City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[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.
Secondhand dealers — See Ch. 217.
[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.

§ 189-1 License required; application; issuance; fee.

[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.

§ 189-2 Conducting business without license unlawful.

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.

§ 189-3 Bond requirement; revocation of license.

[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.

§ 189-4 Daily reports to police.

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.

§ 189-5 Records and receipts.

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.

§ 189-6 Availability of records for inspection.

[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.

§ 189-7 Interest and charges; sale of articles.

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.
D. 
A violation of the provisions of this section shall be a sufficient cause for the revocation of said license by the Office of Consumer Protection, as provided in § 189-3.
[Amended 10-29-1973 by Ord. No. 16216]