[HISTORY: Adopted by the Common Council of the City of Amsterdam 10-17-2000.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided that it take effect 1-1-2001.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or company which engages in the business of purchasing,
selling or otherwise dealing in, whether as a principal or an agent, secondhand
articles of precious metals, jewelry and/or firearms. Pawnbrokers, precious
metals dealers and transient merchants, for the purposes of this chapter,
shall be classified as secondhand dealers.
Any precious metals, jewelry or firearms which are not new which
have been previously sold or offered for sale, including but not limited to
watches, rings and all other jewelry and firearms.
A.
Dealers in secondhand or used motor vehicles, used clothing,
used books and used furniture are exempted from the provisions of this chapter.
B.
Thrift shops and similar secondhand stores, operated
by bona fide religious or charitable organizations, are exempted from the
provisions of this chapter.
A.
Each secondhand dealer shall maintain, for a period of
one year following the purchase of secondhand property, the following records
concerning the seller of such secondhand property:
(1)
Full name.
(2)
Residence address.
(3)
Home telephone number.
(4)
Place of employment.
(5)
Business telephone number.
(6)
Age.
(7)
Sex of each person from whom the secondhand property
is purchased.
(8)
The signature of the seller.
(9)
The driver's license number of the seller or the
number from another form of identification issued by a governmental agency.
B.
Each secondhand dealer shall maintain a specific description
of the secondhand property item, on a form provided by the Police Department,
which description is accurate and as reasonably complete as the nature of
the item permits. The description of the secondhand property item shall include,
but not be limited to:
(1)
The type of item purchased.
(2)
The substance of which the item is made.
(3)
The name of the manufacturing company where the item
was made, if that can be determined.
(4)
Any permanent initialing or marking on the secondhand
property item, including any brand, monogram or hallmark, or serial number.
(5)
The quantity of the secondhand property purchased.
(6)
The date of the purchase.
(7)
The amount paid by the dealer for the item.
C.
A copy of the records of any purchase of secondhand property
shall be immediately available at the request of the Police Department.
Each secondhand dealer shall retain possession of any secondhand property
purchased by that dealer in an unaltered condition for a period of 10 calendar
days following the purchase. However, this section may not be interpreted
to limit the right of the secondhand dealer to transfer ownership of the secondhand
property before the end of the ten-day holding period, as long as the dealer
retains physical possession of the secondhand property for the remainder of
the ten-day holding period. Further, this section shall not prevent secondhand
dealers from allowing the true owner of an article of secondhand property
to redeem, repurchase or recover the article at any time within the ten-day
holding period.
No secondhand dealer may purchase any secondhand property from any intoxicated person, any person under the age of 18 years or any person providing obviously false information pursuant to § 169-3.
No secondhand dealer shall have his or her shop or store open for the
transaction of business nor shall he or she purchase any used precious metals,
jewelry or firearms from persons other than other licensed dealers between
the hours of 10:00 p.m. and 7:00 a.m.
A.
The premises and required records of each secondhand
dealer may be inspected during regular business hours at least once every
month by the Chief of Police or the Chief's designee.
A.
Secondhand dealers, including precious metals dealers,
pawnbrokers and transient merchants, shall pay to the City Clerk an annual
license fee of $100, before engaging in business. Persons dealing primarily
in new property and licensed by the city as such dealers shall not be required
to pay the additional license fee required by this section, but shall abide
by all other provisions of this chapter.
A.
The City Clerk is authorized to issue a license to carry
on the business of soliciting, buying and dealing in used precious metals,
jewelry or firearms, upon payment to the city of the sum of $100. A license
is valid for the calendar year for which issued. No used precious metals license
will be issued to any person under the age of 18.
Every person wishing to obtain a license shall file with the City Clerk
an application, supplied by that office, containing the following information:
A.
The name and description of the applicant. Individuals
operating under a trade name shall present a certified copy of the trade name
certificate. A partnership conducting a business, whether or not under a trade
name, shall submit a photostatic copy of the partnership certificate; a corporation
shall furnish a photostatic copy of its certificate of incorporation.
B.
A statement as to whether or not the applicant has within
the past 10 years been convicted of any crime or violation of any municipal
ordinance.
C.
The name and address of the owner or owners of the business
premises where the secondhand dealer conducts business.
D.
A corporate applicant shall furnish the name, address
and title of the officers of the corporation or the designated agent of service
upon whom process or other legal notice may be served.
A.
The City Clerk may, in his or her discretion, after notice
to the licensee and an opportunity for a prompt hearing before the City Clerk,
suspend or revoke a license granted under this chapter for cause. No refund
of the unearned portion of the license fee shall be made.
B.
Notice to the licensee by personal service or by certified
mail at the address set forth on the application is sufficient notice for
the purpose of this section.
Any person, firm, association or corporation or other legal entity who
violates any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be subject to a fine not to
exceed $500 or imprisonment not to exceed 60 days, or both.