[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 6-8-1981 by L.L. No. 2-1981 (Ch. 35 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 402.
A. 
Statutory authorization. Pursuant to the provisions of the New York State Constitution, the Municipal Home Rule Law, the General Municipal Law and the Village Law, all as amended, the Board of Trustees of the Incorporated Village of Farmingdale is empowered to enact local laws and ordinances licensing and regulating occupations and the conduct of business to protect and promote the health, safety, morals or the general welfare of the community. Therefore, the Board of Trustees of the Incorporated Village of Farmingdale enacts Chapter 448 into the Code of the Incorporated Village of Farmingdale, entitled "Control and Regulation of Secondhand Dealers."
B. 
Findings of fact. There is no control in the Incorporated Village of Farmingdale governing the activities of those persons engaged in the business of buying and selling secondhand merchandise. There exists an opportunity for those persons involved in crime to readily dispose of stolen property. The passage of this chapter would require identification of those attempting to dispose of personal property and reports by dealers of certain after acquired property to police agencies. It is anticipated that as a result of said report, there would be a marked increase in the number of restitutions for the reason that merchants would be committed to keeping accurate records of the property so purchased and disposed of by forwarding the proper police reports. For small or large businesses to be allowed to continue to operate without laws to control and regulate the purchase of secondhand articles not only jeopardizes the property rights of many people but extremely hampers the police agencies in their efforts to recover stolen property and identify suspects.
C. 
Legislative intent. The security involved in the handling of secondhand property has become a matter of concern to the police agencies charged with the duty and responsibility therein. This chapter will ensure a dramatic rise in the percentage of the stolen property recovered, an increase in the probability that the general public will receive a fairer deal in their business transactions and will better the means to allow the police agencies to obtain more information necessary to apprehend perpetrators of crimes associated with the theft of property. Thereby, the public health, morals and general welfare of the Incorporated Village of Farmingdale will be protected and promoted.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
DEALER IN SECONDHAND ARTICLES
Any person who in any way, as principal, broker or agent:
(1) 
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.
(2) 
Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise.
(3) 
Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.
B. 
Exceptions. Nothing contained in this chapter shall be construed to apply to:
(1) 
Automobiles, pianos, books, magazines, rugs, tapestries, artists' burlaps, paintings, sculptures, drawings, etchings and engravings.
(2) 
The first purchase or sale in the country of any imported secondhand article.
(3) 
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 sale or exchange of such merchandise as used merchandise.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
Antiques, which shall mean secondhand articles over 50 years of age, having a value of less than $250 and void of any means of identification. "Identification" shall mean articles which are serialized, monogrammed, initialed or distinctly marked.
C. 
Proof. The burden of proof that an article was originally purchased from the person accepting or receiving it, that it was the first subsequent sale or exchange thereof to a person other than an ultimate consumer, or that it was a first sale at retail of such factory rebuilt merchandise, shall be upon the person asserting the same. Evidence of an existing trade practice in the Incorporated Village of Farmingdale, if any, shall be admissible for the purpose of determining whether or not merchandise is in new or used condition.
D. 
Interpretation. In interpreting and applying the provisions of this chapter, the rule of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this chapter shall be observed. All provisions shall be:
(1) 
Considered as minimum requirements.
(2) 
Deemed neither to limit nor repeal any other powers granted to the Incorporated Village of Farmingdale under New York State statutes.
E. 
Severability. If any clause, sentence, section, paragraph or provisions of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall have been rendered.
F. 
Disclaimer of liability. This chapter shall not create any liability on the part of the Incorporated Village of Farmingdale, its officers, agents or employees, the Nassau County Police Department, its officers, agents or employees, for any act or damage caused as a result from reliance on this chapter or any administrative decision lawfully made hereunder.
A. 
It shall be unlawful for any person or persons, firm or corporation to act as a dealer in secondhand articles without a permit therefor.
B. 
The annual permit fee shall be in an amount as established from time to time by resolution of the Board of Trustees[1] and shall expire May 31 next succeeding the date of issuance thereof, unless sooner revoked or suspended. No permit fee shall be prorated. A new application for a permit must be made yearly if the permittee desires to continue such activity.[2]
[1]
Editor's Note: See Ch. 290, Fees.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
All permits shall be placed and at all times displayed in a conspicuous place at the permittee's place of activity of business for which it is issued.
D. 
All permits are personal with the permittees and shall not be capable of being sold, transferred, assigned or otherwise disposed of.
A. 
Applicants for a permit under this chapter must file with the Village Clerk-Treasurer of the Incorporated Village of Farmingdale an application, supplied by the Village Clerk-Treasurer, containing the following information:
(1) 
The name and description of the applicant. Individuals operating under a trade name must present a certified copy of the trade name certificate filed in the Nassau County Clerk's office. A partnership conducting business, whether or not under a trade name, must submit a certified copy of the partnership certificate filed in the Nassau County Clerk's office when the partnership was formed. A corporation must furnish a photostatic copy of the filing receipt for the certificate of incorporation from the New York State Secretary of State. A corporation from outside New York State must furnish a photostatic copy of its application for authority to do business in New York State from the New York State Secretary of State.
(2) 
The address of the applicant (local and legal).
(3) 
That the applicant is of legal age.
(4) 
That the applicant is a citizen of the United States and whether citizenship was obtained by birth or naturalization. If by naturalization, the date and place where obtained. The naturalization certificate or permanent Board of Elections personal registration card may be used as proof of citizenship.
(5) 
A statement as to whether or not the applicant has ever been convicted of or is now under charge of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor, and such other facts or evidence as is deemed necessary to establish that the applicant is a person fit and capable of properly conducting the activity or business for which the permit is sought.
(6) 
A description of the exact type of business that the applicant intends to conduct.
(7) 
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to use such land.
(8) 
Two photographs of the applicant, taken not more than 60 days prior to the filing of the application, which photographs shall be two inches 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 of each partner; no photographs are required of corporate applicants, but all officers must be fingerprinted, as well as any stockholder of 10% or more of the stock.
(9) 
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.
B. 
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.
Upon the receipt of the permit application by the payment of the required fee to the Village Clerk-Treasurer, and, upon the approval of the application by the Board of Trustees, the Village Clerk-Treasurer shall prepare and deliver the permit to the applicant. Each permit shall be signed by the Village Clerk-Treasurer at the direction of the Board of Trustees and sealed with the Village Seal. However, no permit shall be granted under this chapter to any dealer in secondhand articles:
A. 
Who has been convicted of any offense which, under the laws of the State of New York, constitutes a crime involving moral turpitude.
B. 
Who has been found by any court of the state to have practiced any fraud, deceit or misrepresentation in the conduct of the secondhand dealer business unless the Board of Trustees shall decide in any particular case upon the facts there presented that it is proper to issue the permit applied for.
C. 
Whose permit under this chapter has been revoked at any time during the year prior to the time of the application for permit.
D. 
Whose permit has been suspended under this chapter, and the period of such suspension has not expired at the time of this application for the permit.
Every dealer in secondhand articles shall furnish to the Police Commissioner of Nassau County, or his agent, at such times and in such manner and at such intervals as shall be specified by the Police Commissioner all information requested by the Police Commissioner 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 Commissioner. Duly permitted dealers in antiques shall furnish daily reports of purchases of secondhand articles within 72 hours of their receipt thereof.
It shall be unlawful for any dealer in secondhand articles to:
A. 
Engage in selling activities at any place other than the place of business designated in such permit.
B. 
Purchase any secondhand goods or things from any person whom he knows to be or has reason to believe is a minor.
C. 
Purchase any secondhand goods or articles from any person between the hours of 10:00 p.m. and 7:00 a.m.
D. 
Sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly permitted by the Incorporated Village of Farmingdale, until the expiration of 15 business days after the acquisition by such dealer of such articles. Duly permitted dealers in antiques may sell or dispose of secondhand articles during a period of time prior to the expiration of said 15 days mentioned above, provided that the required record of purchases and sales are met pursuant to § 448-10 hereof.
E. 
Be permitted as a pawnbroker or to engage in the business of a pawnbroker; nor shall any sign or emblem be displayed by any such dealer in or about the premises where such business is conducted which in any way resembles the sign or emblem commonly used by pawnbrokers or which is intended to give the appearance that the business conducted on such premises is, or is connected with, the business of a pawnbroker.
F. 
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.
Every person permitted as a dealer in secondhand articles who also sells new articles within the permitted premises shall label all new articles in such a manner that the public will be informed of the nature of such articles.
A. 
If any articles shall be advertised in any newspaper printed in the County of Nassau as having been lost or stolen and if any goods or articles 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 written or oral notice of the similarity of description of such articles, such dealer shall immediately give information relating thereto to the Police Commissioner of Nassau County or his agent. No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by the Police Commissioner or his authorized agent. A dealer in secondhand articles, when notified by the Nassau County Commissioner of Police or his agent that property in his possession 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 dealer in writing by the Police Commissioner of Nassau County, or his agent, allowing such removal or sale.
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 Commissioner of Police of Nassau County, or any authorized inspector of permits, to any police officer or to any person duly authorized in writing by the Commissioner of Police to examine such articles, who shall exhibit such written authority to such dealer.
A. 
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the Commissioner of Police of Nassau County, 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 old gold, silver, platinum, other metals or coins, stamps or currency and 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 receives 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-described 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 permit at all times during normal business hours. Such books shall be open to the inspection of any police officer, to the Commissioner of Police of Nassau County, or any inspector of permits, or any person duly authorized in writing for such purposes by the Commissioner of Police of Nassau County, who shall exhibit such written authority to the dealer.
E. 
Duly permitted dealers in antique articles shall keep a record of bulk purchases in the bound book, noting the invoice number on each bulk purchase. All identifiable secondhand articles which are part of the bulk purchase shall be entered individually in the ledger book and reported individually to the Nassau County Police Commissioner within 72 hours after such bulk purchase.
F. 
Every dealer in secondhand articles shall make available all business premises and any and all rooms or portions of rooms thereof of the secondhand dealership at all times during normal business hours and all articles therein pertaining to said business for inspection by the Commissioner of Police or any inspector of permits, or any person duly authorized in writing for such purposes by the Commissioner of Police who shall exhibit such written authority to the dealer.
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 the signature of the person to whom it is issued.
(2) 
Other identification documentation which, under the circumstances of any particular purchase, would lead a reasonable man to believe to be accurate and reliable, when identification under Subsection B(1) hereof is not available.
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.
The Board of Trustees, after notice, may revoke or suspend a permit issued hereunder for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for the permit.
B. 
Any violation of this chapter.
C. 
Conviction of any crime or offense involving moral turpitude.
D. 
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.
A. 
A failure to comply with the provisions of this chapter shall constitute a violation and be punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or by both fine and imprisonment. The continuance of an offense shall constitute a separate and distinct violation hereunder for each day the offense is continued, and the person violating the same shall be a disorderly person and such violation shall constitute disorderly conduct.
B. 
Conviction of any person or persons for any offense against the provisions of this chapter shall constitute and effect an immediate forfeiture of any and all permits issued pursuant to this chapter to said person or persons.
C. 
In addition to the above-provided penalties and punishment, the Board of Trustees of the Incorporated Village of Farmingdale may also maintain an action or proceeding in the name of the Village of Farmingdale 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.
It shall be the duty of any police officer of the County of Nassau to require any person seen dealing in secondhand articles and who is not known by such police officer to be duly permitted to produce or display his secondhand dealer's permit and to enforce the provisions of this chapter against any person found to be violating the same.