This chapter shall be known and may be cited as the "Secondhand
Dealers Law of the Incorporated Village of Mineola."
A.
The Village Board of the Incorporated Village of Mineola finds that
the business of buying and selling secondhand merchandise is rapidly
expanding in the Incorporated Village of Mineola. In the past, these
business operations were conducted without any regulation by the Incorporated
Village of Mineola. This situation creates an ideal scenario for persons
to dispose of stolen property and thus is destructive of the property
rights of our citizens, and it impedes the police agencies of the
county in their attempt to stem the tide of larcenies and burglaries.
Therefore, the Village Board concludes that it is in the best interests
of the welfare of the Village's citizens to enact a law regulating
the operations of dealers of secondhand merchandise who conduct their
business in the Incorporated Village of Mineola.
B.
It is hereafter the policy of the Incorporated Village of Mineola
that dealers in secondhand merchandise who conduct their business
in the Incorporated Village of Mineola be subject to regulation and
licensing by the Village and that they keep records of all their transactions
so as to ensure that their businesses are not used to dispose of stolen
property.
As used in this chapter, the following terms shall have the
meanings indicated:
Any article or merchandise which is more than 50 years old.
Any person who, in any way as principal, broker or agent:
Deals in the commercial purchase or sale of secondhand merchandise
for any purpose;
Accepts or receives secondhand merchandise as returns of merchandise
or in exchange for or for credits on any other articles of merchandise;
or
Deals in the commercial purchase or sale of pawnbroker tickets
or other evidence of pledged articles.
An individual, partnership, unincorporated association, corporation
or other entity.
The Nassau County Police Department.
Any item which shall have been previously used or purchased
by a consumer, including old gold or other precious metals, coins,
stamps or currency, firearms, cameras, business machines, musical
instruments, outboard motors or electronic equipment, but shall not
include:
Automobiles, pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculptures, drawings, etchings and engravings;
The first purchase or sale in the United States of any imported
used item;
The acceptance or receipt of merchandise in a new or used 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, or any resale of such merchandise as new merchandise
or the first subsequent nonretail sale or exchange of such merchandise
as used merchandise;
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;
Articles sold or acquired by a thrift shop, as defined to be
so classified under the United States Internal Revenue Code, and entitled
to an exemption as an eleemosynary corporation or institution; or
Antiques having a value of less than $250 and void of any serial
numbers, monograms, initials or distinct markings.
