[HISTORY: Adopted by the Council of the City of Schenectady 2-9-1970 by Ord. No. 15274; amended in its entirety 11-9-2009 by L.L. No. 3-2009. Subsequent amendments noted where applicable.]
Auctions and auctioneers — See Ch. 131.
Garage sales — See Ch. 159.
Pawnbrokers — See Ch. 189.
Peddlers and vendors — See Ch. 194.
Precious metals dealers — See Ch. 203.
Special sales — See Ch. 214.
Scrap processors and junk peddlers — See Ch. 216.
Weights and measures; trade practices — See Ch. 260.
Editor's Note: The provisions of this chapter are derived from Ch. 17, Art. V, of the former Revised Ordinances, adopted 2-9-1970 by Ord. No. 15274.
As used in this chapter, the following terms shall have the meanings indicated:
- The Commissioner of Public Safety of the City of Schenectady. If there is a vacancy in the position of Commissioner, "Commissioner" shall mean the Chief of Police until such time as a Commissioner of Public Safety is appointed.
- CORPORATION COUNSEL
- The Corporation Counsel of the City of Schenectady, or such Deputy or Assistant Corporation Counsel(s) as may be designated by the Corporation Counsel.
- Any person, company, corporation, partnership, joint venture, or any other entity who as a principal, broker or agent engaged as a secondhand dealer as defined by this chapter.
- SECONDHAND DEALER
- Includes any person, company, corporation, partnership, joint venture, or any other entity who as a principal, broker or agent:
- A. Deals in the purchase, sale or bailment of secondhand articles of whatever nature;
- B. Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise;
- C. Deals in the purchase or sale of any secondhand manufactured article composed wholly or in part of gold, silver, platinum or other metals;
- D. Deals principally in the purchase or sale of old gold, silver, platinum or other precious metals;
- E. Deals principally in the purchase of articles or things comprised of gold, silver, platinum or other precious metals, paper monies, currency, jewelry and coins, for the purpose of melting or refining, recycling, or resale; or
- F. Deals in the purchase or sale of any used electrical appliances, computers, electronic media (including but not limited to compact discs, DVDs, computer programs, computer drives and/or components), and/or electronic equipment or component parts.
- G. A secondhand dealer does not include persons conducting yard or garage sales, activities conducted by a licensed auctioneer, sales conducted by a non-for-profit entity, or an initial consumer who purchases a product primarily for personal use but who subsequently sells the product.
It shall be unlawful for any person to act as a dealer in secondhand articles without a license. A general license authorizing the licensee to act as a secondhand dealer with respect to all articles must be obtained by application to the Clerk of the City, on forms prescribed by regulations promulgated by the Commissioner of Public Safety and following the completion of such background investigation as may be prescribed in writing by such regulations. All regulations promulgated by the Commissioner of Public Safety shall require the review and approval of the Corporation Counsel.
[Amended 4-11-2011 by Ord. No. 2011-09]
The applicant for a secondhand dealer's license shall pay to the City the sum of $150 upon the issuance of each license, which shall be good for one year from the date of its issue, and a separate license shall be secured for each place of business. Such license shall not include the business of pawnbroker. The license shall be subject to annual review and renewal.
In addition to any of the powers that may be exercised by the Commissioner pursuant to this chapter, the Commissioner, after providing notice to an applicant or licensee and affording an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license issued required under this chapter if the applicant or licensee, or any of its principals, officers or directors, or any of its stockholders owning more than 10% of the outstanding stock of the corporation, has been convicted of a crime which, in the judgment of the Commissioner, has a direct and substantial relationship to such person's fitness or ability to perform any of the activities for which the license required by this chapter is required.
Unless waived by the Commissioner of Public Safety in accordance with Subsection E of this section, every person licensed under this chapter shall keep a computer ledger in excel or compatible format in which shall be recorded in English, at the time of purchase and sale of any article, a description thereof, any serial number, model number, inscription, monogram, inscription or other indicia reasonably identifying the item, article, electronic device, commodity or personalty; the name, and age, residence address, telephone number, and personal description of the person from whom such item, article, commodity or personalty was purchased; the sum paid, tendered or received therefor; together with the date and hour when such purchase or sale occurred. Such record shall be transmitted on a weekly basis to the Police Department of the City of Schenectady and at such other times as the Commissioner of Public Safety or his designee shall direct and shall at all times be open to inspection by the Commissioner or his or her designee on reasonable notice, or by any prosecutor or any judicial officer, or any person duly authorized in writing for such purposes by the Commissioner or by any judge of the criminal court, who shall exhibit such written authority to the dealer. No entry in said record shall be erased, obliterated, altered, deleted or defaced.
The contents of the ledger required by this chapter shall not be communicated to any person for the purpose of publication but shall be used by police and law enforcement officials only for the purpose of protecting the public interest in the investigation and detection of illegal activity and the perpetrators of such illegal activity.
The Commissioner or his or her designee shall cause periodic inspection to be made of the licensee's business premises and must be satisfied that such premises comply with all laws, rules and regulations of the City of Schenectady. If inspection of any private area of the licensee's premises is refused, entry shall be made only upon obtaining a warrant from a judicial officer of the state supported by facts evidencing probable cause. For purposes of facilitating the inspection prescribed by this section, the Commissioner is authorized to call upon the heads of City departments insofar as applicable to assist in such inspections, and such departments and their employees shall make such inspections as may be required.
Every secondhand dealer shall, at all times of making any purchase, attach a properly numbered tag to, or otherwise legibly number, each article bought and shall make entry of such number in the ledger provided for in Subsection A of this section.
Waiver. The Commissioner may grant a waiver of the reporting requirements upon the written request of a licensee, supported by factual submissions demonstrating that the nature and scope of the licensee's business and the items, articles, commodities, and/or personalty with which the licensee deals are unlikely by reason of their nature and quality to be the product of illegal activity. Upon consideration of such submissions, the Commissioner shall be authorized to waive the recording and reporting requirements of Subsection A in whole or in part, or to modify the recording and reporting requirements of such subsection.
Report to the Public Safety Commissioner. Every secondhand dealer, upon being served with a written notice to do so by a member of the Police Department, shall report to the Commissioner, on blank forms to be furnished by such department, a copy of the records required to be kept under § 217-5 of this chapter, of all goods or articles or any part thereof purchased, received or sold in the course of his or her business, during the days specified in such notice.
Every secondhand dealer shall put in a conspicuous place within his or her place of business a copy of this chapter or the ordinances from which it is derived, to be furnished by the Police Department, and display, in some suitable and conspicuous place in the shop or store where the business is conducted, a sign giving his or her name and occupation legibly inscribed thereon in letters of the English language, not less than three inches in height and lines not less than 1/4 inch in width.
It shall be unlawful for any such dealer to sell or dispose of any articles or things until the expiration of 10 days after such purchase or redemption.
No secondhand dealer shall engage in the purchase and sale of any item, article, commodity or personal property, or transact any business, other than from another dealer or by computer, except between sunrise and 9:00 p.m. of any weekday, except Saturdays, on which day business may be transacted and such articles purchased from sunrise until 11:00 p.m.
Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and upon the first conviction be subject to a fine of not less than $250 nor exceeding $500 or a term of imprisonment not to exceed 15 days, or both a fine and imprisonment. Upon any subsequent conviction within 24 months of any prior conviction, such person shall be subject to a fine of not less than $500 nor exceeding $1,000; or imprisonment not to exceed 30 days, or both such fine and imprisonment. Upon the conviction of a corporation or limited-liability partnership, corporation or company, the licensee or its principal(s) shall be subject to the fine for a first offense of not less than $500 nor exceeding $1,000. Upon a conviction within 24 months, the fine imposed shall be not less than $1,000 nor more than $5,000. (Penal Law § 80.10).