[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments noted where applicable.]
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 2-9-1993 by Ord. No. 93-34]
The Chief of Police shall be the licensing authority authorized to issue licenses for collateral loan brokers as defined in Article 5 of the New York State General Business Law, hereinafter referred to as "pawnbrokers."
[Amended 3-27-2012 by Ord. No. 2012-121]
Licenses shall expire on May 31 after their date of issuance.
[Amended 2-9-1993 by Ord. No. 93-34; 6-18-2002 by Ord. No. 2002-201; 12-17-2002 by Ord. No. 2002-386; 6-17-2008 by Ord. No. 2008-205; 3-27-2012 by Ord. No. 2012-121; 4-24-2012 by Ord. No. 2012-166]
The annual license fee shall be $250, except that in 2013 the renewal fee shall be $354. There shall be a fee of $10 for replacement of a lost license.
Pawnbrokers shall report daily in writing to the Chief of Police, on a blank form to be furnished by the Police Department, a description of all articles received by said pawnbroker within the 24 hours immediately preceding the delivery of such report, the name, date of birth, residence address, physical description of the person from whom the articles were received, the date and time when the articles were received, and the name of the employee receiving the articles. The pawnbroker shall deliver such record to the Chief of Police, or his or her representative, by mail or in person until required to do so by computer transmission as prescribed in § 80-6, on the same day in which the record is completed. The contents of such report shall not be communicated to any person for the purpose of publication but shall be used expressly for 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 be permitted to be redeemed until the said Chief shall so direct.
[Amended 3-27-2012 by Ord. No. 2012-121]
Every pawnbroker shall post his or her pawnbroker's license in a conspicuous location in his or her place of business.
[Amended 2-9-1993 by Ord. No. 93-34]
No pawnbroker shall make any purchase or otherwise receive any articles from any person without first ascertaining that such articles are the property of the person offering to sell them and were not stolen.
[Amended 3-27-2012 by Ord. No. 2012-121]
Pawnbrokers shall cause to be posted in a conspicuous part of the place where said business is carried on a sign bearing in large type, in the English language, the rates allowed to be taken by this chapter.
Pawnbrokers shall not sell any article received in pledge before the time to redeem the same has expired, nor willfully disclose the name of the purchaser and the price paid for any article sold.
Pawnbrokers shall exhibit any goods claimed to be stolen during the usual business hours to the owner of said goods or his or her authorized agent, on the written order of the Chief of Police.
[Amended 2-14-2006 by Ord. No. 2006-22]
Pawnbrokers shall not transact business as a pawnbroker except between the hours of 8:00 a.m. and 8:00 p.m., excepting Saturdays, when business may be transacted between the hours of 8:00 a.m. and 12:00 midnight; and shall not transact said business upon Sunday.
Pawnbrokers shall not receive any personal property in pledge from an intoxicated person, habitual drunkard or thief, known by him or her to be such, nor employ any person as an assistant in said business who is under 16 years of age.
[Amended 2-9-1993 by Ord. No. 93-34; 2-14-2006 by Ord. No. 2006-22]
Every pawnbroker, on purchasing or receiving any article or property capable for use for the purpose originally intended or bearing any device, name, initial or initials indicating any prior owner other than the manufacturer, or from which article or property it appears that any such device, name, initial or initials have been removed, obliterated or effaced, shall cause to be subscribed by the person from whom purchased or received a statement as to when, where and from whom he or she obtained such article or property, also his or her age, residence by city, village or town, and the street and number thereof, if any, and otherwise such description as will reasonably locate the same, his or her occupation and name of his or her employer and place of employment or business, which statement the pawnbroker shall forthwith file in the office of the Chief of Police of the city.
[Amended 2-14-2006 by Ord. No. 2006-22]
No pawnbroker shall receive or purchase any article unless the person selling the same identifies himself or herself by the individual's true name, date of birth and residence address, which shall be verified by a New York State driver's license, New York State nondriver's identification card, police identification card or other means of identification approved by the Chief of Police.
[Added 5-25-1943; amended 2-9-1993 by Ord. No. 93-34;3-27-2012 by Ord. No. 2012-121]
Editor’s Note: This ordinance provided an effective date of 6-1-2012.
From and after the date called for by the phase-in schedule in Subsection E, every pawnbroker, except those exempted by operation of Subsection F, shall, by close of business each day, upload to the Chief of Police electronic records of all reportable transactions occurring the same business day. Each transaction record shall contain all information required by § 80-5 and shall be uploaded via Internet connection to an electronic reporting service provided by the Rochester Police Department according to the following procedures:
Pawnbrokers using point-of-sale software shall review compatibility of their software with the electronic reporting service provided by the Police Department, and dealers with compliant point-of-sale software 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 of the reporting service; or
Pawnbrokers using noncompliant point-of-sale software, or not using point-of-sale software, shall manually enter all reportable transactions into the electronic reporting service via Internet connection.
The Chief of Police shall establish by rule the format and requirements of the transmission of data and may restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under Subsection A shall not be reported on paper forms unless the Chief of Police so requests.
In the event a pawnbroker is unable to successfully upload transaction records via the electronic reporting service, the pawnbroker shall, within 24 hours, notify the Police Department of the reason for the submission failure and shall provide the Police Department with an estimated time of compliance. For every day the pawnbroker is unable to upload electronic transactions records via the electronic reporting service, the pawnbroker 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 be either hand delivered or e-mailed to the Police Department no later than one business day after the transaction date.
If the upload problem is determined by the Police Department to be the fault of the pawnbroker, the pawnbroker shall be charged a daily reporting failure fee of $10 until the error is corrected. This fee is to offset the Rochester Police Department's costs in converting the data from paper format into electronic format. If the problem is determined by the Police Department to be due to factors not associated with the pawnbroker, the pawnbroker shall not be charged the reporting failure fee. Upon correction of the problem, the pawnbroker shall electronically upload the required information.
Pawnbrokers shall report their transactions electronically to the Chief of Police as required by Subsections A and B from and after the following dates:
For each pawnbroker business for which a pawnbroker license is first obtained on or after the effective date of the ordinance codified in this section, effective upon commencing business or one month after the effective date of the initial rules adopted pursuant to Subsection B, whichever is later;
For each pawnbroker business for which a pawnbroker license was first obtained before the effective date of the ordinance codified in this section, no later than one month after the effective date of the initial rules adopted pursuant to Subsection B;
The Chief of Police may, for good cause shown, grant a pawnbroker dealer an extension of the otherwise applicable deadline to a date not later than six months after the effective date of this Ordinance No. 2012-121. An extension may only be granted upon written application by the pawnbroker; upon a showing that the pawnbroker is making satisfactory progress toward acquiring computer programs and equipment to make the necessary transmission; and upon agreement by the pawnbroker to pay to the City a daily reporting fee of $10 to offset the Rochester Police Department's costs in converting the data from paper format into electronic form.
If, after establishing the format and requirements for the transmission of computerized reports of transactions, the Chief of Police alters the required format, pawnbrokers shall be given at least 30 days to comply with the new format requirements.
The provisions of Chapter 68 of the Municipal Code, being general licensing provisions relating to business and trades, shall be applicable to all licenses under this chapter the same as if specifically set forth herein, and any violation of this chapter be punishable as provided in § 68-15 of said Code.
The Chief of Police shall, consistent with the express standards, purposes and intent of this chapter, promulgate, adopt and issue such interpretations, procedural rules, regulations and forms as are in the Chief of Police's opinion necessary to effective administration and enforcement of the provisions of this chapter. These interpretations, rules, regulations and forms shall be available to the public at the License Clerk's office. Such rules, regulations and forms shall be effective upon filing with the City Clerk as a communication to the City Council.
Pawnbrokers' licenses shall not be transferred. In the event of any change involving the owner or operator of the business, the type of business, the name of the business or the business location, a new pawnbroker's license shall be required. A pawnbroker's license shall not be transferred to any person who holds power of attorney.
A pawnbroker's license shall be deemed null and void when the licensee is not found operating the business for a period of one month and fails to respond in person to the Chief of Police or his or her designee after having been sent a seven-day notification letter.
The Chief of Police may deny a license or deny the renewal of a license to any applicant who does not comply with the provisions of this chapter or any rule or regulation promulgated under this chapter or who makes a material misrepresentation on the license application. The Chief of Police shall give a written notification to an applicant of the reasons for the denial of a license.
When an investigation reveals that the applicant has violated either federal, state or local laws or rules and regulations, the Chief of Police may authorize the issuance of a conditional license. The conditional license shall state the grounds for the conditional license, the conditions under which the applicant shall operate his or her business, be signed by the applicant, and contain a provision which provides that any violation of the conditional license, as solely determined by the City of Rochester, shall be deemed to be grounds for revoking the conditional license.
The Chief of Police shall have the power to investigate and inquire into license applicants under this chapter and to require and enforce by subpoena the attendance of witnesses at such investigations.
A pawnbroker shall allow a law enforcement officer, acting in the line of duty, to enter the premises during business hours and inspect any record of transactions subject to this chapter and any items on the premises.
Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the chapter shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this chapter are declared to be severable.