It shall be unlawful for any person to act as a dealer in secondhand
merchandise within the Incorporated Village of Mineola without first
having obtained, and having in force, a license therefor as hereinafter
provided.
Every person who desires to act as a dealer in secondhand merchandise
within the Incorporated Village of Mineola shall file with the Village
Clerk a written application, upon forms to be furnished by the Village
Clerk, verified under oath, stating the following:
A. The name and description of the applicant, and:
(1) If the person is an individual operating under a trade name, he or
she must present a certified copy of the trade name certificate filed
in the office of the Nassau County Clerk;
(2) If the person is a partnership conducting business, whether or not
under a trade name, he or she must present a certified copy of the
partnership certificate filed in the office of the Nassau County Clerk;
(3) If the person is a domestic corporation, it must furnish a photostatic
copy of the filing receipt for the certificate of incorporation given
by the New York Secretary of State; or
(4) If the person is a foreign corporation, it must furnish a photostatic
copy of its application for authority to do business in New York State
which was submitted to the New York Secretary of State.
B. The address of the applicant.
C. That the applicant, if an individual, is at least 18 years of age.
D. A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation other than parking offenses.
A statement should include:
(1) The nature of the offense and the punishment or penalty assessed
therefor.
(2) Any other facts or evidence deemed necessary by the licensing officer
to establish that the applicant is a person fit and capable of properly
conducting the activity or business for which the license is sought.
E. A description of the exact type of business operation which the applicant
proposes to conduct.
F. The name and address of the owner or owners of the land where such
business or activity will be conducted, along with the nature of the
right of occupancy held by the applicant for the use of such land.
G. Photographs; fingerprints.
(1) At the discretion of the licensing officer:
(a)
Two photographs and a set of fingerprints of any individual
applicant; and
(b)
Two photographs and a set of fingerprints of each partner where
the applicant is a partnership; or
(c)
A set of fingerprints of all officers and stockholders of at
least 10% of the stock, where the applicant is a corporation.
(2) Any photograph required of the applicant shall be taken not more
than 60 days prior to the date of the application and shall be two
inches by two inches, showing the head and shoulders of the applicant
in a clear and distinct manner.
H. If the applicant is a corporation, it is to supply the name, New
York address and the title of the officer or the corporation upon
whom process or legal notice may be served.
I. Whether the applicant seeks a general, management or exposition license.
The licensing officer shall keep any fingerprints submitted
by the applicant, pursuant to this chapter, on file in his or her
office and may make any necessary investigation of the applicant's
criminal record by using such fingerprints, or otherwise. The cost
of such investigation shall be paid by the applicant with a check
made payable to the New York State Division of Criminal Justice Services,
or as otherwise specified by the licensing officer. Failure by the
applicant to submit such a check when required to do so by the licensing
officer shall constitute grounds for the denial of the application.
The licensing officer may, in his or her discretion, before the issuance of a license under §
430-9, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto or hold a hearing upon such application as hereinafter provided.
A license granted pursuant to this chapter may not be transferred
by the licensee to any other person.