City of Plattsburgh, NY
Clinton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Plattsburgh 1-13-1983 (Ch. 209 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 254.
Precious metal dealers — See Ch. 265.
As used in this chapter, the following terms shall have the meanings indicated:
PAWNBROKER
Any person, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The City Clerk may grant to any person who shall produce evidence of good character a license to carry on the business of pawnbroker within the City, upon payment of a sum as set from time to time by the Common Council by resolution and the execution of a bond to the City in the penal sum of $10,000 with two sureties or corporate surety to be approved by the City Clerk conditioned for the faithful observance of the ordinances of the City then in force or thereafter enacted relating to pawnbrokers and the payment of all damages incurred as such pawnbroker.
Actions upon the bond shall be in accordance with the provisions of Article 5 of the General Business Law of the State of New York.
It shall be the duty of the City Clerk to pay to the City Chamberlain on the first day of each month all moneys received for licenses granted hereunder and report to the Common Council at a regular meeting the licenses granted during the preceding month and the amounts received therefor.
Each 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 one so designated without the written consent of the City Clerk endorsed on said license. Each such license shall be for a period of one year and shall expire on the anniversary of the date of its issue.
Every person carrying on the business of a pawnbroker within the City of Plattsburgh, New York, 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.
Every person carrying on the business of a pawnbroker in the City of Plattsburgh, New York, 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 pawn tickets 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. 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 Chief of Police shall so direct.
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, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Access to records. The said book shall be opened and goods exposed at all reasonable times to the inspection of the City Clerk, Corporation Counsel, Chief of Police, City Detective or any person duly authorized in writing by any of them for that purpose.
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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, actually or apparently under the age of 18 years, 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.
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 six months in his possession.
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.
Every pawnbroker shall conduct business in accordance with the provisions of Article 5 of the General Business Law of the State of New York, and in the event that any provision hereof is in conflict with the provisions of Article 5 of the General Business Law, the provisions of Article 5 of the General Business Law shall control.
[Amended 10-5-1989 by L.L. No. 4-1989; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $100 for each day or part thereof that such violation occurs.