The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
CONSUMER
A person who buys for his own use or for the use of another,
but not for resale.
PERSON
Any natural person, firm, partnership, limited liability
partnership, association, corporation, limited liability company,
or any other type of business entity.
SECONDHAND BUSINESS
A business which engages in the purchase for resale of any
secondhand gold, silver, platinum, diamonds or other precious gems
or any of the following:
A.
Items containing gold, silver, platinum, diamonds or other precious
gems;
H.
Cameras and video equipment and accessories;
K.
Typewriters, calculators, office equipment.
L.
Computer hardware equipment;
M.
Computers and computer equipment;
Q.
Automotive pads or equipment; or
SECONDHAND DEALER
A.
Any person who conducts a secondhand business in the Village
for purchasing, selling, trading or dealing in any secondhand articles.
B.
A secondhand dealer does not include a licensed collateral loan
broker, used automobile dealer, junk dealer (NOTE: State law reference—
Junk dealers, General Business Law § 60 et seq.; secondhand
watch dealers, General Business Law § 392.), junk automobile
dealer or automobile parts dealer, furniture or antique dealer, a
person engaged in estate transactions. or a person purchasing goods
not previously sold to a consumer.
No person shall carry on the business of secondhand dealer in
the Village without first obtaining a license.
Each secondhand dealer license shall expire one year from the
date of issuance.
The annual fee for a secondhand dealer license shall be $75.
The following are exempt from the secondhand dealer licensing
requirements:
A. Garage sales, basement sales, porch sales, yard sales and other such
events at which a person desires to sell or trade his personal used
items, household goods, furniture or equipment upon his premises,
said premises not being a regular place of business for the purchase
or sale of secondhand items, shall be exempted from the license requirement
of this chapter. No more than two such sales shall be conducted by
the same person upon the same premises within one calendar year, and
each sale shall not exceed three consecutive days.
B. Sales conducted for charitable purposes shall be exempted from the
license requirement of this article. The determination of whether
a sale is being conducted for a charitable purpose shall be made by
the chief of police.
C. This article shall not apply to the refund of secondhand items for
credit, exchange or refund to the person from whom said items were
originally obtained, provided that the items were not secondhand items
when originally obtained.
Payment for all items purchased by a secondhand dealer shall be made by means of a check drawn on the secondhand dealer's account and made out in the name of the person selling the item. The secondhand dealer shall record on the face of the check the number affixed to the item purchased pursuant to §
115-9B. This section shall not apply to items purchased from a single individual for an aggregate price of less than $10.
This chapter equires any business currently operating as a secondhand
business or dealer to apply for a license within 30 days of the effective
date of this law.