The purpose of this article is the protection of government,
order, conduct, the general welfare, safety, morals, health and well-being
of the persons and property of the City of Olean. It is adopted pursuant
to Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(11)
and (12), § 10, Subdivision 2, and General City Law § 20(13).
As used in this article, the following terms shall have the
meanings indicated:
DEALER IN SECONDHAND ARTICLES
Any person, corporation, partnership, association, limited-liability
corporation, and the agents, associates or employees thereof who,
in any way or as a principal broker or agent specifically, but not
limited to:
(1)
Deals in the purchase or sale of any secondhand manufactured
article composed wholly or in part of gold, silver, platinum or other
metals; or
(2)
Engages in melting previous metals for the purpose of selling;
or
(3)
Deals in the purchase or sale of any secondhand article, including
but not limited to any used electrical appliance, electronic equipment,
component parts or tools.
This division shall have applicability within the City and at
facilities owned and operated by the City wherever located. The City
of Olean Police Department shall enforce the provisions of this division.
A holding period applies if there is an alteration or disposal
of property within less than 10 days, but a secondhand dealer can
seek release from the holding provision by application to the Chief
of the Police Department or his designee along with providing of any
inspection or description required for such determination.
[Amended 9-22-2015 by Res. No. 85-15]
Any licensee under this division who commits or permits any
acts in violation of the provisions of this division shall be deemed
to have committed an offense against such division and shall be guilty
of a misdemeanor, and also liable for any such violation or the penalty
therefor, including a fine not less than $250. Each day any violation
of any provision shall continue shall constitute a separate offense.
Upon failure of the licensee who shall have received a license
under this division to comply with any or all of the terms applicable,
the Police Chief may, at any time, revoke the permit granted to such
licensee, and it shall be grounds for denial of license application
under this division.
If any provision, sentence or clause of this division is held
unconstitutional, illegal or invalid by a court of competent jurisdiction,
such findings shall not affect or impair any of the remaining provisions,
sentences or clauses or their application to persons and circumstances.