[HISTORY: Derived from Articles IV and XI of Chapter 11 of the 1975
Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any person, partnership or corporation: loaning money on
deposit or pledge of personal property, other than securities or printed evidences
of indebtedness; or dealing in the purchasing of personal property on condition
of selling back at a stipulated price; or designated or doing business as
furniture storage warehousemen, and loaning and advancing money upon goods,
wares or merchandise pledged or deposited as collateral security.
No person, corporation, partnership or firm shall hereafter carry on
the business of pawnbroker, without having first obtained from the City Clerk
where the business is to be carried on a license authorizing such person to
carry on the same in the manner and upon the conditions stated in the succeeding
sections of this chapter.
A.Â
Filing, contents. Every person desiring to procure a
license, as herein provided, shall file with the City Clerk a written application
upon a blank form prepared and furnished by the city. Such application shall
contain:
(1)Â
The name and residence of the applicant, if an individual,
partnership or firm, or the names and residences of the principal officers
if the applicant is an association or corporation.
(2)Â
The length of time such applicant or applicants, if an
individual, partnership or firm or the manager or person in charge, if the
applicant is a firm, partnership, corporation or association, has or have
resided in the city, his or their places of previous employment or business,
whether married or single, whether he or they have ever been convicted of
a felony or misdemeanor and, if so, what offense, when and in what court.
(3)Â
The premises where such business is to be located or
carried on, giving street and number.
(4)Â
Whether the applicant or applicants or manager had, either
alone or with someone else, ever engaged in the business of pawnbroker.
B.Â
Execution. Such application shall be signed and acknowledged
before a notary public or other official authorized to administer oaths in
the city.
Pursuant to § 41 of the General Business Law, such application
shall be accompanied by a bond to the city, approved as to form by the City
Attorney, in the penal sum of $10,000 with sufficient surety or sureties or
sufficient collateral security, conditioned for the faithful performance of
the duties and obligations pertaining to the business so licensed, the due
observance during the term of the license of any and all ordinances and laws
which are now in force or may hereafter be adopted or enacted respecting the
business of pawnbroker as defined herein, and the accounting for any paying
over of all moneys which he shall be liable to pay as such pawnbroker to the
city or to any person.
Upon filing with the City Clerk an application and a bond properly approved
as provided for herein, together with the annual fee as shall be set by resolution
from time to time by the Common Council of the City of Oneonta for the first
year's license, the City Clerk shall act on such application and approve
or disapprove of the same. No application shall be refused, except for just
cause and for the protection of public safety, health or good order and morals.
The City Clerk shall state the grounds for such refusal, in writing, and mail
the same, together with the fee, back to the applicant.
Every pawnbroker shall keep books, deliver memorandums and permit inspections
and shall not charge rates of interest in excess of those permitted under
Article 5 of the General Business Law of the State of New York.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.
