A revised Syracuse Common Council ordinance has forced an Armory Square music store to change its operation habits — putting its future in question.

The measure, called a second-hand dealer ordinance, was passed in 1962 and requires second-hand vendors like The Sound Garden to keep extensive records of the products it purchases, according to an April 21 article by The Post-Standard.

When the store buys a CD, LP, video game or DVD from a customer, it must enter the item into a database with the name, birth date and address of the seller. This way, the Syracuse Police Department can review the history of the item, according to the article.

But the measure, particularly its emphasis on detailed record-keeping, might threaten the economic vitality of the store.

Though the ordinance was first passed in 1962, the common council and SPD revised it last June to crack down on sales of stolen items like music and movies, said Bob Dougherty, a common councilor and member of the public safety committee.

The Sound Garden is seeking to compromise with SPD and the common council to reduce the holding period for items. The owner feels that music and movies have a limited shelf life, said Dougherty.

“We really aren’t looking to put them out of business,” Dougherty said. “The other side of the coin is that we don’t want people selling stolen property there.”

Bryan Burkert, The Sound Garden’s owner, plans to move the store to a different location if the common council does not make an exception to the ordinance, according to The Post-Standard. Burkert owns two Sound Garden locations, one of which is in Baltimore.

Burkert feels that his Syracuse business should be excluded from parts of the law, including the item registration, limited hours and holding period between purchasing and reselling items, said Robert Romeo, lawyer for The Sound Garden.

Romeo said he understands the council’s logic in requiring registration of individual items, but feels the ordinance shouldn’t apply to bulk record, video game or CD collections, which are vital parts of The Sound Garden’s product base.

“That’s the most onerous and difficult part of the law that we find objectionable,” Romeo said.

The law mandates that second-hand stores must close by 8 p.m., which is earlier than The Sound Garden sometimes closes, he said. The store also objects to a seven-day holding period between purchasing and reselling items, according to The Post-Standard. The holding period makes reselling items more difficult, Romeo said.

Though the ordinance’s goal is to reduce transactions of stolen goods, the law excludes books from the list of goods that enter the database, Romeo said. The business would like to see music, video games and CDs added to the list of items that are exempt from the second-hand dealer ordinance, he said.

“In general, The Sound Garden merchandise should be treated as art and books and magazines are,” Romeo said.

Sound Garden representatives have met with council members twice to voice objections to the law, said Jake Barrett, the common council’s public safety committee chair.

Currently, the common council has no plans to create exemptions to the ordinance, Barrett said.

But Romeo said he remains optimistic about the possibility of The Sound Garden receiving an exemption. Burkert enjoys the Syracuse location and its environment, Romeo said, and would prefer not to move to a different location.

“He has no plans to do anything but be one of the best assets of Armory Square in Syracuse,” Romeo said. “And hopefully, the city council will make this amendment so that it can happen.”

Published on April 22, 2013 at 11:40 pm

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