[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.]
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:
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.
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.
