As used in this chapter, the following terms shall have the
meanings indicated:
FAIR MARKET VALUE
The amount a seller can expect to obtain for the merchandise
in an open market from a willing buyer.
SECONDHAND DEALER
A.
Except as provided in Subsection
B hereof, any person, corporation, partnership, limited liability corporation or any other legal entity in New York State who, either wholly or in part, engages in or operates the trade or business of buying and/or selling used goods, including but not limited to precious gems, gold, silver, platinum or other precious metals, jewelry, coins, watches, clocks, any tools, television sets, bicycles, radios, record or stereo sets, firearms, cameras and camera equipment, video equipment, furniture, appliances, toys, any electronics such as VCRs, games, CDs, CD players, computers, paging equipment, calculators and office equipment, stamps, coins, antiques and collectibles such as but not limited to Hummel figurines, military service medals, swords, automotive parts or equipment.
B.
"Secondhand dealer" shall not be deemed to include:
(1)
Judicial sales or sales by executors or administrators.
(2)
Occasional or auction sales of household goods sold from private
homes.
(4)
The occasional sale, purchase or exchange of coins or stamps
by a person at his permanent residence or in any municipally owned
building who is engaged in the hobby of collecting coins or stamps
and who does not solicit the sale, purchase or exchange of such coins
or stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, Internet or other form of
printed or electronic advertising.
USED GOODS
Any item that has been used, exchanged and/or sold at retail
on at least one prior occasion. Used goods may also be referred to
as "secondhand goods."
The following activity shall be exempt from the requirements
of this chapter:
A. The purchase of motor vehicles.
B. Garage sales, basement sales, porch sales, yard sales or other such
events at which a person desires to sell or trade his personal used
items, household goods and/or furniture equipment upon his/her premises,
said premises not being a regular place of business for purchase or
sale of secondhand items; three such sales shall be conducted by the
same person or persons where upon the same premises within
one calendar year and each such sale shall not exceed 10 consecutive
days.
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.
No secondhand dealer shall have his place of business open for
the transaction of business, nor shall be/she purchase any secondhand
items from persons other than secondhand dealers except between the
hours of 8:00 a.m. and 10:00 p.m.
Every secondhand dealer shall keep on file a current list of
employees which shall be available to the Town of Gates Police Department
or any other law enforcement agency upon reasonable request.
This Local Law shall take effect February 1, 2011, subject to
filing with the New York Secretary of State in accordance with the
Municipal Home Rule Law.