[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.]
GENERAL REFERENCES
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:
A.
Automobiles and automobile parts;
B.
The first purchase, exchange or sale in this country of any imported
secondhand article;
C.
The acceptance or receipt of merchandise in a new condition as a
return or exchange for a credit or refund;
D.
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;
E.
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;
F.
Any exchange, purchase or sale conducted as part of any trade show,
convention or exhibition;
G.
A garage sale or rummage sale conducted by a person not normally
engaged in the business of conducting such sales;
H.
The conduct of any duly licensed auction;
I.
Any junk dealer licensed pursuant to General Business Law Article
6 and/or Article 6-C;
J.
The sale or resale of clothing or apparel; and
K.
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.
A.
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:
(1)
Name, description, Social Security number and date of birth of applicant;
(2)
Home address of applicant;
(3)
Business address of applicant;
(4)
Telephone number(s) of business;
(5)
Name of business;
(7)
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;
B.
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.
A.
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.
B.
Verification of identity.
(1)
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.
(2)
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.,
C.
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.
A.
No dealer in secondhand articles shall purchase any secondhand goods
whatsoever from any person under the age of 18 years.
B.
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.
C.
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.
D.
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.
