[HISTORY: Adopted by the Town Board of the
Town of Harrison 3-23-2017 by L.L. No. 1-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 95.
Junkyards — See Ch. 165.
Peddling and soliciting — See Ch. 183.
[1]
Editor's Note: This local law superseded former Ch. 198, Secondhand
Dealers, adopted 2-19-1986 by L.L. No. 2-1986.
Any person, firm or entity who in any way, as principal,
broker or agent:
Deals in the commercial purchase or sale of secondhand articles
for any purpose and of whatever nature, including but not limited
to old gold or other precious metals, coins, stamps, currency, firearms,
cameras, business machines, musical instruments, outboard motors or
electronic equipment.
Accepts or receives secondhand articles as returns of merchandise
or in exchange for or for credits on any other articles or merchandise.
Deals in the commercial purchase or sale of pawnbroker tickets
or other evidence of pledged articles.
Nothing contained in this chapter shall be construed to apply
to:
A.
Automobiles, pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculpture, drawings, etchings and engravings.
B.
The first purchase or sale in the country of any imported secondhand
article.
C.
The acceptance or receipt of merchandise in a new condition 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 any resale of such merchandise as "new merchandise"
or the first subsequent nonretail or exchange of such merchandise
as "used merchandise."
D.
The acceptance or receipt of merchandise in a used condition 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 nonretail sale
or exchange of such merchandise.
E.
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.
F.
A thrift shop, as defined to be so classified under the United States
Internal Revenue Code, entitled to an exemption as an eleemosynary
corporation or institution.
G.
Antiques, which shall mean secondhand articles over 50 years of age,
having a value of less than $250 and void of any means of identification.
Identification shall mean articles which are serialized, monogrammed,
initialed or distinctly marked.
The burden of proof that an article or transaction complies with § 198-2 above shall be upon the person asserting the same. Evidence of an existing trade practice in the town, if any, shall be admissible for the purpose of determining whether or not merchandise is in new or used condition.
No person shall act as a dealer in secondhand articles without
first obtaining a license therefor, from the Town Clerk.
All persons seeking a license as herein provided shall file
with the Town Clerk a sworn written application containing the following:
A.
The names, residences and ages of the applicants, if individuals
or a firm or a partnership; and if a corporation, limited liability
company, or other association, the names, ages and addresses of the
principal officers, directors, members, manager or managers.
B.
The length of time each person mentioned in such application has
resided in the Town of Harrison, if applicable, their place of previous
employment, and whether or not he or she has ever been convicted of
a misdemeanor or felony of any of the laws of the State of New York
or any subdivision thereof and, if so, the offense of which he or
she has been convicted, the date thereof and the court or jurisdiction
in which such conviction occurred.
C.
The address or place where such secondhand dealer business is to
be located or conducted.
D.
Whether the applicant or applicants or manager had, either alone
or with someone else, previously engaged as owner or employee in conducting
a secondhand dealer business, when and where and how long.
E.
The name and address of the person owning the premises for which
a license is sought.
The Town Clerk shall refer such application to the Chief of
Police, and any other official or any other person designated by the
Chief of Police, who shall inspect the premises or make such investigation
as is necessary and expedient to determine the character and fitness
of the applicant for such license and whether the proposed place to
be used for said secondhand dealer business complies with all regulations,
ordinances and laws applicable thereto. The report of such Chief of
Police, or designee, shall be in writing and shall be submitted to
the Town Clerk with a recommendation to grant or refuse said license.
A.
No license shall be issued unless and until it shall be found that
all of the persons named in the application are of good moral character;
that the proposed secondhand dealer business complies with and conforms
to all ordinances, health and fire regulations and other laws applicable
thereto.
B.
Any applicant who has been refused a license by the Town Clerk may
appeal to the Town Board therefor, and the same may be granted or
refused by the Board except as prohibited herein.
A.
Upon compliance with the terms of this chapter by the applicant or
applicants, the Town Clerk, upon payment of the licensee fee herein
fixed, shall issue to the applicant a license to conduct and maintain
a secondhand dealer business in the location applied for during the
term and in accordance with the other provisions of this chapter.
B.
Licenses shall expire on the 31st day of December at 12:00 midnight
following the dates of issuance thereof.
The license fee shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code, and said sum is hereby determined to be the reasonable cost to the Town for the investigation of the application, the issuance and recording of the license and the subsequent supervision of the premises as herein provided.
Every person licensed in accordance with the provisions of this
chapter shall immediately post such license and keep the same posted
while in force in a conspicuous place in the premises mentioned in
the application for such license.
A.
It shall be unlawful for any dealer in secondhand articles to engage
in selling activities at any place other than the place of business
in such license.
B.
It shall be unlawful for any dealer in secondhand articles to purchase
any secondhand goods or things from any persons whom he knows to be
or has reason to believe is a minor.
Every person licensed as a dealer in secondhand articles who
also sells new articles within the licensed premises shall label all
new articles in such manner that the public will be informed as to
whether any particular article is new or secondhand.
A.
If any articles shall be advertised in any newspaper circulated in
the County of Westchester as having been lost or stolen and if any
goods or articles answering such advertised description or any part
thereof shall be in or come into the possession of any dealer in secondhand
articles, upon receiving actual written or oral notice of the similarity
of description of such articles, such dealer shall immediately convey
all of the information in his possession relating thereto to the Chief
of Police or his agent. No disposition of such articles shall be effected
until authorization to do so shall be given to such dealer by the
Chief of Police or his authorized agent. A dealer in secondhand articles,
when notified by the Chief of Police or his agent that property in
his possession is stolen or alleged to be stolen, shall take immediate
steps to secure the property, and it shall be marked "police stop."
Thereafter, such property shall not be sold or removed from the premises
until notification is made to the dealer, in writing, by the Chief
of Police or his agent, allowing such removal or sale.
B.
Every dealer in secondhand articles who shall have or receive any
articles alleged or supposed to have been lost or stolen shall exhibit
the same, on demand, to the Chief of Police or any authorized inspector
of licenses, to any police officer or to any person duly authorized
in writing by the Chief of Police to examine such articles, who shall
exhibit such written authority to the dealer.
A.
Every dealer in secondhand articles shall keep a bound book, in a
form prescribed by the Chief of Police, of consecutively numbered
transactions, in which shall be legibly written in English, at the
time of every purchase or sale to or from a person other than a licensed
dealer in secondhand articles, a description of every secondhand article
so purchased or sold; the number or numbers and any monograms, inscriptions
or other marks of identification that may appear on such article;
the name, residence and business address, if any, of the person from
whom such purchase was made or to whom such sale was made; and the
day and hour of the purchase or sale.
B.
Every dealer in secondhand articles who receives secondhand articles on consignment shall, in addition to Subsection A above, keep a record, in the above-prescribed book, describing the articles and the name and description of the person or dealer from whom such items are received.
C.
As between secondhand dealers, all transactions shall be recorded
in the above-prescribed book, and legible records shall be kept describing
each article in detail.
D.
Such books shall be kept on the business premises of the secondhand
dealership or at the place designated on the duly approved license
at all times during normal business hours. Such books shall be open
to the inspection of the Chief of Police, any police officer, any
inspector of licenses and any person duly authorized, in writing,
for such purposes by the Chief of Police, who shall exhibit such written
authority to the dealer.
E.
Duly licensed dealers in antique articles shall keep a record of
bulk purchases in the bound book, noting the invoice number on each
bulk purchase. All identifiable secondhand articles which are part
of the bulk purchase shall be entered individually in the ledger book
and reported individually to the Chief of Police within 72 hours after
such bulk purchase.
F.
Every dealer in secondhand articles shall make available all business
premises and any and all rooms or portions of rooms of the secondhand
dealership at all times during normal business hours and all articles
therein pertaining to said business for inspection by the Chief of
Police, any police officer, any inspector of licenses and any person
duly authorized, in writing, for such purposes by the Chief of Police,
who shall exhibit such written authority to the dealer.
G.
In addition to the bound book described in Subsection A above, every secondhand dealer shall legibly provide, in English, upon forms provided by the Police Department, all the information required in said Subsection A above. Such forms shall be completed by the dealer on a daily basis and delivered to the Police Department upon request.
A.
It shall be the duty of every secondhand dealer to verify the identity
of each person from whom he purchases any article to make and keep
a written record of the nature of the evidence submitted by such person
to prove his identity.
B.
Only the following shall be deemed acceptable evidence of identity:
any official document, except a social security account number card,
issued by the United States government, any state, county, municipality
or subdivision thereof, any public agency or department thereof or
any public or private employer, which requires and bears the signature
of the person to whom issued.
C.
It shall be the duty of every dealer in secondhand articles to require
that each person from whom an article is purchased sign his name in
the presence of the secondhand dealer and to compare the signature
with the signature on the identifying document and retain on his premises
the person's signature, together with the number and description
of the identifying document.
Any person violating any of the provisions of this chapter shall,
upon conviction, be punishable by a fine not to exceed $1,000 or by
imprisonment for a term not to exceed 15 days, or both.
No license issued under the provisions of this chapter shall
be transferable. Any holder of such license who permits said license
to be used by any other person, firm or entity, and any other person,
firm or entity who uses such a license, shall be deemed to be guilty
of a violation of this provision of this chapter.
