[Adopted 10-26-2004 by G.O. No. 8-2004]
As used in this article, the following terms shall have the
meanings indicated:
The Police Commissioner of the City of Yonkers.
[Added 5-8-2012 by G.O. No. 3-2012]
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.
Includes a building, store or vacant property in which or
where the person transacts business and deals in the goods, wares
and merchandise.
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]
A.
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.)
B.
This section
shall not apply to the retail operations of any business providing
an electronic communication service: which shall include any service,
which provides its users with the ability to send or receive wire
or electronic communications over mobile phone devices.
[Added 9-25-2018 by G.O. No. 11-2018]
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:
[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.
