[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.
[Added 3-27-2012 by Ord. No. 2012-121]
A. 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:
(1) 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
(2) 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.
B. 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.
C. 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.
D. 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.
E. Pawnbrokers shall report their transactions electronically to the Chief of Police as required by Subsections
A and
B from and after the following dates:
(1) 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;
(2) 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;
(3) 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.
F. 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.
[Added 9-28-1965]
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.
[Added 3-27-2012 by Ord. No. 2012-121]
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.
[Added 3-27-2012 by Ord. No. 2012-121]
A. 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.
B. 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.
[Added 3-27-2012 by Ord. No. 2012-121]
A. 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.
B. 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.
C. 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.
[Added 3-27-2012 by Ord. No. 2012-121]
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.
[Added 3-27-2012 by Ord. No. 2012-121]
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.