Clany: Collateral Loanbrokers Association of New York

NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-264. Definitions.

a. Whenever used in this subchapter, the words "dealer in second-hand articles" shall mean any person who, in any way or as a principal broker or agent:

1. Deals in the purchase or sale of second-hand articles of whatever nature, or

2. Accepts or receives second-hand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise, or

3. Deals in the purchase or sale of any second-hand manufactured article composed wholly or in part of gold, silver, platinum or other metals, or

4. Deals in the purchase or sale of old gold, silver, platinum or other precious metals, or

5. Deals in the purchase of articles or things comprised of gold, silver, platinum or other precious metals for the purpose of melting or refining, or

6. Engages in melting previous metals for the purpose of selling, or

7. Deals in the purchase or sale of pawnbroker tickets or other evidence of pledged articles, or

8. Not being a pawnbroker deals in the redemption or sale of pledged articles, or

9. Deals in the purchase or sale of any used electrical appliance, electronic equipment or component parts.

b. Nothing contained in this subchapter shall be construed to apply to:

1. Pianos, books, magazines, rugs, tapestries, artists' burlaps, painting, sculpture, drawings, etchings and engravings;

2. The first purchase or sale in the city of any imported second-hand article;

3. The acceptance or receipt of merchandise which is not second-hand as a return, exchange, or for credit or refund if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same, nor to the resale of such merchandise;

4. The acceptance or receipt of second-hand merchandise as a return, trade-in, exchange, or for credit or refund if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same, nor to the first subsequent sale or exchange of such merchandise to any person other than an ultimate consumer;

5. The first sale, at retail of merchandise which has been rebuilt by the manufacturer or vendor originally manufacturing it, or the licensed agents thereof, and sold as factory rebuilt merchandise.

c. The burden of proof that an article was originally purchased from the person accepting or receiving it, that it was the first subsequent sale or exchange thereof to a person other than an ultimate consumer or that it was a first sale at retail of such factory rebuilt merchandise shall be upon the person asserting the same. Evidence of an existing trade-practice in the city, if any, shall be admissible for the purpose of determining whether or not merchandise is second-hand.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-126.0 added chap 929/1937 § 1

Sub h added LL 46/1939 § 1

Amended LL 62/1941 § 1

Sub h moved to § B32-130.0, LL 50/1942 § 141

Sub a amended LL 80/1959 § 1

Sub b amended LL 50/1962 § 1

CASE NOTES FROM FORMER SECTION

1. Administrative Code § B32-127.0, making it unlawful for any person to act as a dealer in second-hand articles without a license therefor, and defining (§ B32-126.0) the words "dealer in second-hand articles" as a person "dealing in the purchase or sale of second-hand articles", but excepting from the application of the law credits on merchandise accepted in full or part payment for new merchandise, held not intended to apply to the resale of used articles taken in trade as part payment. The statute, being penal in character, was to be construed strictly, and the exception relating to credits on merchandise taken in part payment for new merchandise would be of little value if the used merchandise could not be resold.--People v. Rudolph Wurlitzer Co., 282 N.Y. 457, 26 N.E. 2d 976 [1940].

2. Administrative Code § B32-126.0, relating to the licensing of dealers in second-hand articles, was intended to apply to the ordinary dealer in second-hand articles as a business for profit. Hence the Salvation Army, which is a religious and charitable organization, was not required to be licensed in order to conduct various stores in the City of New York where second-hand articles were sold or given away, the stores being maintained in conjunction with the organization's Men's Social Service Department and the articles having been acquired through donation or collection without payment therefor.--People (Mintzes) v. The Salvation Army, 176 Misc. 755, 29 N.Y.S. 2d 70 [1941].

3. Commissioner of Licenses held not to have acted arbitrarily in denying a license to petitioner to act as dealer in second hand articles, where petitioner stated in her application for a license that she had been arrested in 1947 for maintaining a house of prostitution but had failed to reveal that she had been arrested on the same charge in 1936 and again in 1939 and in each instance received a suspended sentence, and that in each instance her record was under a different name.--In re Dorf (Fielding), 120 (7) N.Y.L.J. (7-12-48) 59, Col. 2 M.

4. Contention of petitioner that the Commissioner had no right to consider her character as the statute imposed only the requirements of citizenship, a bond and payment of a fee, was rejected, as implicit in the fact of requiring a license is a command to the Commissioner to take reasonable steps to see that the applicant is a fit and proper person to engage in the licensed business. By necessary implication there is clear authority to refuse licenses to those who violate the law.--Id.

5. Refusal of Commissioner of Licenses to issue to petitioners a second-hand dealer's license for an auto wrecking business to be conducted in a commercial and unrestricted zoning area, held to have been arbitrary, where no claim was made that petitioners were not proper persons to engage in such a business, under the zoning laws a second-hand auto dealer's business was a permitted use at the location, and the properties surrounding petitioner's premises were used as a fuel depot equipped with silos and loading gear, and a lumber yard, and use of the premises by petitioners would not change the general character of the community.--In re Moehrer (McCaffrey), 127 (5) N.Y.L.J. (1-8-52) 91, Col. 1 T.

6. Commissioner's suspension of petitioner's license as a second-hand dealer would not be disturbed when on one occasion at least another whose license as a second-hand dealer and auctioneer had been previously suspended was present on petitioner's premises for purpose of negotiating a transaction in second-hand personal property, and it could be reasonably implied from the evidence that such person was conducting business in partnership or association with petitioner without being licensed.--Schepps v. Moss, 115 (62) N.Y.L.J. (3-16- 46) 1047, Col. 4 T.

7. Determination of Commissioner of Licenses suspending petitioner's license as a used car dealer primarily because of two convictions of violating the Administrative Code and two convictions for violation of the State War Emergency Act, would not be disturbed notwithstanding a certificate of reasonable doubt had been granted as to such convictions. The violations were of such a nature as to affect the integrity of the license privilege granted to the petitioner and its conduct with the public, and mere reversal of the convictions would not preclude investigation by the Commissioner or justify interference with the license suspension unless the Commissioner acted arbitrarily.--In re Sel-Zin Auto Sales, Inc. (Fielding), 116 (26) N.Y.L.J. (8- 6-46) 215, Col. 5 T.

8. A second-hand automobile dealer was entitled to a hearing prior to revocation of his license even though the statutes do not so provide. In the instant case, the exercise of the statutory power adversely affected the property rights of petitioner.--In re Brody's Auto Wrecking, Inc., 31 Misc. 2d 466, 220 N.Y.S. 2d 936 [1961].

NYC Code § 20-264 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-265. License required.

a. It shall be [FN31] unlawful for any person to act as a dealer in second-hand articles without a license therefor.

[FN31]. Section 20-265 was separately amended by two irreconcilable amendments.

b. There shall be the following types of licenses:

A general license which shall authorize the licensee to act as a secondhand dealer with respect to all articles other than secondhand automobiles, within the city during the license period specified in section 20-266 of this subchapter.

A management license which shall authorize the licensee who is not a dealer in antiques to operate and manage an antique exposition where such antiques are sold at any fair, show or exhibit within the city during a period of one month from the date of issuance of such license.

A secondhand automobile dealer's license which shall authorize the licensee to act as a secondhand dealer with respect to secondhand automobiles within the city during the license period specified in section 20-266 of this subchapter.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section amended L.L. 7/1995 § 1, eff. Jan. 10, 1995.

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-127.0 added chap 929/1937 § 1

Amended LL 3/1954 § 1

Sub b amended LL 71/1958 § 1

CASE NOTES FROM FORMER SECTION

1. This section did not apply to defendants, who, as a part of their businesses, sold cancelled postage stamps and old coins.--People v. Blumenthal, 17 Misc. 2d 93, 192 N.Y.S. 2d 284 [1959].

2. Petitioner, a second-hand dealer, lost his license on the basis of a false application for a motor vehicle license plus several arrests and convictions as a "scofflaw". Held: The action of the Commissioner was arbitrary, since the petitioner was not guilty of any fraud in connection with his license as a second-hand dealer. Furthermore, since the petitioner had been in business for 26 years and was the father of 12 children, it would be unfair to deprive him of his license.--Matter of Morales v. O'Connell, 19 Misc. 2d 949, 197 N.Y.S. 2d 245 [1959].

3. Where petitioner, a 75-year-old man had been engaged in the second-hand business for many years, was arrested in 1929 for receiving stolen goods, and in 1958 for impairing the morals of a minor, had failed to disclose these arrests in previous applications, had received several summonses for operating without a license, and his license was revoked nine months previous for failure to appear before the Commissioner, denial of his application for a license was not arbitrary.--Matter of Bimler (O'Connell), 145 (11) N.Y.L.J. (1-7-61) 12, Col. 3 M.

4. Defendant who was president of corporation which sold at wholesale remanufactured parts for gas and oil heating equipment and where purchaser would turn in defective or unworkable part which was then sent for remanufacture and sale was conducting the business of second-hand dealer although the purchaser was given no credit or price reduction for the defective part where no purchase could be made without a trade-in.--People v. Bailey, 26 N.Y. 2d 648, 256 N.E. 2d 192, 307 N.Y.S. 2d 885 [1970].

NYC Code § 20-265

END OF DOCUMENT

§ 20-266. Bonds; fee; term; fingerprinting.

a. Each dealer securing a general license shall furnish a bond to the city, with sufficient surety, to be approved by the commissioner in the penal sum of one thousand dollars conditioned for the due observance of the law relating to such dealers.

b. The fee for licenses shall be as follows: for a general license, a biennial fee of three hundred forty dollars; for a second-hand automobile dealer's license, a biennial fee of six hundred dollars.

c. The commissioner shall require that applicants for licenses issued pursuant to this subchapter be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; and the officers, principals, directors, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-size photographs of such person. Notwithstanding the foregoing, the commissioner need not require applicants for licenses required under this subchapter to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section amended L.L 66/1989 § 3

Section added chap 907/1985 § 1

Subd. b relettered and amended L.L. 8/1995 § 2, eff. Jan. 10, 1995 (formerly subd. c)

Subd. b amended (as subd. c) L.L. 7/1995 § 2, eff. Jan. 10, 1995.

Subd. b amended (as subd. c) L.L. 51/1991 § 3, eff. July 17, 1991.

Subd. b repealed L.L. 8/1995 § 2 eff. Jan. 10, 1995

Subd. c relettered (formerly subd. d) L.L. 8/1995 § 4 eff. Jan. 10, 1995.

DERIVATION

Formerly § B32-128.0 added chap 929/1937 § 1

Sub b amended LL 10/1947 § 1

Amended LL 3/1954 § 2

Amended LL 36/1954 § 1

Sub c amended LL 71/1958 § 2

Sub c amended LL 44/1970 § 5

Sub d repealed LL 74/1977 § 3

Sub c amended LL 30/1983 § 6

NYC Code § 20-266 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-266.1. Refusal to issue or renew, or suspension or revocation based on criminal conviction.

In addition to any of the powers that may be exercised by the commissioner pursuant to this subchaper or chapter one of this title, the commissioner, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license required under this subchapter if the applicant or licensee, or any of its principals, officers or directors, or any of its stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter or has been convicted of any other crime which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added L.L. 66/1989 § 4. NYC Code § 20-266.1 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-267. Report to the police commissioner.

Every dealer in second-hand articles, upon being served with a written notice to do so by a member of the police department, shall report to the police commissioner, on blank forms to be furnished by such department, a copy of the records required to be kept under section 20-273 of this subchapter, 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.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-129.0 added chap 929/1937 § 1 CASE NOTES

1. The previous owner of a 5.71 carat ring brought a conversion action against Winston. Plaintiff had sold the ring to a person named Flick, who paid for it with a check drawn on a non-existent bank. Winston, allegedly being unaware of the fraud, purchased the ring from Flick. Winston defended the suit on the ground that it was a good faith purchaser of the ring within the meaning of Uniform Commercial Code § 2-403. The court, however, held that where Winston filed a "Dealer's Report of Pledged or Purchased Property," in compliance with Administrative Code § 20-267, Winston treated the item as second hand goods. The court held that since Winston admittedly did not have a second hand dealer's license at the time of purchase, it could not validly claim that it acted with reasonable commercial standards of fair dealing and trade, and thus could not invoke UCC § 2-403. Siegelson's Diamonds and Jewelry, Inc. v. Harry Winston, Inc., 194 A.D.2d 306, 598 N.Y.S.2d 223

(1st Dept. 1993).

NYC Code § 20-267 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-268. Restrictions.

a. It shall be unlawful for any dealer in second-hand articles to carry on his or her business at any place other than the one designated in such license.

b. It shall be unlawful for any such dealer to purchase any second-hand goods, or things from any person whom he or she knows to be or has reason to believe is a minor.

c. It shall be unlawful for any person whose principal business is dealing in second-hand articles to purchase any second-hand goods or articles from any person between the hours of 12:00 A.M. and 6:00 A.M.

d. It shall be unlawful for any such dealer to sell or dispose of any articles or things except household furniture, curtains, carpets, stoves, kitchen utensils, office furniture, automobiles, motor and other vehicles, machinery, belting, building materials and barrels, or other articles or things received from a dealer or pawnbroker, or which have been received from persons known to be jewelers, dealers, banking institutions, executors or administrators, until the expiration of fifteen days after such purchase or redemption.

e. All second-hand articles or things purchased for the purpose of melting or refining by persons principally engaged in such business, from persons who are not jewelers or dealers, shall not be sold, refined or melted or disposed of until the expiration of fifteen days after such purchase.

Such items as described in the preceding paragraph shall be kept on the premises described in the license which is required by section 20-265 of this chapter.

f. Repealed.

f. Read subd. g in main volume.

g. Read subd. h in main volume.

(2) It shall be unlawful to stack or to permit the stacking of any motor vehicles of any kind, or any parts thereof, upon any private property within the city unless such vehicles or parts thereof are completely enclosed within a building, or within an area surrounded by a six foot high fence constructed of sheet metal or wood. When stacked in an open lot such motor vehicles or parts thereof shall be on the interior portion of the lot and the base of such stack shall be a distance of not less than twenty feet from such fence, and the height of such stack shall not exceed twenty feet. There shall be no less than a five hundred foot distance between the area so used and any place of worship, school or other public building.

(3) The commissioner shall cause periodic inspection to be made of the area and must be satisfied that such premises comply with all laws and rules and regulations of the department of buildings, the fire department, the department of transportation, the department of health and mental hygiene, and the department of environmental protection insofar as the same are applicable thereto. For purposes of facilitating the inspection prescribed by this section, the commissioner is authorized to call upon the heads of the above named departments and such departments and their employees shall make such inspections as may be required.

(4) The provisions set forth in paragraph (2) hereof relating to the five hundred foot distance from any place of worship, school or public building, shall not apply to any existing licensed premises.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

Subd. a amended L.L. 39/2006 § 4, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Subd. b amended L.L. 39/2006 § 4, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Subd. c amended L.L. 39/2006 § 4, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Subd. f renumbered (former subd. g) L.L. 39/2006 § 5, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Subd. f repealed L.L. 39/2006 § 5, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Subd. g renumbered (former subd. h) L.L. 39/2006 § 5, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Subd. g par (3) amended (as subd. h par (3)) L.L. 22/2002 § 42, eff. July 29, 2002 and deemed in effect as of July 1, 2002.

Subd. g par (3) amended L.L. 59/1996 § 82, eff. Aug. 8, 1996

DERIVATION

Formerly § B32-130.0 added chap 929/1937 § 1

Sub c amended LL 62/1941 § 2

Sub h added by renumbering LL 50/1942 § 141

(formerly sub h of § B32-126.0 as added by LL 46/1939 § 1)

Subs f, g amended LL 42/1959 § 2

Sub h amended LL 57/1967 § 1

Sub e amended LL 60/1981 § 2

Sub e amended LL 69/1983 § 2

CASE NOTES

1. See City Line Auto Mall, Inc. v. Mintz, 840 N.Y.S.2d 783 (1st Dept. 2007), discussed in note 6 of Admin. Code § 20-700.

NYC Code § 20-268 END OF DOCUMENT

§ 20-269. Automobile wreckers; fires.

The occurrence, as reported by the fire commissioner pursuant to subdivision c of section 27-4249 of the code, of more than two fires during any twelve-month period at a location operated for the salvage, dumping or wrecking of automobiles or parts thereof by a person licensed pursuant to this subchapter, shall be considered by the commissioner as prima facie evidence of the existence of a continuous danger to public health and safety and shall be grounds for the suspension or revocation of said license.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-130.1 added LL 14/1966 § 3

(laid out incorrectly as § B32-130) NYC Code § 20-269 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-270. Sign for new and second-hand articles.

Every person licensed as a dealer in second-hand articles, who also sells new articles within the licensed premises, shall have a sign of not less than two hundred sixteen square inches with letters thereon not less than two inches in height prominently displayed within the department or area where said articles are sold, informing the public that new articles and second-hand articles are sold within said department or area.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-130.1 added LL 179/1964 § 1 NYC Code § 20-270 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-271. Labelling of second-hand articles.

Every person licensed as a dealer in second-hand articles, who also sells new articles within the licensed premises, shall label all second-hand articles in such manner that the public will be informed thereof.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-130.2 added LL 179/1964 § 1 NYC Code § 20-271 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-272. Lost or stolen property.

a. If any goods or articles shall be advertised in any newspaper printed in the city as having been lost or stolen, and if any goods or articles answering such advertised description or any part thereof, shall be in or come into the possession of any dealer in second-hand articles, upon receiving written or oral notice to do so, such dealer shall give information thereof in writing to the police commissioner.

b. Every dealer in second-hand articles who shall have or receive any goods, or articles lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to the commissioner or departmental inspector, or to any judge of the criminal court, to any police officer, or to any person, duly authorized in writing by the commissioner or by any judge of the criminal court, who shall exhibit such written authority to the dealer.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-131.0 added chap 929/1937 § 1 NYC Code § 20-272 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 11. DEALERS IN SECOND-HAND ARTICLES. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-273. Record of purchase and sales.

a. Every dealer in second-hand articles shall keep a book in which shall be legibly written in English, at the time of every purchase and at the time of every sale, a description of every article so purchased or sold, the number or numbers and any monograms, inscription or other marks of identification that may appear on such article, a description of the articles or pieces comprising old gold, silver, platinum, or other metals, and any monogram, inscription or marks of identification thereon, the name, residence and general description of the person from whom such purchase was made or to whom sold and the day and hour of the purchase or sale.

b. In the case of a purchase or sale of a pawnbroker ticket or other evidence of a pledged article or a redemption or sale of a pledged article, there shall be written in such book at the time of such purchase, sale or redemption:

1. The name and address of the person who issued such ticket or other evidence;

2. The pledge number of such pawn ticket or other evidence;

3. The name and address of the pledgor as it appears upon such pawn ticket or other evidence;

4. The amount loaned or advanced as it appears on such pawn ticket or other evidence;

5. The day and hour of such purchase, sale or redemption, as the case may be;

6. The name, residence and general description of the person from whom or to whom the redeemed article is purchased or sold, as the case may be;

7. The sum paid or received for such pawn ticket or other evidence, or the sum paid or received for the redeemed article or pledge;

8. Such description of a pledged article as appears on such pawn ticket or other evidence and an accurate description of every redeemed pledged article.

c. In the case of a sale or other disposal of a motor vehicle, motor cycle or motor thereof, the licensee shall, in addition to any other entry required, enter in a permanent record the manner in which said motor vehicle, motor cycle or motor was removed from the premises, giving the name and address of the person who removes it and the motor vehicle registration number of any vehicle used to tow, remove or transport such motor vehicle, motor cycle or motor.

d. Such book, at all reasonable times, shall be open to the inspection of any police officer, to the commissioner or departmental inspector, or any judge of the criminal court, 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.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-132.0 added chap 929/1937 § 1

Sub d relettered LL 60/1957 § 1

(formerly sub c)

Sub c added LL 60/1957 § 2

Amended LL 60/1981 § 3

CASE NOTES FROM FORMER SECTION

1. Where police officers came to junkyard to inspect book recording purchases and sales and when it was not produced began to roam area not more than 12 feet from office shed and noticed that vehicle identification numbers on automobile parts had been obliterated after which defendants were arrested and parts seized the search was upheld since premises were open for business and accessible to public and objects were in open view.--People v. Ruggieri, 85 Misc. 2d 141, 379 N.Y.S. 2d 333 [1976].

2. New York City Charter § 436 which gives the police commissioner power to search and supervise junkyards is limited by subdivision d of this section and hence the commissioner does not have unbridled discretion.--People v. Pace, 111 Misc. 2d 488 [1981].

NYC Code § 20-273

END OF DOCUMENT

§ 20-274. Dealers in old clothes; regulation. [Repealed]

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section repealed L.L. 39/2006 § 6, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-133.0 added chap 929/1937 § 1

NYC Code § 20-274

END OF DOCUMENT

§ 20-275. Violation.

Any person who shall violate any of the provisions of this subchapter or any rule or regulation issued thereunder shall be guilty of a class A misdemeanor and upon the first conviction be subject to a fine of at least five hundred dollars and upon any subsequent conviction be subject to a fine of one thousand dollars and/or imprisonment of at least fifteen days.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-134.0 added LL 60/1981 § 5 NYC Code § 20-275 END OF DOCUMENT New York City, N.Y., Code § 20-276 NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 12. PAWNBROKERS.

Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-276. Pawnbroker's clerks.

It shall be unlawful for any pawnbroker to employ a person under the age of sixteen years to accept or receive any pledge.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-135.0 added chap 929/1937 § 1

NYC Code § 20-276

END OF DOCUMENT

NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 12. PAWNBROKERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-277. Reports.

The police commissioner, at such times as he or she may prescribe in a written notice served upon any pawnbroker by a member of the police department, may require such pawnbroker to report to such commissioner, upon blank forms to be furnished by the police department, a description of all goods, articles or things, or any part thereof, pawned or pledged in the course of business of such pawnbroker during the days specified in such notice, stating the numbers of the pawn tickets issued therefor, the amounts loaned thereon, and such identifying marks as may be on the goods pawned. If such notice from the police commissioner so prescribes, such pawnbroker, until he or she is notified to discontinue so doing, shall keep and furnish on such forms, a general description as to sex, color and apparent age of every person depositing such pledges.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-136.0 added chap 929/1937 § 1

CASE NOTES FROM FORMER SECTION

1. Where defendant-dealer in pawntickets had purchased from F certain pawntickets and later redeemed the pledges from defendant-pawnbrokers by paying the amount set forth on such pawntickets, and subsequently plaintiffs were held entitled to recover from the dealer the pawned items inasmuch as they had been stolen from plaintiffs, defendant-dealer was not entitled to recover its loss from the other pawnbrokers, as in redeeming the pledges to defendant they did not warrant either the genuineness of the pledge nor title thereto in themselves. Administrative Code § B32-135.0 imposed no duty upon the pawnbrokers in the first instance to advise the Police Commissioner of articles pledged with them, although they might be required by the Commissioner to so report.--Kind v. B. Gutter & Sons, Inc., 191 Misc. 331, 80 N.Y.S. 2d 669 [1947].

NYC Code § 20-277

END OF DOCUMENT

NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 13. AUCTIONEERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-278. License required.

It shall be unlawful for any person to engage in the business of auctioneer without a license therefor.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-138.0 added chap 929/1937 § 1 CASE NOTES FROM FORMER SECTION

1. Although reinstatement of the auctioneer's license might not be directed inasmuch as it had expired, its expiration did not make the application academic, since the suspension of the license, if allowed to stand, might prejudice petitioner on any application for a new license.--In re Schepps (Moss), 114 (70) N.Y.L.J. (9-22-45) 592, Col. 6 T.

2. Auctioneer cannot delegate any duties which he is prescribed by law to perform. Therefore appellant auctioneer must account to court for proceeds of property sold at public auction and failure to do so is grounds for revocation of license.--Matter of Creveling & Son Corp., 283 N.Y. 760, 28 N.E. 2d 975 [1940], aff'g, 259 App. Div. 351, 19 N.Y.S. 378 [1940].

3. The suspension of an auctioneer's license for permitting his signs to advertise an auction where the prospective seller had not obtained a license for a going out of business sale was improper where the auctioneer was not aware that the seller had been denied a license when he erected the signs and promptly removed them upon receiving a summons from the Department of Licenses.--Wohlmuth v. O'Connell, 147 (117) N.Y.L.J. (6-18-62) 13, Col. 5 M.

4. Denial of application for an auctioneer's license was upheld where petitioner continued to sell by auction in Westchester county automobiles located in New York City and to use a business card and telephone listing implying that he was licensed in New York City after having been directed by Department of Licenses to discontinue this practice.--Ezersky v. Tyler, 157 (70) N.Y.L.J. (4-12-67) 18, Col. 3 T.

NYC Code § 20-278 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 13. AUCTIONEERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-279. Fee; bond; fingerprinting.

a. The annual fee for such license shall be two hundred dollars.

b. Each applicant for such license shall file with the commissioner, a bond with two good sureties, in the penal sum of two thousand dollars, which bond shall meet with the approval of the commissioner.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section amended L.L 66/1989 § 5

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-139.0 added chap 929/1937 § 1

Sub a amended LL 44/1970 § 6

NYC Code § 20-279

END OF DOCUMENT

§ 20-279.1. Refusal to issue or renew, or suspension or revocation based on criminal conviction.

In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or chapter one of this title, the commissioner, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license required under this subchapter if the applicant or licensee, or any of its principals, officers or directors, or any of its stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter or has been convicted of any other crime which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added L.L. 66/1989 § 6.

NYC Code § 20-279.1

END OF DOCUMENT

§ 20-280. Requirements for auctioneers.

Each auctioneer shall cause his or her name and license number to be conspicuously displayed at any place where he or she shall conduct an auction sale during such sale.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-140.0 added chap 929/1937 § 1

NYC Code § 20-280

END OF DOCUMENT

§ 20-281. Persons acting as auctioneers.

It shall be unlawful for any person not licensed as an auctioneer to represent or circulate or place before the public any announcement, or to insert or cause to be inserted in any city, business or telephone directory, any notice that he or she is conducting the business of auctioneering.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-141.0 added chap 929/1937 § 1

Amended LL 172/1939 § 20

Sub b repealed LL 20/1973 § 2

NYC Code § 20-281

END OF DOCUMENT

§ 20-281. Persons acting as auctioneers.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-141.0 added chap 929/1937 § 1

Amended LL 172/1939 § 20

Sub b repealed LL 20/1973 § 2

NYC Code § 20-281

END OF DOCUMENT

§ 20-282. Advertising.

Every auctioneer in his or her own name, shall give notice in one or more of the public newspapers printed in the city, of every auction sale to be conducted by him or her. In the event that such auctioneer shall be connected with any firm or other person his or her name shall in all cases precede the name of such firm or other person.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-142.0 added chap 929/1937 § 1

Sub b repealed LL 20/1973 § 2

CASE NOTES FROM FORMER SECTION

1. Action of Commissioner of Licenses in revoking petitioner's license as auctioneer would not be disturbed where petitioner had violated Administrative Code § B32-142.0 by placing an auction advertisement in newspaper without including name of auctioneer.--Schepps v. Moss, 115 (62) N.Y.L.J. (3-16-46) 1047, Col. 4 T.

NYC Code § 20-282 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 13. AUCTIONEERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-283. Night auctions. [Repealed]

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section repealed L.L. 39/2006 § 7, eff. Dec. 16, 2006. [See § 17-315 Note 1]

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-143.0 added chap 929/1937 § 1

Sub d repealed LL 20/1973 § 2 NYC Code § 20-283 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 13. AUCTIONEERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-284. Sale of jewelry.

a. Each auctioneer shall cause to be delivered to the purchaser of diamonds, precious stones or other jewelry, a signed document containing a description of the article sold and the representations made in regard thereto at the time of the sale.

b. Each article of jewelry sold at public auction shall have affixed thereto a tag, on which shall be printed or written a correct description of such article.

General Materials (GM) - References, Annotations, or Tables>

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-144.0 added chap 929/1937 § 1 NYC Code § 20-284 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 13. AUCTIONEERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-285. Restrictions.

a. It shall be unlawful for any auctioneer, his or her agent, employee or servant to sell at public auction or expose for such sale:

1. Any dry-goods, clothing, hardware, household furniture, woodenware or tinware by retail or in small parcels or pieces, in any street or public place;

2. Any goods, wares, merchandise or other things to any person who, at the time of bidding for or while examining such articles, shall be on any street;

3. Any goods, wares, merchandise or other things in any street or public place, or place them thereon, unless he or she first shall obtain the consent or permission, in writing, of the occupant of the lot or building before which such articles or any part thereof shall be placed or exposed for sale.

b. It shall be unlawful to employ any means of attracting the attention of purchasers, other than a sign or flag, at or near any place of sale, auction room, residence of any auctioneer, or at or near any auction whatsoever.

c. Every article sold or exposed for sale at public auction, in any street or public place, shall be removed therefrom by sunset on the day of such sale or display.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-145.0 added chap 929/1937 § 1

Sub d added LL 172/1939 § 21

Sub d repealed LL 20/1973 § 2

NYC Code § 20-285

END OF DOCUMENT

§ 20-286. Sale of real property; fees.

a. It shall be unlawful for any auctioneer to demand or receive for his or her services, in selling, at public auction, any real estate directed to be sold by any judgment or decree of any court of this state, a greater fee than fifty dollars for each parcel separately sold, except that in all sales of real estate conducted by any auctioneer pursuant to a judgment or decree of any court of this state in any action brought to foreclose a mortgage or other lien on real estate, the fees of such auctioneers shall be as follows:

1. in all cases where the judgment of foreclosure is for an amount not exceeding five thousand dollars, the fee shall be fifteen dollars;

2. in all cases where the judgment of foreclosure is for an amount in excess of five thousand dollars, but not exceeding twenty-five thousand dollars, the fee shall be twenty-five dollars;

3. in all cases where the judgment of foreclosure is for an amount in excess of twenty-five thousand dollars, the fee shall be fifty dollars.

b. Where such sale is made at any public salesroom, such auctioneer may demand and receive such further amount not exceeding ten dollars for each parcel separately sold as he or she may have actually paid for the privilege or right of making the sale in such salesroom.

c. Where one or more lots are so sold at public auction with the option to the purchaser of taking one or more additional lots at the same rates or price, nothing herein contained shall be construed to prevent the auctioneer making such sale from demanding and receiving for his or her services the compensation or fee above allowed, for each additional lot taken by such purchaser under such option.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-146.0 added chap 929/1937 § 1

Sub b amended chap 83/1947 § 1

CASE NOTES FROM FORMER SECTION

1. On petition for approval of report of assignee for benefit of creditors of a bankrupt, the payment of a 10 percent sales commission to an auctioneer was deemed excessive, although there appeared to be no statutory limit in New York County, as Administrative Code § B32-146.0 applies only to real property.--In re Moskowitz, 25 F. Supp. 341 [1938].

2. Where, on instructions of plaintiff's attorney, an attempt was made to sell the property in three different lots, but only one sale was consummated by selling the entire property in one parcel, the auctioneer was entitled to $50 for the parcels sold and $10 for use of the salesroom.--R.R.C. v. Bristol & Martin, Inc., 121 (53) N.Y.L.J. (3-17-49) 977, Col. 5 M.

NYC Code § 20-286 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 13. AUCTIONEERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-287. Split fees.

It shall be unlawful for any auctioneer, either directly or indirectly, to allow or pay to the receiver, referee, sheriff, or other officer under whose direction a sale is made, pursuant to section 20-286 of this subchapter or to any of the attorneys in the action or proceeding from which such sale arises, any portion of his or her fee or compensation.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-147.0 added chap 929/1937 § 1 NYC Code § 20-287 END OF DOCUMENT NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES NEW YORK CITY ADMINISTRATIVE CODE TITLE 20. CONSUMER AFFAIRS CHAPTER 2. LICENSES. SUBCHAPTER 13. AUCTIONEERS. Currency through Local Laws 51 of 2008 and Chapters 1 - 652 of the Laws of the State of New York for 2008.

§ 20-288. False or fraudulent representations.

Any auctioneer who shall have knowledge of any false or fraudulent representations or statements or who makes or causes any such statements to be made in respect to the character of any sale, or the party authorizing the same, or the quality, condition, ownership, situation, or value of any property, real or personal, exposed, put up, or offered by him or her for sale at public auction, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment not exceeding one year or by a fine not exceeding one thousand dollars.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-149.0 added chap 929/1937 § 1

Sub b repealed LL 20/1973 § 2

CASE NOTES FROM FORMER SECTION

1. Evidence held to sustain conviction of defendant for violating Administrative Code § B32-149.0 in the making of false representations regarding the quality and value of goods offered for sale at auction.-- People v. Sylvia, 263 App. Div. 1006, 33 N.Y.S. 2d 609 [1942].

NYC Code § 20-288

END OF DOCUMENT

§ 20-289. Complaints.

a. The commissioner may take testimony, under oath, relating to and upon the complaint of any person who claims he or she has been defrauded by any auctioneer, his or her clerk, agent or assignee, or relating to and upon the complaint of any person who has consigned real or personal property for sale and to whom such auctioneer shall not have accounted fully. The license of each such auctioneer may be revoked and his or her bond declared forfeited if, in the opinion of the commissioner, such charge is sustained. Any such person whose license has been revoked for cause shall not be granted another such license.

b. The commissioner may take testimony, under oath, relating to and upon the complaint of any person who claims that any auctioneer, his or her clerk, agent or assignee, has been guilty of misconduct relating to the business transacted under such auctioneer's license, and if such charge, in his or her opinion, shall be sustained, the commissioner may suspend such license for a period not to exceed six months.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-150.0 added chap 929/1937 § 1

CASE NOTES FROM FORMER SECTION

1. Under Administrative Code § B32-150.0 empowering Commissioner of Licenses upon complaint of any person "who claims he has been defrauded by any auctioneer" to revoke license of such auctioneer, Commissioner held warranted in revoking license where auctioneer had issued worthless checks to complainant in payment of property purchased from complainant, since issuance of such checks justified a finding that complainant had been defrauded, and it was immaterial that the fraud had not related to business transacted under the auctioneer's license.--Levin v. Moss, 169 Misc. 42, 6 N.Y.S. 2d 473 [1938].

2. That defendant auctioneer engaged by assignee for benefit of creditors to conduct an auction sale, had allegedly, to knowledge of the assignee, entered into an arrangement with an office associate whereby the defendant was merely to act as the auctioneer on the day of the sale for $50, although the commissions would amount to about $600, held not to relieve defendant of his obligation to account for and pay over the moneys realized on the auction sale, since duty of auctioneer to receive proceeds of property sold at auction and his obligation to account therefor are non-assignable (Admin. Code §§ B32- 138.0, B32-140.0, B32-141.0, B32-142.0, B32-151.0).--In re John C. Creveling & Son Corp., 259 App. Div. 351, 19 N.Y.S. 2d 378 [1940], aff'd. without opinion, 283 N.Y. 760, 28 N.E. 2d 975 [1940].

3. An auctioneer is subject to the summary jurisdiction of the court for which he acts in respect of his conduct in relation to an estate which has been made the subject of a general assignment and a public sale, since such an estate is in custodia legis. Hence, auctioneer who failed to account for proceeds of property which he sold at an auction and failed to pay over a balance of the proceeds, was properly directed to turn over such sums to the assignee and on failure to do so was properly adjudged in contempt.--Id.

4. Petitioners were informed by the Department of Licenses that the establishments with which they were connected were conducting fraudulent auctions. They were directed to cease operating or continuing their connections with such establishments, under penalty of forfeiting their license. They refused. The Commissioner's action in revoking their auctioneer licenses, under the circumstances, was neither arbitrary, capricious, nor contrary to law.-- Matter of Friedman, 18 Misc. 2d 975, 190 N.Y.S. 2d 439 [1959].

NYC Code § 20-289

END OF DOCUMENT

§ 20-290. Marshals exempt.

Nothing in this subchapter shall apply to a duly appointed marshal, who, by virtue of his or her office sells real or personal property, levied upon by him or her under legal process.

General Materials (GM) - References, Annotations, or Tables

HISTORICAL NOTE

Section added chap 907/1985 § 1

DERIVATION

Formerly § B32-152.0 added chap 929/1937 § 1

NYC Code § 20-290

END OF DOCUMENT

NEW YORK CITY CHARTER, CODE, AMENDMENTS & RULES

RULES & REGULATIONS OF THE CITY OF NEW YORK

TITLE 6. DEPARTMENT OF CONSUMER AFFAIRS

CHAPTER 5. UNFAIR TRADE PRACTICES.

SUBCHAPTER L. COLLATERAL LOAN BROKERS.

The Rules & Regulations of the City of New York

is current through June 30, 2009.

§ 5-221. Fees.

No collateral loan broker shall charge or exact a fee other than that permitted by § 44 of the General Business Law, except that the collateral loan broker may charge a reasonable fee for:

(1) insuring the articles from injury, fire, theft, burglary, robbery and other contingencies; and

(2) extra care actually given when specifically requested by the customer and only if such fee does not exceed the following amounts:

(i) Storage of furs, fur coats, fragile, delicate or bulky items: $25.00.

(ii) Storage of art objects including paintings, sculptures and all works in any other medium for sizes not to exceed 36 inches by 36 inches: $25.00 plus any costs actually incurred for special crating and packaging; and for sizes exceeding the foregoing: an amount separately agreed to by the parties.

(iii) Vault storage for stamp or coin collection: $20.00.

(iv) Vault storage for jewelry: 2 percent of the amount of the loan not to exceed $20.00; if the loan exceeds $1,000: an amount separately agreed to by the parties.

(v) Transportation of pledged items to and from the vault either by courier(s) or vehicle(s), together with security therefore: one percent of the amount loaned.

(vi) Special handling or wrapping of cameras and photographic equipment: $5.00.

(vii) Special handling of musical instruments: $5.00 for standard size; instruments exceeding standard size: by separate agreement of the parties.

(viii) Special handling of radios, hi-fi's, VCR's, stereos and television equipment: $10.00.

(ix) Special handling for other electrical apparatus, including computers: $10.00.

HISTORICAL NOTE

Section amended City Record May 23, 1996 § 1, eff. June 22, 1996. [See Note 1]

Section in original publication July 1, 1991

NOTE

1. Statement of Basis and Purpose in City Record May 23, 1996:

Subchapter L of Chapter 5 of Title 6 of the Regulations of the City of New York establishes the maximum fee schedule for extra care charges that collateral loan brokers can collect for the types of pledged items listed in the rule and specifies the conditions under which the fees can be collected. The current fee structure and list of pledged items was adopted in 1944 and was last updated in 1955 when the fees for a few items were adjusted. The Department, therefore, is adjusting the fees to account for inflationary changes since then, is updating the list of pledged items to reflect current lending practices and is making other technical and administrative changes to update the regulation to reflect current industry practices.

6 RCNY § 5-221

END OF DOCoMENT

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