[HISTORY: Adopted by the Board of Trustees of the Village of East Syracuse 5-4-2009 by L.L. No. 1-2009 (§ 715 of the 2003 Code). Amendments noted where applicable.]
No person shall conduct a pawnbroker's, or similar, business in the Village without obtaining a license.
The annual license fee for pawnbrokers will be the sum of $500, and the Mayor shall be satisfied that such person is a proper person to conduct such business before such license shall be issued.
Licenses for pawnbrokers shall be subjected to the following regulations:
A. 
Every transaction conducted by the licensee shall, at the time of the loan, be recorded in legible English in a suitable book which he shall keep for the purpose. This record shall show a reasonably accurate description of the goods or articles pawned and the following:
(1) 
The amount of money loaned;
(2) 
The date of the receipt of the pledge;
(3) 
The rate of interest charged, if other than the legal rate; and
(4) 
The name and residence given by the person pawning or pledging such goods, articles or things.
B. 
Every pawnbroker shall, at such times as may be prescribed in the license, report to the Police Department on blanks furnished by it a description of goods and articles pawned in the regular course of business during the time specified in the form, the amount loaned thereon and such identifying marks as may be on the goods pawned.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
A. 
There is no control in the Village of East Syracuse governing the activities of those persons engaged in the business of buying and selling secondhand merchandise. Some of these dealers represent to those persons involved in crime an opportunity to dispose of stolen property. If the law enforcement agencies are to function, a local law regulating these secondhand establishments is necessary.
B. 
The ease with which some secondhand dealers buy and dispose of personal property indicates the need for the enactment of laws to control and regulate their everyday business transactions. A few of the dealers require scant or very often no identification when purchasing personal property and rarely, if ever, is proof of ownership requested.
C. 
It is a fact that secondhand dealers are not required at the present time to forward reports of acquired used property to any police agencies. With the passage of this article, reports would be required from dealers in secondhand jewelry, marine equipment, antiques, cameras, coins, stamps, musical instruments, firearms and televisions, as well as stereophonic equipment. As a result of the reporting, there would be a marked increase in the number of restitutions for the sole reason that now these merchants would be committed to keeping accurate records of the used property purchased and disposed of, by forwarding the proper reports to the police, on a daily basis, at the close of each business day.
D. 
This problem involving stolen property is not confined solely to the small dealers. Some of the very largest retailers in the nation buy large quantities of old gold, jewelry and diamond and forward not one single report of purchase to any police agency in the county. The scope for the exploitation of stolen property is further broadened due to the operations of these merchandising giants.
E. 
For small or large business enterprises to be allowed to continue to operate without laws to control and regulate the purchase of secondhand articles not only jeopardizes the property rights of many people but extremely hampers the police agencies in their efforts to recover stolen property and identify suspects.
A. 
The security involved in the handling of secondhand property has become a matter of concern to the police agencies charged with the duty and responsibility therein. The increase in the incident of property thefts, the widespread use of alcohol and drugs, the decline in the value of the dollar, the increase in price of gold and diamonds and the specter of inflation where barter becomes more a reality all point to the imperative that the best interests of the people of the Village of East Syracuse would be served by the enactment of this article.
B. 
This article will ensure a dramatic rise in the percentage of the stolen property recovered, an increase in the probability that the general public will receive a fairer deal in their business transactions and will better the means to allow the police agencies to obtain more information necessary to apprehend perpetrators of crimes associated with the theft of property. Thereby, the public health, morals and general welfare of the Village of East Syracuse will be protected and promoted.
As used in this article, the following terms shall have the meanings indicated:
DEALER IN SECONDHAND ARTICLES
Any person who in any way, as principal, broker, or agent:
A. 
Deals in the commercial purchase or sale of secondhand articles for any purpose and of whatever nature, including, but not limited to, old gold or other precious metals, coins, stamps or currency, firearms, rifles, shotguns, cameras, business machines, musical instruments, outboard motors, household appliances, dishware and flatware, sporting equipment, collectables, or electronic equipment.
B. 
Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise.
C. 
Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.
Nothing in this article shall be construed to apply to:
A. 
Automobiles, pianos, books, magazines, rugs, tapestries, artist's burlaps, paintings, sculpture, drawings, etchings, and engravings.
B. 
The first purchase or sale in the country of any imported secondhand article.
C. 
The acceptance or receipt of merchandise in a new condition as a return, exchange or for credit or refund, if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same nor any resale of such merchandise as new merchandise or the first subsequent nonretail sale or exchange of such merchandise as used merchandise.
D. 
The acceptance or receipt of merchandise in a used condition as a return, trade-in, exchange or for credit or refund, if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same nor the first subsequent nonretail sale or exchange of such merchandise.
E. 
The first sale, at retail, of merchandise which has been rebuilt by the manufacturer or vendor originally manufacturing it, or the licensed agents thereof, and sold as factory rebuilt merchandise.
F. 
A thrift shop, as defined to be so classified under the United States Internal Revenue Code, entitled to an exemption as an eleemosynary corporation or institution.
G. 
Antiques, which shall mean secondhand articles over 50 years of age, having a value of less than $250 and void of any means of identification. "Identification" shall mean articles which are serialized, monogrammed, initialed or distinctly marked.
The burden of proof that an article was originally purchased from the person accepting or receiving it, that it was the first subsequent sale or exchange thereof to a person other than an ultimate consumer or that it was a first sale at retail of such factory rebuilt merchandise shall be upon the person asserting the same. Evidence of an existing trade practice in the Village of East Syracuse, if any, shall be admissible for the purpose of determining whether or not merchandise is in new or used condition.
In interpreting and applying the provisions of this article, the rule of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this article shall be observed. All provisions shall be:
A. 
Considered as minimum requirements.
B. 
Deemed neither to limit nor repeal any other powers granted to the Village of East Syracuse under New York State statutes.
This article shall not create any liability on the part of the Village of East Syracuse, its officers, agents or employees, or the Onondaga County Police Department, its officers, agents or employees, for any act or damage caused as a result of reliance on this article or any administrative decision lawfully made hereunder.
It shall be unlawful for any person to act as a dealer in secondhand articles without a license therefor.
A. 
There shall be three types of licenses:
(1) 
General license.
(2) 
Management license.
(3) 
Exposition license.
B. 
A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles, other than secondhand automobile, within the Village of East Syracuse during the license period specified in § 244-16 of this chapter.
C. 
A management license shall authorize the licensee, who is not a dealer in antiques or unique secondhand articles, to operate and manage an antique or unique secondhand articles exposition where such antiques or unique secondhand articles are sold at any fair, show or exhibit or any place where this merchandise is offered for sale within the Village of East Syracuse during a period of one month from the date of issuance of such license.
D. 
An exposition license shall authorize a dealer in antiques or unique secondhand articles who maintains no place of business within the Village of East Syracuse to exhibit and sell such articles at any fair, show or exposition within the Village of East Syracuse during a period of one month from the date of issuance of such license.
A. 
Each dealer securing a general license shall furnish a bond to the Village of East Syracuse, with sufficient surety to be approved by the Village Clerk in the penal sum of $10,000, conditioned for the due observance of the law relating to such dealers.
B. 
Each manager of an antique or unique articles exposition shall furnish a bond to the Village of East Syracuse, with sufficient surety to be approved by the Village Clerk in the penal sum of $2,000, conditioned for the due observance of the law relating to dealers who are exhibitors at the exposition.
The annual license fees for licenses shall be as follows:
A. 
A general license or management license fee shall be $500.
B. 
An exposition license fee shall be $200.
A. 
All general licenses shall expire on the first day of April next succeeding the date of issuance thereof, unless sooner revoked or suspended.
B. 
A new application for license must be made yearly if the licensee desires to continue such activity.
All licenses shall be placed and at all times displayed in a conspicuous place at the licensee's place of activity or business for which it is issued.
All licenses are personal with the licensees. It does not go with title to the land nor may it be sold, assigned, transferred or disposed of.
Any license may be revoked or suspended by the Board of Trustees of the Village of East Syracuse after a hearing thereon pursuant to the provisions of § 244-42 herein, at which time the licensee shall have an opportunity to be heard.
The granting, refusal, revocation or suspension of any license by the Village Board shall be subject to review by a certiorari after the applicant or licensee has exhausted all administrative remedies.
Applicants for a license under this article must file with the Village Clerk of the Village of East Syracuse an application, supplied by the Village Clerk, containing the following information:
A. 
The name and description of the applicant.
(1) 
Individuals operating under a trade name must present a certified copy of the trade name certificate filed in the Onondaga County Clerk's office.
(2) 
A partnership conducting business, whether or not under a trade name, must submit a certified copy of the partnership certificate filed in the Onondaga County Clerk's office when partnership was formed.
(3) 
A corporation must furnish a photostatic copy of the filing receipt for the certificate of incorporation from the New York State Secretary of State.
(4) 
A corporation from outside New York State must furnish a copy of its application for authority to do business in New York State from New York State Secretary of State.
B. 
The address of the applicant (local and legal).
C. 
That the applicant is of legal age.
D. 
That the applicant is a citizen of the United States and whether citizenship was obtained by birth or naturalization and, if by naturalization, the date and place where obtained. The naturalization certificate or permanent Board of Elections personal registration card may be used as proof of citizenship.
E. 
A statement as to whether or not the applicant has ever been convicted of or is now under charge of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor and such other facts or evidence as is deemed necessary to establish that the applicant is a person fit and capable of properly conducting the activity or business for which the license is sought.
F. 
A description of the exact type of business the applicant intends to conduct.
G. 
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land.
H. 
Two photographs of the applicant, taken not more than 60 days prior to the filing of the application, which photographs shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; two photographs and fingerprints are required of each individual applicant; two photographs and fingerprints are required of each partner; no photographs are required of corporate applicants, but all officers must be fingerprinted, as well as any stockholder or 10% or more of the stock.
I. 
If the applicant is a corporation, name, address and title of the officer of corporation upon whom the process or other legal notices may be served.
J. 
A copy of the applicant's fingerprints shall be mailed to the Division of Criminal Justice Services, Albany, New York, requesting a fingerprint search. The Village Clerk shall secure from the applicant the required fee in the form of a check or money order made payable to the New York State Division of Criminal Justice Services.
A. 
Upon receipt of the license application and upon approval by the Village Clerk of the Village of East Syracuse and the payment of the prescribed fees and bonds required by the applicant, the Village Clerk shall prepare and deliver to the applicant his license.
B. 
Every license issued hereunder shall be signed at the direction and in the name of the Village Clerk and sealed with the Seal of the Village of East Syracuse.
The Village Clerk shall keep a record of all licenses issued, as well as any other matters described herein.
No license shall be granted under this article to any dealer in secondhand articles:
A. 
Who has been convicted of any offense which under the laws of the State of New York constitutes a crime involving moral turpitude.
B. 
Who has been found by any court of the state to have practiced any fraud, deceit or misrepresentation in the conduct of the secondhand dealer business unless the Village Clerk, after the Board of Trustees' approval, shall decide in any particular case upon the facts there presented that it is proper to issue the license applied for.
C. 
Whose license under this article has been revoked at any time during the year prior to the time of the application for the license.
D. 
Whose license has been suspended under this article and the period of such suspension has not expired at the time of this application for the license.
A. 
Every dealer in secondhand articles shall furnish to the Chief of Police, or his agent, at such times, in such manner and at such intervals as shall be specified by the Chief of Police, all information requested by the Chief of Police relative to all records required to be kept under this article.
B. 
Duly licensed dealers in antiques shall furnish daily reports of purchases of secondhand articles within 72 hours.
It shall be unlawful for any dealer in secondhand articles to engage in selling activities at any place other than the place of business designated in such license.
It shall be unlawful for any dealer in secondhand articles to purchase any secondhand goods or things from any person whom he knows to be or has reason to believe is a minor.
With the exception of duly licensed dealers in antiques, it shall be unlawful for any dealer in secondhand articles to purchase any secondhand goods or articles from any person between the hours of 8:00 p.m. and 8:00 a.m.
It shall be unlawful for any dealer in secondhand articles to sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly licensed by the Village of East Syracuse, until the expiration of 15 business days after the acquisition by such dealer of such articles. Duly licensed dealers in antiques may sell or dispose of secondhand articles for a period of time less than the expiration of said 15 days mentioned above, provided that the required record of purchases and sales is met pursuant to § 244-35.
It shall be unlawful for any dealer in secondhand articles to be licensed as a pawnbroker or to engage in the business of a pawnbroker, nor shall any sign or emblem be displayed by any dealer in or about the premises where such business is conducted which in any way resembles the sign or emblem commonly used by pawnbrokers, or which is intended to give the appearance that the business conducted on such premises is or is connected with the business of a pawnbroker.
It shall be unlawful for any person licensed as a secondhand dealer to deal in the purchase or sale of any junk, old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging, slush, or empty bottles, or employ or use a boat, cart, or other vehicle for the purpose of collecting any such things or materials, unless he is also licensed as a junk dealer thereof, as provided for in and pursuant to Chapter 210, Junk Dealers.
It shall be unlawful for any person licensed as a secondhand dealer to deal in the purchase or sale of secondhand motor vehicles or parts therefrom, the processing of used metals for resale and the dumping, storage, burning and disposal of waste, secondhand or used materials or whatever composition.
Every person licensed as a dealer in secondhand articles who also sells new articles within the licensed premises shall label all new articles in such manner that the public will be informed of the nature of such articles.
A. 
If any articles shall be advertised in any newspaper printed in the County of Onondaga as having been lost or stolen, and if any goods or articles answering such advertised description or any part thereof shall be in or come into the possession of any dealer in secondhand articles, upon receiving actual written or oral notice of the similarity of description of such articles, such dealer shall immediately give information relating thereto to the Chief of Police of the Village of East Syracuse, or his agent. No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by the Chief of Police, or his authorized agent. A dealer in secondhand articles, when notified by the Chief of Police, or his agent, that property in his possession is stolen or alleged to be stolen, shall take immediate steps to secure that property, and it shall be marked "police stop." Thereafter, such property shall not be sold or removed from the premises until notification is made to the dealer, in writing, by the Chief of Police, or his agent, allowing such removal or sale.
B. 
Every dealer in secondhand articles who shall have or receive any articles alleged or supposed to have been lost or stolen shall exhibit the same, on demand, to the Chief of Police, or any authorized inspector of licenses, to any police officer or any person duly authorized, in writing, by the Chief of Police to examine such articles, who shall exhibit such written authority to the dealer.
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the Chief of Police, of consecutively numbered transactions, in which shall be legibly written in English, at the time of every purchase or sale to or from a person other than a dealer in secondhand articles, a description of every secondhand article so purchased or sold, the number or numbers and any monograms, inscriptions or other marks of identification that may appear on such article, a description of articles or pieces comprising old gold, silver, platinum, other metals or coins, stamps, or currency and any monogram, inscriptions or marks of identification thereon, the name and residence address of the person from whom such purchase was made and the day and hour of the purchase.
A. 
Every dealer in secondhand articles who receives secondhand articles on consignment shall keep a record, in the above-prescribed book, describing the articles and the name and description of the person or dealer such items are received from.
B. 
As between dealers, all transactions shall be recorded, in the above prescribed book, and legible records kept describing the articles, including a detailed description of all jewelry and costume jewelry.
C. 
Such books shall be kept on the business premises of the secondhand dealership or at the place designated on the duly approved license, at all times during normal business hours. Such books shall be open to the inspection of any police officer, to the Chief of Police or any inspector of licenses, or any person duly authorized, in writing, for such purposes by the Chief of Police who shall exhibit such written authority to the dealer.
D. 
Duly licensed dealers in antique articles shall keep a record of bulk purchases in the bound book, noting the invoice number on each bulk purchase. All identifiable secondhand articles which are part of the bulk purchase shall be entered individually in the ledger book and reported individually to the Village of East Syracuse police within 72 hours after such bulk purchase.
A. 
It shall be the duty of every secondhand dealer to verify the identity of every person from whom he purchases an article and to make and keep a written record of the nature of the evidence submitted by such person to prove his identity.
B. 
Only the following shall be deemed acceptable evidence of identity:
(1) 
Any official document of 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.
(2) 
Other identification documentation which, under the circumstances of any particular purchase, would lead a reasonable man to believe to be accurate and reliable, when identification under Subsection B(1) hereof is not available.
C. 
It shall be the duty of every dealer in secondhand articles to require that every person from whom an article is purchased sign his name in the presence of the secondhand dealer, and to compare the signature with the signature on the identifying document, if any, and retain on his premises the person's signature, together with the number and description of the identifying document, if any.
A. 
A failure to comply with the provisions of §§ 244-14 and 244-15 hereof shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed one year, or by both such fine and imprisonment.
B. 
A failure to comply with the other parts of this article shall constitute a violation and shall be punishable by a fine not exceeding $2,500 or imprisonment for a period not exceeding 15 days or both such fine and imprisonment. The continuation of an offense shall constitute a separate and distinct violation hereunder for each day the offense is continued.
C. 
In addition to the penalties provided above, any offense against the provisions of this article shall subject the person committing the offense to civil penalty in the amount of not less than $100 nor more than $1,000 for each day that the offense shall continue, collectible by and in the name of the Village of East Syracuse.
D. 
Conviction of any offense against the provisions of this article shall constitute and effect an immediate forfeiture of the license.
E. 
In addition to the above-provided penalties and punishment, the Board of Trustees also may maintain an action or proceeding in the name of the Village of East Syracuse in a court of competent jurisdiction to compel compliance with the provisions of this article or to restrain by injunction an offense against this article.
It shall be duty of any police officer of the Village of East Syracuse to require any person seen dealing in secondhand articles, and who is not known by such police officer to be duly licensed, to produce or display his secondhand dealer's license and to enforce the provisions of this article against any person found to be violating the same.
The Village Clerk of the Village of East Syracuse shall record all convictions for violation of this article which are officially brought to her attention by any authorized agency or person.
A. 
A license issued under the provisions of this article may be revoked or suspended by the Village Clerk after notice for any of the following causes:
(1) 
Fraud, misrepresentation or a false statement contained in the application for the license.
(2) 
Any violation of this article.
(3) 
Conviction of any crime or offense involving moral turpitude.
(4) 
Conducting the activity as a dealer in secondhand articles in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of revocation or suspension of a license shall be given in writing, setting forth specifically the grounds of the complaint. Such notice shall be mailed, postage prepaid, to the licensee at his last known address, in accordance with § 244-42 hereof.
A. 
The holder of any license which has been suspended or revoked and any applicant who shall have been denied a license under this article may apply for a review of the action of the Village Clerk as hereinafter provided.
(1) 
Such application shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the Village Clerk was erroneous.
(2) 
Such application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of his application or notice of suspension or revocation of his license by the Village Clerk has been mailed to him or delivered to him in person.
(3) 
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 244-42 hereof.
(4) 
At such hearing, the Board of Trustees shall consider the applicant's application upon the record before the Village Clerk in connection with the Village Clerk's consideration thereof and, in its discretion, receive new or additional evidence in support thereof or in opposition thereto.
B. 
The Board of Trustees, after such hearing, may affirm the action of the Village Clerk or direct the Village Clerk to issue a proper license pursuant to this article.
Whenever it shall be provided herein that a hearing shall or may be held with respect to any matter:
A. 
Such hearing shall be held on a date and at a place and hour designated by the Board of Trustees.
B. 
The Village Clerk shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown on the most recent application of such applicant or licensee, at least 10 days before such hearing.
C. 
If an applicant or license holder requests a hearing, the Board of Trustees shall designate two or more members of the Board to conduct said hearing.
D. 
The applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
E. 
All witnesses shall be sworn and examined under oath.