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.
PERSON
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.
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.
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.
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.
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.
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.