Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of 5 Freeport 1-28-1985 by L.L. No. 1-1985.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 133.
[1]
Editor's Note: This local law also provided for the repeal of former Ch. 173, Secondhand Dealers, adopted 5-12-1980 by L.L. No. 5-1980.

§ 173-1 General provisions.

A. 
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:
(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, electronic equipment or outboard motors;
(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.
PERSON
Any natural person, association, partnership, corporation, fiduciary or other legal entity.
POLICE
Any officer or member of the Freeport Police Department.
PRECIOUS METALS
Gold, silver, platinum, iridium, ruthenium, osmium or any alloy of any one or more of said metals.
VILLAGE BOARD
The Board of Trustees of the Incorporated Village of Freeport.
B. 
Exceptions. Nothing contained in this chapter shall be construed to apply to:
(1) 
Automobiles, automobile parts, pianos, books, magazines, rugs, tapestries, artists' burlaps, paintings, sculpture, drawings, etchings and engravings or boats.
(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 sale 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 75 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.
(8) 
A charitable or religious organization, association or corporation which has acquired secondhand articles through donation or collection for the purpose of selling such articles or disposing of them by gift.
(9) 
A garage sale, as said activity is defined and regulated in § 210-183 of the Code of the Village of Freeport.
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 Freeport 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 shall be deemed neither to limit nor repeal any other powers granted to the Village of Freeport 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 Freeport or 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.

§ 173-2 License required; types of licenses.

A. 
It shall be unlawful for any person to act as a dealer in secondhand articles without a license therefor.
B. 
There shall be three types of licenses: a general license, a management license and an exposition license.
(1) 
A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles, except those enumerated in § 173-7F and G of this chapter, unless the licensee meets the additional licensing requirements specified therein, within the Village of Freeport during the license period specified in § 173-3.
(2) 
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 Village of Freeport during the period of one month from the date of issuance of such license.
(3) 
An exposition license shall authorize a dealer in antiques or unique secondhand articles who maintains no place of business within the Village of Freeport to exhibit and sell such articles at any fair, show or exposition within the Village of Freeport during a period of one month from the date of issuance of such license.

§ 173-3 Bonds; fees; term and conditions of license.

A. 
Each dealer securing a general license shall furnish a bond to the Village of Freeport with sufficient surety to be approved by the Village Clerk in the penal sum of $5,000, conditioned for the due observance of the law relating to such dealers.
B. 
Each manager of an antique or unique article exposition shall furnish a bond to the Village of Freeport with sufficient surety to be approved by the Village Clerk in the penal sum of $5,000, conditioned for the due observance of the law relating to dealers who are exhibitors at the exposition.
C. 
The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a secondhand dealer's license or a renewal thereof.
[Amended 2-26-1990 by L.L. No. 27-1990]
D. 
All general licenses shall expire on the first day of April 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.
E. 
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.
F. 
All licenses are personal with the licensee. They do not go with title to the land, nor may they be sold, assigned, transferred or disposed of.
G. 
Any license may be denied, revoked or suspended by the Village Clerk, subject to a right of review by the Village Board pursuant to the provisions of § 173-15, at a hearing held thereon pursuant to the provisions of § 173-16 of this chapter.

§ 173-4 Application procedure.

A. 
An applicant for a license under this chapter must file with the Village Clerk an application, supplied by the Village Clerk, containing the following information:
(1) 
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 a 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 the 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 certificate of authority to do business in New York State from the New York State Secretary of State.
(2) 
The address of the applicant (local and legal).
(3) 
That the applicant, if a natural person, is at least 18 years old at the time of application.
(4) 
That the applicant is a citizen of the United States and whether citizenship was obtained by birth or naturalization and, if by naturalization, the date and place where obtained, The naturalization certificate or permanent Board of Elections personal registration card may be used as proof of citizenship.
(5) 
A statement as to whether or not the applicant has ever been convicted of, or is now under charge of, any felony, misdemeanor or violation of any municipal ordinance or local law, 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.
(6) 
A description of the exact type of business the applicant intends to conduct.
(7) 
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.
(8) 
Photographs and fingerprints.
(a) 
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.
(b) 
Two photographs and fingerprints are required of each individual applicant; two photographs and fingerprints are required of each partner; no photographs are required of corporate applicants, but all officers must be fingerprinted, as well as any stockholder of 10% or more of the stock.
(9) 
If the 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.
B. 
The Village Clerk shall mail a copy of the applicant's fingerprints to the Division of Criminal Justice Services, Albany, New York, together with a request for the applicant's criminal history record to be furnished by the State Division of Criminal Justice Services and the Federal Bureau of Investigation. 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.

§ 173-5 Issuance of license.

A. 
Upon receipt of the license application and upon the approval by the Village Clerk of the Village of Freeport and payment of the prescribed fees by and bonds required of the applicant, the Village Clerk shall prepare and deliver to the applicant his/her 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 Village of Freeport.
C. 
The Village Clerk shall keep a record of all licenses issued, as well as any other matters herein described.
D. 
No license shall be granted under this chapter to any person who is disqualified from receiving same by reason of the criteria set forth in § 173-14 of this chapter.

§ 173-6 Report to Police Commissioner.

Every dealer in secondhand articles shall furnish to the Police Commissioner of the Village of Freeport 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 of secondhand articles within 72 hours of purchase.

§ 173-7 Restrictions.

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 Village of Freeport, 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 within a period of time less than the expiration of said 15 days mentioned above, provided that the required records of purchases and sales are kept pursuant to § 173-10.
E. 
No person licensed as a secondhand dealer may engage in the business of a pawnbroker, unless also licensed as a pawnbroker pursuant to Article 5 of the General Business Law. No person licensed as a pawnbroker shall engage in the business of a secondhand dealer, unless also licensed as a secondhand dealer pursuant to this chapter. All persons licensed as both secondhand dealers and pawnbrokers shall post a conspicuous notice, to be clearly visible to all customers entering each place of business of such licensee, stating that customers may freely choose to either pawn or sell property to the licensee.
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 § 133-1 of this Code.
G. 
It shall be unlawful for any person licensed as a secondhand dealer to engage in or operate the business commonly known as "automobile wrecking" for the sale or storage of wrecked automobiles or of used, junked or salvaged parts and accessories to such automobiles, unless also licensed as an automobile wrecker, as provided in § 133-5 of this Code; or deal in the processing of used metals for resale or the dumping, storage, burning and disposal of waste, secondhand or used materials of whatever composition.

§ 173-8 Labeling of certain articles.

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.

§ 173-9 Lost or stolen property.

A. 
If any articles shall be advertised in any newspaper 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 articles, such dealer shall immediately give information relating thereto to the Police Commissioner of the Village of Freeport 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 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 the Village of Freeport 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 the Village of Freeport 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.

§ 173-10 Record of purchases or sales.

A. 
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the Commissioner of Police of the Village of Freeport, 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 or other precious 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 such items are received from.
C. 
As between dealers, all transactions shall be recorded in the above-prescribed book, and legible records shall be 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 inspection by any police officer, the Commissioner of Police of the Village of Freeport or any inspector of licenses or any person duly authorized, in writing, for such purposes by the Commissioner of Police, 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 Commissioner of Police of the Village of Freeport within 72 hours after such bulk purchase.

§ 173-11 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 document 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 person to believe it 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.

§ 173-12 Penalties for offenses.

A. 
A violation of the provisions of § 173-2, 173-3, 173-6, 173-7 173-9, 173-10 or 173-11 of this chapter shall constitute a Class A misdemeanor, as said term is defined by the Penal Law of the State of New York, and be punishable as such.
B. 
A violation of the provision of § 173-4 or 173-8 of this chapter shall constitute a violation and shall be punishable by a fine not exceeding $250, 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 (twenty-four-hour period) the offense is continued.
C. 
In addition to the penalties provided in Subsections A and B above, a violation of any of the aforementioned sections of this chapter shall subject the person committing the offense to a civil penalty in the amount of $1,000 for each day (twenty-four-hour period) that the offense shall continue, collectible by the Village Attorney in the name of the Village of Freeport.
D. 
In addition to the above-provided penalties and punishment, the Village Attorney also may maintain an action or proceeding in the name of the Village of Freeport 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.

§ 173-13 Enforcement.

It shall be the duty of any police officer of the Village of Freeport 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.

§ 173-14 Denial, revocation or suspension of license.

A. 
A license under this chapter shall be denied to any person:
(1) 
Who has been convicted, within five years prior to the application for such license, excluding any period of incarceration served as a sentence for such conviction, of any offense which, under the laws of the State of New York, would constitute any degree of a crime involving larceny or criminal possession of stolen property;
(2) 
Who has been convicted of any other crime, except as otherwise provided by Article 23-A of the Correction Law of the State of New York;
(3) 
Whose license under this chapter has been revoked at any time during the year prior to the time of the application for the license;
(4) 
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; or
(5) 
Who is less than 18 years of age at the time of application.
B. 
A license issued pursuant to this chapter may be revoked or suspended by the Village Clerk after notice for any of the following causes:
(1) 
Fraud or misrepresentation on the part of the licensee, his/her agents, servants or employees in the conduct of his/her secondhand dealer's business or making a materially false statement in the application for the license.
(2) 
Conviction of the licensee of a violation of one or more of the provisions of this chapter.
(3) 
Commission by the licensee of any act that would constitute a ground for denial of a license, as specified in Subsection A(1) and (2) of this section.
(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.
C. 
Notice of the denial of a license or of the revocation or suspension of a license shall be given, in writing, setting forth specifically the grounds for such action and the effective date of such denial, suspension or revocation. Such notice shall be delivered personally to the applicant or licensee or mailed, by certified or registered mail, postage prepaid, to the applicant or licensee at the address shown on the most recent application of such applicant or licensee.

§ 173-15 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.
B. 
Such application shall be in writing, signed and acknowledged by the applicant or licensee, as the case may be, and shall state the ground or grounds on which the applicant or licensee claims that the determination of the Village Clerk was erroneous.
C. 
Such application shall be filed with the Village Clerk by the applicant or licensee within 20 days after notice of denial of his application or notice of suspension or revocation of his license by the Village Clerk has been mailed to him or delivered to him in person, whichever occurs sooner. For the purposes of this chapter, such notice shall be deemed to have been mailed to the applicant or licensee as of the date of the canceled postmark on the envelope containing said notice.
D. 
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 173-16 hereof; and notice of said hearing shall be given in the manner prescribed in § 173-16B.
E. 
At such hearing, the Village Board, sitting as the review board, shall consider the applicant's or licensee'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.
F. 
The Village Board, after such hearing, may affirm, modify or overrule the action of the Village Clerk and direct the Village Clerk to issue a proper license pursuant to this chapter or to take such other appropriate action consistent with its determination and findings.

§ 173-16 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 Board, which is not more than 45 days from the date of filing of the application for a hearing, unless adjourned for good cause by said Board or at the request of the applicant or by mutual consent.
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 by registered or certified mail, postage prepaid 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 date. For the purposes of this chapter, said notice of hearing shall be deemed to have been mailed to the applicant or licensee as of the date of the canceled postmark on the envelope containing said notice.
C. 
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.
D. 
All witnesses shall be sworn and examined under oath, and a stenographic record shall be made of the proceedings and preserved for purposes of judicial review.
E. 
In the case of the denial of the issuance of a new license to a present licensee or the suspension or revocation of an existing license, the Village Board may, in the sound exercise of its discretion, stay enforcement of said action pending its own findings and determination as the review board.