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