Subchapter 28 - STORAGE WAREHOUSES

Section 20-475

Section 20-475

  §  20-475  Definitions.  For  purposes of this subchapter: a. "Storage
warehouse" means a building or structure, or any part thereof, in  which
a  consumer's household goods are received for storage for compensation,
except warehouses in which such goods are stored by or on  behalf  of  a
merchant  for  resale  or  other  use  in  the  course of the merchant's
business.
  b. "Storage warehouse operator" means any person operating any storage
warehouse as defined herein.
  c. "Household goods" shall mean property commonly used in a household,
including but not limited to furniture, clothing and appliances but  not
including  goods  stored  by,  or on behalf of, a merchant for resale or
other use in the merchant's business.

Section 20-476

Section 20-476

  §  20-476    License  required.  No  person  shall  operate  a storage
warehouse without a license. The annual fee for a license or  a  renewal
shall be two hundred ninety-five dollars for the first warehouse and one
hundred  fifty  dollars for each additional warehouse. The license shall
be posted in a conspicuous place in the office of each warehouse.

Section 20-477

Section 20-477

  §  20-477  Duties  of  warehouse  operator.  Every  storage  warehouse
operator shall  comply  with  the  provisions  of  this  subchapter  and
regulations  promulgated  by the commissioner setting forth requirements
for estimates  and  any  other  rules  and  regulations  promulgated  to
implement and enforce this subchapter.

Section 20-478

Section 20-478

  §  20-478  Schedule  of rates. Every storage warehouse operator shall,
upon obtaining a license, file with the department schedules showing the
rates and charges for the  storage  and  handling  of  property  in  the
warehouse,  and  such  schedules shall be kept in convenient form and be
open at all times during business hours  to  public  inspection  at  the
warehouse  or  warehouses  and  the office of the commissioner. Prior to
accepting any goods for storage, the schedule of all rates  and  charges
must  be  presented to the individual requesting the goods to be stored.
One copy of this schedule shall be retained by the individual requesting
storage and another shall be signed by such individual and  retained  by
the warehouse operator. Any rate or charge not included on such document
may not be collected at a later date.

Section 20-479

Section 20-479

  §  20-479  Bond.  Each  storage  warehouse  operator shall file before
receipt of a warehouse license and maintain with the department a surety
bond in the  sum  of  ten  thousand  dollars  executed  by  the  storage
warehouse  operator  as principal, and a surety company authorized to do
business in this city as surety, payable to the city  of  New  York  and
conditioned  upon  the  storage warehouse operator's compliance with the
provisions of this subchapter and any regulations duly  promulgated  and
upon  the  further conditions that the licensee will pay to the city any
fine, penalty or other obligation within thirty days of  its  imposition
and  faithfully  account  in the manner required by law to the owners of
all goods, wares, or other property that the storage warehouse  operator
receives,  handles,  stores or otherwise deals in as a storage warehouse
operator. The commissioner may increase the amount of the bond  required
of storage warehouse operators.

Section 20-480

Section 20-480

  §  20-480 Insurance. Every warehouse operator shall offer insurance to
each customer in accordance with terms and conditions to  be  determined
by  the commissioner but in no event shall any goods be insured for less
than the amount established by the commissioner. All customers shall  be
informed  of  the minimum insurance rate and the availability of greater
insurance and the charges made for such additional insurance.

Section 20-481

Section 20-481

  § 20-481 Form contract. The commissioner may establish a form contract
for use by all warehouse operators.

Section 20-482

Section 20-482

  §  20-482  Deposit  of  household  goods  by  city representatives. No
representative of the city, including but not limited  to  sheriffs  and
marshals,  shall  deposit any household goods in a warehouse that is not
licensed pursuant to this subchapter.

Section 20-483

Section 20-483

  §  20-483  Penalties.  a.  The  commissioner may suspend or revoke the
license of any warehouse operator who is found to have committed five or
more violations of this subchapter within a two year period.
  b. In addition to any penalties or remedies provided  for  in  chapter
one  of  this  title,  a storage warehouse operator who shall violate or
fail to comply with any provisions of  this  subchapter  or  who  fails,
omits  or  neglects  to  obey,  observe  or comply with any order, rule,
direction, demand or requirement of the department or who shall fail  to
maintain  and  comply with the schedule of rates and charges filed shall
be subject to a penalty not to exceed the sum of  one  thousand  dollars
for  each  and  every  offense. Every violation of any such order, rule,
direction, demand or requirement of the department, or of any  provision
of this subchapter, shall be a separate and distinct offense and in case
of  a  continuing  violation,  every  day's continuance thereof shall be
deemed to be a separate and distinct offense.
  c. Any person who is not  a  licensed  warehouse  operator  under  the
provisions  of  this  subchapter  who shall operate a warehouse shall be
subject to a penalty of one thousand dollars for each day  of  operation
without a license.
  d.  Any  person  who  is  not  a licensed warehouse operator who shall
advertise, represent in any  manner,  or  claim  to  operate  a  storage
warehouse shall be subject to a penalty of one thousand dollars.
  e. Any person who shall willfully make any false entry in the accounts
or in any record or memorandum kept by a storage warehouse operator, who
shall willfully destroy or falsify a record of any such account, record,
or memorandum, or who shall willfully neglect or fail to make full, true
or  correct entries in such accounts, records, or memoranda of all facts
and transactions pertaining to the business of the warehouse operator or
shall keep any  accounts  or  records  with  the  intent  to  evade  the
provisions  of this subchapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine  of  not  more  than  one
thousand  dollars  or  imprisonment  of not more than thirty days, or by
both such fine and imprisonment.