Subchapter 28 - STORAGE WAREHOUSES¶
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 20-481 Form contract. The commissioner may establish a form contract for use by all warehouse operators.
§ 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.
§ 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.