A.
Any dealer in secondhand articles, whether or not particularly classified
in the foregoing section and not specifically excluded from the operation
of this chapter, and every junk dealer and every automobile junk dealer
or automobile wrecking operator who shall conduct or have in the Village
of Sloan a place for the transaction of such business shall be required
to obtain a license each calendar year, as hereinafter provided, and
to pay therefor an annual fee of $100.
B.
Every person engaged in the automobile junk or automobile wrecking
business, as defined by this chapter, including any person who carries
on any of the activities defined by or referred to in § 280-4
of this chapter, whether or not in connection with or incidental to
any other business activity, shall obtain annually a license for his
operation of such business and shall pay an annual fee of $100.
C.
Every dealer in secondhand containers shall be required to obtain
annually a license for the privilege of conducting such business and
shall pay therefor an annual fee of $100.
D.
A dealer in secondhand furniture shall be required to obtain a license
annually for conducting such business and shall pay an annual fee
of $100.
Wherever the same premises are used by one person, corporation,
association or partnership for more than one operation requiring a
license under this chapter, the total fee charged for such licenses
shall not exceed $100.
Application for a license for any of the above purposes shall
be in writing, duly signed and verified by each person in whose name
a license is sought and by each person having a financial interest
in the business (in the case of copartnership by each partner and
in the case of a corporation by a duly authorized officer whose authority
is properly shown). Such application shall set forth the following
information:
A.
Such application shall be accompanied by a proper and accurate map
showing accurately and to scale the lines and measurements of the
property to be used and for which a license is requested for locating
all buildings thereon, which map shall show all public highways, streets,
roads or other public places abutting the property and, in the case
of auto wrecking and junkyards, shall show to scale the area to be
used for burning.
B.
The application, except in case of a corporation, shall set forth
the proposed business name, if any, and be accompanied by a certificate
of an assumed business name or partnership certificate under the Penal
Law and the name of each person interested in the operation of the
business as owner or proprietor, partner, joint adventurer or who
has a financial interest other than that of general creditor.
C.
In the event that any corporation asking for a license shall be a
foreign corporation, it shall set forth the state where incorporated
and its principal office and principal place of business in the State
of New York.
D.
A statement of the age of the applicant or applicants, of individual
operators and of members of a copartnership, and a statement that
he has not been convicted of any crime within the five years last
past and, if he has been so convicted, a statement of each conviction,
the time, court and charge and also, if the applicant is on parole,
a statement of the terms thereof.
E.
The petition shall state and set forth in detail the details of all
operations conducted by the applicant at the premises for which he
has asked for a license. This shall include not only the operations
for which a license or licenses are sought but also business other
than the operation for which he is to be licensed. The application
shall also set forth any similar business operations wherever situated
or operated.
No license shall be issued to any person under the age of 18
years.
The Board of Trustees may require in any event and shall require
in the case of a nonresident of the Village of Sloan, a good and sufficient
bond with two approved sureties or with a corporate surety authorized
to do business within the State of New York, conditioned upon full
compliance with the provisions of this chapter and with all requirements
of the state and local departments of health, if any, and all state
and federal labor statutes, rules and regulations.
The applicant shall also consent that the license may be suspended
or revoked for the violation of any health and labor statute, rule
or regulation or for violation of this chapter, after a hearing before
the Board of Trustees, and that a certificate of conviction of any
violation thereof shall be conclusive evidence as to the fact of the
violation and also that the securing of a judgment in a civil action
for a penalty of compromise of such action shall be conclusive evidence
of the violation.
No license shall be issued to any person who has been convicted
within five years of the crime of larceny, possession of stolen property,
unlawful purchase of junk or any other crime connected with sales
or possession of property.
The application shall be accompanied by the certificate of a
licensed insurance company showing that the premises is insured against
claims for public liability with the minimum coverage of $20,000/$40,000
personal injuries and $10,000 property damages and also of the coverage
of the applicant's operations by workers' compensation insurance
where required by law.
All licenses are issued for the calendar year or the remainder
of the calendar year in which they are issued, and there shall be
no reduction of the fee regardless of the month in which they are
issued.
With every application for a license, the applicant shall present
evidence that he is the owner of the premises upon which he proposes
to operate, or he shall present a duplicate original of a valid lease
of the premises to be used by him and the consent of the lessor or
lessors that the premises described in the application shall be used
for the purposes for which the license is applied for. The transfer
of title from an owner or the termination of the lease or eviction
from the premises, for any reason, shall terminate the license.
The Village Clerk, when issuing any license, shall enter thereon
a list and copy of all endorsements made as hereinafter provided upon
the license of which it is a renewal and, before delivering the license,
shall receive the license of which it is a renewal.
Nothing herein contained shall be considered or construed as
authorizing any act, operation or business operation which is prohibited
by § 136 of the General Municipal Law, but a license may
be granted by the Board of Trustees to a person owning or operating
any such business at the time of adoption of this chapter and at its
effective date as herein provided, but such license shall not be issued
unless application shall be made within 30 days after the effective
date of this chapter, and, although issued and delivered, such license
shall not be valid until or unless full compliance with the provisions
of this chapter and § 136 of the General Municipal Law exists
as to all provisions as to condition of structures and arrangement
of stock and the supplying of necessary equipment and structures upon
the lands covered by such license. Such license, if valid or validated
by the provision of all things necessary for such compliance, shall
be valid for a period of six months.
Any license suspended shall be deposited with the Village Clerk
during the period of suspension. The Village Clerk shall, upon the
surrender thereof to him, endorse thereon the date of suspension and
the term thereof and, when and if returned after suspension, shall
show the date it becomes effective or operative thereafter. Any license
revoked shall be surrendered to the Village Clerk. Neglect or refusal
to so deposit and surrender shall be deemed a violation of this chapter.
In the event that such deposit or surrender is not made within 20
days after notice of suspension or revocation, the Village Clerk shall
make a complaint before a Cheektowaga Town Justice against the licensee
for the violation.
Licenses shall be issued by the Village Clerk after examination
of the application and exhibits by the Board of Trustees and after
a public hearing and after notice given as required under Subdivision
5, § 136, of the General Municipal Law, and subsequent approval
of the Board of Trustees, except that for established businesses in
operation at least one year before the effective date of this chapter
and for which application for license under § 136 of the
General Municipal Law was made at least one year before the effective
date of this chapter, no hearing shall be held. The Board of Trustees
may require the applicants (officers of applicant if a corporation)
to appear before the Board for examination. In such case, a notice
may be given by mail to the applicant, addressed to the address given
in the applicant's petition, not less than 10 days in advance
of the date set for appearance.
Petitions for renewals of licenses shall be filed on or before
December 1 prior to the date of expiration, or such renewals will
not be granted prior to February 1 after expirations. All applications
for renewals not filed with the Village Clerk prior to December 31
(the date of expiration) shall be considered as new applications.
The Board of Trustees may waive the filing of new maps with applications
for renewal if an affidavit is filed setting forth that no changes
have been made. A license issued to an existing dealer, yard or operator
can be renewed only if and when full compliance has been made with
§ 136 of the General Municipal Law and the requirements
of this chapter.
Every application for license as either a junk dealer or operator
of an automobile junkyard or automobile wrecking yard or business
shall show upon the required plan the location of the area where the
applicant will, by burning or other treatment, clear the metal of
other materials. Such area shall be at least 100 feet distant from
any storage place or building, adjoining property line or public highway,
and all burning or other treatment by the applicant shall be performed
in such area and at no other place in the Village of Sloan. No burning
shall be carried on for which any necessary permits are required by
any state, federal or local statutes, laws, ordinances or regulations
until such license, permit or other authority shall have been obtained.
