[HISTORY: Adopted by the Town Board of the Town of Niskayuna 7-24-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 151.
As used in this chapter, the following terms shall have the meanings indicated:
- DEALER IN SECONDHAND ARTICLES
- Includes any person dealing in the purchase or sale of any secondhand radios, televisions, household appliances, either electric or mechanical, automobile accessories or parts, including tires, office furniture, business machines and secondhand articles of whatsoever nature, or dealing in the purchase or sale of any secondhand manufactured article composed wholly or in part of gold, silver, platinum or other metal, or in the purchase or sale of old gold, silver or platinum, or dealing in the purchase of articles or things comprised of gold, silver or platinum for the purpose of melting or refining, or engaged in melting precious metals for the purpose of selling, or in the purchase or sale of pawnbrokers' tickets or other evidence of pledged articles or, not being a pawnbroker, who deals in the redemption or sale of pledged articles. Nothing contained in this chapter shall be construed to apply to household furniture and furnishings, pianos, books, magazines, tapestries, burlaps, paintings, drawings, etchings, engravings or automobiles; nor to exchanges, returns or credits of merchandise when the article or articles exchanged, returned or credited are accepted in full or part payment for new merchandise; nor to the first purchase or sale in the Town of any imported secondhand articles.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies and all other entities of any kind capable of being used.
No person, either as principal, agent or employee, shall within the limits of the Town of Niskayuna establish, engage in or carry on the business of dealing in secondhand articles, either separately or in connection with some other business, without first having obtained and paid for and having in full force and effect a license as herein provided.
Every person desiring to procure a license, as herein provided, shall file with the Town Clerk a written application upon a blank form prepared and furnished by the Town. Such application shall contain the names and residences of the applicant, if an individual, partnership or firm, or the names and residences of the principal officers if the applicant is an association or corporation. Such applicant shall also describe in detail the character of the business in which he, they or it desires to engage. The application shall also state the following:
The length of time such applicant or applicants, if an individual, firm or partnership, or the manager or person in charge, if the applicant is a firm, partnership, corporation or association, has or have resided or has or have done business in the Town of Niskayuna, his, her or their place of previous employment, whether he, she or they or any of them have been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
A valid telephone number at which the applicant shall be reachable at all times, specifically in case of emergency.
Any necessary site plan review required by the Code or Town Law of the State of New York.
The premises where such business is to be located or carried on, giving street and number.
Whether the applicant or applicants or manager had either alone or with someone else previously been a dealer in secondhand articles.
A full criminal background check of the applicant and any employees performed by an approved agency of the Niskayuna Police Department's choosing, with any additional associated costs to be paid by the applicant.
Such application shall be signed and acknowledged before a notary public or other official authorized to administer oaths in the Town of Niskayuna.
When an application is filed, the Town Clerk shall cause an investigation to be made by the Chief of Police to ascertain whether the applicant or applicants is or are of good character and repute and by the Chief of the Fire Department to ascertain whether proper precautions against danger from fire, both within and without the premises named in the application, have been taken. Both officials shall furnish to the Town Clerk the information derived from their investigation, accompanied by a recommendation as to whether a license should be granted or refused.
Upon the filing of the application, bond and information as provided in the previous section, the Town Clerk may, upon his approval of such application and bond as to the sufficiency or surety or sureties or collateral security and the payment to the Town of the license fee hereinafter provided, issue to the applicant a license to engage in the business as provided in § 169-2. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in or carry on the business, the kind of business, the dates of issuance and expiration of the license and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least one year shall have elapsed since the last previous rejection unless he can show that the reason for such rejection no longer exists.
Every dealer in secondhand articles as defined in § 169-1 shall pay an annual license fee of $250 for each established place of business.
Each dealer securing a license shall furnish a bond to the Town, with sufficient surety, to be approved by the Town Clerk in the penal sum of $2,500 conditioned for the due observance of the law relating to such dealers.
All licenses shall be issued as of January 1 and shall continue in force until December 31 next succeeding the date of issuance thereof, unless sooner revoked by the Town Clerk.
No license or badge, as hereinafter required, shall be used by any person other than the original licensee, and any holder of such license or badge who permits it to be used by any other person, and any person who uses such license or badge granted to any other person, shall be guilty of a violation of this chapter.
Whenever a license or badge shall be lost or destroyed without fault on the part of the holder or his or her agent or employee, a duplicate license or badge in lieu thereof under the original application and bond may be issued by the Town Clerk in his or her discretion, upon the filing with him of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
No person shall destroy, deface or injure a license or badge in any manner or change the name, number or dates thereon.
The Chief of Police may at any time, for such cause as he or she upon investigation deems sufficient, request that the Town Clerk revoke any license granted under the provisions of this chapter. Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked within a period of two years from the date of such revocation. Notice of such revocation shall be served by the Town Clerk upon the person named in the application by mailing the same to the address given in the application.
Any person aggrieved by the action of the Town Clerk in the denial of the application for a license or in the decision with reference to the revocation of a license shall have the right of an appeal to the Town Board or its designee.
Such appeal shall be taken by filing with the Town Board or its designee, within 10 business days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board or its designee shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant.
The decision and order of the Town Board or its designee on such appeal shall be final and conclusive.
In case any licensee shall move his or her place of business from the place designated in the license, he or she shall immediately thereupon give notice to the Town Clerk and have the same endorsed on the license.
Every dealer in secondhand articles shall keep in a computerized ledger, Excel spreadsheet or a compatible format which shall be legibly written and in English at the time of every purchase or sale a description of every article so purchased or sold, the number or numbers and any monograms, inscriptions or other marks of identification that may appear on the article, a description of the articles or pieces comprising old gold, silver, platinum or other metal, and any monograms, inscriptions or marks of identification thereon, the name, residence, telephone number, a copy of the photo identification of the person from whom such purchase was made or to whom sold, and the day and hour of the purchase or sale, including articles or things purchased or received for the purpose of refining or smelting by persons principally engaged in such business. Additionally, the dealer shall take a digital or other photograph of the article purchased and/or sold, such records to be retained for one year.
In the case of the purchase or sale of a pawnbroker ticket or other evidence of a pledged article, or a redemption or sale of a pledged article, there shall be written in such computerized ledger, excel spreadsheet or a compatible at the time of such purchase, sale or redemption:
The name and address of the person who issued such ticket or other evidence.
The pledge number of such pawn ticket or other evidence.
The name and address of the pledger as it appears on such pawn ticket or other evidence.
The amount loaned or advanced as it appears on such pawn ticket or other evidence.
The day and hour of such purchase, sale or redemption, as the case may be.
The name, residence, telephone number, and a copy of the photo identification of the person from whom or to whom the redeemed article is purchased or sold, as the case may be.
The sum paid or received from such pawn ticket or other evidence, or the sum paid or received for the redeemed article or pledge.
Such description of a pledged article as appears on such pawn ticket or other evidence and an accurate description of every redeemed pledged article.
Such information shall at all reasonable times be open to the inspection of any police officer, the Town Clerk, the Police Chief or any person duly authorized in writing for such purpose by the Town Clerk. No entry in such computerized ledger, excel spreadsheet or a compatible shall be erased, obliterated, altered or defaced.
It shall be the duty of every licensed dealer in secondhand articles to make or cause to be made to the Chief of Police or his representative every day, except Sunday, before the hour of 12:00 noon, a copy of the records required to be kept in the preceding section of all goods, articles or things, or any part thereof, purchased, received or sold in the course of the business of the dealer on the preceding day, or, if that day is Sunday, on the two next preceding days. All reports required in this section shall be made on a blank form prepared and furnished by the Chief of Police and shall contain such information as the Chief of Police may require. Each report shall be signed by the licensee or his representative and by the person from whom the purchase was made. The Chief of Police shall cause a record to be kept of all such reports, showing the date and time of receipt of each report, the name of the licensee making the report and his or her address. The contents of such report shall not be communicated to any person for the purpose of publication but shall be used by the Chief of Police and others in authority to protect the public interest and deter, detect and identify crime.
No licensee shall carry on business at any other place than the one designated in his or her license.
No dealer in secondhand articles shall continue to carry on business after his or her license is revoked or shall have expired.
No dealer in secondhand articles shall purchase any secondhand goods, articles or things whatsoever from any person under the age of 18 years.
No articles or things that have already been kept by the dealer or pawnbroker for a period of time, in accordance with the provisions of law or this chapter, or have been received from persons known to be jewelers, dealers, banking institutions, executors or administrators, shall be sold or disposed of by any dealer in secondhand articles until the expiration of 10 business days after such purchase or redemption, except that all secondhand articles or things purchased for the purpose of melting or refining by persons principally engaged in such business from persons not jewelers or dealers shall not be sold, refined, melted or disposed of until the expiration of 10 business days after such purchase; and no such dealer shall receive any article by way of pledge or pawn or employ any subterfuge for receiving goods as security for the advancement of money.
No dealer in secondhand articles, while licensed as such, shall be licensed as a pawnbroker; nor shall any sign or other device or subterfuge be displayed, used or employed by any dealer in secondhand articles in or about the premises where such business is conducted which in anywise resembles the emblem or sign 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 and calculated so to mislead; nor shall there be any sign displayed which is calculated to mislead.
A licensee shall allow his or her place of business and all secondhand articles therein to be at all reasonable times examined by any member of the Police Department.
Every dealer in secondhand articles shall at the time of making any purchase attach a properly numbered tag to, or otherwise legibly number, each article bought and shall make entry of such number in the computerized document provided for in § 169-10.
Every licensee shall post in a conspicuous place in his or her place of business a copy of this chapter to be furnished by the Police Department and a copy of the license issued by the Town Clerk as set forth in § 169-5.
No licensee shall buy any secondhand article of any kind which is distinctly and plainly marked as being the property of any firm or corporation other than the person offering to sell the same unless the person offering to sell the same shall show satisfactory evidence in writing that he is the legal and lawful owner of such property. Such written evidence shall be pasted in the computerized ledger, excel spreadsheet or a compatible format provided for in § 169-10.
No licensee shall furnish his or her license to any other person to engage in the sale of secondhand items.
In case the case that a person shall offer for sale to any dealer in secondhand articles, his or her employee, agent or servant any article of value and he or she has reason to believe from any circumstance that the same has been stolen or acquired by illegal means, it shall be his or her duty to report the same at once to the police.
The Police Department may furnish from time to time to every dealer in secondhand articles a list of all articles reported to the Police Department as lost or stolen. If the Police Department shall notify a licensed dealer that any goods, articles or things have been lost or stolen, and if such goods, articles or things, or any such or part of such, answering to the description of the notice shall then be or shall thereafter come into the possession of any person licensed under the terms hereof, he shall, upon receiving notice thereof, immediately thereafter, as a supplement to his or her daily report for that day to the Chief of Police, give information in writing that certain goods, articles or things listed by the police are in his or her possession and shall not hereafter dispose of the same except upon written authority so to do from the Chief of Police. Every dealer in secondhand articles who shall have or receive any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer or any person duly authorized by the Chief of Police in writing for such purpose who shall exhibit such written authority to the dealer.
Any person who, himself or herself or by his or her clerk, agent or employee, shall establish, engage in or carry on the business of dealer in secondhand articles without a license, or shall violate any of the provisions of this chapter, or who, having had his or her license revoked, shall continue to engage in or carry on the business of dealer in secondhand articles shall, upon conviction thereof, be subject to a fine of not less than $500 nor more than $1,000 or to imprisonment for not more than one year, or to both such fine and imprisonment; each day on which such violation continues shall constitute a separate offense. In addition to the penalty imposed, the license of the person violating the same shall be canceled or revoked, and the bond upon such license shall be forfeited. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the Town of Niskayuna, and the amount thereof may be received in a civil action based upon such forfeiture.
All ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed.
This chapter shall take effect immediately.