§ 128-2License required.
§ 128-3Application for license.
§ 128-4Bond required.
§ 128-5Investigation by Police Department.
§ 128-6Issuance or denial of license; contents.
§ 128-7License fee; renewal; use exclusive; duplicate licenses.
§ 128-8Revocation of license.
§ 128-9Changing place of business.
§ 128-10Record of loans.
§ 128-11Report to Police Department.
§ 128-12Memorandum to be given.
§ 128-13Rate of interest.
§ 128-14Sale of unclaimed pledge.
§ 128-15Notice of sale.
§ 128-16Disposition of proceeds of sale.
§ 128-17Posting of rates.
§ 128-18Prohibited acts.
§ 128-19Assignability of license.
§ 128-20Penalties for offenses.
§ 128-21Applicability of General Business Law.
As used in this chapter, the following terms shall have the meanings indicated:
- COLLATERAL LOAN BROKER
- Any person loaning money on deposit or pledge of personal property,
other than securities or printed evidences of indebtedness, dealing in the
purchase 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; a pawnbroker.[Amended 6-21-1999 by L.L. No. 5-1999]
- One or more persons of either sex, natural persons, corporation, partnership, associations, joint-stock companies and all other entities capable of being sued.
No person, either as principal, agent or employee, shall, within the limits of the Village of Monticello, establish, engage in or carry on the business of collateral loan broker, either separately or in connection with some other business, without first having obtained and paid for and having in full force and effect a license as herein provided.
Every person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form prepared and furnished by the village. Such application shall contain the names and residences 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. Such application shall also describe in detail the character of the business in which he, they or it desire to engage. The application shall also state the following:
The length of time such applicant or applicants, if an individual, firm or partnership, or the manager or person in charge, if the applicant is a firm, partnership, corporation or association, has or have resided in the State of New York; his or their places of previous residences and employment; whether married or single; whether he or they or any of them have ever been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
The premises where such business is to be located or carried on, giving street and number.
Whether the applicant or applicants or manager have, either alone or with someone else, ever engaged in the business of collateral loan broker.
Such application shall be signed and acknowledged before a notary public.
Such application shall be accompanied by a bond to the Village of Monticello, approved as to form by the Village Attorney, in the penal sum of $10,000, with two responsible 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 collateral loan broker as defined in § 128-1, and the accounting for and paying over of all moneys which the licensee shall be liable to pay as such collateral loan broker to the Village of Monticello or any person.
When an application is filed, the Village Clerk shall cause an investigation to be made by the Police Department to ascertain whether the applicant or applicants is or are of good character and repute. The Chief of Police shall furnish to the Board of Trustees in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
Upon the filing of the application, bond and information as provided in the previous sections, the Board of Trustees may, upon its approval of such application and bond as to the sufficiency of the sureties or collateral securities, and upon the payment to the village of the license fee hereinafter provided, direct the Village Clerk to issue to the applicant a license to engage in the business as provided in § 128-2. No license shall be refused except for a specific reason and for the protection of the public safety, good order and morals.
All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in and carry on the business, the kind of business, the dates of issuance and expiration of the license, the fees paid and the name and address of the licensee.
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.
Every collateral loan broker, as defined in § 128-1, shall pay an annual license fee as shall be established from time to time by resolution of the Board of Trustees.
No license shall be used by any person other than the original licensee; and any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application and bond may be issued by the Board of Trustees at its discretion, upon the filing with it of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery. No person shall destroy, deface or injure a license in any manner, or change the name, number or dates therein.
The Board of Trustees may, at any time, after investigation and after a hearing before the Board of Trustees at which the licensee may be heard, for such cause as it shall deem sufficient, for violation of this chapter or for any other proper cause, revoke any license granted under the provisions of this chapter. Whenever any license shall be revoked, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked within a period of one year from the date of such revocation. Notice of such revocation and the reason or reasons therefor in writing shall be served by the Board of Trustees upon the person named in the application by personal service or by mailing the same to the address given in the application and upon filing a copy of such with the Village Clerk.
If any licensee shall move his place of business from the place designated in the license, he shall immediately give notice to the Village Clerk and have the same endorsed on the license.
No collateral loan broker shall accept any pledge until the person pawning such pledge shall have adequately proved his identity or shall have adequately proved ownership of the article pawned. Every licensed collateral loan broker shall keep in a substantially bound book, which shall be legibly written in ink and in English at the time of making a loan, an account and description of the goods, articles or things pawned or pledged, including the number or numbers and any monogram, inscription or other marks of identification that may appear thereon, the amount loaned thereon, the time and day of the loan and its maturity, the rate of interest paid on such loan and the name, general description and residence of the person pawning or pledging such goods, articles or things and a record of the means of identification of the pledger or of the proof of ownership by the pledger. Such book and all articles pawned or pledged shall at all reasonable times be open to inspection by any police officer, the Village Manager, any magistrate of the village or any person duly authorized in writing for such purpose by the Board of Trustees, Chief of Police or any magistrate, who shall exhibit such written authority to the collateral loan broker and to all persons authorized by § 45 of the General Business Law of the State of New York. No entry in such book shall be erased, obliterated, altered or defaced.
Every collateral loan broker shall, at such times as the Police Chief or Acting Police Chief may prescribe in a written notice, to be served upon such collateral loan broker by a member of the Police Department, report to the Police Department, on blank forms to be furnished by the Police Department, a description of all goods, articles or things, or the identity or proof of ownership of pledgers, such as is required to be kept under § 128-10, which have been pawned or pledged in the course of business of the collateral loan broker during the days specified in such notice and, if such notice from the Chief of Police or person performing such functions so prescribes, such collateral loan broker shall, at that time and until he is so notified to discontinue so doing, keep and furnish on such blank forms such information, as well as a general description of every person depositing such pledge.
Every licensed collateral loan broker 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 his address and the substance of the entry required to be made or received by any collateral loan broker for any such entry, memorandum or note. The holder of such memorandum or note shall be presumed to be the person entitled to redeem the pledge, and the collateral loan broker shall deliver such article to the person so presenting such memorandum or note upon payment of principal and interest; should such memorandum or note be lost or mislaid, the pawner shall at once apply to the collateral loan broker, in which case it shall be the duty of the collateral loan broker to permit such person to examine his books, and upon finding the entry for such memorandum or note so lost and upon giving to the collateral loan broker an exact description of the article pawned, the collateral loan broker shall issue a second or stop ticket for the same. In case such pawner neglects to so apply and examine such books and receive such memorandum or note in the manner above stated, the collateral loan broker shall be bound to deliver the pledge to any person producing such memorandum or note for redemption thereof. This section is not to be construed as in any manner limiting or affecting such collateral loan broker's common-law liability in cases where goods are stolen or other legal defects of title exist in the pledge.
No collateral loan broker 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 or any fraction of a month for each succeeding month upon any part of a loan not exceeding the sum of $100, nor more than 2% per month or any fraction of a month for the first six months and 1% per month or any fraction of a month for each succeeding month on any part of any loan in excess of the sum of $100, and a notice containing a list of such rates of interest as herein provided and in accordance with the Act of Congress entitled "Truth in Lending Act"
No collateral loan broker shall receive or be entitled to any interest or charges as provided by this section on any loan for any period of time exceeding 15 months from the date of the making of such loan.
No such collateral loan broker shall make any charge for packing, storing, keeping or caring for any article, goods or thing pledged or upon which a loan has been made.
No licensed collateral loan broker shall sell or otherwise dispose of any pawn or pledge unless the interest shall be six months or more in arrears, and all such sales shall be at public auction and shall be conducted by auctioneers licensed with the State of New York. All bids for the purchase of any defaulted pledge offered at such sale shall be expressed in dollars and cents without the use of any special signs, signals or motions if less than 11 people attend such sale.
Notice of every such public sale shall be published for at least six days previous thereto in at least two newspapers printed in the Village of Monticello, and such notice shall specify the time and place at which such public sale is to take place and a description of the goods or articles to be sold. Every collateral loan broker shall enter in a book kept for that purpose a true account of the sale of all goods sold by him at auction or otherwise, stating the day of the month when pledged, the name of the person pledging, the day when and the amount for which each pledge was sold and the name of the auctioneer. Any person who shall have pledged any unredeemed goods, or his assigns, administrators and executors, shall at all reasonable times be permitted to inspect such entry book of sale. Every collateral loan broker shall give notice of the expiration of the six months from the date of the loan after which a public sale of the article pledged may take place, by letter directed to the borrower at his last known residence at least 10 days and not more than 20 days after the expiration of such six months.
The surplus money, if any, arising from any such sale, after deducting the amount of the loan, the interest then due on the same and the expense of advertising and sale shall be paid over by the collateral loan broker to the person who would be entitled to redeem the pledge in case no such sale had taken place, provided that demand therefor is made within one year after such sale shall have taken place.
In the event that there is any surplus money due to a pledger after such sale, the collateral loan broker shall give the pledger written notice thereof, by mailing to such pledger, directed to him at the address given at the time of pledging or in the event such pledger has notified the collateral loan broker, in writing, of a change of address, to such new address, within 30 days after such sale, a notice which shall state the name and address of the collateral loan broker, the number of the pledge, the date of sale and the amount of any surplus.
Every licensee shall cause to be posted in a conspicuous part of his office or place where the collateral loan broking business is carried on, so as to be visible to all persons pledging goods, a printed card or table of the rates of interest authorized by this chapter, printed in large type and in the English language.
No collateral loan broker shall:
Permit the redemption of any article received by him in pawn until 48 hours after the same has been received by him in pawn.
Fail to deliver to the borrower a plain and complete receipt for all payments on account at the time such payments are made.
Carry on business at any other place than the one designated in his license.
Continue to carry on business after his license is revoked or shall have expired.
No license issued hereunder shall be assigned, sold or transferred.
Any person who, himself or by his clerk, agent or employee, shall establish, engage in or carry on the business of collateral loan broker or shall violate any of the provisions of this chapter, or who, having had his license revoked, shall continue to engage in or carry on the business of collateral loan broker, shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty of Chapter 1 of the Code of the Village of Monticello.
In addition to the penalty imposed, the license of the person violating the same shall be canceled or revoked and the bond upon such license shall be forfeited. Upon such forfeiture the amount of the bond shall thereupon become due and payable to the Village of Monticello, and the amount thereof may be recovered in a civil action based upon such forfeiture.
In the event of any inconsistency between the provisions of this chapter and the applicable provisions of the General Business Law of the State of New York, the provisions of the General Business Law shall be applicable.