[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 2-2-1981 as L.L. No. 1-1981. Amendments noted where
applicable.]
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, outboard motors or electronic
equipment;
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 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."
A.
The Board of Trustees has determined that, within the
Village of Cedarhurst, controls and/or regulations are required governing
the activities of those persons engaged in the business of buying and selling
secondhand merchandise. Some of these dealers represent to those persons involved
in crime an opportunity to dispose of stolen property. If the law enforcement
agencies are to function, a local law regulating these secondhand establishments
is necessary.[1]
B.
The ease with which some secondhand dealers buy and dispose
of personal property indicates the need for the enactment of laws to control
and regulate their everyday business transactions. A few of the dealers require
scant or, very often, no identification when purchasing personal property
and rarely, if ever, is proof of ownership requested.
C.
It is a fact that secondhand dealers are not required, without such controls and/or regulations, to forward reports of acquired used property to any of the police agencies. With the passage of this chapter, reports would be required from dealers in secondhand jewelry, marine equipment, antiques, cameras, coins, stamps, musical instruments, firearms, televisions, as well as stereophonic equipment. As a result of the reporting, there would be a marked increase in the number of restitutions for the sole reason that now these merchants would be committed to keeping accurate records of the used property purchased and disposed of by forwarding the proper reports in accordance with § 202-13.[2]
D.
For small or large business enterprises to be allowed
to continue to operate without laws to control and regulate the purchase of
secondhand articles not only jeopardizes the property rights of many people,
but extremely hampers the police agencies in their efforts to recover stolen
property and identify suspects.
A.
The security involved in the handling of secondhand property
has become a matter of concern to the police agencies charged with the duty
and responsibility therein.
B.
With the increase in the incident of property thefts,
the widespread use of alcohol and drugs, the decline in the value of the dollar,
the increase in the price of gold and diamonds, the specter of inflation where
barter becomes more of a reality, all point to the imperative that the best
interests of the people of the village of would be served by the enactment
of this chapter.
C.
This law will ensure a dramatic rise in the percentage
of the stolen property recovered, an increase in the probability that the
general public will receive a fairer deal in their business transactions and
will better the means to allow the police agencies to obtain more information
necessary to apprehend perpetrators of crimes associated with the theft of
property. Thereby the public health, morals and general welfare of the Village
of Cedarhurst will be protected and promoted.
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:
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.
A.
It shall be unlawful for any person to act as a dealer
in secondhand articles without a license therefor.
B.
A license shall permit the buying and selling of used
merchandise as a subsidiary part of the business only. Businesses dealing
only in used goods are prohibited, except if such business is a bona fide
antique dealer.
A.
Each dealer securing a license shall furnish a bond to
the Village of Cedarhurst with sufficient surety to be approved by the Village
Clerk-Treasurer in the penal sum of $10,000 conditioned for the due observance
of the law relating to such dealers.[1]
B.
An annual license fee shall be required for secondhand
dealers. Said license fee shall be as set by the Board of Trustees of the
Village of Cedarhurst by resolution of a majority vote of its members present
at a Board meeting.[2]
[2]
Editor's Note: The fee schedule is on file in the village offices.
C.
All licenses shall expire on the 31st day of May 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.
D.
All licenses shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity of business
for which it is issued.
E.
All licenses are personal with the licensees. It does
not go with title to the land nor may it be sold, assigned, transferred or
disposed of.
F.
Any license may be revoked or suspended by the Board
of Trustees of the Village of Cedarhurst after a hearing thereon, at which
time the licensee shall have an opportunity to be heard.
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.
A.
Upon receipt of the license application and upon the
approval by the Village Clerk-Treasurer of the Village of Cedarhurst and the
payment of the prescribed fees by and bonds required of the applicant, the
Village Clerk-Treasurer shall prepare and deliver to the applicant his or
her license.
B.
Every license issued hereunder shall be signed at the
direction and in the name of the Village Clerk-Treasurer and sealed with the
seal of the Village of Cedarhurst.
C.
The Village Clerk-Treasurer 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
dealer in secondhand articles:
(1)
Who has been convicted of any offense which, under the
laws of the State of New York, constitutes a crime involving moral turpitude;
(2)
Who has been found by any court of the state to have
practiced any fraud, deceit or misrepresentation in the conduct of the secondhand
dealer business unless the Village Clerk-Treasurer, after Village Board approval,
shall decide in any particular case upon the facts there presented that it
is proper to issue the license applied for;
(3)
Whose license under this chapter been revoked at any
time during the year prior to the time of the application for the license;
or
(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.
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.
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 or she
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.
in the evening 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 Cedarhurst, until the expiration of four months after the acquisition by such dealer of such articles. Duly licensed dealers in antiques may sell or dispose of secondhand articles for a period of time less than the expiration of the said four months mentioned above, provided the required record of purchases and sales are met pursuant to § 202-17.[1]
E.
It shall be unlawful for any dealer in secondhand articles
to be licensed as a collateral loan broker or to engage in the business of
a collateral loan broker; nor shall any sign or emblem be displayed by any
such dealer in or about the premises where such business is conducted which
in any way resembles the sign or emblem commonly used by collateral loan brokers
or which is intended to give the appearance that the business conducted on
such premises is or is connected with the business of a collateral loan broker.
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 or she is also licensed as a junk dealer therefor, as provided for in and pursuant to Chapter 159, Junk Dealers, of this Code.
G.
It shall be unlawful for any person licensed as a secondhand
dealer to deal in the purchase or sale of secondhand motor vehicles or parts
therefrom, the processing of used metals for resale and 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
printed 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 Nassau County or his or her 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 or her authorized
agent. A dealer in secondhand articles, when notified by the Commissioner
of Police or his or her agent that property in his or her 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 Nassau County or his or her 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 Nassau County
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 Nassau County,
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, other 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 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 the inspection of any police officer, to the Commissioner of Police of
Nassau County 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 Nassau County Police Commissioner 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 or she purchases an article and
to make and keep a written record of the nature of the evidence submitted
by such person to prove his or her 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.
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 or
her 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
or her premises the person's signature together with the number and description
of the identifying document, if any.
A.
A failure to comply with the provisions of § 202-9 shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
B.
A failure to comply with the other sections of this article
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 the offense is continued.
C.
In addition to the penalties provided above, any offense
against the provisions of this article shall subject the person committing
the offense to a civil penalty in the amount of $1,000 for each day that the
offense shall continue, collectible by and in the name of the Village of Cedarhurst.
D.
Conviction for any offense against the provisions of
this chapter shall constitute and effect an immediate forfeiture of the license.
E.
In addition to the above provided penalties and punishment,
the Village Board of Trustees also may maintain an action or proceeding in
the name of the Village of Cedarhurst 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 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.
A.
[1]A license issued under the provisions of this chapter may be revoked
or suspended by the Village Clerk-Treasurer after notice and a hearing before
the hearing officer appointed by the Mayor for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for the license.
(2)
Any violation of this chapter.
(3)
Conviction of any crime or offense involving moral turpitude.
(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.
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-Treasurer
as hereinafter provided:
(1)
Such application shall be in writing, signed and acknowledged
by the applicant and shall state the ground or grounds on which the applicant
claims that the determination of the Village Clerk-Treasurer was erroneous.
(2)
Such application shall be filed with the Village Clerk-Treasurer
by the applicant within 20 days after notice of denial of his or her application
or notice of suspension or revocation of permit by the Village Clerk-Treasurer
has been mailed to him or her or delivered to him or her in person.
(3)
Upon the filing of such application, a hearing shall
be held thereon by the Village Board of Trustees.
(4)
At such hearing the Board of Trustees shall consider
the applicant's application upon the record before the Village Clerk-Treasurer,
in connection with the Village Clerk-Treasurer's consideration thereof
and in its discretion, receive new or additional evidence in support thereof
or in opposition thereto.
B.
The Board of Trustees, after such hearing, may affirm
the action of the Village Clerk-Treasurer or direct the Village Clerk-Treasurer
to issue a proper license pursuant to this chapter.
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.
