[HISTORY: Adopted by the Common Council of the City of Plattsburgh 1-13-1983 (Ch. 209 of the 1989 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, member of a firm or corporation who shall loan
money on deposit or pledge of personal property other than earnings,
securities or evidences of indebtedness.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The City Clerk may grant to any person who shall produce evidence
of good character a license to carry on the business of pawnbroker
within the City, upon payment of a sum as set from time to time by
the Common Council by resolution and the execution of a bond to the
City in the penal sum of $10,000 with two sureties or corporate surety
to be approved by the City Clerk conditioned for the faithful observance
of the ordinances of the City then in force or thereafter enacted
relating to pawnbrokers and the payment of all damages incurred as
such pawnbroker.
Actions upon the bond shall be in accordance with the provisions
of Article 5 of the General Business Law of the State of New York.
It shall be the duty of the City Clerk to pay to the City Chamberlain
on the first day of each month all moneys received for licenses granted
hereunder and report to the Common Council at a regular meeting the
licenses granted during the preceding month and the amounts received
therefor.
Each license granted hereunder shall designate the building
in which the licensee shall be authorized to act as pawnbroker and
said business shall not be carried on in any other place than the
one so designated without the written consent of the City Clerk endorsed
on said license. Each such license shall be for a period of one year
and shall expire on the anniversary of the date of its issue.
Every person carrying on the business of a pawnbroker within
the City of Plattsburgh, New York, shall place or suspend in a conspicuous
manner in front of his place of business a sign with his name and
the words "licensed pawnbroker" thereon.
Every person carrying on the business of a pawnbroker in the
City of Plattsburgh, New York, shall report daily in writing to the
Chief of Police, on blank forms to be furnished by the Police Department,
a description of all articles pledged or purchased by said pawnbroker
during the preceding day, together with the number of pawn tickets
issued therefor, the amount loaned thereon and the name, residence
and description of the person making the pledge. The contents of such
report shall not be communicated to any person for the purpose of
publication, but shall be used expressly for the purpose of protecting
the public. No person shall make any false entry in such report and
whenever the Chief of Police shall notify any pawnbroker not to sell
or permit to be redeemed any property so received on deposit, such
property shall not be sold or permitted to be redeemed until the Chief
of Police shall so direct.
A.
Required; contents. Every pawnbroker within the City shall keep a
book in which shall be legibly written, in ink, at the time any loan
is made, an account and description of the articles pawned or purchased,
the amount of money loaned thereon, the time of pawning or purchasing
the same, the rate of interest to be paid on such loan and the name,
residence and a general description of the person pawning or selling
said personal property, and a notation of whether the pledgor claims
to be the owner, consignee or agent of the owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Access to records. The said book shall be opened and goods exposed
at all reasonable times to the inspection of the City Clerk, Corporation
Counsel, Chief of Police, City Detective or any person duly authorized
in writing by any of them for that purpose.
C.
Memorandum. Every such pawnbroker, at the time any loan is made,
shall deliver to the person pledging any personal property a memorandum
signed by him, containing the substance of the entry required to be
made as aforesaid, and no charge shall be made by any pawnbroker for
such entry or memorandum.
No person shall transact business as a pawnbroker within the
City, except between the hours of 7:00 a.m. and 10:00 p.m., except
Saturdays, when business may be transacted between the hours of 7:00
a.m. and 12:00 midnight; and such business shall not be transacted
on Sunday.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No pawnbroker or person in the employ of a pawnbroker within
the City shall in any manner receive any personal property in pledge
from any minor, actually or apparently under the age of 18 years,
intoxicated person, habitual drunkard or notorious thief, known by
him to be such, nor shall such pawnbroker employ any person as an
assistant in such business who is under 16 years of age.
No pawnbroker within the City shall sell any article received
by him in pledge before the time to redeem the same has expired, nor
willfully disclose the name of the purchaser nor the price paid for
any article sold, and no pawnbroker shall sell any pawn or pledge
until the same shall remain six months in his possession.
No pawnbroker within the City who has received any stolen goods
shall refuse to exhibit them during the regular business hours to
the owner of said goods or his authorized agent at the written order
of the Chief of Police.
Every pawnbroker shall conduct business in accordance with the
provisions of Article 5 of the General Business Law of the State of
New York, and in the event that any provision hereof is in conflict
with the provisions of Article 5 of the General Business Law, the
provisions of Article 5 of the General Business Law shall control.
[Amended 10-5-1989 by L.L. No. 4-1989; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person violating the provisions of this chapter shall, upon
conviction thereof, be subject to a fine of not less than $25 nor
more than $100 for each day or part thereof that such violation occurs.
