[HISTORY: Adopted by the Town Board of the
Town of Greece 4-21-2009 by L.L. No. 1-2009; amended in its entirety 12-21-2010 by L.L. No. 15-2010. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 150.
As used in this chapter, the following terms
shall have the meanings indicated:
The term "applicant" shall have the following meanings in
this chapter. If the entity requesting the secondhand dealer license
is:
An individual doing business under his or her name or an assumed
name, the applicant is that individual.
A corporation, the applicant is an officer of the corporation.
A partnership, the applicant is all the partners of the partnership.
A limited-liability corporation, the applicant is the managing
member.
A trust, the applicant is the trustee.
Any other legal entity, the applicant is the agent of the legal
entity and the person responsible for and has the authority to execute
a legal document on behalf of the entity, and has attached such written
authority to the application. This agent may include but is not limited
to the manager or operator of the business entity.
The Town of Greece Chief of Police or his/her designee.
The Town of Greece Director of Technical Services, or the
Town of Greece Code Enforcement Officer or his/her designee.
The amount a seller can expect to obtain for the merchandise
in an open market from a willing buyer.
Any person, corporation, partnership, limited-liability
corporation, trust, or any other legal entity in New York State who
or which, either wholly or in part, engages in or operates the trade
or business of buying used goods, including but not limited to precious
gems, gold, silver, platinum or other precious metals, jewelry, coins,
watches, clocks, tools, television sets, bicycles, radios, record
or stereo sets, firearms, cameras and camera equipment, video equipment,
furniture, appliances, toys, electronics such as VCRs, games, CDs,
CD players, computers, paging equipment, calculators and office equipment,
stamps, coins, antiques and collectibles such as, but not limited
to, Hummel figurines, military service medals, swords, automotive
parts or equipment.
Advertising in any print, electronic media or by sign that any of those articles or goods referred to in Subsection A of the definition of "secondhand dealer" herein are being bought anywhere or in any location within the Town of Greece shall constitute engaging in business as a secondhand dealer for purposes of this chapter.
The above notwithstanding, any individual, company, corporation,
LLC, partnership, trust or other business entity which establishes
a presence within the Town of Greece for the purpose of buying used
or secondhand goods with or without the use of advertising is engaging
in business as a secondhand dealer for the purpose of this chapter.
A secondhand dealer is not permitted to purchase or sell rifles,
shotguns or firearms, except for antique firearms, as defined in New
York State Penal Law § 265.00, unless he is also licensed
as a dealer in firearms.
[Added 1-15-2013 by L.L.
No. 1-2013[1]]
"Secondhand dealer" shall not include the following,
and the following activities shall be exempt from the requirements
of this chapter:
[Amended 7-11-2012 by L.L. No. 3-2012]
The purchase of motor vehicles.
Garage sales, basement sales, porch sales, yard
sales or other such events at which a person desires to sell or trade
his/her personal used items, household goods and/or furniture equipment
upon his/her premises, said premises not being a regular place of
business for purchase or sale of secondhand items; not more than three
such sales shall be conducted by the same person or persons upon the
same premises within one calendar year and each such sale shall not
exceed 10 consecutive days.
The return of secondhand items for credit, exchange
or refund to the person from whom said items were originally obtained,
provided that the items were not secondhand items when originally
obtained.
Judicial sales or sales by executors or administrators.
The occasional or auction sales of household goods sold from
private homes.
Auctions of real estate.
The occasional sale, purchase or exchange of coins or stamps
by a person at his/her permanent residence or in any municipally owned
building who is engaged in the hobby of collecting coins or stamps
and who does not solicit the sale, purchase or exchange of such coins
or stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, Internet or other form of
printed or electronic advertising.
Any item that has been used, exchanged and/or sold at retail
on at least one prior occasion. Used goods may also be referred to
as "secondhand goods."
[1]
Editor's Note: This local law also redesignated former Subsection
B as Subsection C.
A.
The Town
Board may promulgate rules and regulations to govern the operation
of secondhand dealers so as to provide for the orderly operation of
the business and to ensure the public safety and the peace and tranquility
of the neighborhoods where the businesses are located.
B.
The Chief
of Police or his designee and the Code Enforcement Officer or his
designee shall have the right to enter the premises during normal
business hours for the purposes of regular inspections of the premises
to ensure compliance with local laws, ordinances, rules and regulations
relating to secondhand dealers.
No individual, person, partnership or corporation, association,
limited-liability partnership or limited-liability corporation, trust
or any other type of business permitted to do business under the laws
of the State of New York shall engage in business as a secondhand
dealer without first obtaining a secondhand dealer’s license
from the Town Clerk of the Town of Greece in accordance with the provisions
of this chapter.
A.
Upon receipt
of a completed application and the submittal of the nonrefundable
application fee, the amount of which may be established by resolution
by the Greece Town Board, the Town Clerk shall refer the application
to the Chief of Police and Code Enforcement Officer for their investigation
and recommendation as herein provided. Before the issuance of the
secondhand dealer’s license, both the Chief of Police and Code
Enforcement Officer shall conduct an investigation of the applicant
and/or the business he or she represents and business location where
the applicant is doing business or anticipates doing business pursuant
to this chapter.
B.
For purposes of this investigation, the Chief of Police
shall cause an investigation to be made of the applicant’s business
premises to determine whether public safety concerns or problems exist.
The Chief of Police or his designee shall have the right to enter
the premises during normal business hours for the purpose of making
inspections necessary for this investigation. This investigation,
in the discretion of the Chief of Police, will assure the orderly
operation of the business, and ensure the public safety and the peace
and tranquility of the neighborhoods where the businesses are located.
C.
In addition, the Chief of Police shall also cause
an investigation to be made of the background of the applicant, the
business owner, the operator of the business, any other individual(s)
connected to the business or business entity and any person or employee
whose job duty is to receive and receipt used goods. Said investigation
shall include but shall not be limited to the following:
(1)
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in Subsection A of the definition of "secondhand dealer" in § 163A-1 herein, although nothing in this section shall be construed to warrant denial of a license solely on the basis of a lack of experience. Experience shall include but not be limited to prior business operations, other business locations, current or within the past six years, or denial or revocation of a secondhand or similar permit from any municipality within the past six years.
(2)
The
reputation of the applicant for fair dealing in the community, which
shall be made among credible sources, which sources shall be disclosed
to the applicant in the event of a denial of any license.
(3)
Any
criminal history record information (CHRI) of the applicant, the business
owner, the operator of the business, any employee or any other individual
connected to the business or business entity which, in the discretion
of the Chief of Police, will ensure the orderly operation of the business.
(4)
The
Chief of Police, or his designee, will obtain a criminal history record
information (CHRI) for any applicant for a secondhand dealer’s
license. Submission of the fingerprints and fees shall be submitted
to the Department of Criminal Justice Services (DCJS), in the form
and manner required by DCJS. The applicant is also required to provide
acceptable forms of identification and follow the procedure established
and required by DCJS in order for the Town of Greece to obtain a CHRI.
The applicant shall pay any and all fees associated with the obtaining
of the criminal records and execute any document necessary to obtain
such record. The Town of Greece Police Chief or his designee shall
have the responsibility for reviewing the CHRI.
[Amended 5-17-2011 by L.L. No. 3-2011]
(5)
Any
felony conviction within the past five years or a conviction of the
following crimes will constitute grounds for automatic denial of the
license, provided the disability related to the conviction has not
been removed as provided in the Correction Law. Furthermore, if the
applicant has been convicted of felony and/or misdemeanor, any decision
regarding the applicant’s license must be made upon review of
the factors contained in Correction Law §§ 701
through 703-bb and §§ 751 through 753.
[Amended 5-17-2011 by L.L. No. 3-2011]
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Menacing 2nd/M
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Menacing 3rd/M
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Criminal trespass 3rd/M
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Criminal trespass 2nd/M
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Arson 3rd
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Petit larceny/M
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Unauthorized use of a computer
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Computer tampering 4th
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Welfare fraud 5th
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Misapplication of property/M
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UUMV 3rd/M
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Auto stripping 2nd/M
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Theft of services/M
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CPSP 5th/M
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Trademark counterfeiting 3rd/M
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Forgery 3rd/M
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CPFI 3rd/M
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Insurance fraud 5th
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Health care fraud 5th
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Commercial bribing 2nd
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Commercial bribe receiving 2nd
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Tampering with a sports contest 2nd
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Fraud involving a security interest
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Residential mortgage fraud 5th
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Criminal impersonation 2nd/M
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Scheme to defraud 2nd/M
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Perjury 3rd/M
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Making an app. sworn false statement 2nd/M
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Making a punishable false written statement/M
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Tampering with a witness 4th/M
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Tampering with a juror 2nd/M
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Tampering with a juror 1st/M
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Criminal contempt 2nd/M
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CPCS 7th/M
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Criminal possession of marijuana 5th/M
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Criminal possession of marijuana 4th/M
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Promoting gambling 2nd
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Possession of gambling records 2nd
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Possession of a gambling device
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Promoting prostitution 4th
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Obscenity 3rd
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Falsely reporting an incident 3rd/M
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Falsely reporting an incident 2nd/M
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Criminal possession of a weapon 4th/M
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(6)
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of those articles and goods referred to in Subsection A of the definition of "secondhand dealer" in § 163A-1 herein and other factors bearing upon whether the licensed business will be of a fixed and permanent nature.
D.
In addition, prior to the issuance of the secondhand
dealer's license, the Code Enforcement Officer shall cause an investigation
to be made into the location of the applicant’s business premises
to determine whether the premises are code compliant and whether a
valid certificate of compliance exists. The Chief of Police and the
Code Enforcement Officer shall have the right to enter the premises
during normal business hours for the purpose of making inspections
necessary for this application. Further inspections of the premises
may be made after a license has been issued to ensure compliance with
local laws, ordinances, rules and regulations relating to secondhand
dealers.
E.
The Chief
of Police and the Code Enforcement Officer shall complete their investigation
commenced pursuant to this chapter within 30 days of the submission
of the fully completed application to the Town Clerk, the receipt
by the Chief of Police of the CHRI, and receipt of all fees required
in this chapter. If the applicant does not complete his or her portion
of the application process, including obtaining fingerprints, within
30 days of the date of initial contact with the Greece Police Chief
or his designee, the application will be considered withdrawn. It
will then be up to the applicant to resubmit the entire application
package, along with an additional application fee.
[Amended 7-11-2012 by L.L. No. 3-2012]
F.
Applicants
shall not employ any person who has been convicted within three years
of any felony related to the operation of a business or who has had
a secondhand dealer’s license revoked or denied within the past
year.
[Added 7-11-2012 by L.L.
No. 3-2012]
[Amended 7-11-2012 by L.L. No. 3-2012]
The Chief of Police and the Code Enforcement Officer shall,
upon completion of the investigation, recommend granting or denial
of the requested license or revocation of the conditional license
to the Town Clerk, who shall grant or deny the license or revoke the
conditional license. Any recommendation of the Chief of Police, the
Code Enforcement Officer or his/her designee shall be in writing and,
in the case of a recommendation of denial, shall state fully and specifically
the reasons for said recommendation. If the Town Clerk accepts the
recommendation of the Chief of Police or the Code Enforcement Officer
or his/her designee to deny the license or to revoke the license,
the Town Clerk shall notify the applicant in writing within 10 days
of such denial or revocation and include the reason(s) for such denial.
The applicant shall have 10 days thereafter to request reconsideration
by the Clerk by providing the Clerk with any additional relevant information
in response to the Clerk's notice of denial. Except as provided in
New York Correction Law Article 23-A, the Chief of Police, or his
designee, reserves the right to deny a secondhand dealer’s license
to any person who has pled guilty to or has been convicted of any
crime which is related to the operation of the business.
If the application is denied, the applicant shall have 10 days
thereafter to request reconsideration by the Town Clerk by providing
the Town Clerk with any additional relevant information in response
to the Town Clerk’s notice of denial.
Upon receipt of a favorable recommendation by the Chief of Police
and the Code Enforcement Officer or his designee, the Town Clerk shall
issue the license accordingly, contingent upon the receipt from the
applicant of a bond of $10,000 and all other documentation and as
required by this chapter.
Grounds for recommending denial of a license may include but
not be limited to reliable information indicating that the applicant,
operator or manager of the business has in the past engaged in fraudulent
or deceptive business practices in a business identical to or similar
to the business for which the applicant seeks a license pursuant to
this chapter. The license may be denied if the investigation conducted
by the Chief of Police reveals a criminal conviction of the applicant,
operator, employee or manager as stated above or a conviction of the
applicant, operator, manager or any of its principal officers or employees
of any crime or disorderly persons offense in which deceit or misrepresentation
is an element or any conviction of any crime or disorderly persons
offense involving theft of or receiving stolen goods, whether such
conviction was as a principal, accessory before or after the fact
or coconspirator. The license may be denied if the investigation conducted
by the Code Enforcement Officer reveals that the location of the applicant’s
business premises is not code-compliant or a valid certificate of
compliance does not exist. Additional grounds for recommending denial
of a license may be the revocation of a prior secondhand dealer's
license within the last 10 years.
After reconsideration, if the Clerk denies the application,
the applicant shall be entitled to a hearing before the Town Attorney,
within 30 days of the applicant’s receipt of denial, at which
time the applicant shall be permitted to introduce such evidence as
may be deemed relevant to such denial. Within 15 days of the hearing,
the Town Attorney shall issue a written decision which sustains the
Town Clerk, reverses the decision of the Town Clerk which directs
that a license be issued or remands the matter to the Town Clerk for
further consideration.
A.
All licensees shall keep a record book in which they
will enter at the time of purchase of any item a detailed description
of the item, including but not limited to identifying marks of the
item, a brief description of the item, initials, names, dates, social
security numbers engraved thereon, serial numbers, series numbers
or any other information appearing calculated to set apart the particular
object purchased from others of like kind; the name, date of birth
and description of the person from whom the purchase was made, the
date the purchase was made, and the address where such purchase was
made for such item(s). In lieu of the paper record, a computer-generated
record or photograph reasonably depicting the items will be a suitable
substitute for identifying the item, identifying marks of the item,
and a brief description of the item. The computer-generated record
or photograph shall contain the other information required above.
B.
If the item is purchased by weight, the troy ounce
weight of the item.
C.
The name of the clerk or employee of the licensees
making the transaction legibly set forth.
D.
The name, permanent business address and license number
of the purchaser-licensee.
E.
The name and address of the seller, which shall be
verified by the proof of photo identification in the form of a driver's
license, valid driver's license, New York State non-driver's identification,
military identification, or other adequate proof of identification.
All dealers shall keep a copy of the identification used as proof
of identity. Said receipt book shall be a record kept in the regular
course of business of the licensee.
F.
The actual price paid for the purchase of said item.
G.
Required records and reporting.
[Amended 7-11-2012 by L.L. No. 3-2012]
(1)
A
record of every transaction shall be kept by the licensee and made
available to the Police Department. The record book or other approved
method of recordkeeping shall be open to inspection by any member
of the Town of Greece Department of Public Safety or any other law
enforcement agency. The secondhand dealer shall submit his/her records
electronically to the Police Department on a daily basis, or by such
schedule and method of transmission as shall be determined by the
Police Department. The record book shall be securely bound, not less
than six inches in either length or width, legibly written in the
English language. No entry in such book shall be erased, obliterated,
altered or defaced. Every secondhand dealer and his/her employees
shall, at the time of making any purchase, attach a tag or otherwise
legible number and date to each item bought and make a corresponding
entry to such number in the aforementioned record book. In the event
of an error, a single red line shall be made through the entry, but
not in such a way as to prevent legibility. Such book or computer-generated
record shall be maintained for a period of three years from the date
of the latest purchase or sale entry made therein.
(2)
Daily
reporting requirements. Each secondhand dealer shall submit to the
Greece Police Department a daily report of each purchase of secondhand
goods (purchased) that day. The report shall include each item purchased
or each group of substantially similar items purchased as part of
a single transaction.
H.
Electronic reporting of transactions. Every secondhand dealer, except those exempted in Subsection C of the definition of “secondhand dealer” in § 163A-1, shall, by close of business each day, upload, via Internet connection, all reportable transactions occurring the same business day containing all information required in this chapter, to the electronic reporting service provided by the Greece Police Department according to the following procedures:
[Added 7-11-2012 by L.L.
No. 3-2012; amended 1-15-2013 by L.L. No. 1-2013]
(1)
Secondhand
dealers using point-of-sale software shall review the compatibility
of their software with the electronic reporting service provided by
the Greece Police Department, and dealers with compliant point-of-sale
software shall electronically upload all required information from
their point-of-sale software to the specified electronic reporting
service via Internet connection using the upload process of the reporting
service; or
(2)
Secondhand
dealers using noncompliant point-of-sale software, or not using point-of-sale
software, shall manually enter all reportable transactions into the
electronic reporting service via Internet connection.
(3)
In
the event a secondhand dealer is unable to successfully upload transaction
records via the electronic reporting service, the secondhand dealer
shall, within 24 hours, notify the Greece Police Department of the
reason for the submission failure and shall provide the Greece Police
Department with an estimated time of compliance.
I.
For all jewelry transactions, including but not limited to watches, rings, necklaces, bracelets, pendants, earrings, etc., photographing the items purchased is mandatory. The photographs must clearly show each item for ease of identification. The photograph of items purchased must be attached to the transaction record and must be uploaded daily pursuant to § 163A-10H. The above notwithstanding, if the jewelry items were purchased from another Town of Greece licensed secondhand dealer, no photograph is required.
[Added 1-15-2013 by L.L.
No. 1-2013]
A.
The license shall be issued for one year from the
date of issuance by the Town Clerk.
B.
The annual fee for a secondhand dealer's license shall
be fixed from time to time by the Town Board of the Town of Greece
by resolution.
C.
Once
an original application has been approved and a license issued, the
secondhand dealer may renew the license annually, upon completion
of a renewal application and submittal of the appropriate renewal
fee which may adopted by the Town Board from time to time by resolution.
[Added 7-11-2012 by L.L.
No. 3-2012]
A.
The license
or a photocopy of the license shall be posted and permanently displayed
on the site of the premises at which the business is to be conducted.
B.
No person
shall place or cause to be placed any advertisement for purposes of
such articles or goods or commence as a business dealing in bought
secondhand goods without stating in said advertising the license number
issued to the individual or entity by the Town of Greece.
C.
In print advertisement, the license number shall appear in the lower right-hand corner of the advertisement. In any advertisement in the electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalty set forth in § 163A-18 of this chapter. Failure to post the license in a conspicuous place at the place of business so that it is visible to the general public or any enforcement officer or representative of the Town of Greece shall also constitute a violation of this chapter and shall be subject to the penalties set forth in § 163A-18 of this chapter.
A.
No licensee under this chapter shall sell, alter or dispose of in any way any of those articles or goods referred to in § 163A-1 herein until seven calendar days have elapsed after the purchase of the same by such licensee. It shall be an affirmative defense to any prosecution or administrative proceeding brought for a violation of this section if retention for the time period required would result in a serious and substantial economic loss to the dealer or the probability of such loss was significant due to rapid and highly fluctuating market conditions, provided that the person so charged shall prove the existence of the market conditions giving rise to the aforesaid defense by a preponderance of the evidence. Market conditions, in order to be defense hereunder, must be such that financial analysts would characterize trading as at or approaching a level or occurrence so as to clearly distinguish trading conditions from normal variations and market movement in response to economic news or other events. In the event that this type of situation occurs, the secondhand dealer will notify the Greece Police Department by telephone, advising the Department of the disposal. The Greece Police Department will have one hour to respond to the dealer's address to view the property should the Department decide to do so. The seven-day retention period does not apply to items purchased from another secondhand dealer licensed by the Town of Greece or another municipality so long as such other municipality has similar recordkeeping and article retention requirements.
[Amended 1-15-2013 by L.L. No. 1-2013]
B.
No licensee under this chapter shall purchase any
item covered by this chapter from any person under the age of 17.
C.
Any license granted pursuant to this chapter may be
revoked if any licensee or any of its officers, directors, members,
partners, operators, managers or employees are convicted of any crime,
which conviction would have resulted in the denial of the application
for a secondhand dealer's license in the first instance.
[Amended 1-15-2013 by L.L. No. 1-2013]
D.
The licensee shall have the right to change the location
of the licensed business, provided that he notifies the Town Clerk,
in writing, of the street address of said new location and the Code
Enforcement Officer confirms that the location of the applicant’s
business premises is code-compliant and has a valid certificate of
compliance.
E.
It is
the duty of all holders of a secondhand dealer’s license to
notify the Town of Greece Police Department of any changes to the
information supplied on the license application within 20 days of
such change.
A.
Each licensee shall deliver a bond to the Town Clerk
executed by the applicant as principal with a surety company authorized
to do business under the laws of the State of New York as surety.
The bond, to be approved by the Town Attorney, shall be in the penal
sum of $10,000 conditioned for the due and proper observance of and
compliance with the provisions and requirements of all ordinances
of the Town in force or which may be adopted respecting the conduct
of this business and condition also that the bond shall be and remain
for the benefit of any person or persons who shall receive judgment
against a licensee, license under this chapter by reason of any damage
sustained by any such person as a result of the operations of the
licensee under this chapter, which damage shall be established by
a judgment of a court of proper jurisdiction. Said bond shall contain
the following language:
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"The obligation of this bond shall, in addition to the Town of Greece, inure be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in the operation pursuant to any license granted under Chapter 163A of the Code of the Town of Greece."
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B.
Said bond shall be kept for a minimum of one year
from the date of issuance of the license and must be renewed annually
along with the license.
No secondhand dealer shall have his/her place
of business open for the transaction of business, nor shall he/she
purchase any secondhand items from persons other than secondhand dealers
except between the hours of 8:00 a.m. and 10:00 p.m.
[Amended 1-15-2013 by L.L. No. 1-2013]
A.
Every
secondhand dealer shall keep on file a current list of employees which
shall be available to the Town of Greece Police Department or any
other law enforcement agency upon reasonable request.
B.
Every
secondhand dealer will notify the Town of Greece Police Department
of any new employees within 10 days of hire. The Greece Police Department,
at its discretion, will determine if a background check, including
fingerprinting, is required for the new employee.
All items purchased by a secondhand dealer may be made by means of a check drawn on the secondhand dealer's account and made out in the name of the person selling the item or by cash. If payment is made by check, the secondhand dealer shall record on the face of the check the number affixed to the item purchased pursuant to § 163A-10. This section shall not apply to items purchased from a single individual for fair market value. The dealer will keep a copy of the purchaser’s identification with the transaction record. The dealer shall keep and maintain a cash receipt book.
A.
Any member of the Town of Greece Police Department
or any Town of Greece code enforcement official shall have the authority,
pursuant to New York State Criminal Procedure Law, to issue an appearance
ticket subscribed by him/her directing a designated person to appear
in a designated local criminal court at a designated future time in
connection with the alleged violation of this chapter.
[Amended 7-11-2012 by L.L. No. 3-2012]
B.
Any individual person, partnership or corporation,
limited-liability corporation or any other legal entity found in violation
of the provisions of this chapter shall be subject to fine not to
exceed $1,000 or imprisonment in the county jail not to exceed 15
days, or both.
C.
In addition to the above-provided penalties and punishment,
the Town of Greece also may maintain an action or proceeding in the
name of the Town of Greece in a court of competent jurisdiction to
compel compliance with the provisions of this chapter or to restrain
by injunction any offense against this chapter.
D.
Any violation of this chapter is grounds for revocation
of any license granted hereunder. Before revoking any license granted
herein, the Town Clerk shall give the licensee 10 days' notice by
certified mail to the licensee's address on the application of a hearing
before the Town Clerk. The Town Clerk shall consider any relevant
evidence and then, at the Clerk's sole discretion, based upon the
violation, may revoke any license granted under the law.
If any clause, sentence, paragraph, section, article or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This chapter shall take effect immediately.
