LL #06-2009NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of Wappinger
O Town
❑ Village
Local Law No.
0
of the year 20 09
A local law entitled "Town of Wappinger Local Law #6 of 2009, Creating Chapter 99 of the Code of
(Insert Title)
Wappinger Entitled "Collateral Brokers (Pawnbrokers)'.
Be it enacted by the Town Board of the
Name o egislative ody
❑ County
❑ City of Wappinger
A Town
❑ Village
(Text commences on next page)
DOS -239 (Rev. 05/05)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Page 1 of 3
LOCAL LAW NO.6 OF THE YEAR 2009
A Local Law entitled Local Law No. 6 of the Year 2009, Creating Chapter 99 of the
Town Code, "Collateral Loan Brokers. (Pawnbrokers)"
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title.
This Local Law shall be known and cited as Town of Wappinger Local Law No. 6 of
2009, Creating Chapter 99 of the Town Code, "Collateral Loan Brokers. (Pawnbrokers)" This
Local Law No. 6 of the Year 2009 hereby establishes and creates Chapter 99 "COLLATERAL
LOAN BROKERS (Pawnbrokers)" of the Code of the Town of Wappinger.
Section -II: Creation of Chapter 99: "COLLATERAL LOAN BROKERS."
Chapter 99 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 99
COLLATERAL LOAN BROKERS (PAWNBROKERS)
§ 99-1. Legislative Intent and Puruose.
A. The purpose of this chapter is to promote the health, safety and general welfare of the
people of the Town of Wappinger, New York and to protect and preserve property values
by imposing requirements that insure that collateral loan brokerage businesses are
operated by citizens of good character and are located in such zoning districts as may be
designated by the Town Board as appropriate for such activities. Collateral loan brokers
are commonly called pawnbrokers.
B. This Local Law is enacted pursuant to the authority granted to the Town by Article 5 of
the General Business Law concerning Collateral Loan Brokers and by Article 9 of Town
Law concerning Ordinances and Licenses.
§ 99-2. License Required
A. It shall be unlawful for any person, corporation, partnership or other business entity to
conduct or carry on the business of collateral loan broker unless a license therefor has
been duly issued as herein provided.
B. It shall be unlawful for any person, corporation, partnership or other business entity to
conduct or carry on the business of collateral loan broker at any location other than that
specified in the license issued by the Town of Wappinger.
C. Only a person duly licensed as a collateral loan broker pursuant to this Chapter shall be
permitted to use the phrase "pawnbroker" in connection with the collateral loan business.
§ 99-3. Authorization to Issue License; License Fee; Payment to Town Clerk.
A. Pursuant to the authority conferred by General Business Law Article 5, §41, the Town
Clerk of the Town of Wappinger is hereby authorized to grant, under his or her hand and
the seal of the office, to such citizen or citizens, or aliens lawfully admitted for permanent
residence in the United States, as he or she shall deem proper, and who shall produce to
him or her satisfactory evidence of their good character, a license to carry on the business
of collateral loan broker, provided that such citizen or citizens or lawful aliens desiring
said license shall make application for said license to said Town Clerk, submitting the
required information in writing and under affidavit together with the license fee required
by the Town Fee Schedule set forth at § 122-16.
§ 99-4. License Application.
A. Every person who wishes to engage in business as a collateral loan broker must make
written application, under oath on such forms as the Town Clerk shall provide which
shall contain the following information:
1. The name, age and address of the applicant, specifying, in the case of any
unincorporated association, the names, ages and addresses of each member
thereof and, in the case of any business entity, the names, ages and addresses of
each officer or member thereof.
2. If the applicant shall employ more than three employees, the applicant shall
designate one individual as the manager of the collateral loan broker business in
accordance with General Business Law § 41-a.
3. All crimes, if any, of which the applicant or any member thereof has been
convicted and, if an unincorporated association, that any officer thereof has been
convicted, stating the name, if any, and location of the courts and the dates on
which such convictions were had and the penalties imposed therefore.
4. The experience of the applicant as a collateral loan broker, if any.
5. The address of the place from which the collateral loan brokerage business shall
be conducted.
6. The applicant must demonstrate that it owns, leases or subleases its business
premises by providing a deed if the applicant owns such premises or by providing
a copy of the lease or sublease agreement if the applicant leases or subleases such
premises.
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7. Every applicant shall submit a complete current schedule of fees for all services.
The schedule of prices to be charged may be revised at any time but shall not be
effective until filed with the Town Clerk.
Consent in writing that the applicant authorizes the Town to make a request for
the applicant's criminal history record from the New York State Division of
Criminal Justice Services (DCJS) or approved private company upon a form
prescribed by the Town.
9. Two sets of fingerprint cards for all applicants prepared by the State Police, the
Dutchess County Sherriff's Department or other entity approved by the Town
Clerk to perform fingerprinting for identification processing.
10. Any other relevant information that the Town Clerk may deem necessary.
B. The application shall be accompanied by a non-refundable application fee as set forth in
§ 122-16 of the Code and a criminal background investigation fee as required by DCJS:.
§ 99-5. Criminal Background Check
A. The Town Clerk, or his or her designee, shall forward the applicant's fingerprint cards
and all applicable fees to DCJS.,
B. The criminal history records processed by DCJS shall be submitted to the Town Clerk or
his or her designee, for review and consideration of the contents of those records.
C. If the information received indicates that there is a pending criminal offense that would
require a disqualification, the applicant shall forward documentation to the Town Clerk
evidencing the disposition of such offense in accordance with the procedures established
by the Town Clerk.
D. Upon a determination of disqualification, the Town Clerk or his or her designee shall
notify the applicant. Said notice to the applicant shall include information regarding the
right to appeal and contest any claimed ground for disqualification in accordance with the
procedures established by the Town Clerk. Any challenge to information contained in
criminal records provided by DCJS shall be conducted in accordance with the applicable
DCJS rules and regulations.
§ 99-6. Issuance of License
A. Upon certification by the Town Clerk that the applicant has complied with all applicable
provisions of law, and upon payment of the prescribed fee, the Town Clerk, or his or her
agent, shall notify the applicant that the application has been approved. Such notification
shall inform the applicant that in order to receive a license an acceptable bond as required
by § 99-7 is required to be posted.
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B. Upon receipt of a bond in acceptable form, the Town Clerk and provided that the
application has been approved, the Town Clerk shall issue a license to conduct business
as a collateral loan broker.
C. All licenses shall be issued for a period of one year and may be renewed in accordance
with the provisions of this Chapter annually.
D. Each license issued hereunder may not be transferred.
E. If the Town Clerk shall deny any application for a license, such denial shall be in writing
and state the reasons therefor. Any applicant who shall be denied a license shall have the
right to appeal such denial to the Town Board at its next regular meeting. A decision of
the Town Board to approve or deny such an application after an appeal to it shall be in
writing and entered into the Town Clerk's minutes. Such decision shall be final.
§ 99-7. Bond
A. An approved applicant shall, at the time of receiving such license, file with the Town
Clerk a bond payable to the Town of Wappinger, to be executed by the person so licensed
and by two (2) responsible sureties, in the penal sum of ten thousand dollars
($10,000.00). Said bond is subject to approval of the Town Clerk. This bond shall be
conditioned for the faithful performance of the duties and obligations pertaining to the
business so licensed and the observance of all laws and ordinances relating thereto.
B. An action on the bond may be instituted by any person aggrieved pursuant to General
Business Law § 42.
§ 99-8. Hours of Operation
A. No premises in which the business of a collateral loan broker is conducted, either alone or
in connection with some other business, in the Town of Wappinger shall be open except
between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday.
§ 99-9. Permissible Zoning Districts.
A. Collateral Loan Brokers shall be permitted to operate only in such Zoning Districts as
permitted by Chapter 210 of the Code.
§ 99-10. Compliance with state law and regulations required.
A. A collateral loan broker shall comply with all the provisions of Article 5 of the General
Business Law as well as all rules and regulations promulgated by the State Comptroller
pursuant to General Business Law § 55 and all applicable provisions of the Town of
Wappinger Code.
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§ 99-11. Record book.
A. Every collateral loan broker so licensed as hereinbefore provided shall keep a book in
which shall be fairly written, at the time of such loan:
1. an account and description of the goods, articles or things pawned or pledged,
2. the amount of money loaned thereon,
3. the time of pledging the same,
4. the rate of interest to be paid on such loan, and
5. the name and residence of the person pawning or pledging said goods, articles or
things.
B. The 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
the substance of the entry required to be made in his book, as in this section provided,
and no charge shall be made or received by any collateral loan broker for any such entry,
memorandum or note.
C. Said book shall, at all reasonable times, be open to the inspection of the Town Clerk the
State Police, the Dutchess County Sherriff's Department and all other parties authorized
by General Business Law § 45.
§ 99-12. Interest rates, storage and sale of goods.
A. Interest rates and other fees charged shall be such as will be allowed under Article 5 of
the General Business Law of the State of New York.
§ 99-13. Notice of Sale; Disposition of Surplus Moneys.
A. Notice of every such sale shall be published for at least six (6) days previous thereto in
the official newspaper or newspapers printed in the Town of Wappinger, and each such
notice shall specify the time and place at which such sale shall take place, the name of the
auctioneer by whom the same is to be conducted and a general description of the kind of
article to be sold, together with a statement of the inclusive dates of the pawn tickets
representing the pledges to be sold. Any person, including the collateral loan broker,
may become the purchaser of any or all goods, articles or things to be sold at any such
sale. The surplus money, if any, arising from the sale of each article or thing at such sale,
after deducting the amount loaned therefor, the interest due thereon and the expenses of
the advertising and sale apportionable thereto, shall be paid over by the collateral loan
broker to the person who would have been entitled to redeem the same in the event such
sale had not taken place.
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§ 99-14. Continuing Education.
A. All collateral loan brokers shall comply with the continuing education requirements of
General Business Law § 41-a and proof of such compliance shall be filed with the Town
Clerk.
B. No license issued under this Chapter shall be renewed unless the continuing education
requirements have been completed.
§ 99-15. Enforcement.
A. The Town Clerk, the Building Inspector, the Code Enforcement Officers, the Zoning
Administrator and any police officer or peace officer as defined in the New York State
Criminal Procedure Law shall have the authority to enforce the provisions of this
Chapter.
§ 99-16. Penalties for offenses.
A violation of any provision of this Chapter shall be deemed an offense punishable by:
A. a fine as set forth in Chapter 122, Article V, Section 122-20 of the Code for a first
offense;
B. a fine as set forth in Chapter 122, Article V, Section 122-20 of the Code;
C. a fine as set forth in Chapter 122, Article V, Section 122-20 of the Code or a period of
imprisonment of not more than 15 days for a third and any subsequent offense.
§ 99-17. Penalties for state law violations.
A. Pursuant to General Business Law § 51, the Town Clerk shall have full power and
authority after notice and a hearing before the Town Board to impose fines and penalties
of not less than $25 nor more than $100 upon persons offending against any of the
provisions of General Business Law Article 5, §§ 42 through 50, and may also suspend or
revoke the license of the collateral loan broker willfully violating any of the aforesaid
provisions.
§ 99-18. Revocation of License.
A. Any license issued pursuant to this chapter may be revoked by the Town Clerk, due to a
violation of this chapter or Article 5 of the General Business Law, after written notice and
an opportunity to be heard.
Section -III: Amendment of: Fee and Fine Schedules in Chapter 122
A. Chapter 122, Articles IV § 122-16 "Fee Schedule" is hereby amended to by the addition
of the following:
rel
"Chapter 99, Collateral Loan Broker.
1. § 99-4(B). Application Fee $250.00"
B. Chapter 122, Articles IV § 122-20 "Fine Schedule" is hereby amended to by the addition
of the following:
"Chapter 99, Collateral Loan Broker.
1. § 99-16 (A) fine:
(a) Minimum: $ 100.00
(b) Maximum: $ 300.00
2. § 99-16 (B) fine:
(a) Minimum: $ 200.00
(b) Maximum: $ 500.00
3. § 99-16 (B) fine:
(a) Minimum: $ 300.00
(b) Maximum: $1,000.00"
Section -IV: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section -V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local
Law would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section -VI: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 09 of
the (BMM)( )(Town)( of Wappinger was duly passed by the
Town Board on May 11th, 20 09 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 —and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 — in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (Cou nty)(City)(Town)(Vi I I age) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 —,and was (approved)( not approved)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 — in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
was duly passed by the
on 20 —and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph 1 ,above.
Clerk giVhe county legislative body, City, Town or Village Clerk or
officer'designated by local legislative body
(Sea!) Date: Jr.1( T,p�
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
'
lif Wappinger
Town
=00
Date: `
DOS -239 (Rev. 05/05) Page 3 of 3