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