[HISTORY: Adopted by the City Council of the City of Troy 6-7-2012 by Ord. No. 3. Amendments noted where applicable.]
GENERAL REFERENCES
Peddlers and solicitors — See Ch. 224.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes but not limited to any person dealing in the purchase
or sale of any secondhand radios, cameras and other photography equipment,
firearms, including antique, televisions, household appliances, either
electric or mechanical, automobile accessories or parts, including
tires, office furniture, business machines and secondhand articles
of whatsoever nature, sporting equipment and sporting memorabilia,
or dealing in the purchase or sale of any secondhand manufactured
article composed wholly or in part of gold, silver, platinum or other
metal, or in the purchase or sale of old gold, silver or platinum,
or in the purchase or sale of musical instruments, sound amplifications
devices and related equipment, computers, computer parts and accessories,
GPS devices and any other electronic devices or items of value for
accessing goods or services by electronic means or dealing in the
purchase or sale of articles or things comprised of gold, silver or
platinum for the purpose of melting or refining, or engaged in melting
precious metals for the purpose of selling, or in the purchase or
sale of pawnbrokers' tickets or other evidence of pledged articles
or, not being a pawnbroker, who deals in the redemption or sale of
pledged articles. Nothing contained in this chapter shall be construed
to apply to household furniture and furnishings, pianos, books, magazines,
tapestries, burlaps, paintings, drawings, etchings, engravings, vinyl
records, cassette tapes or compact discs; or automobiles; nor to exchanges,
returns or credits of merchandise when the article or articles exchanged,
returned or credited are accepted in full or part payment for new
merchandise; nor to the first purchase or sale in the City of any
imported secondhand articles.
The term "purchase" as stated above refers to individuals who
purchase directly from an individual in their place of business or
who are solicited directly, specifically and individually by an individual
to purchase items from an individual regardless of point of purchase.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies and
all other entities of any kind capable of being used.
No person, either as principal, agent or employee, shall within
the limits of the City of Troy establish, engage in or carry on the
business of dealing in secondhand articles, either separately or in
connection with some other business, without first having obtained
and paid for and having in full force and effect a license as herein
provided.
A.
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 names
and residences 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 Troy Police Department
will advise applicant on the procedure to submit fingerprints and
fees in the form and manner prescribed by the NYS Division of Criminal
Justice Services. Such applicant shall also describe in detail the
character of the business in which he, they or it desires to engage.
The application shall also state the following:
(1)
The length of time such applicant or applicants, if an individual,
firm or partnership, or the manager or person in charge, if the applicant
is a firm, partnership, corporation or association, has or have resided
in the City of Troy, his or their place of previous employment, whether
he or they or any of them have been convicted of a felony or misdemeanor
and, if so, what offense, when and in what court.
(2)
The premises where such business is to be located or carried on,
giving street and number.
(3)
Whether the applicant or applicants or manager had either alone or
with someone else previously been a dealer in secondhand articles.
B.
Such application shall be signed and acknowledged before a notary
public or other official authorized to administer oaths in the City
of Troy.
When an application is filed, the City Clerk shall cause an
investigation to be made by the Chief of Police to ascertain whether
the applicant or applicants is or are of good character and repute.
The Chief of the Police Department shall be responsible for reviewing
the criminal history record information of each applicant as disseminated
by the Division of Criminal Justice Services. If a prospective applicant
has been convicted of any misdemeanor or felony offense, any decision
regarding such prospective applicant's fitness for a license
must be made upon consideration of New York State Correction Law §§ 701-703-b
and §§ 751-753. The Chief of the Police Department
shall furnish to the City Clerk the information derived from this
investigation, accompanied by a recommendation as to whether a license
should be granted or refused.
Upon the filing of the application, bond and information as provided in the previous section, the City Clerk may, upon his or her approval of such application and bond as to the sufficiency or surety or sureties or collateral security and the payment to the City of the license fee hereinafter provided, issue to the applicant a license to engage in the business as provided in § 242-2. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in or carry on the business, the kind of business, the dates of issuance and expiration of the license and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least one year shall have elapsed since the last previous rejection unless he can show that the reason for such rejection no longer exists. Should the application for such license be denied, the applicant shall be advised in writing of the reason for such denial.
A.
Every dealer in secondhand articles as defined in § 242-1 shall pay an annual license fee of $100 for each established place of business.
B.
All licenses shall be good for a period of one year, unless sooner
revoked by the City Clerk.
C.
No license or badge, as hereinafter required, shall be used by any
person other than the original licensee, and any holder of such license
or badge who permits it to be used by any other person, and any person
who uses such license or badge granted to any other person, shall
be guilty of a violation of this chapter.
D.
Whenever a license or badge shall be lost or destroyed without fault
on the part of the holder or his agent or employee, a duplicate license
or badge in lieu thereof under the original application and bond may
be issued by the City Clerk in his or her discretion, upon the filing
with him of an affidavit by the licensee, setting forth the circumstances
of the loss and what, if any, search has been made for its recovery.
E.
No person shall destroy, deface or injure a license or badge in any
manner or change the name, number or dates thereon.
The City Clerk may, revoke any license granted under the provisions of this chapter, consistent with § 242-14 of this chapter, or at any time, for such cause as he or she, upon investigation, deems sufficient. 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 revoked within a period of two years from the date of such revocation. Notice of such revocation shall be served by the City Marshall upon the person named in the application by delivering the same in person to the place of business designated in the license. Should a license be revoked, the licensee shall be advised in writing of the reason for such revocation.
In case any licensee shall move his place of business from the
place designated in the license, he shall immediately thereupon give
notice to the City Clerk and have the same endorsed on the license.
A.
Every dealer in secondhand articles shall keep in a substantial bound
book in which shall be legibly written in ink and, as well as in English
at the time of every purchase or sale of any secondhand item a description
of every article so purchased or sold, the number or numbers and any
monograms, inscriptions or other marks of identification that may
appear on the article, a description of the articles or pieces comprising
old gold, silver, platinum or other metal, and any monograms, inscriptions
or marks of identification thereon, the name, residence and general
description of the person from whom such purchase was made or to whom
sold, and the day and hour of the purchase or sale, including articles
or things purchased or received for the purpose of refining or smelting
by persons principally engaged in such business. Additionally, every
dealer in secondhand articles shall keep a companion electronic spreadsheet
containing the above mentioned information, capable of being e-mailed
to and downloaded by the Troy Police Department.
B.
In the case of the purchase or sale of a pawnbroker ticket or other
evidence of a pledged article, or a redemption or sale of a pledged
article, there shall be written and recorded in such book and spreadsheet
at the time of such purchase, sale or redemption:
(1)
The name and address of the person who issued such ticket or other
evidence.
(2)
The pledge number of such pawn ticket or other evidence.
(3)
The name and address of the pledger as it appears on such pawn ticket
or other evidence.
(4)
The amount loaned or advanced as it appears on such pawn ticket or
other evidence.
(5)
The day and hour of such purchase, sale or redemption, as the case
may be.
(6)
The name, residence and general description of the person from whom
or to whom the redeemed article is purchased or sold, as the case
may be.
(7)
The sum paid or received from such pawn ticket or other evidence,
or the sum paid or received for the redeemed article or pledge.
(8)
Such description of a pledged article as appears on such pawn ticket
or other evidence and an accurate description of every redeemed pledged
article.
C.
Such book and spreadsheet shall at all reasonable times be open to
and available for inspection by any police officer, the City Clerk,
the Police Chief or any Magistrate of the City or any person duly
authorized in writing for such purpose by the City Clerk. No entry
in such book or spreadsheet shall be erased, obliterated, altered
or defaced.
D.
The records shall be retained in the possession of the licensee,
in good condition and in an orderly fashion, for a period of five
years from the time the transaction is made.
It shall be the duty of every licensed dealer in secondhand
articles to make or cause to be made to the Chief of Police or his
representative every Monday, before the hour of 12:00 noon or as requested
by the Chief of Police, a copy of the records required to be kept
in the preceding section of all goods, articles or things, or any
part thereof, purchased, received or sold in the course of the business
of the dealer during the week prior. All reports required in this
section shall be made on an electronic spreadsheet, capable of being
emailed to and downloaded by the Troy Police Department, and shall
contain such information as the Chief of Police may require. The Chief
of Police shall cause a record to be kept of all such reports, showing
the date and time of receipt of each report, the name of the licensee
making the report and his address. The contents of such report shall
not be communicated to any person for the purpose of publication but
shall be used by the Chief of Police and others in authority to protect
the public interest and detect crime.
A.
No licensee shall carry on business at any other place than the one
designated in his license.
B.
No dealer in secondhand articles shall continue to carry on business
after his license is revoked or shall have expired.
C.
No dealer in secondhand articles shall purchase any secondhand goods,
articles or things whatsoever from any person under the age of 18
years.
D.
No dealer in secondhand articles shall purchase any secondhand goods
from any individual unless and until that individual has shown proper
identification. The accepted form shall be that of:
(1)
A valid driver's license or non driver's identification
card issued by the commissioner of motor vehicles, the federal government,
any United States territory, commonwealth or possession, the District
of Columbia, or a provincial or territorial government within Canada;
or
(2)
A valid passport issued by the United States government or any other
country; or
(3)
An identification card issued by the armed forces of the United States;
or
(4)
A New York State Benefit Cards.
E.
No dealer in secondhand articles shall purchase any merchandise with
an altered or obliterated serial number of any item that has had its
serial number removed.
F.
No articles or things that have already been kept by the dealer or
pawnbroker for a period of time, in accordance with the provisions
of law or this chapter, or have been received from persons known to
be jewelers, dealers, banking institutions, executors or administrators,
shall be sold or disposed of by any dealer in secondhand articles
until the expiration of 10 business days after such purchase, except
that all secondhand articles or things purchased for the purpose of
melting or refining by persons principally engaged in such business
from persons not jewelers or dealers shall not be sold, refined, melted
or disposed of until the expiration of 10 business days after such
purchase. Such holding periods are not applicable when the person
known by the secondhand dealer to be the person from whom the goods
were acquired desires to redeem, the goods, provided the dealer can
produce the record of the original transaction with verification that
the customer is the person from whom the goods were originally acquired.
However, no such dealer shall employ any subterfuge for receiving
goods as security for the advancement of money.
G.
A licensee shall allow his place of business and all secondhand articles
therein to be at all reasonable times examined by any member of the
Police Department.
H.
Every dealer in secondhand articles shall at the time of making any purchase of a secondhand article attach a properly numbered tag to, or otherwise legibly number, each article bought and shall make entry of such number in the book and spreadsheet provided for in § 242-9.
I.
Every licensee shall post in a conspicuous place in his place of
business a copy of this chapter, to be furnished by the Police Department.
J.
No licensee shall buy any secondhand article of any kind which is distinctly and plainly marked as being the property of any firm or corporation other than the person offering to sell the same unless the person offering to sell the same shall show satisfactory evidence in writing that he is the legal and lawful owner of such property. Such written evidence shall be pasted in the book provided for in § 242-9.
In case any suspicious or known dishonest person shall offer
for sale to any dealer in secondhand articles, his employee, agent
or servant any article of value and he has reason to believe from
any circumstance that the same has been stolen or acquired by dishonest
means, it shall be his duty to report the same at once to the police.
It shall be the duty of the Police Department on a weekly basis
to furnish to every dealer in secondhand articles a list of all articles
reported to the Police Department as lost or stolen. If the Police
Department shall notify a licensed dealer that any goods, articles
or things have been lost or stolen, and if such goods, articles or
things, or any such or part of such, answering to the description
of the notice shall then be or shall thereafter come into the possession
of any person licensed under the terms hereof; he shall, upon receiving
notice thereof, immediately thereafter, give information in writing
that certain goods, articles or things listed by the police are in
his possession and shall not hereafter dispose of the same except
upon written authority to do so from the Chief of Police. Every dealer
in secondhand articles 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 the same on demand to any police officer
or any Magistrate of the City or any person duly authorized by the
Chief of Police in writing for such purpose who shall exhibit such
written authority to the dealer.
A.
Any person who, himself or by his clerk, agent or employee, shall
establish, engage in or carry on the business of dealer in secondhand
articles without a license, or shall violate any of the provisions
of this chapter, or who, having had his license revoked, shall continue
to engage in or carry on the business of dealer in secondhand articles
shall, upon conviction thereof, be subject to a fine of not less than
$200 nor more than $1000 or to imprisonment for not more than six
months, or to both such fine and imprisonment; each day on which such
violation continues shall constitute a separate offense. In addition
to the penalty imposed, the license of the person violating the same
shall be canceled 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 of Troy, and the amount thereof
may be received in a civil action based upon such forfeiture.
