a. Every pawnbroker shall create an electronic record in English, in a manner to be specified by the police commissioner by rule. Such electronic record may include real-time sharing or accessing of such records in an electronic format and/or through use of an internet website designated by the police commissioner. Such electronic record shall be created by the dealer at the time of every transaction in which goods, articles and things, or any part thereof, are pawned, pledged or redeemed in the course of business of such pawnbroker. Such electronic record shall be retained for a minimum period of six years from the date of such transaction. Such electronic record shall include the following information:
1. The date, time, location and type of transaction;
2. An accurate description of each article pawned or pledged, including type of article, manufacturer, make, model or serial number, inscriptions or distinguishing marks, and at the discretion of the police commissioner and in furtherance of the purposes of this subchapter, one or more digital photographs reasonably capturing the likeness of the article;
3. An accurate description of each article purchased or sold, including type of article, manufacturer, make, model or serial number, inscriptions or distinguishing marks, and at the discretion of the police commissioner and in furtherance of the purposes of this subchapter one or more digital photographs reasonably capturing the likeness of the article.
b. The police commissioner, at such times as he or she may prescribe in a written notice served upon any pawnbroker by a member of the police department, may in addition to the electronic record required by subdivision a of this section require such pawnbroker to report to such commissioner, upon blank forms to be furnished by the police department, a description of all goods, articles or things, or any part thereof, pawned or pledged in the course of business of such pawnbroker during the days specified in such notice, stating the numbers of the pawn tickets issued therefor, the amounts loaned thereon, and such identifying marks as may be on the goods pawned. If such notice from the police commissioner so prescribes, such pawnbroker, until he or she is notified to discontinue so doing, shall keep and furnish on such forms, identifying information regarding any pledgors or persons redeeming any articles pledged or pawned, including name, address, phone number, date of birth, sex, and race or ethnicity.
c. Pawnbrokers shall acquire and maintain in good working order the electronic equipment necessary to create and maintain the electronic records required by subdivision a of this section, including but not limited to a computer with internet connection and a digital camera utilizing a file format designated by the police commissioner.
d. Records required to be kept by pawnbrokers pursuant to this section shall be open to the inspection of the state attorney general, the state comptroller, any police officer, the commissioner, any departmental inspector, any judge of the criminal court, any person duly authorized in writing for such purposes by the commissioner or by any judge of the criminal court, who shall exhibit such written authority to the pawnbroker, or any other governmental officer or employee authorized by the state or local law. Such records shall also be open to the inspection of any official or other person identified in, or duly authorized in writing pursuant to, section forty-five of the general business law or any other applicable state or local law.
e. Nothing in this section shall be construed to affect or supersede any recordkeeping requirement imposed by or pursuant to any other applicable federal, state or local law.
f. In addition to any other applicable penalty or sanction, any person who violates any of the provisions of this section or rules promulgated thereunder shall be subject to the penalties set forth in subdivision a of section 20-106 of this chapter.