DEALER IN SECONDHAND ARTICLES
Any person, firm or entity who in any way, as principal,
broker or agent:
A.
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.
B.
Accepts or receives secondhand articles as returns of merchandise
or in exchange for or for credits on any other articles or merchandise.
C.
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.
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.
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.
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.