[HISTORY: Adopted by the Council of the City
of Schenectady 2-9-1970 by Ord.
No. 15274.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 131.
Garage sales — See Ch. 159.
Transient merchants — See Ch. 179.
Peddlers and vendors — See Ch. 194.
Precious metals dealers — See Ch. 203.
Special sales — See Ch. 214.
Scrap processors and junk peddlers — See Ch. 216.
Secondhand dealers — See Ch. 217.
Weights and measures; trade practices — See Ch. 260.
[1]
Editor's Note: The provisions of this chapter
are derived from Ch. 17, Art. IV, of the former Revised Ordinances,
adopted 2-9-1970 by Ord. No. 15274.
[Amended 10-29-1973 by Ord. No. 16216; 3-18-1991 by Ord. No. 91-11]
The Office of Consumer Protection is hereby
authorized to grant a license authorizing a citizen or citizens to
carry on the business of pawnbroker, which license shall designate
the house in which such person shall carry on such business and the
length of time for which such license is issued, provided that such
person desiring such license shall make application to the Office
of Consumer Protection, in writing, for such license and shall pay
upon the issuance of such license to the City the sum of $100 per
annum. All money collected for such license shall be immediately paid
to the City Treasurer.
It shall be unlawful for any person to conduct
or carry on the business of pawnbroker unless a license therefor has
been duly issued as herein provided. Any person violating the provisions
of this section shall, upon conviction, be punished by a fine of $100
per day.
[Amended 10-29-1973 by Ord. No. 16216]
Every person licensed as provided by this chapter
shall, at the time of receiving such license, file with the Office
of Consumer Protection granting the same a bond to the City, to be
executed by the person so licensed and by two responsible sureties,
in the penal sum of $10,000, to be approved by the Office of Consumer
Protection, which bond shall be conditioned for the faithful performance
of the duties and obligations pertaining to the business so licensed
and the observance of all laws and ordinances relating thereto. The
Office of Consumer Protection shall have full power and authority
to revoke such license for cause.
Every person carrying on or conducting the business
of a pawnbroker, under a license duly issued as hereinbefore specified,
is hereby required to report in writing daily to the Chief of Police,
in such form as the Chief of Police may prescribe, all articles purchased
or upon which he has made loans during the 24 hours preceding the
delivery of such report. The contents of such report shall not be
communicated to any person for the purpose of publication but shall
be used by the Chief of Police and others in authority for the purpose
of protecting the public interests and the detection of criminals.
Every pawnbroker licensed as hereinbefore provided
shall keep the books and records required by law, and every such pawnbroker
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, as in this section provided, and no charge shall be made
or received by any pawnbroker for any such entry, memorandum or note.
[Amended 10-29-1973 by Ord. No. 16216]
The book required by § 189-5 shall, at all reasonable times, be open to the inspection of the Office of Consumer Protection, the City Judge, Chief of Police, Assistant Chief of Police, Police Sergeants and officials of the Detective Bureau of the City.
A.
No pawnbroker shall ask, demand or receive any greater
rate of interest than 3% per month, or any fraction of a month, for
the first six months and 2% per month for each succeeding month, upon
any loan not exceeding the sum of $100, or more than 2% per month
for the first six months and 1% per month for each succeeding month
on any loan exceeding the sum of $100. No such pawnbroker shall charge
for packing, storing, keeping or caring for any article, goods or
things pledged and upon which a loan has been made.
B.
No such pawnbroker shall sell any pawned or pledged
article until the same shall have remained one year in his possession,
and all such sales shall be at public auction and not otherwise and
shall be conducted by a public auctioneer doing business in the City.
C.
Notice of every such sale shall be published for at
least six days previous thereto in at least two of the daily newspapers
printed in the City and to be designated by the mayor, and notice
shall specify the time and place at which such sale shall take place,
the name of the auctioneer by whom the same is to be conducted and
a description of the articles to be sold. The surplus money, if any,
arising from such sale, after deducting the amount loaned, the interest
due on the same and the expense of the advertisement and sale shall
be paid over by the pawnbroker to the person who would have been entitled
to redeem the pledge in case no such sale had taken place.
