The Board of Trustees of the Incorporated Village of Roslyn finds
that the business of buying and selling secondhand merchandise is
rapidly expanding in the Village. In the past, these business operations
were conducted without any regulation by the Village. This situation
creates an ideal scenario for persons to dispose of stolen property
and thus is destructive of the property rights of the citizens of
the Village and it impedes the police agencies of the county in their
attempt to stem the tide of larcenies and burglaries. Therefore, the
Village Board of Trustees concludes that it is in the best interests
of the citizens of the Village to enact a law regulating the operations
of dealers of secondhand merchandise who conduct their business in
the Incorporated Village of Roslyn.
It is hereafter the policy of the Incorporated Village of Roslyn
that dealers in secondhand merchandise who conduct their business
in the Village be subject to regulation and licensing by the Village
and that they keep records of all their transactions so as to ensure
that their businesses are not used to dispose of stolen property.
Any item which shall have been previously used or purchased
by a consumer, including old gold or other precious metals, coins,
stamps or currency, firearms, cameras, business machines, musical
instruments, outboard motors or electronic equipment, but shall not
include:
The acceptance or receipt of merchandise in a new or used 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, or any resale of such merchandise as new merchandise
or the first subsequent nonretail sale or exchange of such merchandise
as used merchandise;
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;
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; or
License required. It shall be unlawful for any person to act as a
dealer in secondhand merchandise within the Incorporated Village of
Roslyn without first having obtained, and having in force, a license
therefor as hereinafter provided.
Individuals operating under an assumed trade name must attach
a certified copy of the assumed name certificate filed in the Nassau
County Clerk's office.
A partnership conducting a business, whether or not under an
assumed name, must attach a certified copy of the partnership certificate
filed in the Nassau County Clerk's office.[1]
A corporation incorporated in the New York must attach a true
copy of the filing receipt for the certificate of incorporation from
the New York Secretary of State.
A corporation incorporated outside New York State must furnish
a true copy of its certificate of authority to do business in New
York State from the New York Secretary of State.
A statement as to whether the applicant is a United States citizen,
and, if citizenship was obtained by naturalization, the applicant
must attach a true copy of the naturalization certificate or, if not
a United States citizen, attach a true copy of his or her visa.
A statement as to whether or not the applicant or any partner or
corporate officer has ever been convicted of any crime, misdemeanor
or violation of any municipal law, the nature of the offense and the
punishment or penalty assessed therefor and such other facts or evidence
as the Village Clerk/Treasurer shall deem 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.
Two photographs of the applicant, taken not more than 60 days prior
to the filing of the application, which photographs shall be two 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, and two photographs and fingerprints are
required of each corporate officer and of any stockholder of 10% or
more of the corporate stock. 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/Treasurer
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.
If the 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.
A surety bond to the Village written by a surety licensed to
do business in New York State in a form approved by the Village Clerk/Treasurer
in the penal sum of $2,000, conditioned on the due observance of all
laws relating to secondhand dealers.
A general license shall authorize the licensee to act as a dealer
with respect to all secondhand merchandise within the Incorporated
Village of Roslyn during the license term specified in this section.
A management license shall authorize a licensee who is not a regular
dealer in antiques to operate and manage an antiques exposition where
such antiques are sold at any fair, show, exhibition or any place
within the Incorporated Village of Roslyn during the license term
specified by this section.
An exposition license shall authorize a dealer in antiques who maintains
no place of business within the Incorporated Village of Roslyn to
exhibit and sell such articles at any fair, show or exposition within
the Incorporated Village of Roslyn during the license term specified
by this section.
Every general license issued hereunder shall expire on December 31
next succeeding the date of its issuance, unless sooner revoked by
the Village Clerk/Treasurer as hereinafter provided.
Every management or exposition license issued hereunder shall expire
30 days after its issuance, unless sooner revoked by the Village Clerk/Treasurer
as hereinafter provided.
Upon receipt of a properly completed license application and bond
by the Village Clerk/Treasurer and the payment of the prescribed fees
required of the applicant, the Village Clerk/Treasurer shall prepare
and deliver a license to the applicant.
If a license is granted by the Village Clerk/Treasurer, he or she shall prepare and deliver the license to the licensee. Such license shall state the name and address of the licensee, the date of its issuance, the classification of license issued pursuant to Subsection C and the expiration date of the license.
Who has been found by any court of competent jurisdiction to
have practiced any fraud, deceit or misrepresentation in the conduct
of the secondhand dealer business;
Additional information. The Village Clerk/Treasurer may, in his or her discretion, before the issuance of a license under Subsection E, 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.
Furnish a bond to the Incorporated Village of Roslyn in the
penal sum of $2,000 per business location, conditioned upon the due
observance of the provisions of this section, and file such bond with
the Village Clerk/Treasurer.
Furnish a bond to the Incorporated Village of Roslyn in the
penal sum of $10,000, conditioned upon the due observance of the provisions
of this section by the licensee and any exhibitors at the exposition
which the licensee is managing, and file such bond with the Village
Clerk/Treasurer.
Any general license issued by the Village Clerk/Treasurer may be
renewed annually for additional periods of one year each from the
date of expiration upon the filing, at least 30 days prior to the
expiration date of the current license, of an application containing
all of the information required by the provisions of this section
for original applications and the payment of the annual license fee.
A management or exposition license may be renewed for no more than
two additional thirty-day periods upon the filing of an application
containing all the information required by this section for original
applications and the payment of the applicable license fee.
A license issued under the provisions of this article may be suspended
or revoked by the Village Clerk/Treasurer or Mayor, after notice,
for any of the following causes:
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.
Notice of revocation or suspension of a license shall be given in
writing, setting forth the grounds therefor. Such notice shall be
mailed, postage prepaid, to the licensee at his last known address.
Application for review. Any applicant who has been denied a license
or who has been granted a license with conditions under this article
by the Village Clerk/Treasurer or whose license has been suspended
or revoked by the Village Clerk/Treasurer may apply to the Village
Board of Trustees for a review of the action by the Village Clerk/Treasurer
as hereinafter provided.
The application to review the Village Clerk/Treasurer's determination
shall be in writing, signed and verified by the applicant, and shall
state his or her reasons for claiming that the Village Clerk/Treasurer's
determination was erroneous.
The application for such review must be filed with the Village Clerk/Treasurer
by mail or in person within 20 days of the receipt by the applicant
of the determination appealed from.
Upon the filing by the applicant of such application for review,
the Village Board of Trustees or designated hearing officers shall
hold a hearing thereon within 30 days from the filing of the application
referred to above, pursuant to the provisions hereinafter set forth.
Whenever it shall be provided herein that a hearing may be held by the Village Board of Trustees, such hearing shall be held on a date and at a place and hour designated by the Village Board, but in no event shall this date exceed 30 days from the date of the filing of the application referred to in Subsection A.
The Village Clerk/Treasurer shall give notice thereof, stating the
name and address of the applicant or licensee concerned, the subject
matter of the hearing, and the date, place and hour designated therefor,
by mailing a copy thereof to the applicant or licensee concerned at
the address shown upon the most recent application of such applicant
or licensee at least 10 days before such hearing.
At such hearing, the Village Board shall consider the application
before it in relation to the Village Clerk/Treasurer's determination,
and, in its discretion, the Village Board may receive new or additional
evidence in support of or in opposition to the determination under
review.
The applicant or licensee involved shall be entitled to be represented
by legal counsel and to present such competent and material testimony
or other evidence on his or her own behalf as may be relevant to the
subject matter of the hearing.
The applicant, after exhausting his or her administrative remedies,
as stated above, may seek review of the Board of Trustees' decision
pursuant to Article 78 of the Civil Practice Law and Rules.
Display of license. 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.
Every dealer in secondhand merchandise shall keep a bound book of
consecutively numbered transactions, in a form prescribed by the Nassau
County Police Department, in which shall be legibly written, in English,
at the time of every purchase or sale to or from a person other than
another licensed dealer in secondhand merchandise, the following:
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, residence address and signature of the person from
whom such purchase was made or to whom the merchandise was sold, the
day and hour of the purchase or sale and the nature of the identifying
document exhibited.
Every dealer in secondhand merchandise who receives secondhand merchandise
on consignment shall keep a record, in the above-prescribed book,
describing the merchandise and the name and description of the person
or dealer who consigned such merchandise.
The books shall be kept on the business premises of the licensee
or at the place designated on the license at all times during normal
business hours. Such books shall be open to inspection by:
The chief administrative officer of the Nassau County Police
Department or a person duly authorized in writing by such appropriate
police agency to inspect such books; or
Every dealer in secondhand merchandise who purchases antiques in
bulk shall keep a record of such purchases in the bound book, and
all identifiable antiques which are part of the bulk purchase shall
be entered individually in the ledger book and reported individually
to the appropriate police agency within 72 hours after such bulk purchase.
Every licensed dealer of secondhand merchandise shall permit representatives
of the Nassau County Police Department or the enforcement officer
to inspect all rooms and merchandise on the premises designated on
the license of the dealer during regular business hours when such
inspection is requested by a representative of the Police Department
or enforcement officer.
Reports to Nassau County Police Department. Every dealer in secondhand
articles, upon being served with a written notice by a member of the
Nassau County Police Department, shall report to the Police Department
a summary of the records required to be kept under this article with
regard to all goods, articles or things purchased, received or sold
in the course of business of the secondhand dealer during the days
specified in such notice.
If any articles, goods or things shall be advertised in any
newspaper as having been lost or stolen, and if any articles, goods
or things 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 notice, written or verbal, of the
similarity of description of such articles, goods or things, such
secondhand dealer shall immediately give information relating thereto
to the Nassau County Police Department or its authorized agent.
No disposition of such articles, goods or things shall be effected
until written authorization to do so shall be given to such secondhand
dealer by the Nassau County Police Department or its authorized agent.
A dealer in secondhand articles, when notified by the Nassau
County Police Department or its authorized agent that property in
the possession of the secondhand dealer 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 secondhand dealer, in writing, by the Nassau County Police Department
or its authorized agent allowing such removal or sale.
Every dealer in secondhand articles who shall have or receive any
article alleged or supposed to have been lost or stolen shall exhibit
the same, on demand, to the Nassau County Police Department, to any
police officer or to any person duly authorized in writing by the
Nassau County Police Department to examine such articles.
It shall be the duty of every dealer in secondhand merchandise to
verify the identity of every person from whom he or she purchases
secondhand merchandise and to make and keep a written record of the
nature of the evidence submitted by such person to prove his or her
identity.
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 the signature
of the person to whom it is issued; or
Other identification documentation which, under the circumstances of any particular purchase, would lead a reasonable person to believe that such identification is accurate and reliable, when identification under Subsection E(2)(a) hereof is not available.
It shall be the duty of every dealer in secondhand merchandise to
require that every person from whom secondhand merchandise is purchased
sign his or her name in the presence of the dealer, and the dealer
shall compare the signature with the signature on the identifying
document, if any, and retain on his or her premises the seller's signature
together with the number and description of the identifying document.
Signs and labels. 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 secondhand nature of such merchandise.
Disclaimer of liability. This article shall not create any liability
on the part of the Incorporated Village of Roslyn, its officers, agents
or employees, or the officers, agents and employees of the Nassau
County Police Department, for any act or damage caused as a result
of reliance on this article or any administrative decision lawfully
made thereunder.
No dealer in secondhand articles shall purchase or receive any secondhand
goods, articles or things whatsoever between the hours of 9:00 p.m.
and 7:00 a.m.
No articles, goods or things purchased or received by a secondhand
dealer shall be sold or disposed of by the secondhand dealer until
the expiration of 15 days after purchase or redemption thereof.
No dealer in secondhand articles, while licensed as such, shall be
licensed as a pawnbroker or junk dealer; nor shall any sign or other
device or subterfuge be displayed, used or employed by any dealer
in secondhand articles, in or about the premises where such business
is conducted, which in any way resembles the emblem or sign commonly
used by pawnbrokers or which is intended to give appearance that the
business conducted on such premises is, or is connected with, the
business of a pawnbroker and calculated to so mislead; nor shall there
be any sign displayed which is calculated to deceive.
Duty of police officer to enforce. It shall be the duty of any police
officer of the Nassau County Police Department 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 or her
dealer's license and to enforce the provisions of this article against
any person found to be violating the same.
The violation of any provision of this article shall be punishable as set forth in § 1-8 of this Code.