§ 21-05 Descriptions of Items Containing Gold, Silver, Platinum or Other Precious Metals or Other Jewelry.

When providing descriptions of articles purchased, sold, pawned or redeemed which are composed wholly or in part of precious metals, or are otherwise commonly described as jewelry, pawnbrokers and second-hand dealers subject to electronic recordkeeping requirements must include the following information as relevant: (i) type of precious metal; (ii) weight of precious metal in karats; (iii) number of precious stones on item; (iv) type(s) of precious stones on item; (v) unique marks or inscriptions on item, including any specific words; and (vi) any visible alterations, modifications or damage to the item.

§ 21-06 Descriptions of Electrical Appliances, Electronic Equipment and Computers.

When providing descriptions of electrical appliances, electronic equipment, computers or their component parts, pawnbrokers and second-hand dealers subject to electronic recordkeeping requirements must include the following information as relevant: (i) manufacturer; (ii) make; (iii) model number; (iv) serial number; (v) IMEI number; (vi) identifying numbers including any numbers etched on the item pursuant to a crime prevention program of the New York City Police Department or any other entity; and (vii) any visible alterations, modifications or damage to the item, including altered or missing serial or IMEI numbers.

§ 21-07 Creation and Uploading of Electronic Records.

   (a)   The electronic records required by the Local Law and this Chapter must be created accurately and in English, and contain all required items of information. All digital photographs must reasonably capture the likeness of the subject article. Such electronic records and photographs must be uploaded immediately, or on a daily basis no later than midnight of the day of such transactions, to the web-based electronic data transfer service designated by the Police Commissioner for this purpose.

   (b)   Prior to this Chapter taking effect, New York City Police Department personnel will advise in writing pawnbrokers and second-hand dealers subject to electronic recordkeeping requirements of the identity of the service designated by the Police Commissioner for this purpose. Police Department personnel will also provide the service's contact information to such pawnbrokers and second-hand dealers so that they may be instructed by the service regarding how to use the electronic recordkeeping system, and in order to request customer assistance from the service as needed. Within 60 days of this Chapter taking effect, all pawnbrokers and second-hand dealers subject to electronic recordkeeping requirements must register with the service, commence uploading information as required by the Local Law and by this Chapter, and obtain a notice from the service confirming that such uploading was successfully received by the service.

   (c)   In addition to the specific items of information required by the Local Law and this Chapter for each transaction, each pawnbroker or second-hand dealer subject to electronic recordkeeping requirements must also provide to the service its own identifying information, including business name, address, phone number, fax number, Department of Consumer Affairs license number, and the store manager's name and email address, as well as an identifying number for each transaction and the identity of the business' employee or agent handling the transaction.

   (d)   If a pawnbroker or second-hand dealer uploads an extract from their point-of-sale software in order to comply with the requirements of this Chapter, the file must be uploaded using the web upload mechanism provided on the designated electronic data transfer service's website. The extract format must be of a type supported by the electronic data transfer service. If the pawnbroker or second-hand dealer does not use an extract from their point-of-sale software, each transaction must be manually entered using the web interface provided by the service.

   (e)   In the course of creating and uploading electronic records pursuant to this Chapter, pawnbrokers and second-hand dealers must complete all fields of information required, provided that if a particular item of information is unavailable, the pawnbroker or second-hand dealer must indicate such by inserting into the field "unavailable," "altered," or "not applicable," as appropriate.

   (f)   If in the course of a day the pawnbroker or second-hand dealer does not conduct a transaction required to be reported electronically, the pawnbroker or second-hand dealer must upload a notice of no electronically reportable transactions to the electronic data service, providing such report no later than midnight of such day. This requirement applies to each individual day during which there occurs no transaction required to be reported electronically, except that where business of any kind is not conducted on that day (for example, where the business is closed on a weekend or holiday) the notice must be forwarded to the service no later than midnight of the next day during which business of any kind is conducted.

§ 21-08 Required Equipment.

Pawnbrokers and second-hand dealers subject to electronic recordkeeping requirements must acquire and maintain in good working order the electronic equipment necessary to create, maintain and upload the electronic records required by the Local Law and by this Chapter, including but not limited to a computer with internet connection and a digital camera utilizing a jpeg file format so that the required information may be transmitted to the web-based electronic data transfer service designated by the Police Commissioner.

§ 21-09 Retention of Records.

The electronic records created pursuant to this Chapter must be retained for a minimum of six years from the date of transaction.