[HISTORY: Adopted by the Town Board of the Town of Macedon 3-13-2015 by L.L. No. 3-2015 (Ch. 90 of the 1996 Code). Amendments noted where applicable.]
The Town Board finds that:
A.
The Chief of Police has reported that pawnbrokers, secondhand dealers,
consignment dealers, and jewelry and coin exchange dealers, without
regulation, may contribute to home invasions, burglaries, fencing,
drug use, and other criminal activity.
B.
The creation of a Town-specific licensing and reporting program for
personal property acquired by pawnbrokers, secondhand dealers, consignment
dealers, and jewelry and coin exchange dealers will curtail the distribution
and facilitate the recovery of stolen property, and minimize additional
criminal activity in the Town of Macedon.
C.
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 Macedon and is reasonable
and appropriate for pawnbrokers, secondhand dealers, consignment dealers,
and jewelry and coin exchange dealers.
As used in this chapter, the following terms have the following
definitions:
Such items or collectibles recognized as such by established
dealer associations within the industry.
The Town of Macedon Chief of Police or his/her designee or
representative.
An agreement, contract, or other arrangement whereby a person
or entity, the "consignor," delivers or causes to be delivered, goods
to a merchant, the "consignee," for purpose of sale, without transferring
ownership of said goods until the consignee completes the sale to
a third party, with the proceeds of said sale divided as agreed by
the consignor and consignee.
A business establishment in the sale of goods on consignment.
A license issued by the Town of Macedon Town Clerk to any
pawnbroker, secondhand dealer, consignment dealer, or jewelry and
coin exchange dealer pursuant to the provisions of this chapter, or
pursuant to L.L. No. 1 of 2015 while it remained in effect.
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 Macedon, including the sale, purchase, or exchange of such goods
from the Town of Macedon through Internet commerce sites.
A pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer duly issued a valid dealer's license, as
well as their operators, officers, employees, agents and assigns.
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, except clothing or books, that has
previously been bought or sold at retail or wholesale, 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 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 Macedon, including the purchase, sale,
exchange or pledge as security for a sum of money for or of such goods
from the Town of Macedon through Internet commerce sites.
A.
It shall be unlawful for a pawnbroker, secondhand dealer, consignment
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, consignment
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 acquisition by such dealer of any such articles, jewelry, or precious
metals.
C.
If so demanded, in writing, by the Chief of Police in connection
with a police investigation, a pawnbroker, secondhand dealer, consignment
dealer, or jewelry and coin exchange dealer shall not 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. The Chief of Police may demand, in writing,
that the property shall be held for up for a total of three thirty-day
periods.
D.
No pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer shall employ any person who has been convicted
within the previous 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 previous year.
E.
No pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer shall permit his or her place of business
to remain open for the transaction of business at any time except
between the hours of 8:00 a.m. and 11:00 p.m.
A.
Except as otherwise provided in Subsection L of this section, every pawnbroker, secondhand dealer, consignment dealer, and jewelry and coin exchange dealer operating within the Town of Macedon shall obtain and maintain a dealer's license and abide by the provisions of said license, this chapter, and any other applicable federal, state, and local laws, rules, and regulations. The Town Clerk shall be the licensing authority authorized to issue dealer's licenses.
B.
Dealer's licenses shall expire annually on December 31 of the year
for which said license was issued. To ensure sufficient time to issue
a dealer's license for the subsequent year before the existing dealer's
license expires, applications for renewal of a dealer's license for
the succeeding calendar year shall be submitted to the Town Clerk
no later than December 1.
C.
The initial fee for the first issuance of a dealer's license shall
be $250. The annual fee thereafter shall be $150. There shall be a
fee of $10 for replacement of a lost dealer's license.
D.
An application for a dealer's license shall be made by the owner
or operator on forms provided by and filed with the Town Clerk. The
application shall include the nature of the business to be conducted
on the premises, and relevant information relative to the owner, operator,
and/or employees, as follows:
(1)
If a pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer employs over five people at a location, the
application shall provide the employees' names, dates of birth, and
dates of employment and affirm that the same shall be kept up-to-date
and made available for inspection by the Chief of Police for one year
following the end of the employee's employment with the dealer.
[Amended 6-25-2020 by L.L. No. 3-2020]
(2)
Where the owner is not directly involved with the day-to-day operation
of said business or the owner is a business entity rather than an
individual, the application shall designate an operator who is involved
in the day-to-day operation of the business and include the names,
home addresses, and phone numbers of any business partners, officers
or principals.
(3)
The application shall also set forth the legal address of the premises
where such business is to be carried out and whether the applicant
or any officer or operator has previously been involved in the purchase
or sale of secondhand goods and, if so, the name of said previous
business, its location and the dates of the applicant's affiliation
with said business. The application shall be signed and sworn to before
a notary public or other official authorized to administer oaths in
the State of New York.
(4)
The application shall also set forth any and all e-commerce websites,
including Internet storefronts and third-party sales outlets, as well
as any and all written or electronic classified advertisements. The
application shall further set forth any and all seller names or otherwise
identifying names used by the applicant 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 the applicant's proposed business premises
during normal business hours for inspection. After a dealer's license
has been issued, the Chief of Police shall have the right to enter
upon such premises to ensure compliance with any applicable federal,
state, or local laws, ordinances, rules or regulations relating to
secondhand businesses required to be licensed under this chapter.
F.
Any change in circumstances relative to any information required
to be disclosed by the applicant on the dealer's license application
occurring after the application has been filed shall be reported by
the applicant or licensee, in writing, to the Town Clerk within 10
days of the change.
G.
All applications for a dealer's license shall be issued or denied
within 30 days after a complete and duly executed application has
been received by the Town Clerk. The applicant shall be notified,
in writing, of any delay due to an incomplete application, pending
investigation, or other reasonable cause.
H.
Except as provided in Article 23-A of the New York State Correction
Law, the Town Clerk 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 or entity convicted of a felony (other than those
defined by the Vehicle and Traffic Law) shall be eligible for a dealer's
license pursuant to this chapter regardless of whether said felony
conviction is related to the operation of the business.
I.
The Town Clerk shall be prohibited, for a period of one year, from
issuing a dealer's license to any applicant that has been found guilty
of operating a business without a dealer's license when required under
this or any other federal, 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 on behalf
of an existing licensee.
K.
The Town Clerk may deny or revoke any dealer's license for the following
reasons:
(1)
The pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer has made a false statement in connection
with its application; or
(2)
The pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer revokes the consent to examine records and
items or refuses to allow inspection of its premises.
L.
The following entities or transactions are exempt from the licensing
requirements of this section:
(1)
Any dealer that is exempt from taxation under § 501(c)(3)
or § 501(c)(4) of the Internal Revenue Code.
(2)
Any person operating a garage sale, basement sale, porch sale, yard
sale, auction, or other such event where a person desires to sell
or trade his or her personal used items, household goods, furniture
or equipment upon his or her premises which is not a regular place
of business for the purchase or sale of secondhand items. No more
than three such sales shall be conducted by the same person(s) or
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 on behalf of an estate.
(6)
Any sale of antiques by an antique dealer, or his/her employee or
associate, provided the antique dealer:
(a)
Has an established antique business 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)
Any 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, shoes, and/or other wearable items
(e.g., hats, scarfs, belts), except for jewelry, provided any of its
remaining gross revenues are not derived from the sale of secondhand
items or otherwise require a license under this chapter. 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 for from the general public
by billboard, sign, handbill, newspaper, magazine, radio, television,
Internet or other form of printed or electronic advertising.
(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 dealer's license is denied, or an existing
dealer's license is revoked, the applicant or original holder of the
revoked license may, within 10 calendar days of notice of denial or
revocation, request reconsideration by the Town Clerk, under the advisement
of the Chief of Police, by providing him or her with any additional,
relevant information. The Town Clerk 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.
N.
Pawnbrokers, secondhand dealers, consignment dealers, or jewelry and coin exchange dealers who, following the adoption of L.L. No. 1 of 2015, obtained a dealer's license or whose application for a dealer's license remains pending, shall not be required to submit an application under this chapter until seeking renewal in accordance with Subsection B of this section.
O.
Consignment dealers originally exempt under L.L. No. 1 of 2015 shall
have 30 days from the effective date of this chapter to submit an
application for a dealer's license and may continue to operate, subject
to the rules and regulations contained in this chapter, while their
application remains pending.
A.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
shall comply with all provisions of federal, state, and local laws,
ordinances, rules and regulations, including, but not limited to,
Article 5 of the New York State General Business Law, relating to
the conduct of said businesses and occupation, use and maintenance
of the premises and shall ensure that all of their employees and agents
do also.
B.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
shall cause their dealer's license to be posted in a conspicuous place
immediately visible upon entering the business establishment.
C.
If a pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer required to be licensed under this chapter
has reason to believe that an item has been stolen or acquired by
dishonest means, they shall immediately report the same to the Chief
of Police.
D.
In the event the Macedon Police Department or any law enforcement
agency confiscates property from a pawnbroker, secondhand dealer,
consignment dealer, or jewelry and coin exchange dealer required to
be licensed under this chapter, as evidence or for safekeeping during
an investigation, or to return to an owner, the Macedon Police Department
or law enforcement agency shall issue a receipt to the business setting
forth a crime report number which references the investigation.
E.
A pawnbroker, secondhand dealer, consignment dealer, or jewelry and
coin exchange dealer, who is required to relinquish an item pursuant
to this section, shall not be 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.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
shall verify the identity of every person from whom a purchase or
sale 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. All such records
shall contain the signature of the individual responsible for processing
and recording said transaction on behalf of the dealer.
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.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
shall require that every person from whom any article, jewelry or
precious metal is purchased sign his/her name in the presence of said
dealer, and to compare the signature on the identifying document,
and retain on said premises the person's signature together with the
number and description of the identifying document, if any.
D.
If an individual executing a purchase or sale is acting as an agent
for a principal, the pawnbroker, secondhand dealer, consignment dealer,
or jewelry and coin exchange dealer shall require proof of the principal's
true name, date of birth and residence address.
E.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
shall create and maintain a copy or digital photo of the identification
required in this section.
F.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
shall create 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(s) those features.
A.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
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
of jewelry or precious metals shall be advertised in any newspaper
printed in the County of Wayne 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, consignment dealer, or jewelry and coin exchange dealer upon
receiving actual written or oral notice of the similarity of description
of such articles, such dealer shall immediately report any information
relating thereto to the Chief of Police. No such items shall be disposed
by the dealer until authorized by the Chief of Police.
[Amended 6-25-2020 by L.L. No. 3-2020]
B.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under 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)
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers who utilize point-of-sale software, compatible
with the electronic reporting service used by the Macedon Police Department,
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.
(2)
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers who utilize point-of-sale software incompatible
with the electronic reporting service used by the Macedon Police Department
or do not utilize any point of sale software shall manually enter
all reportable transactions into the electronic reporting service
via Internet connection.
(3)
In the event a pawnbroker, secondhand dealer, consignment dealer,
or jewelry and coin exchange dealer 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 unsuccessful
upload.
A.
All pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers required to be licensed under this chapter
shall release to the Macedon Police Department any item in their possession
if:
(1)
There is reasonable cause to believe that the item is 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 pawnbroker, secondhand dealer, consignment dealer or jewelry
and coin exchange dealer is given a receipt for the item released.
B.
When the Macedon Police Department no longer needs an item for evidence,
it shall promptly be returned to the owner.
A.
Any violation of the provisions of this section shall constitute
an offense punishable as follows:
(1)
The first offense is a violation punishable by a fine not to exceed
$250.
(2)
The second offense is a misdemeanor punishable by a sentence of imprisonment
not to exceed 30 days and/or fine not to exceed $1,000.
(3)
The third offense is a misdemeanor punishable by a sentence of imprisonment
not to exceed one year and/or fine not to exceed $3,000.
B.
If the sentence is to be imposed on a corporation, the Court shall
have the discretion, pursuant to Penal Law § 80.10, Subdivision
2(b), to impose a fine in lieu of the amounts specified above, not
exceeding double the amount of the corporation's gain from the commission
of the offense.
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.
