such goods were pawned or to his administrators,
executors and assigns. The fair proportion of the necessary costs
and charges of any such sale and advertisement may be deducted from
such surplus money.
B.
Any person who shall have pledged any unredeemed goods which have
been so sold, or his executors, administrators or assigns, shall at
all reasonable times be permitted to inspect the entry book of sales
as to entries relating to his pledge.
C.
If any
items composed wholly or in part of articles, jewelry or precious
metals shall be advertised in any newspaper printed in the County
of Erie as having been lost or stolen, and if any items matching such
advertised description or any part thereof shall be in or come into
possession of any dealer upon receiving actual written or oral notice
of the similarity of description of such articles, said dealer shall
immediately give information relating thereto to the appropriate local
law enforcement agency. No disposition of such items shall be affected
until authorization to do so is given to such dealer by the appropriate
local law enforcement agency.
A.
No pawnbroker shall receive any goods in pledge from any person who
shall appear to be or who shall be known to such pawnbroker to be
under the age of 16 years or who is intoxicated or mentally incompetent.
B.
Said pawnbroker, at the time of purchase or time of taking in pawn
of any article, must make a report which contains the name and verified
address of the person selling said item, including the seller's age,
height, weight, race and gender. The seller's address must be verified
by proper identification, showing the person described, and the type
of identification so used must be noted along with any identifying
numbers on said identification. "Proper identification" shall mean
any identification documents that contain the person's name and either
a photograph or physical description of said person. Social security
cards, draft registration cards, voter registration cards and library
cards, etc., shall not be considered sufficient identification for
purposes of this chapter.
C.
Failure so to comply may result in revocation of license after notice
and hearing.
No pawnbroker shall employ any person to receive pledges or
make loans thereon who is under the age of 16 years.
No pawnbroker shall receive any goods in pawn before 7:00 a.m.
or after 7:00 p.m. on any weekday nor at any time on Sunday.
No pawnbroker shall receive in pawn any pistol, revolver or
other firearm of a size which may be concealed upon the person, nor
shall any pawnbroker knowingly receive in pawn from any journeyman,
mechanic, salesman, agent, apprentice or servant any partly manufactured
article of wearing apparel or any material intended for the manufacture
of such articles.
