[HISTORY: Adopted by the Legislature of the County of Monroe 12-10-2013 by L.L. No. 8-2013.[1] Amendments noted where applicable.]
This chapter shall be known as the law "Regulating Pawnbrokers,
Secondhand Dealers and Jewelry and Coin Exchange Dealers."
The Legislature finds that:
A.
The creation
of a uniform, county-wide licensing and reporting program for personal
property acquired by pawnbrokers, secondhand dealers and jewelry and
coin exchange dealers will curtail the distribution and facilitate
the recovery of stolen property in Monroe County.
B.
The establishment
of such a licensing and reporting system to monitor and track the
transactions set forth in this chapter is necessary for the protection
of the citizens of Monroe County and is reasonable and appropriate
for pawnbrokers, secondhand dealers and jewelry and coin exchange
dealers.
The purpose of this chapter is to establish a uniform licensing
and reporting system for pawnbrokers, secondhand dealers and jewelry
and coin exchange dealers to assist the law enforcement community
in tracing and recovering stolen property.
As used in this chapter, the following terms shall have the
meanings indicated:
Such items or collectibles recognized as such by established
dealer associations within the industry.
Pawnbrokers, secondhand dealers, and/or jewelry and coin
exchange dealers licensed pursuant to this chapter.
[Added 10-10-2023 by L.L. No. 13-2023]
Articles composed (in whole or in part) of gold, silver,
or other precious metals, gems or gemstones which, as constructed,
are designed to be worn for personal adornment.
Persons or business establishments engaged in the business
of sale, purchase, or exchange of precious metals and/or jewelry for
other objects of precious metal, jewelry, United States currency,
bank drafts, other negotiable instruments as defined in the Uniform
Commercial Code or any other object or thing of value within Monroe
County, including the sale, purchase, or exchange of such goods from
Monroe County through internet commerce sites.
[Amended 10-10-2023 by L.L. No. 13-2023]
Any law enforcement agency operating within Monroe County,
with jurisdiction over the jewelry and coin exchange dealer, secondhand
dealer, and/or pawnbroker.
Any article or object that has not been previously purchased
at retail and/or which has not been previously used and/or is in a
new condition.
[Added 10-10-2023 by L.L. No. 13-2023]
Any person or business establishment who holds goods as collateral
on short-term, high-interest loans or a person who qualifies as a
"collateral loan broker" pursuant to § 52 of the New York
General Business Law.
Gold, silver, platinum, copper or coins, utensils, or objects
containing one or more of those metals.
Any article or object, with the exception of clothing, books,
that has previously been bought or sold at retail and/or which has
been previously used and/or is not in a new condition. This shall
include any "gift card" or other electronic payment device that is
usable at a single merchant or an affiliated group of merchants that
share the same name, mark, or logo, is issued in a specific amount,
and may or may not be increased in value or reloaded, or as otherwise
defined in Article 26, § 396(I), or Article 13, § 1315,
of the New York State General Business Law.
Any person or business establishment who deals in the purchase,
sale, exchange or pledge as security for a sum of money of any secondhand
article within Monroe County, including purchase, sale, exchange or
pledge as security for a sum of money of any secondhand article from
Monroe County through internet commerce sites.
[Amended 10-10-2023 by L.L. No. 13-2023]
A.
It shall
be unlawful for a pawnbroker, secondhand dealer or jewelry and coin
exchange dealer to purchase any articles, jewelry or precious metals
from any person whom such dealer knows to be or has reason to believe
to be under the age of 18 years.
B.
It shall be unlawful for any pawnbroker, secondhand dealer or jewelry and coin exchange dealer to sell, dispose of, destroy, alter or remove from such dealer’s premises any articles, jewelry or precious metals until the expiration of 14 calendar days after the electronic reporting required pursuant to § 384-9 by such dealer of any such articles, jewelry or precious metals.
[Amended 10-10-2023 by L.L. No. 13-2023]
C.
When requested
to do so by the appropriate local law enforcement agency in connection
with a law enforcement investigation, it shall be unlawful for any
pawnbroker, secondhand dealer or jewelry and coin exchange dealer
to sell, dispose of, destroy, alter or remove from such dealer’s
premises any articles, jewelry or precious metals until the expiration
of 30 calendar days from the date of the request. Upon the written
request of the law enforcement agency, the property shall be held
for up to two additional thirty-day periods.
D.
Pawnbrokers,
secondhand dealers, and jewelry and coin exchange dealers shall not
employ any person who has been convicted within three years of any
felony related to the operation of a business or who has had a dealer’s
license revoked or denied within the past five years.
[Amended 10-10-2023 by L.L. No. 13-2023]
E.
No pawnbrokers,
secondhand dealers, or jewelry and coin exchange dealers shall permit
his or her place of business to remain open for the transaction of
business any time except between the hours of 8:00 a.m. and 11:00
p.m.
[Amended 10-10-2023 by L.L. No. 13-2023]
F.
Dealers
shall only purchase, sell or offer for sale new items which have been
purchased from authorized retailers or wholesalers. This provision
shall not apply to the purchase or sale of new items purchased from
individuals who sell less than three of an identical or same type
of goods within one calendar year.
[Added 10-10-2023 by L.L. No. 13-2023]
A.
Every pawnbroker,
secondhand dealer and jewelry and coin exchange dealer operating within
Monroe County is required to be licensed according to this chapter.
The Monroe County Sheriff shall be the licensing authority authorized
to issue licenses for pawnbrokers, secondhand dealers and jewelry
and coin exchange dealers.
B.
Licenses
shall expire annually on December 31 after date of issuance.
C.
The annual
license fee shall be $150. There shall be a fee of $10 for replacement
of a lost license.
D.
An application
for a pawnbroker's, secondhand dealer's, or jewelry and coin exchange
dealer's license (hereinafter "dealer’s license") shall be made
by the owner (or operator, if different than the owner) on forms provided
by and filed with the Monroe County Sheriff. The application shall
include relevant information relative to the owner or operator, the
business to be conducted at the premises, and the names and dates
of birth of all employees, meeting the following requirements:
(1)
If
a secondhand dealer, pawnbroker, or jewelry and coin exchange dealer
business, as defined above, employs over five people at a location,
the employee names, dates of birth, and dates of employment shall
be kept and made available for inspection by the Sheriff or his representatives
for one year.
(2)
Where
the owner is not directly involved with the day-to-day operation of
said business, the operator must also be included on the application.
If a partnership, corporation or other business entity is involved,
the application must designate an operator who is involved in the
day-to-day operation of the business. In this situation, the dealer's
license shall be issued to the operator; the names, addresses and
phone numbers of the partners, officers or principals shall also be
listed on the application. All addresses of persons involved shall
be home addresses listing street and number.
[Amended 10-10-2023 by L.L. No. 13-2023]
(3)
The
application shall also require the legal address of the premises where
such business is to be carried out and whether the applicant or any
officer and operator has previously been involved in the purchase
or sale of secondhand goods and, if so, the name of the business,
its location and the dates of involvement. The application shall be
signed and sworn to before a notary public or other official authorized
to administer oaths in the County.
(4)
The
application shall also include any and all e-commerce websites, including
Internet storefronts, third-party sales outlets, as well as any and
all written or electronic classified advertisements. The application
shall further include any seller names or otherwise identifying names
used within those e-commerce sites.
E.
Before
the issuance of a dealer’s license, the Sheriff or his or her
representative shall have the right to enter upon such premises during
normal business hours for the purpose of making inspections. After
a dealer's license has been issued, further inspections of the premises,
to ensure compliance with the laws, ordinances and rules and regulations
relating to secondhand business, may be made in any area of the licensed
premises.
[Amended 10-10-2023 by L.L. No. 13-2023]
F.
Any change
in the facts or information required on said application that occurs
after the application has been filed shall be reported by the licensee,
in writing, to the Monroe County Sheriff within 10 days of the change.
G.
All applications
for dealer's licenses shall be issued or denied within 30 days after
a fully completed application has been received by the Monroe County
Sheriff's office. The applicant shall be notified, in writing, of
any delay which is due to incomplete application, investigative delays,
or other reasonable cause.
H.
Except
as provided in Article 23-A of the New York State Corrections Law,
the Sheriff reserves the right to deny a dealer's license to any person
convicted of any crime related to the operation of the business. No
person who stands convicted of a felony (other than those defined
by the Vehicle and Traffic Law) shall be eligible for a license pursuant
to this law.
I.
No dealer’s
license shall be issued for a period of five years to any applicant
that has been found guilty of operating a business without a dealer's
license when required under state or local law.
[Amended 10-10-2023 by L.L. No. 13-2023]
J.
Dealer's
licenses shall not be transferred. In the event of any change involving
the owner or operator of the business or the business location, a
new dealer's license shall be required. A dealer's license shall not
be transferred to any person who holds power of attorney.
K.
Denial,
suspension, or revocation.
[Amended 10-10-2023 by L.L. No. 13-2023]
(1)
The Monroe County Sheriff's office may deny, suspend, or revoke
any license granted herein in the following situations:
(a)
Where the pawnbroker, secondhand dealer, or jewelry and coin
exchange dealer has made a false statement in connection with its
application; or
(b)
Where the pawnbroker, secondhand dealer, or jewelry and coin
exchange dealer revokes the consent to examine such records and items
or refuses to allow inspection of its premises; or
(c)
Where the pawnbroker, secondhand dealer, or jewelry and coin
exchange dealer has more than three violations in one inspection or
two convictions of a violation in the calendar year; or
(d)
Where the pawnbroker, secondhand dealer, or jewelry and coin
exchange dealer has violated either federal, state, or local laws
or rules and regulations; or
(2)
The Monroe County's Sheriff's Office may also deny a license
if the applicant is in violation of applicable federal, state, or
local laws or rules and regulations at the time of application.
L.
The following
entities are exempt from the licensing requirements of this chapter:
(1)
Any
secondhand dealer that is exempt from taxation under § 501(
c )(3) or § 501( c )(4) of the Internal Revenue Code; or
(2)
Garage
sales, basement sales, porch sales, yard sales and other such events
at which a person desires to sell or trade his or her personal used
items, household goods, furniture or equipment upon his or her premises,
said premises not being a regular place of business or purchase or
sale of secondhand items, shall be exempted from the license requirement
of this chapter. No more than three such sales shall be conducted
by the same person or persons upon the same premises within one calendar
year, and each such sale shall not exceed three consecutive days.
(3)
Any
jewelry or coin exchange dealer whose annual gross retail sales are
comprised of less than 15% of secondhand articles. Any jewelry or
coin exchange dealer claiming this exemption must provide written
proof of its applicability by a certified public accountant within
20 days upon request of any law enforcement agency.
(4)
Any
dealer in secondhand or used motor vehicles.
(5)
Any
sale conducted pursuant to statute or by order of any court.
(6)
The
sale of antiques by an antique dealer, or his/her employee or associate,
provided the antique dealer:
(a)
Has an established antique shop advertised and promoted as such;
or
(b)
Exhibits at least twice a year at established advertised and/or promoted
antique shows; or
(c)
Is a private dealer working from home and/or nonretail location and
has applied for and has been granted a New York State resale number
for collection and submission of sales tax.
(7)
The
sale of secondhand articles at antique shows or trade shows, where
such shows are advertised and/or promoted as such.
(8)
Any
secondhand clothing store where 50% or more of its gross revenues
are related to items of clothing. Any clothing store claiming this
exemption must provide written proof of its applicability by a certified
public accountant within 20 days upon request of any law enforcement
agency.
(9)
The
sale of any item for less than $15.
(10)
This
chapter shall not apply to the return of secondhand items for credit,
exchange or refund to the person from whom said items were originally
obtained, provided that the items were not secondhand items when originally
obtained.
M.
If an application
for a license is denied, or an existing license is suspended or revoked,
the applicant or holder of the suspended or revoked license may, within
10 calendar days of notice of denial, suspension, or revocation, request
reconsideration by the Monroe County Sheriff's office by providing
that office with any additional, relevant information. The Monroe
County Sheriff's office shall, within 10 calendar days of receipt
of the reconsideration materials, issue a final notice of denial,
suspension, or revocation setting forth the grounds upon which the
license was either denied, suspended, or revoked. Such final notice
shall be transmitted by certified or registered mail.
[Amended 10-10-2023 by L.L. No. 13-2023]
N.
The Monroe
County’s Sheriff’s Office may reinstate a suspended license
with conditions under which the dealer shall operate his or her business.
Such reinstated license with conditions shall be signed by the dealer
and contain a provision which provides that any violation of the conditions
license, as solely determined by the Sheriff, shall be grounds for
revoking the license.
[Added 10-10-2023 by L.L. No. 13-2023]
A.
Dealers
shall comply with all provisions of federal, state and local laws
and ordinances relating to the conduct of businesses and occupation,
use and maintenance of the premises and shall ensure that all of their
employees and agents do also. Where the dealer is also a pawn dealer,
the dealer shall comply with Article 5 of the New York State General
Business Law entitled "Collateral Loan Brokers Law."
[Amended 10-10-2023 by L.L. No. 13-2023]
B.
All dealers
covered under this chapter shall cause the dealer's license and business
permit to be posted in a conspicuous place immediately visible upon
entering the business establishment.
C.
If the
dealer or employee of any establishment covered by this chapter has
reason to believe from the circumstances presented that an item has
been stolen or acquired by dishonest means, it shall be his or her
duty to immediately report same to the Sheriff or his or her representatives.
D.
Any law
enforcement agency that confiscates property from a business covered
under this chapter, as evidence or for safekeeping in an investigation
or to return to an owner, shall issue a receipt to the business. The
receipt shall contain a crime report number which references the investigation.
E.
Any dealer
covered under this chapter shall release to a law enforcement agency
any item in the dealer's possession when:
(1)
The
item is established to be stolen; and
(2)
The
owner of the item or the victim of a theft has positively identified
the item and provided an affidavit of ownership and has made a report
of the theft to a law enforcement agency; and
(3)
The
stolen property report describes the item by one or more of the following:
date, initials, an insurance record, a photograph, a sales receipt,
a serial number, specific damage, or a statement of facts that show
the item is one of a kind or a unique engraving; and
(4)
The
secondhand dealer is given a receipt for the item released.
F.
Any dealer
covered by this chapter, who is required to relinquish an item pursuant
to this provision, is not entitled to demand or condition the release
upon any reimbursement from the law enforcement agency, the owner
of the item, or the victim of the theft. A dealer who is himself or
herself a victim of a crime may seek restitution or reparation in
accordance with the New York State Penal Law.
A.
It shall
be the duty of every pawnbroker, secondhand dealer and jewelry and
coin exchange dealer to verify the identity of every person from whom
a purchase is made through acceptable photographic identification
(as detailed below) and to make and to keep a written record of the
nature of the evidence submitted by such person to prove identity.
The signature of the dealer shall be included in the recording of
each transaction.
B.
Only the
following shall be deemed acceptable evidence of identity: any official
document (except a social security account number card) issued by
the United States government, any state, county, municipality or subdivision
thereof, any public agency or department thereof, or any public or
private employer, which requires and bears the signature of the person
to whom issued.
C.
It shall
be the duty of every pawnbroker, secondhand dealer or jewelry and
coin exchange dealer to require that every person from whom any article,
jewelry or precious metal is purchased sign his/her name in the presence
of the pawnbroker, secondhand dealer or jewelry and coin exchange
dealer, and to compare the signature on the identifying document,
if any, and retain on said premises the person’s signature together
with the number and description of the identifying document, if any.
D.
If the
individual is acting as an agent for a principal, proof of the principal’s
true name, date of birth and residence address.
E.
It shall
further be the duty of every pawnbroker, secondhand dealer or jewelry
and coin exchange dealer to take, and maintain, a copy or digital
photo of the identification required by § 382-8B above.
F.
It shall
further be the duty of every pawnbroker, secondhand dealer or jewelry
and coin exchange dealer to take, and maintain, a digital photograph
of each article, jewelry or precious metal purchased. The photograph
must include the serial number and model number or product key if
the item(s) contain those features.
A.
Every pawnbroker,
secondhand dealer and jewelry and coin exchange dealer shall furnish
to the Monroe County Sheriff all information requested by such agency
relative to all records required to be kept under this chapter no
later than 48 hours after receipt of any item covered by this chapter
(generally herein, a “reportable transaction”). 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 Monroe 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 pawnbroker, secondhand dealer or jewelry and
coin exchange dealer upon receiving actual written or oral notice
of the similarity of description of such articles, such pawnbroker,
secondhand dealer or jewelry and coin exchange dealer shall immediately
give information relating thereto to the appropriate local law enforcement
agency. No disposition of such items shall be effected until authorization
to do so is given to such dealer by the appropriate local law enforcement
agency.
[Amended 10-10-2023 by L.L. No. 13-2023]
B.
Every dealer
covered by this chapter shall upload to the Monroe County Sheriff
electronic records of all reportable transactions. Each transaction
record shall contain all information required by this chapter and
shall be uploaded via Internet connection to an electronic reporting
service determined by the Monroe County Sheriff according to the following
procedures:
(1)
Using
point of sale software, all dealers covered by this chapter shall
review the compatibility of their software with the electronic reporting
service used by the Monroe County Sheriff, and dealers with compliant
point of sale software shall electronically upload all required information
from their point of sale software to the specified electronic reporting
service via Internet connection using the upload process or reporting
service; or
(2)
All
dealers covered by this chapter and using point of sale software noncompliant
with that utilized by the Monroe County Sheriff's office or not using
point of sale software shall manually enter all reportable transactions
into the electronic reporting service via Internet connection.
(3)
In
the event that any dealer covered by this chapter is unable to successfully
upload transaction records via the electronic reporting service within
the required 48 hours, the dealer shall, within 24 hours of the unsuccessful
upload, notify the Monroe County Sheriff of the reason for the submission
failure and provide the Monroe County Sheriff with an estimated time
of compliance. Under these circumstances, the dealer shall provide
the Monroe County Sheriff a daily electronic data table or spreadsheet
of all transactions that would otherwise have been submitted via the
electronic reporting service. This data shall either be hand delivered
or e-mailed to the Sheriff no later than one business day after the
transaction date.
C.
It shall further be the duty of every pawnbroker, secondhand dealer, or jewelry and coin exchange dealer to affix a tag to each article, jewelry or precious metal received or purchased by the dealer or otherwise in his or her possession. The tag will include the date and time of purchase of said article and will include a brief description of the article or a corresponding ticket number generated via the electronic reporting system required pursuant to this § 384-9.
[Added 10-10-2023 by L.L. No. 13-2023]
A.
A pawnbroker,
secondhand dealer, or jewelry and coin exchange dealer shall release
to the Monroe County Sheriff's office any item in the dealer’s
possession if:
[Amended 10-10-2023 by L.L. No. 13-2023]
(1)
The
item is established to be stolen;
(2)
The
owner of the item or the victim of the theft has positively identified
the item and provided an affidavit of ownership and made a report
of the theft to a law enforcement agency;
(3)
The
stolen property report describes the item by one or more of the following:
date, initials, an insurance record, a photograph, a sales receipt,
a serial number, specific damage, a statement of facts that show the
item is one of a kind or a unique engraving; and
(4)
The
dealer is given a receipt for the item released.
B.
When the
Monroe County Sheriff's office no longer needs an item for evidence,
it shall be returned to the owner.
[Amended 10-10-2023 by L.L. No. 13-2023]
In addition to the ability to suspend or revoke a permit pursuant to § 384-6K, any violation of the provisions of this chapter shall constitute an offense and shall be punished as follows:
A.
Criminal penalties. Any person, partnership, corporation or any other
legal entity, violating the provisions of this chapter or knowingly
failing to take action to prevent the violation of this chapter shall
be guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine not to exceed $200 for the first offense, $1,000
for the second offense, and $3,000 for each subsequent offense. Each
such violation shall constitute a separate and distinct offense.
B.
Any local law enforcement agency having jurisdiction shall have the
authority, pursuant to New York State Criminal Procedure Law, to issue
an appearance ticket subscribed by him/her directing a designated
person to appear in a designated local criminal court at a designated
future time in connection with the alleged violation of this chapter
or any order made hereunder.
C.
Civil penalties. Any person in violation of this chapter shall be
liable for a civil penalty of not more than $100 for the first offense,
$400 for a second offense, and $600 for a third offense. The Monroe
County's Sheriff's Office is authorized to compromise any
civil penalty. All civil penalties and all fines collected hereunder
shall be retained by the County of Monroe.
D.
In addition to the above-provided penalties and punishment, the Monroe
County Attorney also may maintain an action or proceeding in the name
of the County in a court of competent jurisdiction to compel compliance
with the provisions of this chapter or to restrain by injunction any
offense against this chapter.
E.
No remedy or penalty specified in this section shall be the exclusive
remedy or penalty available to address the violation of the chapter,
and each remedy or penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the other remedies
or penalties allowed under other applicable law.
F.
This chapter shall be enforced by any local law enforcement agency
having jurisdiction.
A.
If any
clause, sentence, paragraph, section or article of this chapter shall
be adjudged by any court of competent jurisdiction to be invalid,
such determination shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or article thereof directly involved in the proceeding
in which such adjudication shall have been rendered.
B.
This chapter
shall not supersede any similar legislation enacted by a local jurisdiction
within the County.
