[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 9-22-1980 by L.L. No. 3-1980. Amendments noted where
applicable.]
A.
Statutory authorization. Pursuant to the provisions of the New York State Constitution, the Municipal Home Rule Law and the General Municipal Law, all as amended, the Village Board of the Village of Valley Stream is empowered to enact 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 Village of Valley Stream enacts this Chapter 69 into the Code of the Village of Valley Stream, to be entitled "Control and Regulation of Secondhand Dealers."
B.
Findings of fact.
(1)
There is no control in the Village of Valley Stream
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.
(2)
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.
(3)
It is a fact that secondhand dealers are not required,
at the present time, 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 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.
(4)
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 Village of Valley
Stream, 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.
(5)
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.
C.
Legislative intent.
(1)
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.
(2)
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 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
Village of Valley Stream would be served by the enactment of this
chapter.
(3)
This chapter 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 Valley Stream will be protected
and promoted.
A.
DEALER IN SECONDHAND ARTICLES
(1)
(2)
(3)
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any person or corporation 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.
B.
Exceptions. Nothing contained in this chapter shall
be construed to apply to:
(1)
Automobiles, pianos, books, magazines, rugs, tapestries,
artists' burlaps, paintings, sculpture, drawings, etchings and engravings.
(2)
The first purchase or sale in the country of any imported
secondhand article.
(3)
The acceptance or receipt of merchandise in a new
condition as a return, exchange or for credit or refund if such merchandise
was originally purchased as new merchandise from the person accepting
or receiving the same, nor to any resale of such merchandise as new
merchandise or the first subsequent nonretail or exchange of such
merchandise as used merchandise.
(4)
The acceptance or receipt of merchandise in a used
condition as a return, trade-in, exchange or for credit or refund
if such merchandise was originally purchased as new merchandise from
the person accepting or receiving the same, nor to the first subsequent
nonretail sale or exchange of such merchandise.
(5)
The first sale, at retail, of merchandise which has
been rebuilt by the manufacturer or vendor originally manufacturing
it, or the licensed agents thereof, and sold as factory rebuilt merchandise.
(6)
A thrift shop, as defined to be so classified under
the United States Internal Revenue Code, entitled to an exemption
as an eleemosynary corporation or institution.
(7)
"Antiques," which shall mean secondhand articles over
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.
C.
Proof. The burden of proof that an article was originally
purchased from the person accepting or receiving it, that it was the
first subsequent sale or exchange thereof to a person other than an
ultimate consumer or that it was a first sale at retail of such factory
rebuilt merchandise shall be upon the person asserting the same. Evidence
of an existing trade practice in the Village of Valley Stream, if
any, shall be admissible for the purpose of determining whether or
not merchandise is in new or used condition.
D.
Interpretation. In interpreting and applying the provisions
of this chapter, the rule of interpretation applicable to remedial
legislation shall be used so that the spirit and intent of this chapter
shall be observed. All provisions shall be:
E.
Severability. If any clause, sentence, section, paragraph
or provision of this chapter shall be adjudged by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, section, paragraph or provision
directly involved in the controversy in which such judgment shall
have been rendered.
F.
Disclaimer of liability. This chapter shall not create
any liability on the part of the Village of Valley Stream, its officers,
agents or employees, or 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.
Types of licenses.
(3)
A management license shall authorize the licensee
who is not a dealer in antiques or unique secondhand articles to operate
and manage an antique or unique secondhand articles exposition where
such antiques or unique secondhand articles are sold at any fair,
show or exhibit or any place where this merchandise is offered for
sale within the Village of Valley Stream during a period of one month
from the date of issuance of such license.
(4)
An exposition license shall authorize a dealer in
antiques or unique secondhand articles who maintains no place of business
within the Village of Valley Stream to exhibit and sell such articles
at any fair, show or exposition within the Village of Valley Stream
during a period of one month from the date of issuance of such license.
A.
Each dealer securing a general license shall furnish
a bond to the Village of Valley Stream with sufficient surety to be
approved by the Village Clerk in the penal sum of $2,000, conditioned
for the due observance of the law relating to such dealers.
B.
Each manager of an antique or unique articles exposition
shall furnish a bond to the Village of Valley Stream with sufficient
surety to be approved by the Village Clerk in the penal sum of $2,000,
conditioned for the due observance of the law relating to dealers
who are exhibitors at the exposition.
D.
All general licenses shall expire on the first day
of November next succeeding the date of issuance thereof, unless sooner
revoked or suspended. A new application for a license must be made
yearly if the licensee desires to continue such activity.
E.
All licenses shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity of business
for which it is issued.
F.
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.
G.
Any license may be revoked or suspended by the Village Board of the Village of Valley Stream after a hearing thereon pursuant to the provisions of § 69-18 herein, at which time the licensee shall have an opportunity to be heard.
H.
The granting, refusal, revocation or suspension of
any license by the Village Board shall be subject to review by certiorari
after the applicant or licensee has exhausted all administrative remedies.
Applicants for a license under this chapter
must file with the Village Clerk of the Village of Valley Stream 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 Village 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 the partnership was formed. A corporation
must furnish a photostatic copy of the filing receipt for the certificate
of incorporation from the New York State Secretary of State. A corporation
from outside New York State must furnish a photostatic copy of its
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 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. 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, the name, address
and title of the officer of 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 Village of Valley Stream and
the payment of the prescribed fees by 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 Village of Valley Stream.
C.
The Village Clerk 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, 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 has 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 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 knows to be or has reason to believe is a minor.
C.
With the exception of duly licensed dealers in antiques,
it shall be unlawful for any dealer in secondhand articles to purchase
any secondhand goods or articles from any person between the hours
of 10:00 p.m. and 7:00 a.m.
D.
It shall be unlawful for any dealer in secondhand articles to sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly licensed by the Village of Valley Stream, 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 for a period of time less than the expiration of said 15 days mentioned above, provided that the required record of purchases and sales are met pursuant to § 69-11 hereof.
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 49, Junk Dealers.
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 or secondhand or used materials of whatever composition, unless he is also licensed as a junk dealer therefor, as provided for in and pursuant to Chapter 49 of this Code, Junk Dealers.
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 a 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 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 shall be kept describing
the articles, including a detailed description of all jewelry and
costume jewelry.
D.
Such books shall be kept on the business premises
of the secondhand dealership or at the place designated on the duly
approved license, at all times during normal business hours. Such
books shall be open to the inspection of any police officer, to the
Commissioner of Police of Nassau County or to any inspector of licenses,
or to 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
of 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 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
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.
A.
Every violation of the provisions of § 69-3 hereof shall, upon conviction, constitute a violation punishable by a fine not exceeding $2,000 and/or 15 days in jail.
[Amended 9-17-2018 by L.L. No. 15-2018]
B.
A failure to comply with the other sections of this
chapter shall constitute a violation and shall be punishable by a
fine not exceeding $250 or by 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 in the amount of $1,000 for each day
that the offense shall continue, collectible by and in the name of
the Village of Valley Stream.
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 also may maintain an action or proceeding in the
name of the Village of Valley Stream 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 Village of Valley Stream
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 of 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 § 69-18 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 Mayor.
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
Mayor 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.
