[Code 1971, § 16-16]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Every person, as principal, agent, or employee, who shall carry on the business of buying, selling, or storing any of the articles enumerated in section 13-161 at an established place of business.
Every person, as principal, agent, or employee, who shall go, with or without vehicle, from house to house or place to place, buying, offering to buy, collecting, or gathering any of the articles enumerated in section 13-161.
[Code 1971, § 16-20]
It shall be unlawful for any junk merchant or peddler licensed under this article to purchase any item enumerated in section 13-161 from any person under the age of 18 years, apprentice, or servant, knowing or having reason to believe the seller to be such, or from any person between sunset and 7:00 a.m.
[Code 1971, § 16-21]
It shall be unlawful for any person licensed under the provisions
of this article to, during the continuance of such license, use, exercise,
or carry on the business or trade of a pawnbroker or dealer in secondhand
articles, or for any pawnbroker or dealer in secondhand articles to
receive a license under the provisions of this article.
[Code 1971, § 16-22]
Every junk merchant licensed under this article shall keep,
in such form as the Chief of Police or City Clerk may prescribe, and
written in ink or indelible pencil, a daily record of all articles
purchased; the name, residence, age, and occupation of the person
from whom each article was purchased; the name of the employer of
such person; the day of such purchase; and the price paid. The record
shall at all reasonable times be open to the inspection of any police
officer, the Mayor, Chief of Police, any magistrate, or any person
duly authorized in writing for such purpose by the Chief of Police
or any magistrate, who shall exhibit such authorization to the junk
merchant, his agent, or employee. No entry in such records shall be
changed, erased, obliterated, or defaced.
[Code 1971, § 16-23]
Every junk merchant licensed under this article, upon being
served with a written notice so to do by a member of the Police Department,
shall report to the Chief of Police, on blank forms to be furnished
by the Police Department, an accurate description of all goods, articles,
or things purchased or received by him in the course of business as
a junk merchant, at such time and during such period of time specified
in the notice, stating the amount paid for, and the name, residence,
and general description of the person from whom such goods, articles,
or things were received.
[Code 1971, § 16-24]
If any goods, articles, or things whatsoever shall be advertised
in any newspaper printed in the City as having been lost or stolen,
and the goods, articles, or things, or any articles answering the
description advertised, or any part or portion thereof, shall be or
come into the possession of any junk merchant or peddler licensed
under this article, he shall give information thereof, in writing,
to the Chief of Police and state from whom the items were received.
Any junk merchant or peddler who shall have or receive any goods,
articles, or things lost or stolen, or alleged or supposed to have
been lost or stolen, shall exhibit them on demand to any police officer,
the Mayor, Chief of Police, or any magistrate, or any person duly
authorized in writing for such purpose by the Chief of Police or any
magistrate, who shall exhibit such authorization to such merchant
or peddler.
[Code 1971, § 16-30]
It shall be unlawful for any person, within the limits of the
City, to engage in or carry on the business of collecting, buying,
selling, or otherwise dealing in rags, old rope, bottles, bones, tin
ware, rubber, bagging, or any other article or thing, except old metal,
as defined in General Business Law Art. 6 [§ 60 et seq.],
which from its worn condition renders it useless for the purpose for
which it was made, whether at a fixed place of business or as an itinerant
peddler, without first having obtained and paid for a license as provided
in this division.
[Code 1971, § 16-31]
Any person desiring to procure the license required by this
division 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 of the principal officers and their
residences if the applicant is an association or corporation. Such
application shall also describe in detail the character of the business
in which he desires to engage and the kind of materials he desires
to collect, buy, sell, or otherwise deal in. It shall also state the
following:
(1)
Whether the applicant is licensed to sell old metal in accordance
with General Business Law art. 6 [§ 60 et seq.).
(2)
The length of time such applicant, if an individual, or the manager
or person in charge if the applicant is a firm, partnership, corporation
or association, has resided in the City; his place of previous employment;
whether married or single; whether he has been convicted of a felony
or misdemeanor and, if so, for what offense, when, and in what court.
(3)
The premises where such business is to be located or carried on,
giving street and number.
(4)
Such other information that may be required by the Mayor. Such application
shall be signed and acknowledged before a notary public or other officer
authorized to administer oaths in the City.
[Code 1971, § 16-32]
The application for a license under this division shall be accompanied by a bond payable to the City, approved as to form by the City Attorney, in the penal sum of $250 for a junk merchant and $250 for a junk peddler, with sufficient collateral security, conditioned for the due observance during the term of the license of any and all ordinances which are now in force or may hereafter be adopted by the Common Council respecting the collection of, buying, selling, or otherwise dealing in the articles enumerated in section 13-161.
[Code 1971, § 16-33]
(a)
Every junk merchant prior to the issuance of a license under this
division shall pay an annual license fee in the amount now or hereafter
established by ordinance for each established place of business.
(b)
Every junk peddler prior to issuance of a license under this division
shall pay an annual fee in the amount now or hereafter established
by ordinance.
[Code 1971, § 16-34]
(a)
Upon the filing of the application and the bond, as provided in this division, the Mayor may, upon his approval of such application after investigation, and of such bond as to sufficiency of the surety or collateral security, and after payment to the City of the license fee provided in this division, issue to the applicant a license to engage in business as provided in section 13-161.
(b)
No license shall be refused except for a specific reason and for
the protection of the public safety, good order, or morals.
(c)
No license as a junk merchant or peddler under this division shall
be granted to any person who shall have been convicted within two
years of the date of application of a violation of this article, or,
if an association or corporation, of which a member shall have been
so convicted.
(d)
No such license shall be granted to any person who has, within five
years of the date of application, been convicted of a felony for knowingly
receiving stolen goods, or to any association or copartnership of
which any member has been so convicted.
[Code 1971, § 16-35]
No applicant to whom a license has been refused shall make further
application until a period of at least six months shall have elapsed
since the last previous rejection, unless he can show that the reason
for such rejection no longer exists.
[Code 1971, § 16-36]
(a)
All licenses issued under this division shall be numbered in the
order in which they are issued and shall state clearly the date of
issuance and expiration of the license and the name and address of
the licensee.
(b)
Every license which shall be granted in pursuance of this division
shall designate the location of the place of business in or from which
the junk merchant or peddler receiving such license shall be authorized
to carry on such business.
[Code 1971, § 16-37]
All licenses shall be issued under this division as of January
2 and shall continue in force until December 31 next succeeding the
date of issuance thereof, unless sooner revoked by the Mayor.
[Code 1971, § 16-38]
It shall be unlawful for any junk merchant to engage in business
as a junk peddler under this division without paying a separate license
therefor.
[Code 1971, § 16-39]
No junk peddler's license issued under this division shall
give authority for more than one person to buy, offer to buy, or collect
under it.
[Code 1971, § 16-40]
Each junk merchant or peddler, while exercising his license
under this division, shall carry his license and exhibit such license
whenever requested so to do by a police officer of the City.
[Code 1971, § 16-17]
The City shall supply badges and vehicle plates to licensed
junk peddlers under this division. Such badges and plates shall not
be transferable. On the expiration of the license, the licensee shall
surrender his badge to the City Clerk. It shall be unlawful for any
person to wear or have in his possession such badge, unless he is
the licensed junk peddler in whose name the license is issued. Each
licensee shall, while exercising his license, wear on the front of
his outermost garment the badge so provided. Such badge shall state
the character and number of the license and the date when it expires.
The vehicle plates shall be displayed by every licensee operating
a vehicle, one on each side of the body of the vehicle used by him
in the exercise of his license. Such vehicle plates shall state the
character and number of the license and the date of expiration.
[Code 1971, § 16-18]
The vehicle kept or used by a junk peddler in the exercise of
his license under this division shall be marked on both sides with
the number corresponding to the number of his license, in plain figures
at least two inches in length.
[Code 1971, § 16-19]
Every licensed junk merchant under this division shall have
and keep a sign on the outside and in front of each of his places
of business, on which shall be plainly set forth in conspicuous letters
his name, licensed business, and the number corresponding to the number
of his license.
[Code 1971, § 16-41]
No license issued under this division shall be used by any person
other than the original licensee, and any holder of such license who
permits it to be used by any other person, and any person who uses
such license granted to any other person, shall each be guilty of
a violation of this section.
[Code 1971, § 16-42]
Whenever a license issued under this division shall be lost
or destroyed without fault on the part of the holder or his agent
or employees, a duplicate license in lieu thereof under the original
application and bond may be issued by the Mayor in his discretion.
[Code 1971, § 16-43]
In case any licensee under this division shall remove his place
of business from the place designated in the license, he shall immediately
thereon give notice to the City Clerk and have the same endorsed upon
such license.
[Code 1971, § 16-44]
It shall be unlawful for any junk merchant or peddler licensed
under this division to carry on the business at or from any other
place than the one designated in the license therefor.
[Code 1971, § 16-45]
It shall be unlawful for any junk merchant or peddler licensed
under this division to continue to carry on business after such license
has been revoked or has expired.
[Code 1971, § 16-46]
(a)
The Mayor may, at any time, for such cause as he, upon investigation,
deems sufficient, revoke any license granted under the provisions
of this division. Whenever any license shall be so revoked, no refund
of any unearned portion thereof shall be made and no license shall
be granted to any person whose license has been so revoked within
a period of one year from the date of such revocation. Notice of such
revocation and the reason therefor, in writing, shall be served by
the Chief of Police upon the person named in the application by mailing
such notice to the address given in the application. A copy thereof
shall be filed with the City Clerk.
(b)
For any violation of this division, in addition to the penalty imposed by section 1-8, the license of the person violating such division shall be cancelled or revoked, and the bond upon such license shall be forfeited. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the City, and the amount thereof may be recovered in a civil action based upon such forfeiture.
