As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the following meanings:
DEALER IN SECONDHAND ARTICLES
Any person who in any way, as principal, broker or agent:
A.
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.
B.
Accepts or receives secondhand articles as returns
of merchandise or in exchange for or for credits on any other articles
or merchandise.
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:
A. Considered as minimum requirements.
B. Deemed neither to limit nor repeal any other powers
granted to the City of Glen Cove under New York State statutes.
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.
[Amended 1-27-1987; 12-27-1994]
The license fee for licenses shall be as set
forth from time to time by the City Council.
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.
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.
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.
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.