[HISTORY: Adopted by the Town Board of the Town of Irondequoit 10-16-2014 by L.L. No.
2-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
165, Pawnbrokers, adopted 10-19-2010 by L.L. No. 2-2010.
The Town Board finds that:
A.
The creation of a Town-specific 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 the Town of Irondequoit.
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 the Town of Irondequoit and
is reasonable and appropriate for pawnbrokers, secondhand dealers
and jewelry and coin exchange dealers.
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.
The Town of Irondequoit Chief of Police or his/her designee
or representative.
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 the Town
of Irondequoit, including the sale, purchase, or exchange of such
goods from the Town of Irondequoit through Internet commerce sites.
Any person or business establishment which 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(1), 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 the Town of Irondequoit, including the purchase, sale,
exchange or pledge as security for a sum of money for or of such goods
from the Town of Irondequoit through Internet commerce sites.
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 by such dealer of any such articles, jewelry or precious
metals.
C.
When requested to do so by the Chief of Police 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
Chief of Police, the property shall be held for up to two additional
thirty-day periods.
D.
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
year.
E.
No dealer 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.
A.
Every pawnbroker, secondhand dealer and jewelry and coin exchange
dealer operating within the Town of Irondequoit is required to be
licensed according to this chapter. The Chief of Police 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 initial fee for the first issuance of a license to every pawnbroker,
secondhand dealer or jewelry and coin exchange dealer shall be $250.
The annual fee thereafter 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 from
the owner) on forms provided by and filed with the Town Clerk. 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 pawnbroker, secondhand dealer 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 Chief of Police 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.
(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 Chief of Police
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 the dealer's business may be made in any area of the premises.
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 Chief of Police 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 Chief of Police. 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 Correction
Law, the Chief of Police 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 one year
to any applicant that has been found guilty of operating a business
without a dealer's license when required under state or local
law.
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.
The Chief of Police may deny or revoke any license granted herein
in the following situations:
(1)
Where the dealer has made a false statement in connection with its
application; or
(2)
Where the dealer revokes the consent to examine such records and
items or refuses to allow inspection of its premises; or
(3)
Where the dealer has more than five violations in one inspection
or two convictions of a violation in the calendar year.
L.
The following entities are exempt from the licensing requirements
of this chapter:
(1)
Any 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, auctions,
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 or
sales by executors or administrators.
(6)
The sale of antiques by an antique dealer, or his/her employee or
associate, provided that 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 100% of its gross revenues are
related to items of clothing, shoes, and/or other wearable items (e.g.,
hats, scarves, belts) except for jewelry. 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 occasional sale, purchase or exchange of coins or stamps by a
person at his/her permanent residence who is engaged in the hobby
of collecting coins or stamps and who does not solicit the sale, purchase
or exchange of such coins or stamps to or from the general public
by billboard, sign, handbill, newspaper, magazine, radio, television,
Internet or other form of printed or electronic advertising.
(10)
Any store where 100% of its gross revenues comes from consignment.
Any 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.
(11)
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 revoked, the applicant or holder of the revoked license may, within
10 calendar days of notice of denial or revocation, request reconsideration
by the Chief of Police by providing him or her with any additional,
relevant information. The Chief of Police shall, within 10 calendar
days of receipt of the reconsideration materials, issue a final notice
of denial or revocation setting forth the grounds upon which the license
was either denied or revoked. Such final notice shall be transmitted
by certified or registered mail.
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."
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 Chief of Police.
D.
In the event the Irondequoit Police Department confiscates property
from a business covered under this chapter as evidence or for safekeeping
in an investigation or to return to an owner, the Irondequoit Police
Department 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 the Irondequoit
Police Department 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 any 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 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 § 165-6B 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 received or
purchased by the dealer or otherwise in his or her possession. The
photograph must include the serial number and model number or product
key if the item(s) contain those features.
G.
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 that will be generated via
the electronic reporting system.
A.
Every pawnbroker, secondhand dealer and jewelry and coin exchange
dealer shall furnish to the Chief of Police 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. 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 Chief of
Police. No disposition of such items shall be effected until authorization
to do so is given to such dealer by the Chief of Police.
B.
Every dealer covered by this chapter shall upload to the Chief of
Police 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 Chief of Police 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 Chief of Police, 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 Irondequoit Police Department
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 Chief of Police of the
reason for the submission failure and provide the Chief of Police
with an estimated time of compliance. Under these circumstances, the
dealer shall provide the Chief of Police 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 Chief of Police no later than
one business day after the transaction date.
A.
A dealer shall release to the Irondequoit Police Department any item
in the dealer's possession if:
(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 Irondequoit Police Department no longer needs an item for
evidence, it shall be returned to the owner.
Any violation of the provisions of this chapter shall constitute
an offense and shall be punished as follows:
A.
Any individual, partnership, corporation or any other legal entity
violating the provisions of this chapter or failing to take reasonable
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 member of the Town of Irondequoit Police Department 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.
In addition to the above-provided penalties and punishment, the Town
of Irondequoit also may maintain an action or proceeding in the name
of the Town 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.
D.
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. This chapter shall
be enforced by the Chief of Police.
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 is intended to supersede Chapter 384 of the Monroe County
Code entitled "Pawnbrokers, Secondhand Dealers and Jewelry and Coin
Exchange Dealers."
