Village of Scotia, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 5-10-2011 by L.L. No. 5-2011. Amendments noted where applicable.]
Transient merchants — See Ch. 232.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:
The word "person" as used herein shall include the singular and the plural and shall also mean and include any person, firm or corporation, association, club, co-partnership, society or any other organization.
Any person, as that term is defined above, engaged in the commercial exchange, purchase and/or sale of secondhand articles for any purpose and of whatever nature, subject to the exceptions set forth below in § 198-2, Exclusions.
Nothing in this chapter shall be construed to apply to:
Automobiles and automobile parts;
The first purchase, exchange or sale in this country of any imported secondhand article;
The acceptance or receipt of merchandise in a new condition as a return or exchange for a credit or refund;
The first sale of merchandise which has been rebuilt, refurbished or received as a trade to offset the purchase price of new goods sold as part of the same transaction. Any such rebuilt, refurbished or trade-in merchandise shall clearly be marked and sold as such;
A "thrift shop" as classified by the Internal Revenue Code of the United States of America thereby entitled to an exemption as an eleemosynary corporation or institution;
Any exchange, purchase or sale conducted as part of any trade show, convention or exhibition;
A garage sale or rummage sale conducted by a person not normally engaged in the business of conducting such sales;
The conduct of any duly licensed auction;
Any junk dealer licensed pursuant to General Business Law Article 6 and/or Article 6-C;
The sale or resale of clothing or apparel; and
Transactions between dealers.
No person, as principal, agent or employee shall establish, engage in or carry on the business of dealing in secondhand articles, either separately or in connection with some other business, without first having obtained and paid for and having in full force and effect a license as herein provided. Such license shall be valid for one year.
Any person desiring to procure a license as herein provided shall file with the Village of Scotia Police Department an application upon a blank form prepared and furnished by the Village of Scotia Police Department. Such application may be amended from time to time at the Police Chief's discretion, but shall, at a minimum, contain the following information:
Name, description, Social Security number and date of birth of applicant;
Home address of applicant;
Business address of applicant;
Telephone number(s) of business;
Name of business;
Type of business (i.e., firm, partnership, association, corporation, etc.):
If a partnership, names and addresses of all partners, both general and limited;
If a corporation or association, names and addresses of all principal officers;
A statement as to whether or not the applicant, any partner or any principal officer has been convicted of any crime, or any violation of any municipal ordinance, the nature of the offense and the punishment or penalty therefor;
A statement as to whether the business is permanent or transient. Transient merchants shall be subject to the provisions of Chapter 232, Transient Merchants.
Concurrent with the submission of the application to the Village of Scotia Police Chief or his designee, the applicant shall remit the applicable fee for the secondhand dealer license in the amount of $100 to the Village Clerk.
Any license granted pursuant to the provisions of this chapter may be revoked by the Village Police Chief where the person to whom the license was issued, either directly or by his or her agent, has violated the laws of the State of New York or the Village Code. No license shall be issued to any person whose license has been revoked within a period of one year from the date of revocation.
Every dealer in secondhand articles shall keep in a substantial bound book in which shall be legibly written in ink and in English at the time of every purchase or sale a description of every article so purchased or sold; the number or numbers and any monograms, inscriptions or other marks of identification that may appear on the article; a description of the articles or pieces comprising gold, silver, platinum or other metal, and any monograms, inscriptions or marks of identification thereon; the name, residence and general description of the person from whom such purchase was made or to whom sold along with his or her signature; and the day and hour of the purchase or sale.
Verification of identity.
It shall be the duty of every secondhand dealer to verify the identity of every person from whom he or she purchases an article, and to make and keep a written record of the nature of the evidence submitted by such person to prove his or her identity.
Only the following shall be deemed acceptable evidence of identity: Any photo identification card or document 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.,
Such book shall at all reasonable times be open to the inspection of any member of the Village Police Department. No entry in such book shall be erased, obliterated, altered or defaced.
No dealer in secondhand articles shall purchase any secondhand goods whatsoever from any person under the age of 18 years.
No dealer shall permit to be sold any article purchased or received by him until 10 business days have elapsed after the purchase of such article by the secondhand dealer.
A licensee or his agent shall allow his place of business and all secondhand articles therein to be at all reasonable times examined by any member of the Police Department.
Every dealer shall post in a conspicuous place in his place of business a copy of the Secondhand Dealer Law to be furnished by the Police Department and shall also post a copy of the license issued pursuant to this chapter.
Any person, firm or corporation violating any provision of this law shall, upon conviction thereof, be punishable by a fine of not more than $500 or imprisonment for a term not to exceed 15 days, or both. Each day on which such violation continues shall constitute a separate offense.