Village of Clyde, NY
Wayne County
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[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 4-10-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 93.
Peddling and soliciting — See Ch. 125.
A. 
No person, firm, corporation, partnership, association, trust, or any type of business enterprise shall carry on the business of secondhand dealer without obtaining a license from the Village Clerk.
B. 
The business of secondhand dealer shall mean a business which engages in the purchase of any secondhand gold, silver, platinum, diamonds or other precious gems or any items containing gold, silver, platinum, diamonds or other precious gems; bicycles; radios; televisions; stereo equipment; jewelry; watches; cameras and accessories; furniture; appliances; typewriters; calculators and office equipment, such as computers; stamps; coins; automotive parts or equipment; motor vehicles; sporting equipment; tools (mechanical and electrical); clothing; electronic games and game cartridges and discs; compact discs and players; DVDs and players. A "purchase" of a secondhand item, as used in this chapter, shall be construed to include an exchange or trade for a secondhand item.
A. 
An application for a secondhand dealer license shall be made to the Village of Clyde Village Clerk's office, on forms prescribed by the Village Board.
B. 
Upon receipt of an application for a secondhand dealer license, the Chief of Police, in conjunction with the Code Enforcement Officer, shall cause an inspection to be made of the applicant's business premises to determine whether public safety problems exist, and the Chief of Police shall cause an investigation to be made of the background of the owner and operator of the business. Before the issuance of a license, the Chief of Police and his or her representative(s) and the Code Enforcement Officer shall have the right to enter upon such premises during normal business hours for the purpose of making inspections. Further inspections of the premises may be made after a license has been issued to ensure compliance with the laws, ordinances, and rules and regulations relating to secondhand businesses.
C. 
The owner, operator and employees of any secondhand business shall be of good moral character and shall maintain good order on the business premises at all times.
D. 
The Village of Clyde Board of Trustees may promulgate rules and regulations to govern the operation of secondhand businesses so as to provide for the orderly operation of the businesses and to ensure the public safety and the peace and tranquility of the neighborhoods where the businesses are located.
E. 
It shall be the duty of all holders of a secondhand dealer license to notify the Village Clerk of any changes in information supplied on their license applications within 15 days of such changes.
Secondhand dealer licenses shall expire on December 31 of each year.
The annual fee for a secondhand dealer license shall be $50.
A. 
Every secondhand dealer shall keep a record book in which shall be written, at the time of the purchase of any item, a description thereof, the name, age, personal description, and signature of the person from whom the purchase was made and the date and time when the purchase was made. All such record books shall be open to inspection by any member of the Police Department of the Village of Clyde, or any other law enforcement agency. The record books shall be securely bound, not less than six inches in either length or width, legibly written in the English language and shall show the amount paid for each item and the number attached to each item. No entry in such book shall be erased, obliterated, altered or defaced.
B. 
Every secondhand dealer shall, at the time of making any purchase, attach a tag to or otherwise legibly number each item bought and make entry of such number in the record book required by § 137-5A.
C. 
Every secondhand dealer shall make out every business day, on blank forms to be furnished by the Chief of Police, a record containing the details of all purchases of secondhand items during the preceding day. The dealer shall deliver such record to the Chief of Police or his or her representative, by mail or in person, on the same day in which the record is completed. The details to be reported on each purchase shall be prescribed by regulations promulgated by the Chief of Police, with approval of the Village Board.
D. 
If several items are purchased from the same person in a single transaction, they may be reported and tagged as a group, provided that each item is accurately described. Items may be described in commonly accepted terms of the trade.
E. 
No secondhand dealer shall permit any item which has been purchased or received by him or her to be sold, defaced or broken down until five days have elapsed after the giving of the notice of such article as required in § 137-5C. Items purchased or received from another secondhand dealer licensed under this chapter shall be exempt from this provision, provided that such items had been held for the required time period by the secondhand dealer disposing of the items.
F. 
The following activities shall be exempt from the requirements of this section:
(1) 
The acceptance of items as a trade in full or partial payment for items of the same type or kind shall meet the documentation requirements of section § 137-5A.
(2) 
The purchase of items from a single individual for an aggregate price of less than $5.
(3) 
The purchase of motor vehicles.
A. 
No secondhand dealer shall receive or purchase any item unless the person selling the item identifies himself or herself by means of a photo driver's license or police identification card or other means of identification approved by the Chief of Police.
B. 
No secondhand dealer shall receive or purchase any item from a person who is under 18 years of age, unless such person is accompanied by a parent or guardian.
C. 
No secondhand dealer shall have his or her place of business open for the transaction of business, nor shall he or she purchase any secondhand items from persons other than secondhand dealers, except between the hours of 8:00 a.m. and 11:00 p.m.
D. 
Every secondhand dealer shall post his or her secondhand dealer license in a conspicuous location in his or her place of business.
E. 
No secondhand dealer shall conduct his or her business at any place other than the premises indicated on his or her application for a secondhand dealer license.
F. 
All secondhand dealers shall operate their businesses in compliance with the requirements of Chapter 190, Zoning, of the Code of the Village of Clyde.
A. 
Garage sales, basement sales, porch sales, yard sales and other such events at which a person desires to sell or trade his or her personal used items, household goods, furniture or equipment, upon his or her premises, said premises not being a regular place of business for purchase or sale of secondhand items, shall be exempted from the license requirement of this chapter.
B. 
Sales conducted for charitable purposes shall be exempted from the license requirement of this chapter. The determination of whether a sale is being conducted for a charitable purpose shall be made by the Chief of Police.
C. 
This chapter shall not apply to the return of secondhand items for credit, exchange or refund to the person from whom said items were originally obtained, provided that the items were not secondhand items when originally obtained.
Payment for all items purchased by a secondhand dealer shall be made by means of a check drawn on the secondhand dealer's account and made out in the name of the person selling the item. The secondhand dealer shall record on the face of the check the number affixed to the item purchased pursuant to § 137-5B. This section shall not apply to items purchased from a single individual for an aggregate price of less than $5.
A. 
The Village of Clyde Board of Trustees may deny a license or deny the renewal of a license to any applicant who is not of good moral character, who is not a fit and proper person to hold a license issued under this chapter or who makes a material misrepresentation on the license application. The Board of Trustees shall give the applicant written notification of the reasons for the denial of a license.
B. 
The Chief of Police shall have the power to investigate and inquire into license applicants under this chapter and to require and enforce by subpoena the attendance of witnesses at such investigations.
The Town Justice shall hear and determine charges involving violations of this chapter. Any person who violates this chapter shall be subject to the penalties set forth in the Village of Clyde Municipal Code.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. II, General Penalty.