[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 9-15-2014 by L.L. No. 17-2014.[1] Amendments noted where applicable.]
Any person who, in any way, as principal, broker or agent, dealing
in the purchase or sale of secondhand articles of whatever nature,
including secondhand or used automobiles, or dealing in the purchase
or sale of any secondhand manufactured article composed wholly or
in part of gold, silver, platinum or other metals or in the purchase
or sale of gold, silver or platinum or any person dealing in the purchase
of articles or things comprised of gold, silver or platinum for the
purpose of melting or refining or engaged in melting precious metals
for the purpose of selling or in the purchase or sale of pawnbroker
tickets or other evidence of pledged articles shall be deemed a dealer
in secondhand articles.
In addition to the businesses, places, trades, occupations and
things required to be licensed by statute or by other ordinances of
the village, dealers in secondhand articles, including motor vehicles,
must be duly licensed as herein provided.
Nothing in this chapter shall be deemed to apply to:
A.
A thrift shop connected with a religious institution or other nonprofit
organization; or
B.
To the purchase or sale of pianos, books, magazines, phonograph records,
audiotapes, compact discs and other digital audio recordings, rugs,
tapestries, burlaps, paintings, drawings, etchings and engravings;
nor
C.
To exchanges, returns or credits of merchandise where the article
or articles exchanged, returned or credited are accepted in full or
part payment for new merchandise, except secondhand or used automobiles;
or
D.
To the first purchase or sale in the Village of any imported secondhand
article.
The annual license fee for a dealer in secondhand articles shall
be in such amount as set by resolution of the Board of Trustees.
When an applicant for a license hereunder has not engaged in
the business or occupation until after the expiration of more than
six months of the current license year, the license fee for the remaining
period of the current license year shall be 1/2 the yearly fee, and
said fee shall be paid for the remaining six months or fraction thereof
during which the business has been, or will be, conducted.
All licenses for dealers in secondhand articles shall be issued
as of January 1 each year and shall expire on December 31 next succeeding
the date of issuance thereof.
Every dealer in secondhand articles shall keep a dealer's
record of purchase book, permanently bound with consecutively numbered
pages, in which shall be legibly written in English, at the time of
every purchase or sale, a description of every article purchased or
sold; the number or numbers and any monogram, inscription or other
marks of identification that may appear on the article; a description
of the articles or pieces comprising gold, silver, platinum or other
metals and any monogram, inscription or marks or identification thereon;
the name, residence and general description of the person from whom
such purchase was made or to whom sold; and the day and hour of the
purchase or sale, including articles or things purchased or received
for the purpose of refining or smelting by persons principally engaged
in such business.
The book required in § 195-7 shall, at all reasonable times, be open to the inspection of any police officer, the Village Clerk or any person duly authorized in writing for such purpose by the Mayor, who shall exhibit such written authority to the dealer.
A.
No dealer in secondhand articles shall carry on business without
a license or at any other place than the one designated in his license.
B.
No dealer in secondhand articles shall purchase any secondhand goods,
articles or things whatsoever between the hours of 9:00 p.m. and 7:00
a.m.
C.
No such dealer shall receive any article by way of pledge or pawn
or employ any subterfuge for receiving goods as security for the advancement
of money.
D.
No licensed dealer in secondhand articles, unless also licensed as
a collateral loan broker, shall display any sign or other device in
or about the premises where such secondhand dealership business is
conducted, which in any way resembles the emblem or sign 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 and calculated to so mislead.
Every dealer in secondhand articles, upon being served with
a written notice so to do by a member of the Police Department, shall
furnish to the Police Commissioner of Nassau County, or his agent,
and the Lynbrook Chief of Police, or his agent, at such times, in
such manner and at such intervals as shall be specified by the Police
Commissioner and the Lynbrook Chief of Police, or his agent, all information
requested by the Police Commissioner or Lynbrook Chief of Police,
or his agent, 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 or in the manner prescribed
by the Lynbrook Chief of Police. Duly licensed dealers in antiques
shall furnish daily reports of purchases of secondhand articles within
72 hours.
It shall be unlawful for any dealer in secondhand articles to sell, alter or dispose of any secondhand articles, except those purchased from a secondhand dealer duly licensed by the Incorporated Village of Lynbrook, until the expiration of 15 business days after the acquisition of such article by the dealer. However, duly licensed dealers in antiques and automobiles may sell or dispose of secondhand articles in less than 15 days, provided that the required recording of purchases and sales are made pursuant to § 195-7.
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 under 18 years of age.
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 his designee, or
the Lynbrook Chief of Police or any police officer or an inspector
of licenses or any person duly authorized in writing for such purposes
by the Commissioner of Police of Nassau County or the Lynbrook Chief
of Police, who shall exhibit such written authority to the dealer.
Any person or persons, association, corporation or any officer
of any corporation violating any of the provisions of this chapter
or failing to comply therewith or with any of the requirements thereof
shall be liable to a fine up to $250, and each day such violation
shall be permitted to exist shall constitute a separate offense. Any
violation of this chapter or any part thereof shall constitute disorderly
conduct, and any person violating this or any part thereof shall be
and is hereby declared a disorderly person.
