[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 10-21-1980 (Ch. 27 of the 1971 Code). Amendments noted where applicable.]
Pursuant to the provisions of the New York State Constitution, the Municipal Home Rule Law, the Suburban Town Law, the General Municipal Law and the Town Law, all as amended, the Town Board of the Town of Oyster Bay is empowered to enact local laws and ordinances licensing and regulating occupations and the conduct of business to protect and promote the health, safety, morals or the general welfare of the community. Therefore, the Town Board of the Town of Oyster Bay enacts Chapter 192 into the Code of Ordinances of the Town of Oyster Bay, entitled "Secondhand Dealers."
A.
Findings.
(1)
There is no control in the Town of Oyster Bay governing the activities
of those persons engaged in the business of buying and selling secondhand
merchandise. Some of these dealers represent to those persons involved
in crime an opportunity to dispose of stolen property. If the law
enforcement agencies are to function, an ordinance regulating these
secondhand establishments is necessary.
(2)
The ease with which some secondhand dealers buy and dispose of personal
property indicates the need for the enactment of laws to control and
regulate their everyday business transactions. A few of the dealers
require scant or very often no identification when purchasing personal
property, and rarely, if ever, is proof of ownership requested.
(3)
It is a fact that secondhand dealers are not required, at the present
time, to forward reports of acquired used property to any of the police
agencies. With the passage of this chapter, reports would be required
from dealers in secondhand jewelry, marine equipment, antiques, cameras,
coins, stamps, musical instruments, firearms, televisions, as well
as stereophonic equipment. As a result of the reporting, there would
be a marked increase in the number of restitutions for the sole reason
that now these merchants would be committed to keeping accurate records
of the used property purchased and disposed of by forwarding the proper
reports to the police on a daily basis at the close of each business
day.
(4)
This problem involving stolen property is not confined solely to
the small dealers. Some of the very largest retailers in the nation,
those whose stores are located in the Town of Oyster Bay, buy large
quantities of old gold, jewelry and diamonds and forward not one single
report of purchase to any police agency in the county. The scope for
the exploitation of stolen property is further broadened due to the
operations of these merchandising giants.
(5)
For small or large business enterprises to be allowed to continue
to operate without laws to control and regulate the purchase of secondhand
articles not only jeopardizes the property rights of many people but
extremely hampers the police agencies in their efforts to recover
stolen property and identify suspects.
B.
Legislative intent.
(1)
The security involved in the handling of secondhand property has
become a matter of concern to the police agencies charged with the
duty and responsibility therein. With the increase in the incident
of property thefts, the widespread use of alcohol and drugs, the decline
in the value of the dollar, the increase in the price of gold and
diamonds, the specter of inflation where barter becomes more of a
reality, all point to the imperative that the best interests of the
people of the Town of Oyster Bay would be served by the enactment
of this chapter.
(2)
This chapter will ensure a dramatic rise in the percentage of the
stolen property recovered, an increase in the probability that the
general public will receive a fairer deal in their business transactions
and will better the means to allow the police agencies to obtain more
information necessary to apprehend perpetrators of crimes associated
with the theft of property. Thereby the public health, morals and
general welfare of the Town of Oyster Bay will be protected and promoted.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who in any way, as principal, broker or agent:
Deals in the commercial purchase or sale of secondhand articles
for any purpose and of whatever nature, including but not limited
to old gold or other precious metals, coins, stamps or currency, firearms,
rifles, shotguns, cameras, business machines, musical instruments,
outboard motors or electronic equipment.
Accepts or receives secondhand articles as returns of merchandise
or in exchange for or for credits on any other articles or merchandise.
Deals in the commercial purchase or sale of pawnbroker tickets
or other evidence of pledged articles.
Nothing contained in this chapter shall be construed to apply
to:
A.
Automobiles, pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculpture, drawings, etchings and engravings.
B.
The first purchase or sale in the country of any imported secondhand
article.
C.
The acceptance or receipt of merchandise in a new condition as a
return, exchange or for credit or refund, if such merchandise was
originally purchased as new merchandise from the person accepting
or rereceiving the same, nor to any resale of such merchandise as
new merchandise or the first subsequent nonretail or exchange of such
merchandise as used merchandise.
D.
The acceptance or receipt of merchandise in a used condition as a
return, trade-in, exchange or for credit or refund if such merchandise
was originally purchased as new merchandise from the person accepting
or receiving the same, nor to the first subsequent nonretail sale
or exchange of such merchandise.
E.
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.
F.
A thrift shop, as defined to be so classified under the United States
Internal Revenue Code, entitled to an exemption as an eleemosynary
corporation or institution.
G.
Antiques, which shall mean secondhand articles over 50 years of age,
having a value of less than $250, and void of any means of identification.
"Identification" shall mean articles which are serialized, monogrammed,
initialed or distinctly marked.
The burden of proof that an article was originally purchased
from the person accepting or receiving it, that it was the first subsequent
sale or exchange thereof to a person other than an ultimate consumer
or that it was a first sale at retail of such factory rebuilt merchandise
shall be upon the person asserting the same. Evidence of an existing
trade practice in the Town of Oyster Bay, if any, shall be admissible
for the purpose of determining whether or not merchandise is in new
or used condition.
In interpreting and applying the provisions of this chapter,
the rule of interpretation applicable to remedial legislation shall
be used so that the spirit and intent of this chapter shall be observed.
All provisions shall be:
This chapter shall not create any liability on the part of the
Town of Oyster Bay, its officers, agents or employees or the Nassau
County Police Department, its officers, agents or employees, for any
act or damage caused as a result from reliance on this chapter or
any administrative decision lawfully made thereunder.
A.
It shall be unlawful for any person to act as a dealer in secondhand
articles without a license therefor.
B.
There shall be three types of licenses: general license; management
license; and exposition license.
(1)
A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles other than secondhand automobiles, within the Town of Oyster Bay during the license period specified in Subsection C of this section.
(2)
A management license shall authorize the licensee, who is not a dealer
in antiques or unique secondhand articles, to operate and manage an
antique or unique secondhand articles exposition where such antiques
or unique secondhand articles are sold at any fair, show or exhibit
or any place where this merchandise is offered for sale within the
Town of Oyster Bay, during a period of one month from the date of
issuance of such license.
(3)
An exposition license shall authorize a dealer in antiques or unique
secondhand articles who maintains no place of business within the
Town of Oyster Bay to exhibit and sell such articles at any fair,
show or exposition within the Town of Oyster Bay, during a period
of one month from the date of issuance of such license.
C.
Bonds; fees; conditions.
(1)
Each dealer securing a general license shall furnish a bond to the
Town of Oyster Bay, with sufficient surety to be approved by the Town
Clerk in the penal sum of $2,000 conditioned for the due observance
of the ordinance relating to such dealers.
(2)
Each manager of an antique or unique articles exposition shall furnish
a bond to the Town of Oyster Bay, with sufficient surety to be approved
by the Town Clerk in the penal sum of $2,000, conditioned for the
due observance of the ordinance relating to dealers who are exhibitors
at the exposition.
(3)
The annual license fee for licenses shall be as follows:
(4)
All general licenses shall expire on the first day of October next
succeeding the date of issuance thereof, unless sooner revoked or
suspended. A new application for a license must be made yearly if
the licensee desires to continue such activity.
D.
All licenses shall be placed and at all times displayed in a conspicuous
place at the licensee's place of activity of business for which it
is issued.
E.
All licenses are personal with the licensees. It does not go with
title to the land nor may it be sold, assigned, transferred or disposed
of.
F.
Any license may be revoked or suspended by the Town Board of the Town of Oyster Bay after a hearing thereon pursuant to the provisions of § 192-20 herein, at which time the licensee shall have an opportunity to be heard.
G.
The granting, refusal, revocation or suspension of any license by
the Town Board shall be subject to review by certiorari after applicant
or licensee has exhausted all administrative remedies.
H.
Application for license. Applicants for a license under this chapter
must file with the Town Clerk of the Town of Oyster Bay an application,
supplied by the Town Clerk, containing the following information:
(1)
The name and description of the applicant. Individuals operating
under a trade name must present a certified copy of the trade name
certificate filed in the Nassau County Clerk's office. A partnership
conducting business, whether or not under a trade name, must submit
a certified copy of the partnership certificate filed in the Nassau
County Clerk's office when partnership was formed. A corporation must
furnish a photostatic copy of the filing receipt for the certificate
of incorporation from the New York State Secretary of State. A corporation
from outside New York State must furnish a photostatic copy of its
application for authority to do business in New York State from the
New York State Secretary of State.
(2)
The address of the applicant (local and legal).
(3)
That the applicant is of legal age.
(4)
That the applicant is a citizen of the United States, whether citizenship
was obtained by birth or naturalization, or an alien lawfully admitted
for permanent residence in the United States. If by naturalization,
the date and place where obtained.
[Amended 6-15-2021 by L.L. No. 8-2021]
(5)
A statement as to whether or not applicant has ever been convicted
of or now under charge of any crime, misdemeanor or violation of any
municipal ordinance, the nature of the offense and the punishment
or penalty assessed therefor, and such other facts or evidence as
is deemed necessary to establish that the applicant is a person fit
and capable of properly conducting the activity or business for which
the license is sought.
(6)
A description of the exact type of business applicant intends to
conduct.
(7)
The name and address of the owner or owners of the land and the nature
of the right of occupancy of the applicant to the use of such land.
(8)
Two photographs of the applicant, taken not more than 60 days prior
to the filing of the application which photographs shall be two inches
by two inches, showing the head and shoulders of the applicant in
a clear and distinguishing manner. Two photographs and fingerprints
are required of each individual applicant; two photographs and fingerprints
are required of each partner; no photographs are required of corporate
applicants, but all officers must be fingerprinted, as well as any
stockholder of 10% or more of the stock.
(9)
If the applicant is a corporation, the name, address and title of
officer of corporation upon whom process or other legal notice may
be served.
(10)
A copy of the applicant's fingerprints shall be duly submitted
to the New York State Division of Criminal Justice Services. Any fees
required for fingerprinting shall be the responsibility of the applicant.
[Amended 6-29-2021 by L.L. No. 11-2021]
I.
Issuance of license.
(1)
Upon receipt of the license application and upon the approval by
the Town Clerk of the Town of Oyster Bay and the payment of the prescribed
fees and bonds required of the applicant, the Town Clerk shall prepare
and deliver to the applicant his license.
(2)
Every license issued hereunder shall be signed at the direction and
in the name of the Town Clerk and sealed with the seal of the Town
of Oyster Bay.
J.
Grounds
for denial.
[Added 6-29-2021 by L.L. No. 11-2021]
(1)
The Town Clerk may deny a license or permit sought to be issued pursuant
to this chapter, if he shall find that the requirements governing
the issuance of the license or permit, as prescribed either by this
chapter or the provisions of this Code or other ordinance rule or
regulation requiring the license or permit, or the issuance of the
license or permit or the issuance thereof have not been sufficiently
complied with by the applicant.
(2)
In addition to the provisions of Subsection J(1), the Town Clerk may deny a license or permit for the following reasons:
(a)
If the applicant, or if the applicant is a firm or corporation,
any of its members or officers or the person designated to manage
or supervise the business, shall have been convicted of a misdemeanor
or felony, which in the judgment of the Town Clerk renders the applicant
unfit or undesirable to carry on the trade or occupation involved.
Any decision regarding such applicant's fitness for a license must
be made upon a review of the factors contained in New York State Correction
Law §§ 701 through 703-b and 751 through 753; or
(b)
If the applicant, in the judgment of the Town Clerk, is deemed
to be an undesirable person or incapable of properly conducting the
activity, trade or business of a collateral loan broker; or
(c)
If the applicant has been found by any court of the state to
have practiced any fraud, deceit or misrepresentation in the conduct
of the collateral loan broker business unless the Town Clerk, after
Town Board approval, shall decide in any particular case upon the
facts there presented that it is proper to issue the license applied
for; or
(d)
If the applicant's license issued under this chapter has been
revoked at any time during the year prior to the time of the application
for the license; or
(e)
If the applicant's license which has been issued pursuant to
this chapter, has been suspended, and the period of such suspension
has not expired at the time of this application for the license.
Every dealer in secondhand articles shall furnish to the Police
Commissioner of Nassau County or his agent at such times, in such
manner and at such intervals as shall be specified by the Police Commissioner,
all information requested by the Police Commissioner relative to all
records required to be kept under this chapter. Such information shall
be supplied on forms to be designated and supplied by the Police Commissioner.
Duly licensed dealers in antiques shall furnish daily reports of purchases
of secondhand articles within 72 hours.
A.
It shall be unlawful for any dealer in secondhand articles to engage
in selling activities at any place other than the place of business
designated in such license.
B.
It shall be unlawful for any dealer in secondhand articles to purchase
any secondhand goods or things from any person whom he knows to be
or has reason to believe is a minor.
C.
With the exception of duly licensed dealers in antiques, it shall
be unlawful for any dealer in secondhand articles to purchase any
secondhand goods or articles from any person between the hours of
10:00 p.m. and 7:00 a.m.
D.
It shall be unlawful for any dealer in secondhand articles to sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly licensed by the Town of Oyster Bay until the expiration of 15 business days after the acquisition by such dealer of such articles. Duly licensed dealers in antiques may sell or dispose of secondhand articles during a period of time prior to the expiration of said 15 days mentioned above, provided that the required record of purchases and sales are met pursuant to § 192-13 hereof.
E.
[1]It shall be unlawful for any person licensed as a secondhand dealer to deal in the purchase or sale of any junk, old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging, slush or empty bottles or employ or use a boat, cart or other vehicle for the purpose of collecting any such things or materials, unless he is also licensed as a junk dealer therefor, as provided for in and pursuant to Chapter 139 of this Code of Ordinances entitled "Junk and Junk Dealers."
[1]
Editor's Note: Former Subsection E, prohibiting secondhand
dealers licensed as pawnbrokers, was repealed 3-31-2009 by L.L. No.
3-2009. This local law also provided for the redesignation of former
Subsection F as Subsection E.
Every person licensed as a dealer in secondhand articles who
also sells new articles within the licensed premises shall label all
new articles in such manner that the public will be informed of the
nature of such articles.
A.
If any articles shall be advertised in any newspaper printed in the
County of Nassau as having been lost or stolen and if any goods or
articles answering such advertised description or any part thereof
shall be in or come into the possession of any dealer in secondhand
articles, upon receiving actual written or oral notice of the similarity
of description of such articles, such dealer shall immediately give
information relating thereto to the Police Commissioner of Nassau
County or his agent. No disposition of such articles shall be effected
until authorization to do so shall be given to such dealer by the
Police Commissioner or his authorized agent. A dealer in secondhand
articles, when notified by the Nassau County Commissioner of Police
or his agent that property in his possession is stolen or alleged
to be stolen, shall take immediate steps to secure that property,
and it shall be marked "police stop." Thereafter, such property shall
not be sold or removed from the premises until notification is made
to the dealer, in writing, by the Police Commissioner of Nassau County
or his agent allowing such removal or sale.
B.
Every dealer in secondhand articles who shall have or receive any
articles alleged or supposed to have been lost or stolen shall exhibit
the same, on demand, to the Commissioner of Police of Nassau County
or any authorized inspector of licenses, to any police officer or
to any person duly authorized, in writing, by the Commissioner of
Police to examine such articles, who shall exhibit such written authority
to the dealer.
A.
Every dealer in secondhand articles shall keep a bound book, in a
form prescribed by the Commissioner of Police of Nassau County, of
consecutively numbered transactions, in which shall be legibly written
in English, at the time of every purchase or sale to or from a person
other than a dealer in secondhand articles, a description of every
secondhand article so purchased or sold, the number or numbers and
any monograms, inscriptions or other marks of identification that
may appear on such article, a description of the articles or pieces
comprising old gold, silver, platinum, other metals or coins, stamps
or currency and any monogram, inscription or marks of identification
thereon, the name and residence address of the person from whom such
purchase was made and the day and hour of the purchase.
B.
Every dealer in secondhand articles who receives secondhand articles
on consignment shall keep a record, in the above prescribed book,
describing the articles and the name and description of the person
or dealer such items are received from.
C.
As between dealers, all transactions shall be recorded, in the above-prescribed
book, and legible records kept describing the articles, including
a detailed description of all jewelry and costume jewelry.
D.
Such books shall be kept on the business premises of the secondhand
dealership or at the place designated on the duly approved license,
at all times during normal business hours. Such books shall be open
to the inspection of any police officer, to the Commissioner of Police
of Nassau County or any inspector of licenses or any person duly authorized,
in writing, for such purposes by the Commissioner of Police of Nassau
County, who shall exhibit such written authority to the dealer.
E.
Duly licensed dealers in antique articles shall keep a record of
bulk purchases in the bound book, noting the invoice number on each
bulk purchase. All identifiable secondhand articles which are part
of the bulk purchase shall be entered individually in the ledger book
and reported individually to the Nassau County Police Commissioner
within 72 hours after such bulk purchase.
F.
Every dealer in secondhand articles shall make available all business
premises and any and all rooms or portions of rooms thereof of the
secondhand dealership at all times during normal business hours and
all articles therein pertaining to said business for inspection by
the Commissioner of Police of Nassau County or any inspector of licenses
or any person duly authorized, in writing, for such purposes by the
Commissioner of Police of Nassau County who shall exhibit such written
authority to the dealer.
A.
It shall be the duty of every secondhand dealer to verify the identity
of every person from whom he purchases an article, and to make and
keep a written record of the nature of the evidence submitted by such
person to prove his identity.
B.
Only the following shall be deemed acceptable evidence of identity:
(1)
Any official document, except a social security account number card,
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, which requires and bears signature
of the person to whom issued.
C.
It shall be the duty of every dealer in secondhand articles to require
that every person from whom an article is purchased sign his name
in the presence of the secondhand dealer, and to compare the signature
with the signature on the identifying document, if any, and retain
on his premises the person's signature, together with the number and
description of the identifying document, if any.
[Amended 3-7-2023 by L.L. No. 4-2023]
B.
A failure to comply with any other section or sections of this chapter
shall constitute a violation and shall be punishable by a fine not
exceeding $250 or imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment The continuation of an offense
shall constitute a separate and distinct violation hereunder for each
day the offense is continued.
C.
In addition to the penalties provided above, any offense against
the provisions of this chapter shall subject the person committing
the offense to a civil penalty in the amount of $1,000 for each day
that the offense shall continue, collectible by and in the name of
the Town of Oyster Bay.
D.
Conviction of any person or persons for any offense against the provisions
of this chapter shall constitute and effect an immediate forfeiture
of any and all licenses issued pursuant to this chapter to said person
or persons.
E.
In addition to the above-provided penalties and punishment, the Town
Board also may maintain an action or proceeding in the name of the
Town of Oyster Bay in a court of competent jurisdiction to compel
compliance with the provisions of this chapter or to restrain by injunction
an offense against this chapter.
[Added 8-19-1997 by L.L. No. 6-1997; 3-7-2023 by L.L. No. 4-2023]
In addition to and notwithstanding any other remedy for any
offense against this chapter, any person violating a directive issued
by the Commissioner or his/her duly authorized representative, made
pursuant to the provisions of this chapter, shall be guilty of a violation
punishable by a fine not exceeding $900 or imprisonment for a period
not to exceed 15 days, or both.
[Added 3-7-2023 by L.L. No. 4-2023]
Any person found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter shall be subject to
a monetary penalty within the range of fines authorized by this article.
It shall be the duty of any police officer of the County of
Nassau to require any person seen dealing in secondhand articles and
who is not known by such police officer to be duly licensed, to produce
or display his secondhand dealer's license and to enforce the provisions
of this chapter against any person found to be violating the same.
The Town Clerk of the Town of Oyster Bay shall record all convictions
for violations of this chapter which are officially brought to her
attention by any authorized agency or person.
A.
A license issued under the provisions of this chapter may be revoked
or suspended by the Town Clerk after notice for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license.
(2)
Any violation of this chapter.
(3)
Conviction of any crime or offense involving moral turpitude.
(4)
Conducting the activity as a dealer in secondhand articles in an
unlawful manner or in such a manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.
A.
The holder of any license which has been suspended or revoked and
any applicant who shall have been denied a license under this chapter
may apply for a review of the action of the Town Clerk as hereinafter
provided:
(1)
Such application shall be in writing, signed and acknowledged by
the applicant and shall state the ground or grounds on which the applicant
claims that the determination of the Town Clerk was erroneous.
(2)
Such application shall be filed with the Town Clerk by the applicant
within 20 days after notice of denial of his application or notice
of suspension or revocation of his permit by the Town Clerk has been
mailed to him or delivered to him in person.
(3)
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 192-20 hereof.
(4)
At such hearing the Review Board shall consider the applicant's application
upon the record before the Town Clerk in connection with the Town
Clerk's consideration thereof, and in its discretion receive new or
additional evidence in support thereof or in opposition thereto.
B.
The Review Board, after such hearing, may affirm the action of the
Town Clerk or direct the Town Clerk to issue a proper license pursuant
to this chapter.
Whenever it shall be provided herein that a hearing shall or
may be held with respect to any matter:
A.
Such hearing shall be held on a date, at a place and hour designated
by the Town Board.
B.
The Town Clerk shall give notice thereof, stating the name and address
of the applicant or license holder concerned, the subject matter of
the hearing and the date, place and hour thereof designated therefor,
by mailing a copy thereof to the applicant or license holder concerned
at the address shown on the most recent application of such applicant
or licensee, at least 10 days before such hearing.
C.
If an applicant or licensee requests a hearing, the Town Board shall
designate two or more members of the Town Board to conduct said hearing
as a Review Board.
D.
The applicant or license holder involved shall be entitled to be
represented by legal counsel and to present such competent and material
testimony or other evidence in his own behalf as may be relevant to
the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.