[HISTORY: Adopted by the Council of the City
of New Rochelle as Secs. 6-19 through 6-19.07 of the 1965 General
Ordinances; amended in its entirety at time of adoption of Code; see
Ch. 1, General Provisions. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who:
Loans money on deposit or pledge of personal
property, other than securities or printed evidence of indebtedness;
Deals in the purchasing of personal property
on condition of selling back at a stipulated price; or
Designates or does business as furniture storage
warehouseman, and loans and advances money upon goods, wares or merchandise
pledged or deposited as collateral security.
No person shall conduct the business of a pawnbroker
or collateral loan broker without having obtained a license therefor
from the City Clerk.
The annual license fee for each pawnbroker or collateral loan broker shall be as set forth in Chapter 133, Fees, and every such pawnbroker or collateral loan broker shall give a bond to the City with at least two sufficient sureties who shall be residents and freeholders of the City or of a surety company to be approved by the City Clerk in the penal sum of $1,000, conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed.
Before said license shall be issued, the application
shall be approved in writing as to the character of the applicant
by the Commissioner of Police.
All licenses issued pursuant to this chapter
shall be for the period of one year, said period starting at any time
and terminating one year therefrom.
A.
Entries to be made in book. Every pawnbroker or collateral
loan broker shall keep a book in which shall be legibly written, at
the time of such loan, an account and description of the goods, articles
or things pawned or pledged, the amount of money loaned thereon, the
time of the pledging the same, the rate of interest to be paid on
said loan and the name and residence of the person pawning or pledging
the said goods, articles or things.
B.
Memorandum to be given. Every pawnbroker or collateral
loan broker shall, at the time of each loan, deliver to the person
pawning or pledging any goods, articles or things a memorandum or
note signed by him containing the substance of the entry required
to be made in his book by this section, and no charge shall be made
or received by any pawnbroker or collateral loan broker for any such
entry, memorandum or note. The holder of such memorandum or note shall
be presumed to be the person entitled to redeem the pledge, and the
pawnbroker or collateral loan broker shall deliver such article to
the person so presenting such memorandum or note on payment of principal
and interest. Should such ticket be lost or mislaid, the pawner shall
at once apply to the pawnbroker or collateral loan broker, in which
case it shall be the duty of the pawnbroker or collateral loan broker
to permit such person to examine his books and on finding the entry
for said ticket, note or memorandum so lost, and upon his giving to
the pawnbroker or collateral loan broker an exact description of the
article pawned, the pawnbroker or collateral loan broker shall issue
a second or stop ticket for the same. In case such pawner neglects
to so apply and examine said books and receive such memorandum or
note in the manner above-stated, the pawnbroker or collateral loan
broker will be bound to deliver the pledge to any person producing
such ticket for the redemption thereof. This section is not to be
construed as in any manner limiting or affecting such pawnbroker's
or collateral loan broker's common law liability in cases where goods
are stolen or other legal defects of title exist in the pledger.
In the application for the license, the applicant
shall designate the place where he intends to carry on the business
of pawnbroker or collateral loan broker, and the license shall designate
said place of business, and no pawnbroker or collateral loan broker
shall carry on business in any other place than the one designated
in said license. The license shall be prominently displayed in said
place of business.
No pawnbroker or collateral loan broker shall
purchase any secondhand furniture, metals, clothing or other article
or thing whatever offered to him as a pawn or pledge, nor shall he
engage in any secondhand or junk business, nor receive in pawn or
as a pledge any instrument or weapon mentioned in § 265.00
of the Penal Law of the State of New York.
A.
Sale prohibited within one year. No pawnbroker or
collateral loan broker shall sell any pawn or pledge until the same
shall have remained one year in his possession, and all such sales
shall be held at public auction and not otherwise and shall be conducted
by a licensed auctioneer.
B.
Notice of sale. No pledge shall be sold unless written
or printed intention to sell with a statement of article or articles
to be sold has been first mailed by letter addressed to the pledger
at the address given at the time of pledging at least 10 days prior
to the date of sale. Notice of every such sale shall be published
for at least six days previous thereto in the official newspaper of
the City of New Rochelle, and such sale shall take place within the
City of New Rochelle. The notice of sale shall specify the time and
place at which said sale is to take place, the name of the auctioneer
by whom the sale is to be conducted, a statement of the classes of
pledges to be sold and the inclusive dates and numbers of the pawn
tickets of the pledges to be sold. If the pledge at such sale shall
be purchased by the pawnbroker or collateral loan broker, the pledger
shall be entitled to redeem the same within 10 days thereafter by
tendering to the pawnbroker or collateral loan broker the amount of
the loan with the interest due thereon.
C.
Disposition of proceeds. The surplus money, if any,
arising from any such sale, after deducting the amount of the loan,
the interest then due on the same and the expense of the advertisement
and sale shall be paid over by the pawnbroker or collateral loan broker
to the person who would be entitled to redeem the pledge in case no
such sale had taken place.
An offense against the provisions of this chapter
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.
