[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park 2-23-1981 by L.L. No. 1-1981. Sections 274-12 and 274-18F amended at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
Pursuant to the provisions of the New York State Constitution, the Municipal
Home Rule Law, the Suburban Town Law, the General Municipal Law, the Town
Law and the Village Law, all as amended, the Board of Trustees of the Incorporated
Village of Massapequa Park 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 Village Board of the Incorporated Village
of Massapequa Park enacts this chapter, entitled "Secondhand Dealers."
A.
There is no control in the Incorporated Village of Massapequa
Park 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, an ordinance regulating these
secondhand establishments is necessary.
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,
at the present time, to forward reports of acquired used property to many
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 and 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 to the police, on a daily
basis, at the close of each business day.
D.
This problem involving stolen property is not confined
solely to the small dealers. Some of the very largest retailers in the nation,
those whose stores are located in the Incorporated Village of Massapequa Park,
buy large quantities of old gold, jewelry and diamonds and forward not one
single report of purchase to any police agency in the county. The scope for
the exploitation of stolen property is further broadened due to the operations
of these merchandising giants.
E.
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 also 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.
The increase in the incidence 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 and 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 Incorporated Village of Massapequa Park
would be served by the enactment of this chapter.
C.
This chapter will ensure a dramatic rise in the percentage
of stolen property recovered and 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 Incorporated
Village of Massapequa Park will be protected and promoted.
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 pawnbroker tickets or other
evidence of pledged articles.
Nothing contained in this chapter shall be construed to apply to:
A.
Automobiles, 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 non retail 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 Incorporated
Village of Massapequa Park, 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 considered as minimum requirements and deemed neither to limit nor repeal
any other powers granted to the Incorporated Village of Massapequa Park under
New York State statutes.
This chapter shall not create any liability on the part of the Incorporated
Village of Massapequa Park, its officers, agents or employees, the Nassau
County Police Department, 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.
It shall be unlawful for any person to act as a dealer in secondhand
articles without a license therefor.
B.
A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles other than secondhand automobiles within the Incorporated Village of Massapequa Park during the license period specified in § 274-13A of this chapter.
C.
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 incorporated Village
of Massapequa Park during a period of one month from the date of issuance
of such license.
D.
An exposition license shall authorize a dealer in antiques
or unique secondhand articles who maintains no place of business within the
Incorporated Village of Massapequa Park to exhibit and sell such articles
at any fair, show or exposition within the Incorporated Village of Massapequa
Park 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 incorporated Village of Massapequa Park, with sufficient surety
to be approved by the Village Clerk in the penal sum of $2,000, conditioned
for the due observance of the ordinance relating to such dealers.
B.
Each manager of an antique or unique articles exposition
shall furnish a bend to the Incorporated Village of Massapequa Park, with
sufficient surety to be approved by the Village Clerk in the penal sum of
$2,000, conditioned for the due observance of the ordinance relating to dealers
who are exhibitors at the exposition.
A.
All general licenses shall expire on the first day of
June 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.
B.
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.
C.
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.
D.
Any license may be revoked or suspended by the Village Board of the Incorporated Village of Massapequa Park after a hearing thereon pursuant to the provisions of § 274-28 herein, at which time the licensee shall have an opportunity to be heard.
E.
The granting, refusal, revocation or suspension of any
license by the Village Board shall be subject to review by certiorari after
applicant or licensee has exhausted all administrative remedies.
Applicants for a license under this chapter must file with the Village
Clerk of the Incorporated Village of Massapequa Park an application, supplied
by the Village Clerk, containing the following information:
A.
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
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 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 shall be provided. 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 applicant has ever been
convicted of or is 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 the 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.
I.
If 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.
J.
A copy of the applicant's fingerprints shall be mailed
to the Division of Criminal Justice Services, Albany, New York, requesting
a fingerprint search. 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 Incorporated Village of Massapequa Park
and the payment of the prescribed fees and bonds required of the applicant,
the Village Clerk shall prepare and deliver to the applicant his 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 Incorporated Village of Massapequa Park.
C.
The Village Clerk shall keep a record of all licenses
issued as well as any other matters herein described.
No license shall be granted under this chapter to any dealer in secondhand
articles:
A.
Who has been convicted of any offense which, under the
laws of the State of New York, constitutes a crime involving moral turpitude.
B.
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, after Village Board of Trustees
approval, shall decide in any particular case upon the facts there presented
that it is proper to issue the license applied for.
C.
Whose license under this chapter has been revoked at
any time during the year prior to the time of the application for the license.
D.
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 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 or 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 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 Incorporated Village of Massapequa Park, 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 during a period of time prior to the expiration of the said 15 days mentioned above, provided that the required record of purchases and sales is met pursuant to § 274-21.
E.
It shall be unlawful for any dealer in secondhand articles
to be licensed as a pawnbroker or to engage in the business of a pawnbroker;
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 pawnbrokers or which is intended to give the appearance
that the business conducted on such premises is, or is connected with, the
business of a pawnbroker.
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 and pursuant to Chapter 192 of this Code, entitled "Junk Dealers," of the Village of Massapequa Park.[1]
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 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 Nassau County 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 Nassau County 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 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
from whom such items are received.
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 to any person duly authorized
in writing for such purposes by the Commissioner of Police of Nassau County,
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.
F.
Every dealer in secondhand articles shall make available
all business premises and any and all rooms or portions of rooms thereof of
the secondhand dealership at all times during normal business hours and all
articles therein pertaining to the said business for inspection by 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 of Nassau
County, who shall exhibit such written authority to the dealer.
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 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.
[Amended 6-13-1994 by L.L.
No. 14-1994]
A.
A failure to comply with the provisions of § 274-9 hereof, entitled "License required," shall constitute a Class A misdemeanor, punishable by a fine of up to the maximum fine allowed by law or imprisonment for a period not exceeding one year, or both such fine and imprisonment.
B.
A failure to comply with any other section or sections
of this chapter shall constitute a violation and shall be punishable by a
fine up to the maximum fine allowed by law 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 chapter shall subject the person committing
the offense to a civil penalty for each day that the offense shall continue,
collectible by and in the name of the Village of Massapequa Park.
D.
Conviction of any person or persons for any offense against
the provisions of this chapter shall constitute and effect an immediate forfeiture
of any and all licenses issued pursuant to this chapter to said person or
persons.
E.
In addition to the above-provided penalties and punishment,
the Village Board also may maintain an action or proceeding in the name of
the Village of Massapequa Park 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 County of Nassau 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.
The Village Clerk of the Incorporated Village of Massapequa Park shall
record all convictions for violations of this chapter which are officially
brought to his attention by any authorized agency or person.
A.
A license issued under the provisions of this chapter
may be revoked or suspended by the Village Clerk, after notice, 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 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 was erroneous.
(2)
Such application shall be filed with the Village Clerk
by the applicant within 20 days after notice of denial of his application
or notice or suspension or revocation of his permit by the Village Clerk has
been mailed to him or delivered to him in person.
(3)
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 274-28 hereof.
(4)
At such hearing the Review Board shall consider the applicant'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.
B.
The Review Board, after such hearing, may affirm the
action of the Village Clerk or direct the Village Clerk 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 Village of Massapequa Park.
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 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.
If an applicant or licensee requests a hearing, the Village
Board shall designate two or more members of the Village Board to conduct
said hearing as a Review Board.
D.
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.
E.
All witnesses shall be sworn and examined under oath.
