Village of Rockville Centre, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rockville Centre as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Auctioneers — See Ch. 90.
Secondhand automobile sales — See Ch. 93.
Garage sales — See Ch. 201.
Licenses — See Ch. 222.
Pawnbrokers — See Ch. 244.
Peddling and soliciting — See Ch. 250.
Special sales — See Ch. 265.
Solid waste — See Ch. 283.
Zoning — See Ch. 340.
[Adopted 2-22-1971 by L.L. No. 1-1971 as Ch. 75, Art. I, of the 1971 Code]

§ 215-1 License required.

No person shall engage in the business commonly known as the "junk business" or in buying or gathering in the streets or public places of the Village, or offering to buy or gather, any personal property or articles of merchandise commonly referred to as "junk," without first obtaining an annual license therefor.

§ 215-2 Information required.

In addition to the information required of an applicant under the provision of § 222-2 of Chapter 222, Licenses, every applicant hereunder shall set forth in a sworn statement the following details:
A. 
The exact location where he will store the junk he accumulates.
B. 
The number, year of manufacture, model and license number of the vehicle in which he proposes to make his collections of junk.
C. 
The place where such vehicles are regularly stored or garaged.

§ 215-3 Fees.

[Amended 12-4-1972]
The fee for any license required by the provisions of this article shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of Rockville Centre.
[Adopted 12-8-1980 by L.L. No. 15-1980]

§ 215-4 General provisions.

A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
DEALER IN SECONDHAND ARTICLES
Any person who in any way, as principal, broker or agent:
(1) 
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.
(2) 
Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise.
(3) 
Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.
B. 
Exceptions. Nothing contained in this chapter shall be construed to apply to the following:
(1) 
Automobiles, pianos, books, magazines, rugs, tapestries, artists' burlap, paintings, sculpture, drawings, etchings and engravings.
(2) 
The first purchase or sale in the country of any imported secondhand article.
(3) 
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.
(4) 
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 nonretail sale or exchange of such merchandise.
(5) 
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.
(6) 
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.
(7) 
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.
C. 
Proof. 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 Village of Rockville Centre, if any, shall be admissible for the purpose of determining whether or not merchandise is in new or used condition.
D. 
Interpretation. 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 Village of Rockville Centre under New York State statutes.
E. 
Severability. If any clause, sentence, section, paragraph or provision of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall have been rendered.
F. 
Disclaimer of liability. This chapter shall not create any liability on the part of the Village of Rockville Centre, its officers, agents or employees or the Rockville Centre 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.

§ 215-5 License required.

No person shall act as a dealer in secondhand articles without obtaining a license therefor in accordance with the provisions of Chapter 222 of the Code of the Village of Rockville Centre.

§ 215-6 Fees.

The fee for any license required by the provisions of this article shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of Rockville Centre.

§ 215-7 Report to the Police Commissioner.

Every dealer in secondhand articles shall furnish to the Police Commissioner of Rockville Centre, 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.

§ 215-8 Restrictions.

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 articles or things except household furniture, curtains, carpets, stoves, kitchen utensils, office furniture, automobiles, motor and other vehicles, machinery, belting, building materials and barrels or other articles or things that have already been kept by a dealer or pawnbroker for a period of time in accordance with the provisions of this chapter or have been received from persons, firms or corporations known to be jewelers, dealers, banking institutions, executors or administrators shall be sold or disposed of by any dealer in secondhand articles until the expiration of 15 days after such purchase or redemption, and 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 dealer in secondhand articles, while licensed as such, shall be licensed as pawnbroker or junk dealer, nor shall any sign or other device or subterfuge be displayed, used or employed by any dealer in secondhand articles in or about the premises where such 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; nor shall there be any sign displayed which is calculated to deceive.
E. 
No dealer in secondhand articles shall purchase from a person less than 18 years of age.
[Added 11-9-1981 by L.L. No. 6-1981]

§ 215-9 Lost or stolen property.

[Amended 5-16-1983 by L.L. No. 5-1983]
A. 
If any goods or articles shall be advertised in any newspaper printed, circulated or distributed 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 goods or articles, such dealer shall immediately give information relating thereto to the Police Commissioner of Rockville Centre or his agent. No disposition of such goods or articles shall be effective 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 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 allowing such removal or sale is made to the dealer in writing by the Police Commissioner of Rockville Centre or his agent.
B. 
Every dealer in secondhand articles who shall have or receive any goods or articles alleged or supposed to have been lost or stolen shall exhibit the same on demand to the Commissioner of Police of Rockville Centre or to 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.

§ 215-10 Record to be kept.

A. 
Every dealer in secondhand articles shall keep a book furnished at his own expense in a form prescribed by the Police Commissioner, in which shall be legibly written in English, at the time of every purchase or sale, a description of every article so purchased or sold, the number or numbers and any monograms, inscription or other marks or identification that may appear on the article and a description of the articles or prices comprising old 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 hours of the purchase or sale.
B. 
In the case of a purchase or sale of a pawnbroker ticket or other evidence of a pledged article, there shall be written in said book at the time of such purchase, sale or redemption:
(1) 
The name and address of the person, copartnership or corporation who issued the said ticket or other evidence.
(2) 
The pledge number of said pawn ticket or other evidence.
(3) 
The name and address of the pledger as it appears on said pawn ticket or other evidence.
(4) 
The amount loaned or advanced as it appears on said pawn ticket or other evidence.
(5) 
The day and hour of such purchase or sale, as the case may be.
(6) 
The sum paid or received for such pawn ticket or other evidence.
(7) 
Such description of a pledged article as appeared on said pawn ticket or other evidence and an accurate description of every redeemed pledged article.
C. 
Said book shall at all reasonable times be opened to the inspection of any police officer or any inspector of licenses or any person duly authorized in writing for such purpose by the Board of Trustees of the Village of Rockville Centre.

§ 215-11 Identity of person from whom purchase is made.

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 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 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 to 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.

§ 215-12 Penalties for offenses.

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.