[HISTORY: Adopted by the Board of Trustees of the Village
of East Rockaway 5-26-1941 as
§ 259 of the General Ordinances; amended in its entirety 3-11-2013 by L.L. No. 7-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch.
86.
Garage sales — See Ch.
156.
Hawking, soliciting and vending — See Ch.
171.
Junk dealers — See Ch.
181.
Licenses and permits — See Ch.
187.
A. There is no control in the Village of East Rockaway 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, a local
law regulating these secondhand establishments is necessary.
B. 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.
C. 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 and 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.
D. This problem involving stolen property is not confined solely to
the small dealers. Some of the very largest retailers in the nation
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.
E. 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.
A. 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. 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
and 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 Village of East Rockaway would be served by the enactment of
this chapter.
B. 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 its 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 Village of East Rockaway will be protected
and promoted.
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 receiving 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 Village of East Rockaway, 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.
B. Deemed neither to limit nor repeal any other powers granted to the
Village of East Rockaway under New York State statutes.
This chapter shall not create any liability on the part of the
Village of East Rockaway, 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 of reliance on this chapter
or any administrative decision lawfully made thereunder.
It shall be unlawful for any person to act as a dealer in secondhand
articles without a license therefor.
A. There shall be three types of licenses:
B. A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles, other than secondhand automobiles, within the Village of East Rockaway during the license period specified in §
212-12 of this chapter.
C. 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 Village of East Rockaway during a period of one month from
the date of issuance of such license.
D. An exposition license shall authorize a dealer in antiques or unique
secondhand articles who maintains no place of business within the
Village of East Rockaway to exhibit and sell such articles at any
fair, show or exposition within the Village of East Rockaway during
a period of one month from the date of issuance of such license.
A. Each dealer securing a general license shall furnish a bond to the
Village of East Rockaway, with sufficient surety to be approved by
the Village Clerk in the penal sum of $2,000, conditioned for the
due observance of the law relating to such dealers.
B. Each manager of an antique or unique articles' exposition shall
furnish a bond to the Village of East Rockaway, with sufficient surety
to be approved by the Village Clerk in the penal sum of $2,000, conditioned
for the due observance of the law relating to dealers who are exhibitors
at the exposition.
The annual license fees for licenses shall be as follows:
A. A general or management license fee shall be $50.
B. An exposition license fee shall be $25.
A. All general licenses shall expire on the first day of April next
succeeding the date of issuance thereof, unless sooner revoked or
suspended.
B. A new application for license must be made yearly if the licensee
desires to continue such activity.
All licenses shall be placed and at all times displayed in a
conspicuous place at the licensee's place of activity or business
for which it is issued.
All licenses are personal to the licensees. They do not go with
title to the land nor may they be sold, assigned, transferred or disposed
of.
Any license may be revoked or suspended by the Board of Trustees of the Village of East Rockaway after a hearing thereon pursuant to the provisions of §
212-38 herein, at which time the licensee shall have an opportunity to be heard.
The granting, refusal, revocation or suspension of any license
by the Village Board shall be subject to review by a certiorari after
the applicant or licensee has exhausted all administrative remedies.
Applicants for a license under this chapter must file with the
Village Clerk of the Village of East Rockaway an application, supplied
by the Village Clerk, containing the following information:
A. The name and description of the applicant.
(1) Individuals operating under a trade name must present a certified
copy of the trade name certificate filed in the Nassau County Clerk's
office.
(2) 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 the partnership was
formed.
(3) A corporation must furnish a photostatic copy of the filing receipt
for the certificate of incorporation from the New York State Secretary
of State.
(4) 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.
B. The address of the applicant (local and legal).
C. That the applicant is of legal age.
D. That the applicant is a citizen of the United States and whether
citizenship was obtained by birth or naturalization and, if by naturalization,
the date and place where obtained. The naturalization certificate
or permanent Board of Elections' personal registration card may
be used as proof of citizenship.
E. A statement as to whether or not the applicant has ever been convicted
of or is 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.
F. A description of the exact type of business the applicant intends
to conduct.
G. 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.
H. Photographs and fingerprints.
(1) 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.
(2) Two photographs and fingerprints are required of each partner.
(3) 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.
I. If the applicant is a corporation, name, address and title of the
officer or corporation upon whom process or other legal notice may
be served.
J. A copy of the applicant's fingerprints shall be mailed to the
Division of Criminal Justice Services, Albany, New York, requesting
a fingerprint search. The Village Clerk shall secure from the applicant
the required fee in the form of a check or money order made payable
to the New York State Division of Criminal Justice Services.
A. Upon receipt of the license application and upon the approval by
the Village Clerk of the Village of East Rockaway and the payment
of the prescribed fees by and bonds required of the applicant, the
Village Clerk shall prepare and deliver to the applicant his license.
B. Every license issued hereunder shall be signed at the direction and
in the name of the Village Clerk and sealed with the Seal of the Village
of East Rockaway.
The Village Clerk shall keep a record of all licenses issued,
as well as any other matters herein described.
No license shall be granted under this section to any dealer
in secondhand articles:
A. Who has been convicted of any offense which under the laws of the
State of New York constitutes a crime involving moral turpitude.
B. Who has been found by any court of the state to have practiced any
fraud, deceit or misrepresentation in the conduct of the secondhand
dealer business unless the Village Clerk, after the Board of Trustee's
approval, shall decide in any particular case upon the facts there
presented that it is proper to issue the license applied for.
C. Whose license under this chapter has been revoked at any time during
the year prior to the time of the application for the license.
D. Whose license has been suspended under this chapter and the period
of such suspension has not expired at the time of this application
for the license.
A. 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 section. Such information shall
be supplied on forms to be designated and supplied by the Police Commissioner.
B. Duly licensed dealers in antiques shall furnish daily reports of
purchases of secondhand articles within 72 hours.
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.
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.
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.
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 Village of East Rockaway, 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 for a period of time less than the expiration of said 15 days mentioned above, provided that the required record of purchases and sales are met pursuant to §
212-31.
It shall be unlawful for any dealer in secondhand articles to
be licensed as a pawnbroker or to engage in the business of a pawnbroker;
nor shall any sign or emblem be displayed by any dealer in or about
the premises where such business is conducted which in any way resembles
the sign or emblem commonly used by pawnbrokers, or which is intended
to give the appearance that the business conducted on such premises
is or is connected with the business of a pawnbroker.
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
181, Junk Dealers.
It shall be unlawful for any person licensed as a secondhand
dealer to deal in the purchase or sale of secondhand motor vehicles
or parts therefrom, the processing of used metals for resale and the
dumping, storage, burning and disposal of waste, secondhand or used
materials of whatever composition.
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 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.
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, inscriptions 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.
A. 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.
B. 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.
C. 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
who shall exhibit such written authority to the dealer.
D. 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.
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 the signature
of the person to whom issued.
(2) Other identification documentation which, under the circumstances of any particular purchase, would lead a reasonable man to believe to be accurate and reliable, when identification under Subsection
B(1) hereof is not available.
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.
A. A failure to comply with the provisions of §§
212-8 and
212-9 hereof shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed one year, or by both such fine and imprisonment.
B. A failure to comply with the other parts 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 not less than $100
nor more than $1,000 for each day that the offense shall continue,
collectible by and in the name of the Village of East Rockaway.
D. Conviction of any offense against the provisions of this chapter
shall constitute and effect an immediate forfeiture of the license.
E. In addition to the above-provided penalties and punishment, the Board
of Trustees also may maintain an action or proceeding in the name
of the Village of East Rockaway 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.
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 Village Clerk of the Village of East Rockaway shall record
all convictions for violations of this chapter which are officially
brought to his attention by any authorized agency or person.
A. A license issued under the provisions of this chapter may be revoked
or suspended by the Village Clerk after notice for any of the following
causes:
(1) Fraud, misrepresentation or a 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.
B. Notice of revocation or suspension of a license shall be given in writing, setting forth specifically the grounds of the complaint. Such notice shall be mailed, postage prepaid, to the licensee at his last known address, in accordance with §
212-38 hereof.
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 Village 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 Village Clerk was erroneous.
(2) Such application shall be filed with the Village 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 Village 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 §
212-38 hereof.
(4) At such hearing, the Board of Trustees shall consider the applicant's
application upon the record before the Village Clerk in connection
with the Village Clerk's consideration thereof, and, in its discretion,
receive new or additional evidence in support thereof or in opposition
thereto.
B. The Board of Trustees, after such hearing, may affirm the action
of the Village Clerk or direct the Village 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 Board of Trustees.
B. The Village 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 Board of Trustees
shall designate two or more members of the Board to conduct said hearing.
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.