[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 5-3-1983 by L.L. No. 1-1983. Amendments noted where
applicable.]
When 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;
Engages in melting previous metals for the purpose of sale.
The nearest police agency or any member or agent thereof
having jurisdiction over the area in which the place of business of
a dealer in secondhand articles is located.
Gold, silver, platinum, iridium, ruthenium, osmium or any
alloys of any one or more of said metals.
The Village Clerk of the Village of Stewart Manor.
Nothing contained in this chapter shall be construed to apply
to:
A.
Automobiles, automobile parts, 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 of furniture over
75 years of age;
H.
A charitable or religious organization, association or corporation
which has acquired secondhand articles through donation or collection
for the purpose of selling such articles or disposing of them by gift;
I.
A garage sale conducted by a person not normally engaged in the business
of conducting such sales.
J.
Such other business activities as the Board of Trustees of the Village
of Stewart Manor shall from time to time by resolution declare not
to require the regulation afforded by this chapter.
A.
It shall be unlawful for any person, association, partnership or corporation to act as a secondhand dealer, as defined in § 146-1 of this chapter, unless such secondhand dealer shall have complied with the provisions of this chapter and obtained the required license from the Village Clerk, for which license shall be paid to such Village Clerk for the use of such Village the sum as set forth in the current Village Fee Schedule (see Chapter 83, Fees), which license shall expire on June 30 of each year.[1]
B.
Every person, association, partnership or corporation licensed pursuant to this chapter shall, at the time of receiving such license, file with the Commissioner, pursuant to Subsection A, a bond to the Village, to be executed by the licensee and two responsible sureties, in the sum of $10,000. Such bond shall be approved by such Commissioner and shall be conditioned for the faithful performance of the licensee's duties and obligations pursuant to this chapter.
D.
A license under this chapter shall be denied to any person:
(1)
Who has been convicted, within five years prior to the application
for such license, excluding any period of incarceration served as
a sentence for such conviction, of any offense which, under the laws
of the State of New York, would constitute any degree of a crime involving
larceny or criminal possession of stolen property.
(2)
Who has been convicted of any other crime, except as otherwise provided
by Article 23-A of the Correction Law.
(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.
(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.
(5)
Who is less than 18 years of age.
E.
A license issued pursuant to this chapter may be revoked or suspended
after notice by the Village Clerk when he has probable cause to believe
that the licensee has committed any of the following:
F.
The holder of any license which has been suspended or revoked and
any applicant who shall have been denied a license under this chapter
shall have the right, unless waived by him, in writing, to notice
of such action and to a hearing to review such action. Such notice
and hearing shall be provided as follows:
(1)
Notice of the revocation, suspension or denial of a license shall
be given, in writing, setting forth specifically the grounds for such
action, the right of the licensee or the applicant to a review hearing
to be conducted by the Board of Trustees of the Village of Stewart
Manor and the date, place and time of such hearing. Such notice shall
be mailed, postage prepaid, by the Village Clerk to the licensee or
license applicant at his last known address, not later than 10 nor
more than 20 days prior to the date of the review hearing.
(2)
The Board of Trustees shall designate two or more of its members
to conduct said hearing as a review board. Such review board may administer
oaths, take testimony, subpoena witnesses and compel the production
of books, papers, records and documents pertinent to the hearing.
(3)
The license applicant or licensee involved shall be entitled to be
represented by legal counsel and to present such competent and material
testimony or any other evidence in his own behalf as may be relevant
to the subject matter of the hearing.
(4)
All witnesses shall be sworn and examined under oath. A stenographic
record of the hearing shall be taken and preserved.
(5)
The review board, after such hearing, may affirm the denial, revocation
or suspension of the license or it may order the Village Clerk to
vacate such action and either issue, renew or restore the license,
as is appropriate. The review board's decision shall be in a
writing, which shall state the grounds therefor. Such decision shall
be reviewable by a court of competent jurisdiction.
Every dealer in secondhand articles shall furnish to the police,
at such times, in such manner and at such intervals as shall be specified
by such police agency, all information requested by the police 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.
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 his 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 less than 18 years of age.
C.
It shall be unlawful for any dealer in secondhand articles to sell,
alter or dispose of any secondhand articles, except articles purchased
from another duly licensed secondhand dealer, until the expiration
of 15 business days after the acquisition by such dealer of such articles.
D.
No person licensed as a secondhand dealer may engage in the business
of a pawnbroker unless also licensed as a pawnbroker pursuant to Article
5 of the General Business Law. No person licensed as a pawnbroker
shall engage in the business of a secondhand dealer unless also licensed
as a secondhand dealer pursuant to this chapter. All persons licensed
as both secondhand dealers and pawnbrokers shall post a conspicuous
notice, to be clearly visible to all customers entering each place
of business of such licensees, stating that customers may freely choose
to either pawn or sell property to the licensee.
E.
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 Article
6 of the General Business Law.
A.
If any article shall be advertised in any newspaper generally circulated
in the county as having been lost or stolen and if any goods or article
answering such advertised description or any part thereof shall be
in or come into possession of any dealer in secondhand articles, upon
receiving actual notice of the similarity of description of such articles,
such dealer shall immediately give written notice thereof to the police.
Thereafter, until 15 days after such dealer shall have given such
notice, such dealer shall not sell such articles or remove them from
such dealer's place of business.
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 police or any authorized inspector of
licenses, to any police officer or to any person duly authorized,
in writing, by the 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 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 precious metals, coins, stamps
or currency, 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 received 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 and such business
premises or place designated on the duly approved license shall be
open to the inspection of the police or any inspector of licenses
during normal business hours.
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, and the number of the transaction, as required by § 146-7A.
A.
A failure to comply with §§ 146-3, 146-4, 146-5, 146-6, 146-7 and 146-8 of this chapter shall constitute a violation under the Penal Law of the State of New York and the violator shall be liable for a fine not to exceed $250 for each offense or by imprisonment not exceeding 15 days, or both. Any such violation of the provisions of this chapter shall constitute a separate and distinct offense for each day such violation shall continue.[1]
B.
In addition to the penalties provided above, any violation of 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 the Village Attorney in
the name of the people of the State of New York.
C.
In addition to the above-provided penalties and punishment, the Village
Attorney may also maintain an action or proceeding in the name of
the people of the State of New York 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.
