As used in this section, the following terms shall have the meanings
indicated:
ANTIQUE
Any article or merchandise which is more than 50 years old.
DEALER IN SECONDHAND MERCHANDISE
Any person who, in any way as principal broker or agent:
A.
Deals in the commercial purchase or sale of secondhand merchandise or
coins for any purpose;
B.
Accepts or receives secondhand merchandise as returns of merchandise
or in exchange for or for credit against the price of any other articles or
merchandise; or
C.
Deals in the commercial purchase or sale of pawnbroker tickets or other
evidence of pledged articles.
PERSON
An individual, partnership, unincorporated association, corporation
or other entity.
SECONDHAND MERCHANDISE
Any item which shall have been previously used or purchased by a
consumer but shall not include:
A.
Automobiles, pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculpture, drawings, etchings and engravings.
B.
The first purchase or sale in the United States of any imported used
item.
C.
The acceptance or receipt of merchandise in a new or used condition
as a return or exchange or for credit or refund if such merchandise was originally
purchased as new merchandise from the person accepting or receiving the same,
or any resale of such merchandise as new merchandise, or the first subsequent
non-retail sale or exchange of such merchandise as used merchandise.
D.
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.
E.
Articles sold or acquired by a thrift shop, as defined to be so classified
under the United States Internal Revenue Code and entitled to an exemption
as an eleemosynary corporation or institution.
F.
Antiques having a value of less than $250 and void of any serial numbers,
monograms, initials or distinct markings.
G.
Articles brought or sold by a junk dealer pursuant to Ordinance No.
36 of the Village of Great Neck Plaza.
It shall be unlawful for any person to act as a dealer in secondhand
merchandise within the incorporated areas of the Village of Great Neck Plaza
without first having obtained, and having then in force, a license therefor
as hereinafter provided.
Every person who desires to act as a dealer in secondhand merchandise
within the incorporated areas of the Village of Great Neck Plaza shall file
with the Town Clerk of the Town of North Hempstead (hereafter referred to
as "Town Clerk") a written application upon forms to be furnished by the village,
verified under oath, stating:
A. The name and a description of the applicant, and if the
person is:
(1) An individual operating under a trade name, he must present
a certified copy of the trade name or comparable certificate filed in the
office of the Nassau County Clerk.
(2) A partnership conducting business, whether or not under
a trade name, he must present a certified copy of the partnership certificate
filed in the office of the Nassau County Clerk.
(3) A domestic corporation, it must furnish a photostatic
copy of the filing receipt for the certificate of incorporation given by the
New York State Secretary of State.
(4) A foreign corporation, it must furnish a photostatic
copy of its application for authority to do business in New York State which
was submitted to the New York State Secretary of State.
B. The address of the principal and local offices of the
applicant.
C. That the applicant, if an individual, is at least 18
years of age.
D. That the applicant, if an individual, is a citizen of
the United States and whether citizenship was obtained by birth or naturalization.
If by naturalization, the date and court where obtained must be included in
the information, together with a copy of the naturalization certificate or
a permanent Board of Elections personal registration card.
E. Whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation other than parking offenses. The statement
should include:
(1) The nature of the offense and punishment or penalty assessed
thereof.
(2) Any other facts or evidence deemed necessary by the Village
Clerk 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 operation
which the applicant proposes to conduct.
G. The name and address of the owner or owners of the land
where such business or activity will be conducted, together with the nature
of the right of occupancy held by the applicant for the use of such land,
and that the applicable zoning of the land permits the type of business proposed
by the applicant.
H. Photographs and fingerprints.
(1) At the discretion of the Town Clerk:
(a) Two photographs and a set of fingerprints of any individual
applicant;
(b) Two photographs and a set of fingerprints of each partner
where the applicant is a partnership; or
(c) A set of fingerprints of all officers, and stockholders
of at least 10% of the stock, where the applicant is a corporation.
(2) Any photograph required of the applicant shall be taken
not more than 60 days prior to the date of the application and be two by two
(2 x 2) inches, showing the head and shoulders of the applicant in a clear
and distinguishing manner.
I. If the applicant is a corporation, it is to supply the
name, New York address and the title of the officer of the corporation upon
whom process or legal notice may be served.
J. Whether the applicant seeks a general, management or
exposition license as hereinafter defined.
The Town Clerk shall keep any fingerprints, submitted by the applicant pursuant to §
171-4 of this chapter, on file in his office and may make any necessary investigation of the applicant's criminal record by using such fingerprints or otherwise. The cost of such investigation shall be paid by the applicant with a check made payable to the New York State Division of Criminal Justice Services or as otherwise specified by the Town Clerk. Failure by the applicant to submit such a check when required to do so by the Town Clerk shall constitute grounds for the denial of the application.
The Town Clerk may, in his discretion, before the issuance of a license,
require the applicant and any others having knowledge of the facts to submit
to an examination under oath and to produce evidence relating thereto, or
hold a hearing upon such application as hereinafter provided.
A license granted pursuant to this chapter may not be transferred by
the licensee to any other person.
Any applicant who has been denied a license or who shall have been granted
a license with conditions under this chapter by the Town Clerk or whose license
has been suspended or revoked by the Town Clerk may apply to the Town Board
for a review of the action by the Town Clerk as hereinafter provided:
A. The application to review the Town Clerk's determination
shall be in writing, signed and verified by the applicant and shall state
his reasons for claiming that the Town Clerk's determination was erroneous.
B. The application for such review must be filed with the
Town Clerk by mail or in person within 20 days of the receipt by the applicant
of the determination by the Town Clerk.
C. Before any hearing shall be held by the Town Board, the
Town Clerk shall certify to the Town Board that the application for review
is complete and meets the requirements of this section. Once such certification
is made by the Town Clerk, the Town Board shall hold a hearing thereon as
hereinafter set forth.
A licensee shall place the license at all times in a conspicuous location
at the licensee's place of activity or business for which the license
was issued so that all persons visiting such place may readily see the same.
Every dealer in secondhand merchandise shall furnish to the appropriate
police agency at the end of each business day all information requested by
the police agency relative to all records required to be kept under this chapter.
Such information shall be furnished on forms to be designated and supplied
by the appropriate police agency.
Every dealer in secondhand merchandise who also sells new merchandise
within the licensed premises shall label all secondhand merchandise in such
manner that the public will be informed of the nature of such merchandise.
It shall be unlawful for any dealer in secondhand merchandise to:
A. Engage in selling activities at any place other than
the place of business designated in such license.
B. Purchase any secondhand merchandise from any person he
knows to be or has reason to believe is under the age of 18 years old.
C. Purchase any secondhand merchandise from any person between
the hours of 10:00 p.m. and 7:00 a.m.
D. Sell or dispose of any secondhand merchandise until the
expiration of 15 business days after the acquisition by such dealer of such
merchandise.
E. 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. Deal in the purchase or sale of any items enumerated
in § 31-2 of the Code of the Town of North Hempstead, 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 pursuance
to Chapter 31 of the Code of the Town of North Hempstead.
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 Great Neck Plaza, if any, shall be admissible for the purpose of determining
whether or not merchandise is in new or used condition.
This chapter shall not create any liability on the part of the Village
of Great Neck Plaza or the Town of North Hempstead, its officers, agents or
employees or the officers, agents and employees of the appropriate police
agency for any act or damage caused as a result of reliance on this chapter
or any administrative decision lawfully made thereunder.
It shall be the duty of any police officer of the appropriate police
agency to require any person seen dealing in secondhand merchandise, and who
is not known by such police officer to be duly licensed, to produce or display
his dealer's license and to enforce the provisions of this chapter against
any person found to be violating the same.