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 incident of property thefts, the
widespread use of alcohol and drugs, the decline in the value of the
dollar, the increase in the price of gold and diamonds, the specter
of inflation where barter becomes more of a reality all point to the
imperative that the best interests of the people of the City of Glen
Cove would be served by the enactment of this article.
C.
This article 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 City of Glen Cove will be protected and promoted.
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the following meanings:
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.[1]
Nothing contained in this article 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
nonretail sale or exchange of such merchandise.
E.
The first sale, at retail, of merchandise which has
been rebuilt by the manufacturer or vendor originally manufacturing
it, or the licensed agents thereof, and sold as factory rebuilt merchandise.
F.
A thrift shop, as defined to be so classified under
the United States Internal Revenue Code, entitled to an exemption
as an eleemosynary corporation or institution.
G.
Antiques, which shall mean secondhand articles over
50 years of age, having a value of less than $250 and void of any
means of identification. Identification shall mean articles which
are serialized, monogrammed, initialed or distinctly marked.
The burden of proof that an article was originally
purchased from the person accepting or receiving it, that it was the
first subsequent sale or exchange thereof to a person other than an
ultimate consumer or that it was a first sale at retail of such factory
rebuilt merchandise shall be upon the person asserting the same. Evidence
of an existing trade practice in the City of Glen Cove, 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 article, the rule of interpretation applicable to remedial
legislation shall be used so that the spirit and intent of this article
shall be observed. All provisions shall be:
This article shall not create any liability
on the part of the City of Glen Cove, its officers, agents or employees,
the Glen Cove police force, its officers, agents or employees, for
any act or damage caused as a result from reliance on this article
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.
C.
A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles other than secondhand automobiles within the City of Glen Cove during the license period specified in § 205-20 of this article.
D.
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 City of Glen Cove during a period of one month
from the date of issuance of such license.
E.
An exposition license shall authorize a dealer in
antiques or unique secondhand articles who maintains no place of business
within the City of Glen Cove to exhibit and sell such articles at
any fair, show or exposition within the City of Glen Cove, 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 City of Glen Cove, with sufficient surety to be approved
by the City Attorney in the penal sum of $10,000, conditioned for
the due observance of this article relating to such dealers.
B.
Each manager of an antique or unique articles exposition
shall furnish a bond to the City of Glen Cove, with sufficient surety
to be approved by the City Attorney in the penal sum of $10,000, conditioned
for the due observance of the chapter relating to dealers who are
exhibitors at the exposition.
[Amended 1-27-1987; 12-27-1994[1]]
The license fee for licenses shall be as set
forth from time to time by the City Council.[2]
A.
All general licenses shall expire on the last day
of the year in which they are issued, unless sooner revoked or suspended.
Application for a general license must be made within 30 days of the
license expiration if the licensee desires to continue such an activity.
[Amended 1-27-1987]
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.
E.
The granting, refusal, revocation or suspension of
any license shall be subject to review by certiorari after applicant
or licensee has exhausted all administrative remedies.
Applicants for a license under this article
must file with the City Clerk an application, supplied by the City
Clerk, containing the following information.
A.
Name and description of the applicant. Individuals
operating under a trade name must present a certified copy of the
trade name certificate filed in the Nassau County Clerk's office.
A partnership conducting business, whether or not under a trade name,
must submit a certified copy of the partnership certificate filed
in the Nassau County Clerk's office when 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.
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. 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 or law, the nature of the
offense and the punishment or penalty assessed therefor, and such
other facts or evidence as is deemed necessary to establish that the
applicant is a person fit and capable of properly conducting the activity
or business for which the license is sought.
F.
A description of the exact type of business applicant
intends to conduct.
G.
The name and address of the owner or owners of the
land and the nature of the right of occupancy of the applicant to
the use of such land.
H.
Photographs and fingerprints.
(1)
Two photographs are required 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.
(2)
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 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 City 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 City Clerk and the payment of the prescribed fees
and bonds required of the applicant, the City Clerk shall prepare
and deliver to the applicant his or her license.
B.
Every license issued hereunder shall be signed at
the direction and in the name of the City Clerk and sealed with the
seal of the City of Glen Cove.
C.
The City 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 article 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 City Clerk, after City Council
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 article 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 article,
and the period of such suspension has not expired at the time of the
application for the license.
Every dealer in secondhand articles shall furnish
to the Chief of Police, or his or her agent, at such times, in such
manner and at such intervals as shall be specified by the Chief of
Police all information requested by the Chief of Police relative to
all records required to be kept under this article. Such information
shall be supplied on forms to be designated and supplied by the Chief
of Police. Duly licensed dealers in antiques shall furnish daily reports
of purchases of secondhand articles within 72 hours.
A.
It shall be unlawful for any dealer in secondhand
articles to engage in selling activities at any place other than the
place of business designated in such license.
B.
It shall be unlawful for any dealer in secondhand
articles to purchase any secondhand goods or things from any person
whom he or she knows to be less than 18 years of age.
[Amended 1-28-1986]
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 city, 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 said 15 days mentioned above, provided that the required record of purchases and sales are met pursuant to § 205-26 hereof.
E.
It shall be unlawful for any dealer in secondhand
articles to be licensed as a collateral loan broker or to engage in
the business of a collateral loan broker; nor shall any sign or emblem
be displayed by any such dealer in or about the premises where such
business is conducted which in any way resembles the sign or emblem
commonly used by collateral loan brokers, or which is intended to
give the appearance that the business conducted on such premises is,
or is connected with, the business of a collateral loan broker.
F.
It shall be unlawful for any person licensed as a secondhand dealer to deal in the purchase or sale of any junk, old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging, slush or empty bottles, or employ or use a boat, cart or other vehicle for the purpose of collecting any such things or materials, unless he or she is also licensed as a junk dealer therefor as provided for in and pursuant to Chapter 173, Junk and 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 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 Chief of Police,
or his or her agent. No disposition of such articles shall be effected
until authorization to do so shall be given to such dealer by the
Chief of Police, or his or her authorized agent. A dealer in secondhand
articles, when notified by the Chief of Police or his or her agent
that property in his or her possession is stolen or alleged to be
stolen, shall take immediate steps to secure that property, and it
shall be marked "Police Stop." Thereafter, such property shall not
be sold or removed from the premises until notification is made to
the dealer in writing by the Chief of Police, or his or her agent,
allowing such removal or sale.
B.
Every dealer in secondhand articles who shall have
or receive any articles alleged or supposed to have been lost or stolen
shall exhibit the same, on demand, to the Chief of Police or any authorized
inspector of licenses, to any police officer or to any person duly
authorized in writing by the Chief 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 Chief of Police, of consecutively
numbered transactions, in which shall be legibly written in English,
at the time of every purchase or sale to or from a person other than
a dealer in secondhand articles, a description of every secondhand
article so purchased or sold, the number or numbers and any monograms,
inscriptions or other marks of identification that may appear on such
article, a description of the articles or pieces comprising old gold,
silver, platinum, other metals or coins, stamps or currency, and any
monogram, inscription or marks of identification thereon, the name
and residence address of the person from whom such purchase was made
and the day and hour of the purchase.
B.
Every dealer in secondhand articles who receives secondhand
articles on consignment shall keep a record, in the above prescribed
book, describing the articles and the name and description of the
person or dealer such items are received from.
C.
As between dealers, all transactions shall be recorded,
in the above prescribed book, and legible records kept describing
the articles, including a detailed description of all jewelry and
costume jewelry.
D.
Such books shall be kept on the business premises
of the secondhand dealership or at the place designated on the duly
approved license at all times during normal business hours. Such books
shall be open to the inspection of any police officer, to the Chief
of Police or any inspector of licenses, or any person duly authorized
in writing for such purposes by the Chief of Police, who shall exhibit
such written authority to the dealer.
E.
Duly licensed dealers in antique articles shall keep
a record of bulk purchases in the bound book, noting the invoice number
on each bulk purchase. All identifiable secondhand articles which
are part of the bulk purchase shall be entered individually in the
ledger book and reported individually to the Chief of Police 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 said business for inspection
by the Chief of Police or any inspector of licenses, or any person
duly authorized in writing for such purposes by the Chief of Police
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 or she purchases
an article, and to make and keep a written record of the nature of
the evidence submitted by such person to prove his or her identity.
B.
Only the following shall be deemed acceptable evidence
of identity:
(1)
Any official document, except a social security account
number card, issued by the United States Government, any state, county,
municipality or subdivision thereof, any public agency or department
thereof, or any public or private employer, which requires and bears
signature of the person to whom issued.
C.
It shall be the duty of every dealer in secondhand
articles to require that every person from whom an article is purchased
sign his or her name in the presence of the secondhand dealer, and
to compare the signature with the signature on the identifying document,
if any, and retain on his or her premises the person's signature together
with the number and description of the identifying document, if any.
It shall be the duty of any police officer of
the City of Glen Cove 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 or her secondhand dealer's license and to
enforce the provisions of this article against any person found to
be violating the same.
The City Clerk shall record all convictions
for violations of this article which are officially brought to his
or her attention by any authorized agency or person.
