[Added 3-24-2015 by Res.
No. 15-15]
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:
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:
Deals in the purchase or sale of any secondhand manufactured
article composed wholly or in part of gold, silver, platinum or other
metals; or
Engages in melting previous metals for the purpose of selling;
or
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.
Any goods sold at resale, except as specifically provided
for herein.
(a)
It shall be unlawful for any person, within the limits of the City
or City-owned facilities, to engage in or carry on the business of
collecting, buying, selling, or otherwise dealing in secondhand articles,
as defined under this division, without currently possessing a valid
license to deal in secondhand articles as provided in this division.
(b)
Nothing contained in this division shall be construed to apply to:
(1)
Pianos, books, magazines, rugs, tapestries, artists' burlaps,
paintings, sculpture, drawings, etchings, engravings, motor vehicles
and motorcycles;
(2)
The acceptance or receipt of merchandise which is not secondhand
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 the resale of such merchandise;
(3)
The acceptance or receipt of secondhand merchandise 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 sale or exchange
of such merchandise to any person other than an ultimate consumer;
(4)
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;
(5)
The sale of any item sold at a garage sale, yard sale, estate
sale, or moving sale (collectively referred to herein as "garage sale"),
provided that all of the following conditions are met:
a.
The garage sale is held on residential property owned, rented,
leased, or occupied by the seller or by at least one seller if there
are multiple sellers; and
b.
The items offered for sale are owned by the seller, and/or the
seller is authorized by the owner to sell said items;
c.
The garage sale does not exceed a period of 96 consecutive hours;
d.
The seller does not conduct more than three garage sales in
any consecutive twelve-month period;
e.
None of the items offered for sale were purchased by the seller
for resale or received on consignment for purposes of resale.
(6)
The sale of used furniture, used clothing, used baby/children's
items, or household goods;
(7)
Any transaction involving the sale or disposal of secondhand
articles regulated by state or federal law;
(c)
No license granted under this division shall be assignable.
(a)
Any person desiring to obtain the license required by this division
shall file with the City Clerk a written application upon a blank
form prepared and furnished by the City. Such application shall contain
the following:
(1)
The exact name, residence and telephone number of the applicant,
if an individual, partnership or firm; or
(2)
The names of the principal officers and their residences, if
the applicant is an association or corporation; or
(3)
The name, business address, residential address, and telephone
number of the operator of such business if other than the applicant.
(b)
Such applicant shall also describe in detail the character of the
business in which he desires to engage and the kind of materials he
desires to collect, buy, sell, or otherwise deal in.
(1)
He shall also state the following:
a.
Whether the applicant is licensed to sell old metal in accordance
with General Business Law Art. 6 (§ 60 et seq.).
b.
The length of time such applicant, if an individual, or operator,
if the applicant is a firm, partnership, corporation or association,
has resided in the City; his place of previous employment; whether
he has been convicted of a felony or misdemeanor and, if so, for what
offense, when, and in what court.
c.
The premises where such business is to be located or carried
on, giving street and number.
d.
The days and hours during which such business will be customarily
open to the public.
e.
Such other information that may be required by the Mayor.
(2)
Such application shall be signed and acknowledged before a notary
public or other officer authorized to administer oaths in the City.
(c)
The Police Chief or his designee shall review and, at his discretion,
grant approval of this license.
(d)
The fee for the processing of an application for a license under
this division shall be $25.
[Amended 9-22-2015 by Res. No. 85-15]
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)
Every dealer in secondhand articles shall keep a book in which shall
be legibly written, in English, the following:
(1)
The time of every purchase; and
(2)
A description of every article so purchased, including the number
or numbers and any monograms, inscriptions or other marks of identification
that may appear on such article; and
(3)
A description of the articles or pieces comprising old gold,
silver, platinum, or other metals, and any monogram, inscription or
marks of identification thereon; and
(4)
In the case of precious metals, jewelry, and gems, a photograph
of the article; and
(5)
The secondhand dealer shall require identification from the
seller which contains the name, residence and a general description,
and record in his book the name and residence from whom such purchase
was made.
(b)
Such book, at all reasonable times, shall be open to the inspection
of any police officer, to the Police Chief or his designee, or any
judge of the criminal court, or any person duly authorized, in writing,
for such purposes by the Commissioner or by any judge of the criminal
court, who shall exhibit such written authority to the dealer.
(c)
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.
(d)
Records retention/inspection.
(1)
Every secondhand dealer shall maintain for a period of five
years all of the information required in Subsection (a). Computerized
records may be used to satisfy the requirements of this division,
provided that such records include the required information and are
available upon reasonable request for inspection in printed format.
(2)
On or before 10:00 a.m. every Tuesday, every secondhand dealer
shall forward to the Police Chief, on electronic forms provided by
the Police Chief, a copy of the seller information required by Subsection
(a) of this section for each secondhand article acquired in the immediately
preceding seven days, and shall cause such forms to be delivered via
electronic mail to the Police Chief at the address designated on said
form. Photographs of precious metals, jewelry and gems shall not be
required to be transmitted with these forms.
(3)
Failure to maintain the records required by this section shall
constitute a presumptive evidence of a crime.
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.
