City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
[Adopted 10-26-2004 by G.O. No. 8-2004]
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER
The Police Commissioner of the City of Yonkers.
[Added 5-8-2012 by G.O. No. 3-2012]
DIRECTOR
The Director of the Office of Licensing, who is also referred to as the "Consumer Protection Officer" in Article IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
ESTABLISHED PLACE OF BUSINESS
Includes a building, store or vacant property in which or where the person transacts business and deals in the goods, wares and merchandise.
SECONDHAND DEALER
A person or business must have a secondhand dealer general license if purchasing or selling secondhand articles other than automobiles or firearms (These items require separate licenses) in the City of Yonkers and who generally deals in the commercial purchase or sale of items such as but not limited to secondhand gold, silver, platinum or other precious metals or items containing those precious metals, gems, jewelry, coins, stamps and currency.
[Amended 5-8-2012 by G.O. No. 3-2012]
Garages sales and nonprofit organizations are exempt from this license requirement. (Not-for- profit organizations must keep proof of nonprofit and books and records on their premises.)
It shall be unlawful for any person or business to act as secondhand dealer and/or engage in the sale of used merchandise without first having obtained and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided shall file with the Director a written application upon a blank form prepared by the Director and furnished by the City, Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired; the kind of goods, wares and merchandise to be sold or the kind of service to be performed; the name, address and age of the applicant; the name and address of any person, firm or corporation represented; a business certificate issued by the Westchester County and such other information as may be required by the Director.
[Amended 5-8-2012 by G.O. No. 3-2012]
Upon the filing of the application and certificate as provided in the preceding section, the Director shall issue to the applicant an annual license signed by the Director. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty of a violation of this article. All such licenses must be clearly displayed in the established place of business accessible by the public.
The Director shall issue licenses after payment of the following fees to the Comptroller therefor:
A. 
For each location, the amount of $250 per year.
[Amended 6-1-2017 by G.O. No. 8-2017]
B. 
A certificate of insurance in the amount of $10,000, with the City of Yonkers being name the certificate holder.
[Amended 5-8-2012 by G.O. No. 3-2012]
All persons who possess a secondhand dealer's license shall:
A. 
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any nonwholesome, tainted or diseased provisions or merchandise.
B. 
Keep the premises used by the licensee in a clean and sanitary condition and the offered-for-sale items well dusted and insect free.
C. 
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
D. 
Not engage in any selling activities at any place other than the place of business designated in such license.
E. 
Not purchase any secondhand goods, articles, or things from any person whom he or she knows to be or has reason to believe is under the age of 18 years.
F. 
Not sell or dispose of any secondhand goods, articles, or things until the expiration of 15 business days after the acquisition by such dealer of such articles.
G. 
Not purchase any secondhand goods, articles, or things from any person between the hours of 12:00 midnight and 6:00 a.m.
[Added 5-8-2012 by G.O. No. 3-2012]
In addition to any of the powers that may be exercised by the Director, pursuant to the Code of the City of Yonkers, the Director, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license required under this article to the applicant or licensee, or any of its general partners, members, principals, officers or directors, or any of its stockholders owning more than 10% of the outstanding stock of the corporation, for any one of the following causes:
A. 
Fraud, misrepresentation or bribery in securing a license.
B. 
The making of any false statement as to a material matter in any application for a license.
C. 
The business transactions of the licensee or applicant have been marked by a practice of failure to perform its contracts or the manipulation of assets or accounts, or by fraud or bad faith.
D. 
Failure to display the license as provided in this article.
E. 
Violation of any provision of this article or of any rule or regulation adopted hereunder.
[Added 5-8-2012 by G.O. No. 3-2012; amended 5-24-2016 by G.O. No. 4-2016]
A. 
Every dealer in secondhand articles shall keep a book in which shall be legibly written in English, at the time of every purchase and at the time of every sale, a description of every article so purchased or sold, the number or numbers and any monograms, inscription or other marks of identification that may appear on such article, a description of the articles or pieces comprising old gold, silver, platinum, or other metals or gems or jewelry, and any monogram, inscription or marks of identification thereon, the name, residence and general description of the person from whom such purchase was made or to whom sold and the day and hour of the purchase or sale, or, as directed by the Commissioner, the dealer may utilize a web-based reporting system to keep track of all purchases and sales.
B. 
Such book, or web-based reporting system, at all reasonable times, shall be open to the inspection of any officer or employee of the Office of Consumer Protection, Police Officer, to the Director, the Commissioner, or any judge of the court of the Unified Court System, or any person duly authorized in writing for such purposes by the Director, Commissioner or by any judge of the Unified Court System, who shall exhibit such written authority to the dealer. All records shall be maintained for a period of not less than two years.
C. 
Every dealer who purchases or sells gold, silver, platinum or other precious metals or gems or jewelry shall keep a separate book or record containing a clear photograph of such item or items sold or purchased, a copy of the forms of identification presented by the seller and a telephone number and address at which the seller may be contacted, whose identity shall be confirmed upon presentation of two forms of identification, in addition to such other information contained in § 31-209.2A; or the same information may be maintained on the web-based reporting system. All records shall be maintained for a period of not less than two years.
[Added 5-8-2012 by G.O. No. 3-2012]
Every dealer in secondhand articles, upon being served with a written notice to do so by an officer or employee of the Office of Licensing or a member of the Police Department, shall report to the Director or Commissioner, a copy of the records required to be kept under § 31-209.2 of this article of all goods or articles or any part thereof purchased, received or sold in the course of his or her business during the days specified in such notice.
[Added 5-8-2012 by G.O. No. 3-2012]
A. 
If any goods or articles shall be advertised in any newspaper published in the City of Yonkers 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 secondhand dealer, upon receiving written or oral notice to do so, such secondhand dealer shall give information thereof, in writing, to the Commissioner.
B. 
Every secondhand dealer who shall have or receive any goods or articles lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to the Commissioner, to any City of Yonkers police officer, Director, or to any judge of the court of the Unified Court System, duly authorized, in writing, by the Commissioner, Director or by any judge of the Unified Court System, who shall exhibit such written authority to the secondhand dealer.
[Added 5-8-2012 by G.O. No. 3-2012]
Every secondhand dealer who also sells new articles within the licensed premises, shall have a sign of not less than 216 square inches with letters thereon not less than two inches in height prominently displayed within the established place of business where said articles are sold, informing the public that new articles and secondhand articles are sold within said department or area.
[Added 5-8-2012 by G.O. No. 3-2012]
Every secondhand dealer, who also sells new articles within the established place of business, shall label all secondhand articles in such manner that the public will be informed thereof.
[Amended 5-8-2012 by G.O. No. 3-2012[1]]
A violation of this chapter shall constitute a Class II offense, except for a violation of § 31-209.2, which shall be a Class I offense.
[1]
Editor's Note: This ordinance also redesignated former § 31-210 as § 31-213.