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."
As used in this chapter, the following terms shall have the
meanings indicated:
DEALER IN SECONDHAND ARTICLES
Any person who in any way, as principal, broker or agent:
A.
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.
B.
Accepts or receives secondhand articles as returns of merchandise
or in exchange for or for credits on any other articles or merchandise.
C.
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:
A. Considered as minimum requirements; and
B. Deemed neither to limit nor repeal any other powers granted to the
Town of Oyster Bay under New York State statutes.
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.
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.
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.
[Amended 3-7-2023 by L.L. No. 4-2023]
A. A failure to comply with the provisions of §
192-8A and
B, hereof entitled "Licenses," shall constitute a Class A misdemeanor, punishable by a fme not exceeding $1,000 or imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
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.
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.