After Tweaks, Changes, Greenfield Resale Ordinance Finally Passes
A similar ordinance had business owners up in arms last summer.
One year after creating an uproar with its resale ordinance that was later rescinded, it appears the City of Greenfield got its redo done right.
The Greenfield Common Council approved the repeal and recreation of its ordinance relating to pawnbrokers, second-hand article dealers and second-hand jewelry dealers Tuesday by a 3-1 vote.
Alderperson Thomas Pietrowski voted against the ordinance; Alderperson Pam Akers was not in attendance.
“The creation of this ordinance was kind of an unprecedented thing, at least as long as I’ve been around, which is 21 years,” Greenfield Interim Police Chief Brad Wentlandt said. “The ordinance, as it sits before you, is probably 50 percent input from the business and 50 percent regulatory issues we had brought for you.
“Everything is ready to be implemented now. The businesses , most of them, are in favor of the ordinance. The rest of them are willing to comply with it and are satisfied with the changes that are in place.”
Attorney Andy Skwierawski, who spoke on behalf of Half Price Books, said his firm’s client fell in the latter category.
“Half Price Books is not overjoyed about adding another regulatory regime to its operation,” he said. “There’s already state regulatory system in place, however, given the revision to the legislation, it believes it can live within they system that has been laid out.”
Under the ordinance, licensed pawnbrokers and second-hand dealers must comply to extensive record-keeping regulations that include complete and accurate descriptions of each item, the purchase price of items; date, time and place the item was received; full name current address and other personal information of the seller, among other details.
In addition, businesses must also take color photographs, color videos or fingerprints of customers involved in billable transactions, but only when a pawnbroker or dealer purchases something with a unique serial number. This does not apply to computer software, computer or video games, DVDs, loose precious stones and golf clubs.
Businesses must submit every reportable transaction to the police department within 24 hours. The ordinance also outlines when a hold must be placed on an item, when police can confiscate an item and when police can investigate items.
It also lists prohibitive acts, such as pawnbrokers accepting items from a person of unsound mind or an intoxicated person.
A point of contention for Alderperson Pietrowski were transaction fees. Pawnbrokers and second-hand dealers, who begin operation within city limits after publication of the ordinance, which is expected to happen in 1-2 weeks, will pay $.50 per transaction less than $10; $1 per transaction of $10 to $100; or $1 plus 1 percent of the total transaction fee for transactions over $100.
Pietrowski believes those fees will cause potential resale business owners to stay away from Greenfield.
Wentlandt said transaction fees are a potential cost-saving measure for taxpayers. He said the department already investigates 50,000 transactions annually and is at capacity. Should a large-scale, second-hand dealer open shop in Greenfield, it would put a heavy strain on Greenfield police, Wentlandt said.
“The way we look at is, is it fair for residential taxpayers to pay those additional costs for law enforcement services for that one business?” Wentlandt said. “The new business would only bear the cost of its own property tax which is completely out of proportion of (police) services it would require.”
The Common Council turned away such a business, Exchange Street, earlier this summer when that company showed interest in filling the vacant Ultimate Electronics building.
robert heule
9:57 pm on Thursday, July 28, 2011
Book Stores should be exempted entirely from the ordinance. It is none of the police's business what a person reads. The right to privacy is compromised when an innocent person is required to submit to a mug shot and reveal the title or content of a book or DVD. The law should be the same as it is for public libraries. If law enforcement wants to find out what a person reads, it is required to obtain a court order. Mayor Neitzke should veto the measure if it does not exempt book stores. The right to read without government interference is a precious right under the First Amendment. A test may be in order on this one. Remember Socrates, Gahndi, Rosa Parks, Dr. Martin Luther King. See ya on 74th St.