[HISTORY: Adopted by the Council of the City
of Schenectady 12-19-1977 by Ord. No. 77-101; amended in its entirety 1-19-1981 by Ord. No.
80-159. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 131.
Garage sales — See Ch. 159.
Transient merchants — See Ch. 179.
Pawnbrokers — See Ch. 189.
Peddlers and vendors — See Ch. 194.
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.
It is unlawful for a person to carry on the
business of soliciting, buying and dealing in used precious metals
without a license. Used precious metals include articles composed
wholly or in part of gold, silver, platinum, copper and other precious
metals.
[Amended 3-18-1991 by Ord. No. 91-11; 4-11-2011 by Ord. No. 2011-09]
The Office of Consumer Protection is authorized
to issue a license to carry on the business of soliciting, buying
and dealing in used precious metals upon payment to the City of the
sum of $250. 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 desiring to procure a license shall
file with the Office of Consumer Protection 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 certified 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 and the nature of the right of occupancy of the
applicant to the use of said premises.
D.
A corporate applicant shall furnish the name, address
and title of officers of the corporation or designated agent of service
upon whom process or other legal notice may be served.
A.
The Office of Consumer Protection may, in its discretion,
after notice to the licensee and an opportunity for a prompt hearing
before the Director of Consumer Protection, 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 registered
mail at the address set forth on the application is sufficient for
the purpose of this section.
A.
Every dealer in used precious metals shall keep a
written record, legibly written in English, which shall contain a
description of every used precious metal article so purchased at retail,
the number or numbers of said articles and any marks of identification
that may appear on such articles. The record shall also include the
name, residence address and description of the person from whom such
purchase was made, including the signature of the person and the date
and hour of purchase. Such form outline will be recommended by the
Office of Consumer Protection. It shall be the duty of every used
precious metals dealer to verify the identity of every person from
whom he makes a purchase and to keep a record of the nature of the
evidence submitted by such person to prove his identity.
B.
Every used precious metals dealer shall make a legible and correct copy of the records required to be kept by Subsection A containing particulars of all purchases of such articles whenever requested by the Chief of Police or his authorized agent.
C.
Every used precious metals dealer shall allow his
shop and store, records and all articles of precious metal therein
to be at all times examined by any member of the Police Department
or the Office of Consumer Protection of the City. Any purchase by
the licensed dealer which exceeds $500 in the aggregate shall be immediately
reported to the City Department of Police Detective Division at the
conclusion of the business day.
D.
Such licensee shall not purchase any precious metal
articles from persons under the age of 18.
It shall be unlawful for a used precious metals
licensee to purchase used precious metals from any person unless payment
is made with the licensee's check.
No used precious metals licensee shall permit
to be sold any article purchased or received by him or his agents
at retail until 24 hours have elapsed. Such articles shall be kept
separate and distinct during the required time lapse.
A.
Every used precious metals dealer shall post in a
conspicuous place within his place of business the license issued
by the Office of Consumer Protection.
B.
The daily price upon which the dealer will pay for
gold and silver shall be clearly displayed in Arabic numbers in such
a manner that the public will be informed.
No licensee shall have his shop or store open
for the transaction of business nor shall he purchase any used precious
metal from persons other than other licensed dealers between the hours
of 10:00 p.m. and 7:00 a.m.
Except as provided by Chapter 179 of this Code relating to transient merchants buying used precious metals under that licensing, the provisions of this chapter will apply to their operations.
[Amended 6-2-1986 by L.L. No. 3-1986]
A violation of a provision of this chapter shall
be punishable, upon conviction thereof, by a fine not exceeding $150
or by imprisonment for a term not exceeding 150 days, or both, or
by a penalty not exceeding $500, to be recovered in a civil action.
Each day any violation of any provision of this chapter shall continue
shall constitute a separate offense.
