[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.
A.
DEALER IN SECONDHAND ARTICLES
(1)
(2)
(3)
PERSON
POLICE
PRECIOUS METALS
VILLAGE BOARD
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Any person who in any way, as principal, broker or agent:
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;
Accepts or receives secondhand articles as returns of merchandise or
in exchange for or for credits on any other articles or merchandise;
Deals in the commercial purchase or sale of pawnbroker tickets or other
evidence of pledged articles.
Any natural person, association, partnership, corporation, fiduciary
or other legal entity.
Any officer or member of the Freeport Police Department.
Gold, silver, platinum, iridium, ruthenium, osmium or any alloy of
any one or more of said metals.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
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.
