[HISTORY Adopted by the Town Board of the Town of Niagara 7-21-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and scrapyards — See Ch. 173.
Solid waste — See Ch. 208.
Zoning — See Ch. 245.
A. 
No person, firm, corporation, partnership, association, trust or any type of business enterprise shall carry on the business of secondhand dealer without obtaining a license from the Town Board.
B. 
The "business of secondhand dealer" shall mean a business which engages in the purchase of any secondhand gold, silver, platinum, diamonds or other precious gems or any items containing gold, silver, platinum, diamonds or other precious gems; bicycles; radios; televisions; stereo equipment; electronic game systems; jewelry; watches; cameras and accessories; furniture; appliances; typewriters, calculators and office equipment; stamps; coins; automotive parts or equipment; or motor vehicles. A "purchase" of a secondhand item, as used in this chapter, shall be construed to include an exchange or trade for a secondhand item.
C. 
No person, firm, corporation, partnership, association, trust or any type of business enterprise shall carry on the business of scrap processor without obtaining a license from the Town Board. Any entity lawfully operating as a scrap processor as of the date of this chapter amendment shall have a period of 90 days to apply to operate, as set forth herein, and comply with the terms of this chapter.
D. 
The business of scrap processor shall mean a business which engages primarily in the purchase, processing and shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundries, smelters, refiners and similar users.
A. 
An application for a secondhand dealer or scrap processing license shall be made to the Town of Niagara, Town Clerk's office, on forms prescribed by the Chief of Police.
B. 
Upon receipt of an application for a secondhand dealer or scrap processing license, and after approval for Zoning Code compliance, the Chief of Police shall cause an inspection to be made of the applicant's business premises to determine whether public safety problems exist, and the Chief of Police shall cause an investigation to be made of the background of the owner and operator of the business. Before the issuance of a license, the Chief of Police and his representatives shall have the right to enter upon such premises during normal business hours for the purpose of making inspections. Further inspections of the premises may be made after a license has been issued to ensure compliance with the laws, ordinances and rules and regulations relating to secondhand businesses.
C. 
The owner, operator and employees of any secondhand or scrap processing business shall be of good moral character and shall maintain good order on the business premises at all times.
D. 
The Chief of Police may promulgate rules and regulations to govern the operation of secondhand or scrap processing businesses so as to provide for the orderly operation of the businesses and to ensure the public safety and the peace and tranquility of the neighborhoods where the businesses are located.
E. 
It shall be the duty of all holders of a secondhand dealer or scrap processing license to notify the Chief of Police of any changes in information supplied on their license applications within 20 days of such changes.
A. 
The Town Board may grant a license to carry on the business of secondhand dealer within the Town, which license shall not be transferred from one person to another, to such citizens, or aliens lawfully admitted for permanent residency in the United States, unless the Town Board deems it proper and upon the production to them of satisfactory evidence of their good character, and every such license shall expire one year from the date thereof, and may be renewed on application to the Town Board each and every year on payment of the same sum and upon performance of the other conditions therein contained, and the Town Board shall have full power and authority to revoke such license for cause.
B. 
The Town Board may grant to any person, firm, corporation, partnership, association, trust or business enterprise a license to carry on the business of scrap processing within the Town, which license shall not be transferred, unless it shall deem it proper, upon the production to it of satisfactory evidence of their good character, and every such license shall expire on December 31 of each year, and may be renewed on application to the Town Board each and every year on payment of the same sum and upon performance of the other conditions herein contained, and the Town Board shall have full power and authority to revoke such license for cause.
The annual fee for a secondhand dealer license shall be $150. The annual fee for a scrap processing license shall be $150.
A. 
Every secondhand dealer and scrap processor shall keep a record book in which shall be written, at the time of the purchase of any item, a description thereof, the name, age and personal description of the person from whom the purchase was made and the date and time when the purchase was made. All such record books shall be open to inspection by any member of the Police Department of the Town of Niagara. The record books shall be securely bound, not less than six inches in either length or width, legibly written in the English language and shall show the amount paid for each item and the number attached to each item. No entry in such book shall be erased, obliterated, altered or defaced. The aforementioned record book of scrap processors shall be kept in addition to the records required to be kept under § 69-g of the New York State General Business Law.
B. 
Every secondhand dealer shall, at the time of making any purchase, attach a tag or otherwise legibly written or identifiable number to each item bought and make entry of such number in the record book required by § 172-5A.
C. 
Every secondhand dealer and scrap processor shall make out every business day, on blank forms to be furnished by the Chief of Police, a record containing the details of all items received during the preceding business day. The details to be reported on each purchase shall be prescribed by regulations promulgated by the Chief of Police. Every secondhand dealer and scrap processor shall deliver such daily report to the Chief of Police, or his representative, in person or electronically by facsimile or e-mail using such telephone number or e-mail address as provided by the Chief of Police, or his or her representative, no later than 12:00 noon on the same day in which the report is completed. Such report shall also be retained by such secondhand dealer or scrap processor chronologically for a period of one year at said business premises on the same day in which the record is completed. The aforementioned records of scrap processors shall be kept in addition to the records required to be kept under § 69-g of the New York State General Business Law.
D. 
Identification of seller. Such reporting shall also describe the name and verified address of the person selling said item, including seller's age, height, weight, race and gender. The seller's address and identity shall be established by the seller producing to the broker at least one current and official photo identification document that contains the person's name, photo, address and further identifying information. Acceptable photo identification documents are those produced by the Department of Motor Vehicles, being a photo I.D. driver's license or a nondriver's photo I.D. card, or one of many different official government identification cards, such as an official police or sheriff's photo I.D. or official military photo I.D. card. Social Security, draft registration, voter registration, library, employment, college I.D. cards, etc., shall not be considered sufficient identification for purposes of this chapter.
E. 
If several items are purchased from the same person in a single transaction, they may be reported and tagged as a group, provided that each item is accurately described. Items may be described in commonly accepted terms of the trade.
F. 
No secondhand dealer or scrap processor shall permit any item which has been purchased or received by him to be sold, defaced or broken down until 21 days have elapsed after the giving of the notice of purchase of such article as required in § 172-5C. Items purchased or received from another secondhand dealer or scrap processor licensed under this chapter shall be exempt from this provision, provided that such items had been held for the required time period by the secondhand dealer or scrap processor that disposed of the items.
G. 
The following activities shall be exempt from the requirements of this section:
(1) 
The acceptance of items as a trade in full or partial payment for items of the same type or kind.
(2) 
The purchase of items from a single individual for an aggregate price of less than $10.
(3) 
The purchase of motor vehicles.
A. 
No secondhand dealer or scrap processor shall receive or purchase any item unless the person selling the item identifies himself by means of identification approved by the Chief of Police as set forth in § 172-5D.
B. 
No secondhand dealer or scrap processor shall receive or purchase any item from a person who is under 18 years of age, unless such person is accompanied by a parent or guardian.
C. 
No secondhand dealer or scrap processor shall have his place of business open for the transaction of business, nor shall he purchase any secondhand items, ferrous scrap or nonferrous scrap from persons other than secondhand dealers or scrap processors, except between the hours of 8:00 a.m. and 11:00 p.m.
D. 
Every secondhand dealer or scrap processor shall post his secondhand dealer or scrap processor license in a conspicuous location in his place of business.
E. 
No secondhand dealer or scrap processor shall conduct his business at any place other than the premises indicated on his application for a secondhand dealer or scrap processor license.
F. 
All secondhand dealers and scrap processors shall operate their businesses in compliance with all Town laws and ordinances.
G. 
All secondhand dealers and scrap processors shall post a sign or poster in a conspicuous place at the place of business, in type of no less than 72 point size, that reads as follows:
"WE DON'T BUY CRIME"
THIS BUSINESS COOPERATES WITH
THE TOWN OF NIAGARA POLICE DEPARTMENT
BY PROMPT NOTIFICATION OF ALL ITEMS RECEIVED
A. 
Garage sales, basement sales, porch sales, yard sales and other such events at which a person desires to sell or trade his personal used items, household goods, furniture or equipment upon his premises, said premises not being a regular place of business for purchase or sale of secondhand items, shall be exempted from the license requirement of this chapter. No more than two such sales shall be conducted by the same person or persons upon the same premises within one calendar year, and each such sale shall not exceed 10 consecutive days.
B. 
Sales conducted for charitable purposes shall be exempted from the license requirement of this chapter. The determination of whether a sale is being conducted for a charitable purpose shall be made by the Chief of Police.
C. 
This chapter shall not apply to the return of secondhand items for credit, exchange or refund to the person from whom said items were originally obtained, provided that the items were not secondhand items when originally obtained.
Payment for all items purchased by a secondhand dealer or scrap processor shall be made by means of a check drawn on the secondhand dealer's or scrap processor's account and made out in the name of the person selling the item. The secondhand dealer or scrap processor shall record on the face of the check the number affixed to the item purchased pursuant to § 172-5B. This section shall not apply to items purchased from a single individual for an aggregate price of less than $10.
A. 
The Chief of Police may deny a license or deny the renewal of a license to any applicant who is not of good moral character, who is not a fit and proper person to hold a license issued under this chapter or who makes a material misrepresentation on the license application. The Superintendent of Police shall give the applicant written notification of the reasons for the denial of a license.
B. 
The Chief of Police shall have the power to investigate and inquire into license applicants under this chapter and to require and enforce by subpoena the attendance of witnesses at such investigations.
A. 
It shall be the duty of the Town of Niagara Chief of Police or his representative to report to the Town Board any failure to comply with or any violation of the applicable foregoing sections on the part of any secondhand dealer or scrap processor.
B. 
Failure to comply with or any violation of the applicable foregoing sections on the part of any secondhand dealer or scrap processor could result in revocation of such secondhand dealer or scrap processor license upon good cause after due notice and hearing.
C. 
Any person violating any of the sections or subsections herein shall be guilty of a violation and shall be penalized $100 for the first offense. Each and every violation thereafter shall be punished by a fine of not less than $100 nor more than $250 or a sentence of imprisonment not to exceed 15 days, or both such fine and imprisonment.