[HISTORY: Adopted by the Common Council of
the City of Port Jervis 7-27-1964as part of Ch. 16, Art. VI, of the 1964 Code of Ordinances
(Ch. 115 of the 1981 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meaning indicated:
Any person or member of a firm or corporation who shall loan
money on deposit or pledge of personal property other than earnings,
securities or evidences of indebtedness.
No person shall carry on the business of a pawnbroker
within the City without having procured a license as required by the
terms of this chapter.
[Amended 7-27-1992 by L.L. No. 5-1992; 2-26-2007 by L.L. No.
2-2007; 5-27-2014 by L.L. No. 5-2014]
The Common Council of the City of Port Jervis
may grant to any person who shall produce satisfactory evidence of
good character a license to carry on the business of pawnbroker within
said City upon payment of the sum as provided in § 41 of
the General Business Law and the execution of a bond to the City in
the penal sum as provided in § 41 of the General Business
Law, with sureties to be approved by the Common Council, conditioned
for the faithful observance of the ordinances of said City then in
force or thereafter enacted relating to pawnbrokers and the payment
of all damages incurred as such pawnbroker. Every license shall expire
at the end of the calendar year in which it is issued and may be renewed
on application to the Common Council each and every year in January
of each calendar year on the payment of the same sum and upon performance
of the other conditions contained in this chapter.
If any person shall be damaged by the misconduct
of any licensed pawnbroker and shall recover judgment against him
therefor, such person, after the return unsatisfied, either in whole
or in part, of any execution issued upon a judgment, may maintain
an action in his own name and upon the bond of said pawnbroker in
any court having jurisdiction of the amount claimed, provided that
said court shall, upon application made for that purpose, grant such
leave to prosecute.
[Amended 5-27-2014 by L.L. No. 5-2014]
Should application for any pawnbroker's license be made after the first day of August in any year, the Common Council may, in its discretion, issue such license upon payment of 1/2 of the amount at which such license may be issued for a full year and upon the execution and delivery of the bond as provided in § 394-3.
[Amended 5-27-2014 by L.L. No. 5-2014]
The City Clerk-Treasurer shall receive all moneys paid for pawnbroker
licenses granted hereunder and report to the Common Council at each
regular meeting the licenses granted during the preceding month and
the amounts received therefore.
[Amended 5-27-2014 by L.L. No. 5-2014]
Every license granted hereunder shall designate the building
in which the licensee shall be authorized to act as pawnbroker, and
said business shall not be carried on in any other place than the
other so designated without the written consent of the Common Council
endorsed on said license. Every such license shall expire on December
31 next succeeding the date of its issue.
[Amended 5-27-2014 by L.L. No. 5-2014]
Every person carrying on the business of a pawnbroker within
said City shall place or suspend in a conspicuous manner in front
of his place of business a sign with his name and the words "Licensed
Pawnbroker" thereon; said sign shall be approved in advance by the
City official and/or board having authority to approve same.
A.
Required; contents. Every person carrying on the business
of a pawnbroker shall report daily in writing to the Chief of Police,
on blank forms to be furnished by the Police Department, a description
of all articles pledged or purchased by said pawnbroker during the
preceding day, together with the number of the pawn ticket issued
therefor, the amount loaned thereon and the name, residence and description
of the person making the pledge. The contents of such report shall
not be communicated to any person for the purpose of publication,
but shall be used expressly for the purpose of protecting the public.
B.
Effect of report. No person shall make any false entry
in such report, and whenever the Chief of Police shall notify any
pawnbroker not to sell or permit to be redeemed any property so received
on deposit, such property shall not be sold or permitted to be redeemed
until the said Chief of Police shall so direct.
[Amended 2-26-2007 by L.L. No. 2-2007; 5-27-2014 by L.L. No. 5-2014]
A.
Required; contents. Every pawnbroker within the City shall keep a
book in which shall be legibly written in ink, at the time any loan
is made, an account and description of the articles pawned or purchased,
as well as a photograph of the articles pawned or purchased, the amount
of money loaned thereon, the time of pawning or purchasing the same,
the rate of interest to be paid on such loan and the name, residence
and a general description of the person pawning or selling said personal
property and a notation of whether the pledgor claims to be the owner,
consignee or agent of the owner.
B.
Access to records. Said book shall be opened and goods exposed at
all reasonable time to the inspection of the Mayor and members of
the Common Council, Corporation Counsel, City Court, Chief of Police,
or City Detective. Such books and records shall be retained in the
possession of the pawnbroker, in good condition and in an orderly
fashion, for at least a period of six years. A list of all articles
pawned or purchased shall be delivered to the Chief of Police of the
City of Port Jervis at the end of each calendar week; items pawned
or purchased through Saturday of each calendar week should be included
on the list, delivered to the Police Chief on the following Monday.
C.
Memorandum. Every such pawnbroker, at the time any loan is made,
shall deliver to the person pledging any personal property a memorandum
signed by him, containing the substance of the entry required to be
made as aforesaid, and no charge shall be made by any pawnbroker for
such entry or memorandum.
No person shall transact business as a pawnbroker
within the City except between the hours of 7:00 a.m. and 10:00 p.m.,
except Saturdays, when business may be transacted between the hours
of 7:00 a.m. and 12:00 midnight, and such business shall not be transacted
on Sunday.
No pawnbroker or person in the employ of a pawnbroker
within the City shall in any manner receive any personal property
in pledge from any minor, intoxicated person, habitual drunkard or
notorious thief, known by him to be such, nor shall such pawnbroker
employ any person as an assistant in such business who is under 16
years of age.
[Amended 2-26-2007 by L.L. No. 2-2007]
No pawnbroker within the City shall sell any
article received by him in pledge before the time to redeem the same
has expired, nor willfully disclose the name of the purchaser nor
the price paid for any article sold, and no pawnbroker shall sell
any pawn or pledge until the same shall remain in his possession for
the time period prescribed by § 48 of the General Business
Law.
No pawnbroker within the City who has received
any stolen goods shall refuse to exhibit them during the regular business
hours to the owner of said goods or his authorized agent at the written
order of the Chief of Police.
[Amended 2-26-2007 by L.L. No. 2-2007; 5-27-2014 by L.L. No. 5-2014]
Any person committing an offense against any
provisions of this chapter shall be punishable by a fine as set by
§ 51 of the General Business Law, in addition to the punishment,
fine or imprisonment established by any other City, county, state
or federal law, rule or regulation.
