Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 2-23-1981 by L.L. No. 1-1981. Sections 274-12 and 274-18F amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 192.
Peddling and soliciting — See Ch. 240.
special sales — See Ch. 268.

§ 274-1 Statutory authorization.

Pursuant to the provisions of the New York State Constitution, the Municipal Home Rule Law, the Suburban Town Law, the General Municipal Law, the Town Law and the Village Law, all as amended, the Board of Trustees of the Incorporated Village of Massapequa Park is empowered to enact local laws and ordinances licensing and regulating occupations and the conduct of business to protect and promote the health, safety, morals or the general welfare of the community. Therefore, the Village Board of the Incorporated Village of Massapequa Park enacts this chapter, entitled "Secondhand Dealers."

§ 274-2 Findings of fact.

A. 
There is no control in the Incorporated Village of Massapequa Park governing the activities of those persons engaged in the business of buying and selling secondhand merchandise. Some of these dealers represent to those persons involved in crime an opportunity to dispose of stolen property. If the law enforcement agencies are to function, an ordinance regulating these secondhand establishments is necessary.
B. 
The ease with which some secondhand dealers buy and dispose of personal property indicates the need for the enactment of laws to control and regulate their everyday business transactions. A few of the dealers require scant or, very often, no identification when purchasing personal property, and rarely, if ever, is proof of ownership requested.
C. 
It is a fact that secondhand dealers are not required, at the present time, to forward reports of acquired used property to many of the police agencies. With the passage of this chapter, reports would be required from dealers in secondhand jewelry, marine equipment, antiques, cameras, coins, stamps, musical instruments, firearms and televisions, as well as stereophonic equipment. As a result of the reporting, there would be a marked increase in the number of restitutions for the sole reason that now these merchants would be committed to keeping accurate records of the used property purchased and disposed of, by forwarding the proper reports to the police, on a daily basis, at the close of each business day.
D. 
This problem involving stolen property is not confined solely to the small dealers. Some of the very largest retailers in the nation, those whose stores are located in the Incorporated Village of Massapequa Park, buy large quantities of old gold, jewelry and diamonds and forward not one single report of purchase to any police agency in the county. The scope for the exploitation of stolen property is further broadened due to the operations of these merchandising giants.
E. 
For small or large business enterprises to be allowed to continue to operate without laws to control and regulate the purchase of secondhand articles not only jeopardizes the property rights of many people but also extremely hampers the police agencies in their efforts to recover stolen property and identify suspects.

§ 274-3 Legislative intent.

A. 
The security involved in the handling of secondhand property has become a matter of concern to the police agencies charged with the duty and responsibility therein.
B. 
The increase in the incidence of property thefts, the widespread use of alcohol and drugs, the decline in the value of the dollar, the increase in the price of gold and diamonds and the specter of inflation, where barter becomes more of a reality, all point to the imperative that the best interests of the people of the Incorporated Village of Massapequa Park would be served by the enactment of this chapter.
C. 
This chapter will ensure a dramatic rise in the percentage of stolen property recovered and an increase in the probability that the general public will receive a fairer deal in their business transactions, and will better the means to allow the police agencies to obtain more information necessary to apprehend perpetrators of crimes associated with the theft of property. Thereby the public health, morals and general welfare of the Incorporated Village of Massapequa Park will be protected and promoted.

§ 274-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DEALER IN SECONDHAND ARTICLES
Any person who, in any way, as principal, broker or agent:
A. 
Deals in the commercial purchase or sale of secondhand articles for any purpose and of whatever nature, including, but not limited to, old gold or other precious metals, coins, stamps or currency, firearms, rifles, shotguns, cameras, business machines, musical instruments, outboard motors or electronic equipment.
B. 
Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise.
C. 
Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.

§ 274-5 Construal of provisions.

Nothing contained in this chapter shall be construed to apply to:
A. 
Automobiles, pianos, books, magazines, rugs, tapestries, artists' burlaps, paintings, sculpture, drawings, etchings and engravings.
B. 
The first purchase or sale in the country of any imported secondhand article.
C. 
The acceptance or receipt of merchandise in a new condition as a return, exchange or for credit or refund if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same, nor to any resale of such merchandise as new merchandise or the first subsequent nonretail or exchange of such merchandise as used merchandise.
D. 
The acceptance or receipt of merchandise in a used condition as a return, trade-in, exchange or for credit or refund if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same, nor to the first subsequent non retail sale or exchange of such merchandise.
E. 
The first sale, at retail, of merchandise which has been rebuilt by the manufacturer or vendor originally manufacturing it, or the licensed agents thereof, and sold as factory-rebuilt merchandise.
F. 
A thrift shop, as defined to be so classified under the United States Internal Revenue Code, entitled to an exemption as an eleemosynary corporation or institution.
G. 
Antiques, which shall mean secondhand articles over 50 years of age, having a value of less than $250 and void of any means of identification. "Identification" shall mean articles which are serialized, monogrammed, initialed or distinctly marked.

§ 274-6 Burden of proof of purchase.

The burden of proof that an article was originally purchased from the person accepting or receiving it, that it was the first subsequent sale or exchange thereof to a person other than an ultimate consumer or that it was a first sale at retail of such factory-rebuilt merchandise shall be upon the person asserting the same. Evidence of an existing trade practice in the Incorporated Village of Massapequa Park, if any, shall be admissible for the purpose of determining whether or not merchandise is in new or used condition.

§ 274-7 Interpretation of provisions.

In interpreting and applying the provisions of this chapter, the rule of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this chapter shall be observed. All provisions shall be considered as minimum requirements and deemed neither to limit nor repeal any other powers granted to the Incorporated Village of Massapequa Park under New York State statutes.

§ 274-8 Disclaimer of liability.

This chapter shall not create any liability on the part of the Incorporated Village of Massapequa Park, its officers, agents or employees, the Nassau County Police Department, its officers, agents or employees for any act or damage caused as a result of reliance on this chapter or any administrative decision lawfully made thereunder.

§ 274-9 License required.

It shall be unlawful for any person to act as a dealer in secondhand articles without a license therefor.

§ 274-10 Types of licenses.

A. 
There shall be three types of licenses:
(1) 
A general license.
(2) 
A management license.
(3) 
An exposition license.
B. 
A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles other than secondhand automobiles within the Incorporated Village of Massapequa Park during the license period specified in § 274-13A of this chapter.
C. 
A management license shall authorize the licensee who is not a dealer in antiques or unique secondhand articles to operate and manage an antique or unique secondhand articles exposition where such antiques or unique secondhand articles are sold at any fair, show or exhibit or any place where this merchandise is offered for sale within the incorporated Village of Massapequa Park during a period of one month from the date of issuance of such license.
D. 
An exposition license shall authorize a dealer in antiques or unique secondhand articles who maintains no place of business within the Incorporated Village of Massapequa Park to exhibit and sell such articles at any fair, show or exposition within the Incorporated Village of Massapequa Park during a period of one month from the date of issuance of such license.

§ 274-11 Bond.

A. 
Each dealer securing a general license shall furnish a bond to the incorporated Village of Massapequa Park, with sufficient surety to be approved by the Village Clerk in the penal sum of $2,000, conditioned for the due observance of the ordinance relating to such dealers.
B. 
Each manager of an antique or unique articles exposition shall furnish a bend to the Incorporated Village of Massapequa Park, with sufficient surety to be approved by the Village Clerk in the penal sum of $2,000, conditioned for the due observance of the ordinance relating to dealers who are exhibitors at the exposition.

§ 274-12 License fees. [1]

A. 
The general or management license fee shall be as provided in Chapter A350, Fees, except that any license applied for after January 1 shall be at the half-yearly rate provided in Chapter A350, Fees.
B. 
The exposition license fee shall be as provided in Chapter A350, Fees, except that any license applied for after January 1 shall be at the half-yearly rate provided in Chapter A350, Fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 274-13 License regulations.

A. 
All general licenses shall expire on the first day of June next succeeding the date of issuance thereof, unless sooner revoked or suspended. A new application for a license must be made yearly if the licensee desires to continue such activity.
B. 
All licenses shall be placed and at all times displayed in a conspicuous place at the licensee's place of activity or business for which it is issued.
C. 
All licenses are personal with the licensees. It does not go with title to the land nor may it be sold, assigned, transferred or disposed of.
D. 
Any license may be revoked or suspended by the Village Board of the Incorporated Village of Massapequa Park after a hearing thereon pursuant to the provisions of § 274-28 herein, at which time the licensee shall have an opportunity to be heard.
E. 
The granting, refusal, revocation or suspension of any license by the Village Board shall be subject to review by certiorari after applicant or licensee has exhausted all administrative remedies.

§ 274-14 Application for license.

Applicants for a license under this chapter must file with the Village Clerk of the Incorporated Village of Massapequa Park an application, supplied by the Village Clerk, containing the following information:
A. 
The name and description of the applicant. Individuals operating under a trade name must present a certified copy of the trade name certificate filed in the Nassau County Clerk's office. A partnership conducting business, whether or not under a trade name, must submit a certified copy of the partnership certificate filed in the Nassau County Clerk's office when partnership was formed. A corporation must furnish a photostatic copy of the filing receipt for the certificate of incorporation from the New York State Secretary of State. A corporation from outside New York State must furnish a photostatic copy of its application for authority to do business in New York State from the New York State Secretary of State.
B. 
The address of applicant (local and legal).
C. 
That the applicant is of legal age.
D. 
That the applicant is a citizen of the United States and whether citizenship was obtained by birth or naturalization. If by naturalization, the date and place where obtained shall be provided. The naturalization certificate or permanent Board of Elections personal registration card may be used as proof of citizenship.
E. 
A statement as to whether or not applicant has ever been convicted of or is now under charge of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor, and such other facts or evidence as is deemed necessary to establish that the applicant is a person fit and capable of properly conducting the activity or business for which the license is sought.
F. 
A description of the exact type of business the applicant intends to conduct.
G. 
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land.
H. 
Two photographs of the applicant, taken not more than 60 days prior to the filing of the application, which photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
I. 
If applicant is a corporation, the name, address and title of the officer of the corporation upon whom process or other legal notice may be served.
J. 
A copy of the applicant's fingerprints shall be mailed to the Division of Criminal Justice Services, Albany, New York, requesting a fingerprint search. The Village Clerk shall secure from the applicant the required fee in the form of a check or money order made payable to the New York State Division of Criminal Justice Services.

§ 274-15 Issuance of license.

A. 
Upon receipt of the license application and upon the approval by the Village Clerk of the Incorporated Village of Massapequa Park and the payment of the prescribed fees and bonds required of the applicant, the Village Clerk shall prepare and deliver to the applicant his license.
B. 
Every license issued hereunder shall be signed at the direction and in the name of the Village Clerk and sealed with the Seal of the Incorporated Village of Massapequa Park.
C. 
The Village Clerk shall keep a record of all licenses issued as well as any other matters herein described.

§ 274-16 Reasons for denial of license.

No license shall be granted under this chapter to any dealer in secondhand articles:
A. 
Who has been convicted of any offense which, under the laws of the State of New York, constitutes a crime involving moral turpitude.
B. 
Who has been found by any court of the state to have practiced any fraud, deceit or misrepresentation in the conduct of the secondhand dealer business unless the Village Clerk, after Village Board of Trustees approval, shall decide in any particular case upon the facts there presented that it is proper to issue the license applied for.
C. 
Whose license under this chapter has been revoked at any time during the year prior to the time of the application for the license.
D. 
Whose license has been suspended under this chapter and the period of such suspension has not expired at the time of this application for the license.

§ 274-17 Reports to Nassau County Police Commissioner.

Every dealer in secondhand articles shall furnish to the Police Commissioner of Nassau County or his agent, at such times, in such manner and at such intervals as shall be specified by the Police Commissioner, all information requested by the Police Commissioner relative to all records required to be kept under this chapter. Such information shall be supplied on forms to be designated and supplied by the Police Commissioner. Duly licensed dealers in antiques shall furnish daily reports of purchases or secondhand articles within 72 hours.

§ 274-18 Unlawful acts.

A. 
It shall be unlawful for any dealer in secondhand articles to engage in selling activities at any place other than the place of business designated in such license.
B. 
It shall be unlawful for any dealer in secondhand articles to purchase any secondhand goods or things from any person whom he knows to be or has reason to believe is a minor.
C. 
With the exception of duly licensed dealers in antiques, it shall be unlawful for any dealer in secondhand articles to purchase any secondhand goods or articles from any person between the hours of 10:00 p.m. and 7:00 a.m.
D. 
It shall be unlawful for any dealer in secondhand articles to sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly licensed by the Incorporated Village of Massapequa Park, until the expiration of 15 business days after the acquisition by such dealer of such articles. Duly licensed dealers in antiques may sell or dispose of secondhand articles during a period of time prior to the expiration of the said 15 days mentioned above, provided that the required record of purchases and sales is met pursuant to § 274-21.
E. 
It shall be unlawful for any dealer in secondhand articles to be licensed as a pawnbroker or to engage in the business of a pawnbroker; nor shall any sign or emblem be displayed by any such dealer in or about the premises where such business is conducted which in any way resembles the sign or emblem commonly used by pawnbrokers or which is intended to give the appearance that the business conducted on such premises is, or is connected with, the business of a pawnbroker.
F. 
It shall be unlawful for any person licensed as a secondhand dealer to deal in the purchase or sale of any junk, old rope, old iron, brass, copper. tin, lead, rubber, paper, rags, bagging, slush or empty bottles, or employ or use a boat, cart or other vehicle for the purpose of collecting any such things or materials, unless he is also licensed as a junk dealer therefor as provided for in and pursuant to Chapter 192 of this Code, entitled "Junk Dealers," of the Village of Massapequa Park.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 274-19 New articles to be labeled.

Every person licensed as a dealer in secondhand articles who also sells new articles within the licensed premises shall label all new articles in such manner that the public will be informed of the nature of such articles.

§ 274-20 Lost or stolen articles.

A. 
If any articles shall be advertised in any newspaper printed in the County of Nassau as having been lost or stolen and if any goods or articles answering such advertised description or any part thereof shall be in or come into the possession of any dealer in secondhand articles, upon receiving actual written or oral notice of the similarity of description of such articles, such dealer shall immediately give information relating thereto to the Police Commissioner of Nassau County or his agent. No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by the Police Commissioner or his authorized agent. A dealer in secondhand articles, when notified by the Nassau County Commissioner of Police or his agent that property in his possession is stolen or alleged to be stolen, shall take immediate steps to secure that property, and it shall be marked "police stop." Thereafter, such property shall not be sold or removed from the premises until notification is made to the dealer in writing by the Police Commissioner of Nassau County or his agent, allowing such removal or sale.
B. 
Every dealer in secondhand articles who shall have or receive any articles alleged or supposed to have been lost or stolen shall exhibit the same, on demand, to the Commissioner of Police of Nassau County or any authorized inspector of licenses, to any police officer or to any person duly authorized in writing by the Commissioner of Police to examine such articles, who shall exhibit such written authority to the dealer.

§ 274-21 Recordkeeping; inspections.

A. 
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the Commissioner of Police of Nassau County, of consecutively numbered transactions, in which shall be legibly written in English, at the time of every purchase or sale to or from a person other than a dealer in secondhand articles, a description of every secondhand article so purchased or sold, the number or numbers and any monograms, inscriptions or other marks of identification that may appear on such article, a description of the articles or pieces comprising old gold, silver, platinum, other metals or coins, stamps or currency and any monogram, inscription or marks of identification thereon, the name and residence address of the person from whom such purchase was made and the day and hour of the purchase.
B. 
Every dealer in secondhand articles who receives secondhand articles on consignment shall keep a record, in the above prescribed book, describing the articles and the name and description of the person or dealer from whom such items are received.
C. 
As between dealers, all transactions shall be recorded in the above-prescribed book and legible records kept describing the articles, including a detailed description of all jewelry and costume jewelry.
D. 
Such books shall be kept on the business premises of the secondhand dealership or at the place designated on the duly approved license, at all times during normal business hours. Such books shall be open to the inspection of any police officer, to the Commissioner of Police of Nassau County or any inspector of licenses or to any person duly authorized in writing for such purposes by the Commissioner of Police of Nassau County, who shall exhibit such written authority to the dealer.
E. 
Duly licensed dealers in antique articles shall keep a record of bulk purchases in the bound book, noting the invoice number on each bulk purchase. All identifiable secondhand articles which are part of the bulk purchase shall be entered individually in the ledger book and reported individually to the Nassau County Police Commissioner within 72 hours after such bulk purchase.
F. 
Every dealer in secondhand articles shall make available all business premises and any and all rooms or portions of rooms thereof of the secondhand dealership at all times during normal business hours and all articles therein pertaining to the said business for inspection by the Commissioner of Police of Nassau County or any inspector of licenses or any person duly authorized in writing for such purposes by the Commissioner of Police of Nassau County, who shall exhibit such written authority to the dealer.

§ 274-22 Identification of sellers.

A. 
It shall be the duty of every secondhand dealer to verify the identity of every person from whom he purchases an article and to make and keep a written record of the nature of the evidence submitted by such person to prove his identity.
B. 
Only the following shall be deemed acceptable evidence of identity:
(1) 
Any official document, except a social security account number card, issued by the United States government, any state, county, municipality or subdivision thereof, any public agency or department thereof or any public or private employer, which requires and bears the signature of the person to whom issued.
(2) 
Other identification documentation which, under the circumstances of any particular purchase, would lead a reasonable man to believe such to be accurate and reliable when identification under Subsection B(1) hereof is not available.
C. 
It shall be the duty of every dealer in secondhand articles to require that every person from whom an article is purchased sign his name in the presence of the secondhand dealer and to compare the signature with the signature on the identifying document, if any, and retain on his premises the person's signature, together with the number and description of the identifying document, if any.

§ 274-23 Penalties for offenses.

[Amended 6-13-1994 by L.L. No. 14-1994]
A. 
A failure to comply with the provisions of § 274-9 hereof, entitled "License required," shall constitute a Class A misdemeanor, punishable by a fine of up to the maximum fine allowed by law or imprisonment for a period not exceeding one year, or both such fine and imprisonment.
B. 
A failure to comply with any other section or sections of this chapter shall constitute a violation and shall be punishable by a fine up to the maximum fine allowed by law or imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute a separate and distinct violation hereunder for each day the offense is continued.
C. 
In addition to the penalties provided above, any offense against the provisions of this chapter shall subject the person committing the offense to a civil penalty for each day that the offense shall continue, collectible by and in the name of the Village of Massapequa Park.
D. 
Conviction of any person or persons for any offense against the provisions of this chapter shall constitute and effect an immediate forfeiture of any and all licenses issued pursuant to this chapter to said person or persons.
E. 
In addition to the above-provided penalties and punishment, the Village Board also may maintain an action or proceeding in the name of the Village of Massapequa Park in a court of competent jurisdiction to compel compliance with the provisions of this chapter or to restrain by injunction an offense against this chapter.

§ 274-24 Enforcement.

It shall be the duty of any police officer of the County of Nassau to require any person seen dealing in secondhand articles and who is not known by such police officer to be duly licensed, to produce or display his secondhand dealer's license and to enforce the provisions of this chapter against any person found to be violating the same.

§ 274-25 Report of violations.

The Village Clerk of the Incorporated Village of Massapequa Park shall record all convictions for violations of this chapter which are officially brought to his attention by any authorized agency or person.

§ 274-26 Revocation or suspension of license.

A. 
A license issued under the provisions of this chapter may be revoked or suspended by the Village Clerk, after notice, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for the license.
(2) 
Any violation of this chapter.
(3) 
Conviction of any crime or offense involving moral turpitude.
(4) 
Conducting the activity as a dealer in secondhand articles in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of revocation or suspension of a license shall be given in writing, setting forth specifically the grounds of the complaint. Such notice shall be mailed, postage prepaid, to the licensee at his last known address, in accordance with §§ 274-14 and 274-18 hereof.

§ 274-27 Appeals.

A. 
The holder of any license which has been suspended or revoked and any applicant who shall have been denied a license under this chapter may apply for a review of the action of the Village Clerk as hereinafter provided:
(1) 
Such application shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the Village Clerk was erroneous.
(2) 
Such application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of his application or notice or suspension or revocation of his permit by the Village Clerk has been mailed to him or delivered to him in person.
(3) 
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 274-28 hereof.
(4) 
At such hearing the Review Board shall consider the applicant's application upon the record before the Village Clerk in connection with the Village Clerk's consideration thereof and, in its discretion, receive new or additional evidence in support thereof or in opposition thereto.
B. 
The Review Board, after such hearing, may affirm the action of the Village Clerk or direct the Village Clerk to issue a proper license pursuant to this chapter.

§ 274-28 Hearings.

Whenever it shall be provided herein that a hearing shall or may be held with respect to any matter:
A. 
Such hearing shall be held on a date, at a place and hour designated by the Village of Massapequa Park.
B. 
The Village Clerk shall give notice thereof stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown on the most recent application of such applicant or licensee, at least 10 days before such hearing.
C. 
If an applicant or licensee requests a hearing, the Village Board shall designate two or more members of the Village Board to conduct said hearing as a Review Board.
D. 
The applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
E. 
All witnesses shall be sworn and examined under oath.