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COLLECTION AGENCIES Chapter 140 property of the person, group of persona, firm or corporation attempting to make such collection. COLLECTION AGENCIES O 140-2. Application. O 140-1. License required. 8 140-2. Application. 5 1405. Investigation of applicant. 8 140-4. Issuance of license. B 140-5. Expiration of license. O 140-6. Fees. B 140-7. Renewal of license. O 140-8. Revocation of license. % 140-9. Bond. % 140-10. Location for conducting business. B 140-11. Transferability of licenses. 5 140-12. Revisions to schednle of rates. [HISTORY: Derived from Art. W of Ch. V of the Charter a n d Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.] P 140-1. License required. No person, firm or corporation shall collect, advertise to collect, attempt to collect or hold himself or itself out as able or willing to collect, for hue or remuneration in any form, any bill, debt, demand, sum of money or other thing of value due or claimed to be due or owing to any other person, firm or corporation or conduct the business commonly known as a 'collection agency" without first having obtained a license so to do as hereinafter set forth, provided, however, that the provisions of this chapter shall not apply to an attorney at law engaged in the practice of hie profession; to any banker, bank or banking institution acting within the limits of his or its authority as prescribed by law; nor to any person, group of persons, firm or corporation engaged in the collection onlv of debts. demands. sums of money or things oi value which are thd exclusive A. Any person, 6rm or corporation not exempted from the provisions of this chapter who desires to engage as a business in the collection of bills, debts, demands, sums of money or other things of value, for hire or for remuneration in any form, shall make application, in writing, to the Commissioner of Permit and Inspection Services for a license so to do upon blanks to be furnished by said Commissioner. [Amended 12-9-2003. effective 12-19-2003] B. The application shall set forth the name or names of the applicants and their addresses and, in the case ofa corporation, the names and addresses of the corporation and of the principal d c e r s thereof, together with a statement in detail of the character of the business proposed to be carried on, the location of the applicant's principal place of business and its principal place of business in the City of Buffalo, if it maintains an d c e or d c e s elsewhere. The application shall set forth a schedule of rates proposed to be charged for making collections and whether any charge is to be made where no collection is effected and, if so, the amount thereof. It shall also set forth the character and location of the business in which the applicant has been engaged for the five yeam immediately preceding such application and, if not engaged in any business, the names and addresses, if any, of the applicant's employers during such five-year period. The application shall disclose the 6nancial responsibility of the applicant and whether he or it has ever been convicted of any crime and,if so, when and where, the nature of the offense and the disposition made thereof. C. The application shall be signed and sworn to. O 1405. Investigation of applicant. [Amended 11-141989, effective 11-27-1989; 12-9-2003, effective 12-19-20051 Upon receipt of such application, the Commissioner of Permit and Inspection Services $ 140-3 BUFFALO CODE shall cause to be made a careful inquiry concerning the applicant and the statements set forth in the application. The Director may also make such $140-9 5 140-8.Revocation of licenne. [Amended 129-2003,effective 1219-20031 The Commissioner of Permit and Inspection Services may revoke for cause any license issued pursuant to this chapter in accordance with the powers vested in him under the provisions of Section 17-2 of the Charter of the City of Buffalo. The charging or demanding of a greater fee than specified in the schedule of rates set forth in the % 140-4.Ismance of license. [Amended application for making or attempting to make any 11-14-1989, effective 11-27-198s; collection shall be deemed a violation of this effective 12-19-20091 12-9-2005, chapter and shall be grounds for the revocation of a If the application is approved, the Commissioner license. Each licensee shall duly account and pay of Permit and Inspection Services shall issue to the over to any person, copartnership, association or applicant a license to conduct a collection agency at corporation entitled thereto all moneys and thidge the location set forth in the application, subject to of value reeeived or collected by any such licensee any conditions in reference thereto imposed by in the business conducted under any such license, him, upon the payment by the applicant of the and failure ao to do shall be deemed a violation of this chapter and ahall be grounds for revocation of license fee and the fling of the bond required by this article. On a quarterly basis, the a license. Commissioner of Permit and Inspection Services shall report to the Common Council all such licensea granted herein. O 140.9. Bond. [Amended 129-2003,effective 1219-20051 further inquiry the responsibility and character of the applicant and the nature of the bueiness proposed to be conducted as he deems appropriate. # 140-6. Expiretion of license. Each license issued pursuant to this chapter shall expire on the 30th day of the m n d September next following its issuance. 4 140-6.Fees. The fee for each license issued pursuant to this chapter shall be as provided in Chapter 175, Fees, and shall be paid by the applicant before the issuance of the license or any renewal thereof. 0 140-7. Renewal of licence. [Amended &ZZ-lBSS,effective 621fEK@l%SXQS, effective 112-%8009] Each license isaued pursuant to the proviaions of this b p h may be renewed biennially by the Commissioner of Permit and Inspection Services upon the payment of a l i m e fee and the BLing of the bond Wuirsd The Commiesioner of Permitbyandthis Inspection Services may, for reasonable muse, decline to renew any such license. Every applicant for a collection agency license or any renewal thereof shall deposit with the Commissioner of Permit and Inspection Services, before the time of issuanca of each such license or any renewal thereof, a bond in the penal sum of $5,000, payable to the City of Buffalo, to be executed by the applicaut as principal and by a duly incorporated muety company authorized to do business in the State of New York as surety, which shall be duly approved as to form by the Corporation Counsel and aa to sufficiency by the Comptroller. The conditions of said bond and the form thereof ahall be aa follows: COUECTION AGENCY BOND KNOW ALL MEN BY THESE PRESENTS . That we, principal, a corporation duly and in the City of Buffalo, authorized to do are County of Erie and State of New Ymh, held and firmlybound unto the City of Buffalo in the penal sum of $5,000, lawful money of the of America, to be paid to said City of Udted ButTalo, its certain attorney or assigns, for which 5 140-9 8 140-12 COLLECTION AGENCIES payment, well and truly to be made, said principal and surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, M y by these presents. SIGNED, SEALED with our seals, and dated this -day of , in the year of our Lord 20-. action is brought within one year after the time the cause of action accrued. (Signatures, seals, acknowledgments, powers of attorney, financial statements, etc., to be f i e d to the foregoing.) 8 140-10. Location for conducting business. [Amended 12-9-2003, effective 12-19-2003] WHEREAS, . the above-bounden principal has applied to the City of Buffalo for a collection agency license pursuant to the provisions of Chapter 140 of the Code of the City of Buffalo, and said chapter requires this bond as a condition of granting such license; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if said principal, , shall in all things well and truly and faithfully comply with the provisions, conditions and requirements of Chapter 140 of the Code of the City of Buffalo, as amended, relating to collection agencies and shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit or any unlawful act or omission of said , his agents or employees, while acting within the scow of their em~lovment. made, committed or omitted in theSb&hess conducted under such license or caused by any other violation of said chapter in carrying on the business for which such license is granted, then this obligation shall be void; otherwise to be and remain in 111 force and effect; provided, however. and it is expressly understood and agreed,that any person, copartnership, association or corporation damaged by reason of the failure of the principal to perform and fu161l the foregoing conditions of thia bond may maintain an action to rewver such damages against the obligors in thia bond in the same manner as though any such person. copartnership, association or corporation were specifically named therein, provided that such No collection agency business shall be conduced at any location other than the location s p e d e d in the license. The Commissioner of Permit and Inspection Services may approve a change in the location of the place of business specified in any such license upon written application therefor by the licensee to said Commissioner. 5 140-11. Tranderability of licenses. No license shall be transferred from a licensee to any other person, copartnership, 6rm or corporation. 5 140-12. Revisions to schedule of rates. [Amended 12-9-2003, effective 12-19-20031 The Commissioner of Permit and Inspection Services, in his discretion, may approve revisions in the d e d u l e of rates set forth in the application of a lieensee to be charged for services rendered upon the licensee filing, in duplicate, with said Commissioner a new revised schedule of such rates, which shall contain a complete statement of all rates, both revised and -vised, proposed to be char& by the licensee. Each such revised sehedule shall be signed and sworn to by the licensee. No such revised schedule shall take effect unless and until the Commissioner of Permit and Inspection Services shall signify his approval thereof in writing on one of the dupiicate copies of said revised schedule so Bled with him and shall deliver the same to the licensee.