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:
A.
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;
B.
Accepts or receives secondhand articles as returns of merchandise or
in exchange for or for credits on any other articles or merchandise;
C.
Deals in the commercial purchase or sale of collateral-loan broker tickets
or other evidence of pledged articles.
Pursuant to the provisions of the New York State constitution, the Municipal
Home Rule Law, the General Municipal Law and the Village Law, all as amended,
the Board of Trustees of the Village of Cedarhurst is empowered to enact local
laws and ordinances licensing and regulating occupations and the conduct of
business to protect and promote the health, safety, morals or the general
welfare of the community. Therefore, the Board of Trustees of the Village
of Cedarhurst enacts into the Village Code this chapter entitled "Control
and Regulation of Secondhand Dealers."
Nothing contained in this chapter shall be construed to apply to:
A. Pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculpture, drawings, etchings and engravings.
B. The first purchase or sale in the country of any imported
secondhand article.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
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 Cedarhurst, if any, shall be admissible for the purpose of determining
whether or not merchandise is in new or used condition.
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:
A. Considered as minimum requirements; and
B. Deemed neither to limit nor repeal any other powers granted
to the Village of Cedarhurst under New York State statutes.
This chapter shall not create any liability on the part of the Village
of Cedarhurst, its officers, agents or employees, the Nassau County Police
Department, its officers, agents or employees for any act or damage caused
as a result from reliance on this chapter or any administrative decision lawfully
made thereunder.
Applicants for a license under this chapter must file with the Village
Clerk-Treasurer of the Village of Cedarhurst an application, supplied by the
Village Clerk-Treasurer, containing the following information:
A. 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 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 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 application for authority to do business in New York State from
the New York State Secretary of State.
B. The address of the applicant (local and legal).
C. That the applicant is of legal age.
D. That the applicant is a citizen of the United States
and whether citizenship was obtained by birth or naturalization. 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.
E. A statement as to whether or not the applicant has ever
been convicted of or now under charge of any crime, misdemeanor or violation
of any municipal ordinance, 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.
F. A description of the exact type of business applicant
intends to conduct.
G. 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.
H. 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. 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.
I. If the applicant is a corporation, name, address and
title of officer of corporation upon whom process or other legal notice may
be served.
Every dealer in secondhand articles shall furnish to the Police Commissioner
of Nassau County or his or her 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.
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.
It shall be the duty of any officer of the Village of Cedarhurst or
any police officer of the County of Nassau to require any person seen dealing
in secondhand articles and who is not known by such officer to be duly licensed,
to produce or display his or her secondhand dealer's license and to enforce
the provisions of this chapter against any person found to be violating the
same.
The Village Clerk-Treasurer of the Village of Cedarhurst shall record
all convictions for violations of this chapter which are officially brought
to his or her attention by any authorized agency or person.
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 Mayor of the village.
B. The Village Clerk-Treasurer 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 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.
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 or her own behalf as may be relevant to
the subject matter of the hearing.
D. All witnesses shall be sworn and examined under oath.