The purpose of this chapter is to promote the public health,
safety, and welfare of the Village of Ossining by regulating the licensing
of collateral loan brokers (pawnbrokers), to protect the property
rights of Village residents and to assist law enforcement in the recovery
of stolen property and the identification of suspects.
As used in this chapter, the following words shall have the
indicated meanings, unless the context clearly indicates otherwise:
PAWNBROKER
A person that issues a collateral loan based upon the security
of pledged goods left in pawn, or that is in the business of purchasing
tangible property to be left in pawn on the condition that it may
be redeemed or repurchased by the seller for a fixed price within
a fixed period of time, pursuant to the licensing requirements contained
herein.
PERSON
An individual, partnership, unincorporated association, corporation
or other entity.
Every pawnbroker shall comply with all the provisions of Article
5 of the New York State General Business Law, Westchester County Administrative
Code, Article XI, as well as all rules and regulations promulgated
by the State Comptroller pursuant to General Business Law § 55.
The license application shall be accompanied by a bond to the Village of Ossining, approved as to form by the Corporation Counsel, in the penal sum of $10,000, with two responsible sureties or sufficient collateral security, conditioned on 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 be hereafter be adopted or enacted respecting the business of collateral loan brokering or pawnbroking as defined in §
110-2 of this chapter, and the accounting for and paying over of all moneys which the licensee shall be liable to pay as such pawnbroker to the Village of Ossining.
After due consideration, it has been determined that the Village
of Ossining's Route 9 corridor, more specifically its associated
business districts, is the most conducive area for the location of
licensed pawnbroker businesses, as the parcels located along this
corridor provide superior parking and loading options as well as superior
visibility, more so than other areas of the Village. No pawnbroker
business shall be permitted to operate in any historic district, nor
shall a pawnbroker business be permitted in any zoning district of
the Village of Ossining, except a PC Planned Center, GB General Business,
or NC-1 Neighborhood Center District. A pawnbroker license shall be
issued only in connection with and accessory to a permitted use under
the Zoning Code of the Village of Ossining for said enumerated zoning
districts, such as but not limited to retail.
At the time of making the pawn transaction, the pawnbroker shall
immediately and legibly record in English the following information
by using ink or other indelible medium on forms or in a computerized
record approved by the Village:
A. A complete and accurate description of the property, including model
and serial number if indicated on the property;
B. The full name, residence address, residence telephone number, and
date of birth of the pledgor or seller;
C. The date and time of pawn or purchase transaction;
D. The identification number and state of issue from one of the following
forms of identification of the seller or pledgor:
(1) Current valid New York State driver's license.
(2) Current valid New York State identification card.
(3) Current valid photo identification card issued by another state.
E. A description of the pledgor, including approximate height, sex,
and race;
F. The amount advanced or paid;
G. The maturity date of the collateral loan and the amount due; and
H. The monthly and annual interest rates, including all pawn fees and
charges.
Every pawnbroker shall, at such times as the Chief of Police or his designee may prescribe in a written notice to be served upon such pawnbroker by a sworn member of the Police Department on forms to be furnished/approved by the Police Department, provide a description of all goods, articles, or things, or the identity or proof of ownership of pledgors, such as is required to be kept under §
110-8 of this chapter, which have been pawned or pledged in the course of business of the pawnbroker during the days specified in such notice and, if such notice from the Chief of Police prescribes, such pawnbroker shall, at that time and until he/she is so notified to discontinue so doing, keep and furnish on blank forms such information, as well as a general description of every person depositing such pledge.
Every licensed pawnbroker shall, at the time of each loan, deliver
to the person pawning or pledging any goods, articles, or things a
memorandum or note signed by him/her containing his/her address and
the substance of the entry required to be made or received by any
pawnbroker for any such entry, memorandum, or note. The holder of
such memorandum or note shall be presumed to be the person entitled
to redeem the pledge, and the pawnbroker shall deliver such article
to the person so presenting such memorandum or note upon payment of
principal or interest. Should such memorandum or note be lost or mislaid,
the pledgor shall at once apply to the pawnbroker, in which case it
shall be the duty of the pawnbroker to permit such person to examine
his/her records, and upon finding the entry for such memorandum or
note so lost and upon giving to the pawnbroker an exact description
of the article pawned, the pawnbroker shall issue a second or stop
ticket for the same. In case such pledgor neglects to so apply and
examine such records and receive such memorandum or note in the manner
above stated, the pawnbroker shall be bound to deliver the pledge
to any person producing such memorandum or note for redemption thereof.
This section is not to be construed as in any manner limiting or affecting
such pawnbroker's common-law viability in cases where goods are
stolen or other legal defects of title exist in the pledge.
No licensed pawnbroker shall sell or otherwise dispose of any
pawn or pledge unless the interest shall be four months or more in
arrears, and all such sales of defaulted pledges shall be at public
auction or by private sale in absolute conformity with applicable
laws, regulations and rules, including but not limited to the provisions
of the General Business Law pertaining to public auctions and the
Uniform Commercial Code provisions pertaining to the disposal of collateral
after default.
Notice of every such public sale shall be published for at least
six days previous thereto in the official newspaper of the Village
of Ossining, and such notice shall specify the time and place at which
such public sale is to take place and a description of the goods or
articles to be sold. Every pawnbroker shall enter into records kept
for that purpose a true account of the sale of all goods sold by him/her
at auction or otherwise, stating the day of the month when pledged,
the name of the person pledging, the day when and the amount for which
each pledge was sold and the name of the auctioneer. Any person who
shall have pledged any unredeemed goods, or his/her assigns, administrators
and executors, shall at reasonable times be permitted to inspect such
record of sale. Every pawnbroker shall give notice of the expiration
of the six months from the date of the loan after which a public sale
of the article pledged may take place, by letter directed to the borrower
at his/her last known residence at least 10 days and not more than
20 days after the expiration of such six months.
No pawnbroker business shall operate beyond the hours of 7:00
a.m. and 7:00 p.m., Monday through Sunday.
Every pawnbroker shall install a video surveillance camera inside
the place of business in a location and positioning that provides
a view of each pawn transaction and shall maintain each video recording
for a period of not less than 45 days. Video recordings shall be made
available to the Village of Ossining Police Department upon request.
No certificate, license or permit issued in accordance with this chapter shall be suspended or revoked, except in accordance with the procedures established in Chapter
171, Licenses.