[HISTORY: Adopted by the Cayuga County Legislature 3-28-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
The purpose of this chapter is to provide for licensing of secondhand
dealers and to create a uniform, Countywide registration and recordkeeping
requirement for secondhand dealers located within the County of Cayuga
that will curtail the distribution and facilitate the recovery of
stolen property. The opiate epidemic plaguing the nation has impacted
Cayuga County causing an increase in property being stolen and exchanged
at secondhand dealer establishments. The Legislature finds and determines
pursuant to its police and home rule powers that the recordkeeping
requirements imposed herein are both reasonable and feasible to implement
and will assist the law enforcement community in tracing and recovering
secondhand articles as defined herein that are stolen property.
As used in this chapter, the following terms shall have the
meanings indicated:
Such items or collectibles recognized as such by established
dealer associations within the industry.
A person, corporation, partnership, association, limited
liability corporation or other entity that offers to the public for
sale antiques.
All things which are movable at the time of identification
to the transaction for sale other than the money in which the price
is to be paid.
An official document issued by the United States government,
or by any state, County, municipality, public agency or department
thereof, provided that such document contains a photographic image
of the holder.
Gold, silver, platinum, titanium, precious and semiprecious
stones and coins.
A person, corporation, partnership, association, limited
liability corporation or other entity operating in Cayuga County that
offers to the public for sale goods, wares, or merchandise.
Any goods sold at resale, except as specifically provided
for herein.
Any person, corporation, partnership, association, limited
liability corporation, and the agents, associates or employees thereof,
regularly engaged in the commercial exchange, purchase and/or sale
of secondhand articles.
Effective June 1, 2017, no person, corporation, partnership,
association, limited liability corporation or other entity shall operate
in Cayuga County as a secondhand dealer or hold themselves out as
a secondhand dealer without first being licensed by the Cayuga County
Sheriff as provided for herein.
A.
Nothing in this chapter shall be construed to apply to the following:
(1)
The sale, or purchase, 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 items offered for sale are owned by the seller, and/or the
seller is authorized by the owner to sell said items; and
(b)
The garage sale does not exceed a period of 96 consecutive hours;
and
(c)
The seller does not conduct more than three garage sales in
any consecutive twelve-month period; and
(d)
None of the items offered for sale were purchased by the seller
for resale or received on consignment for purposes of resale.
(2)
The sale or purchase of a secondhand article by any nonprofit or
charitable organization or on property occupied by any nonprofit of
charitable organization.
(3)
The sale or purchase of secondhand books or magazines, wherever sold.
(4)
The sale or purchase of secondhand articles at an auction held by
a licensed auctioneer.
(5)
The sale or purchase of used furniture, used clothing, or used baby/children's
items. The sale of electronics and games for electronics are not exempt
from the requirements of this chapter, but are exempt if sold at a
garage sale, yard sale, estate sale or moving sale as provided for
herein.
(6)
Any transaction involving the sale or disposal of secondhand articles
regulated by state or federal law.
(7)
Internet sales or purchases.
(8)
The sale or purchase of secondhand articles at antique shows, flea
markets, or trade shows, where such shows are advertised and/or promoted
as such.
(9)
Used car dealers, unless a used car dealer receives or accepts anything
of value other than cash or another used vehicle as a down payment,
part payment or full payment on, of, or for the sale of a used vehicle.
In the event that any used car dealer accepts or advertises or holds
himself or herself out as willing to accept anything of value other
than cash or another used vehicle as a down payment, part payment
or full payment on, of or for any used vehicle sold by him or her,
such used car dealer shall conclusively be presumed, held and construed
to be a secondhand dealer for all purposes and subject to all regulations
herein.
(10)
The sale or purchase of any secondhand article purchased or
sold outside of Cayuga County.
(11)
The purchase of secondhand articles by secondhand dealers from
other secondhand dealers that are regulated by this law.
(12)
Retailers shall be exempt from the provisions of this chapter,
provided that their gross retail sales are comprised of less than
20% of secondhand articles.
(13)
The licensing authority may provide for an exemption from the
requirements of this section, or establish additional or different
requirements concerning the description of any property purchased
by a secondhand dealer, upon consideration of the nature of the property,
transaction of business, including, but not limited to, articles in
bulk lots.[1]
B.
Antiques dealers shall be exempt from the provisions of this article,
provided that the following conditions are met:
(1)
At least 80% of the secondhand articles purchased by the antiques
dealer for resale are purchased from estates, moving sales, auctions,
antique shops, antique shows, flea markets, or in bulk lots; and
(2)
The antiques dealer has an established antiques shop advertised and
promoted as such and maintains a regular schedule of open hours; or
(3)
The antiques dealer exhibits at least twice a year at established
advertised and/or promoted antiques shows in the United States; or
(4)
The antiques dealer is a private dealer working from home and/or
nonretail locations by appointment or invitation and provided that
such private dealer offers for sale an inventory of primarily, by
count, merchandise fitting definitions of antiques or collectibles
as recognized by established dealer associations and/or promoters,
has never been convicted of any crime related to the possession of
or sale of stolen goods of any sort, and has applied for and been
granted a New York State resale number for collection and submission
of sales tax.
Applicants for a license pursuant to this chapter must file
with the Cayuga County Sheriff's office an application, supplied by
such office, containing the following information:
A.
The exact name, address, and telephone number of the applicant and
the principals and officers thereof and the date of incorporation
or organization, as applicable; and
B.
The name, business address, residential address, and telephone number
of the operator of such business if other than the applicant; and
C.
The address and telephone number where the business is to be conducted;
and
D.
The days and hours during which such business will be customarily
open to the public; and
E.
A certification that the applicant, including its principals and
officers have not been convicted within the immediately preceding
10 years of a crime involving theft, larceny, burglary, possession
of stolen property, or other fraudulent dealing.
Any and all fees associated with the application for a license
and/or renewal license to operate as a secondhand dealer shall be
assumed by the Cayuga County Sheriff's office and the Cayuga County
District Attorney's office.
A.
Each applicant applying for a secondhand dealer license pursuant
to this chapter, including any principals and officers, shall be required
to provide fingerprint information to the Cayuga County Sheriff's
office as necessary to obtain a criminal history record check through
the New York State Division of Criminal Justice Services/FBI for such
applicant.
B.
The applicant's fingerprints and any applicable fees shall be forwarded
to the Division of Criminal Justice Services (DCJS) in the form and
manner as prescribed by DCJS for a complete criminal background check.
All fees associated with fingerprint submission will be paid for by
asset forfeiture funds and not the responsibility of the applicant.
C.
Prior to the issuance of a license, the Cayuga County Sheriff, or
the Detective Lieutenant of the Cayuga County Sheriff's Office Criminal
Investigation Division, will review the criminal history record information
provided by DCJS in connection with the applicant's criminal background
and investigation and will either approve or disapprove said application.
D.
If an applicant has been convicted of a crime, any decision regarding
such applicant's fitness for a license will be made upon consideration
of New York State Correction Law §§ 701 to 703-b and
§§ 751 to 753.
Upon filing of an application for a license, if the Sheriff, or designee, shall be satisfied that the application complies with the provisions of this chapter, the Sheriff, or designee, shall issue a license to operate as a secondhand dealer. The Sheriff shall approve or deny every application within 90 days from filing. In the event the location of the business changes, licensee shall notify the Sheriff, in writing. If there are changes among the principals, officers or operators of such business, licensee shall notify the Sheriff and shall provide fingerprint information to the Cayuga County Sheriff's office pursuant to § 218-7 above. The form of this license shall be prescribed by the Sheriff.
A.
The Cayuga County Sheriff shall have the authority to deny the application
for a license of any applicant where such applicant, including the
principals or officers thereof, has been convicted within the immediately
preceding 10 years of a crime involving theft, larceny, burglary,
possession of stolen property, other fraudulent dealing, or any felony
offenses related to New York State Penal Law Articles 220 and 221.
B.
The Cayuga County Sheriff may revoke any license granted herein in
the following situations:
(1)
Where the secondhand dealer is convicted of a crime involving theft, larceny, burglary, possession of stolen property, other fraudulent dealing, or any felony offenses related to New York State Penal Law Articles 220 and 221, or of a violation of this chapter, as provided for in § 218-14 below.
(2)
Where the secondhand dealer has made a false statement in connection
with its application;
C.
Notice of denial or revocation of a license issued pursuant to this
chapter shall be given by the Sheriff or his designee, in writing,
setting forth specifically the grounds on which such license was either
denied or revoked with opportunity to be heard. Such notice shall
be transmitted by certified or registered mail. Such denial or revocation
may be challenged in a special proceeding conducted pursuant to Article
78 of the New York State Civil Practice Law and Rules. Pending the
outcome of such special proceeding regarding the Sheriff's denial
or revocation of a license, no person shall operate as a secondhand
dealer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A license issued pursuant to this chapter, unless voluntarily
surrendered or revoked, shall remain in effect for the lifetime of
the corporation, partnership, association, limited liability corporation
or other entity. In case any secondhand dealer shall move his place
of business from the place designated in the license, he shall immediately
thereupon give notice to the Cayuga County Sheriff's office and have
the same endorsed on the license.
Every secondhand dealer shall cause the secondhand dealer license
to be prominently displayed at said secondhand dealer's place of business
or shall exhibit said license upon request of any individual.
A.
Seller information.
(1)
Except as otherwise provided herein, no secondhand dealer operating
within Cayuga County shall acquire any secondhand article unless such
secondhand dealer has obtained and recorded the following information
from the seller of goods or from the person in the position of the
seller of the goods:
(a)
The amount paid, advanced, or loaned for the article;
(b)
A detailed and accurate description of the article including
any identifying marks;
(c)
The serial and model number (if any);
(d)
In the case of precious metals, jewelry, and gems, a photograph
of the article;
(f)
The date, time and place of the acquisition.
(2)
The information obtained shall be recorded on a written receipt,
which receipt shall be numbered in consecutive order and maintained
in the secondhand dealer's records as provided for herein.
B.
Identification information. Prior to acquiring any secondhand article,
every secondhand dealer shall request and review identification from
the seller to verify the seller's identity by comparing the seller
to the photographic image contained on said identification. The secondhand
dealer shall record the seller's name, date of birth and address (or
current address if different than that listed on the identification),
and the identification number (e.g., motorist ID number) listed on
the identification. The secondhand dealer shall make a photocopy or
photograph of the front of the identification. If the acquisition
is made from a seller who is also a secondhand dealer, the secondhand
dealer purchasing the item shall also record the business name and
address of such seller and a statement by such seller regarding the
number of days the item was held by such seller prior to instant acquisition.
C.
Records retention/inspection.
(1)
Every secondhand dealer shall maintain for a period of five years all of the information required in Subsections A and B of this section. Computerized records may be used to satisfy the requirements of this chapter, provided that such records include the required information and are available upon reasonable request for inspection in printed format.
(2)
All records required by this chapter and each secondhand article shall be subject to examination during such times and in such areas of the business that are open to the public by a member of the Cayuga County Sheriff's office or other police department or law enforcement agency. Consent to such examination shall be a condition of obtaining and retaining the secondhand dealer license; provided, however, that a revocation of such consent by the secondhand dealer shall not result in a criminal penalty or violation, as provided for in § 218-14 of this chapter. In the event that a secondhand dealer revokes the consent to examine such records and secondhand articles, the license granted herein may be revoked by the Sheriff. Nothing in this chapter shall diminish or alleviate the need for voluntary consent or a warrant to search a residence or other location not open to the public.
(3)
Every secondhand dealer shall forward to the Cayuga County Sheriff's office, in electronic format approved by the Sheriff, a copy of records for all transactions (acquisitions) and a copy of the seller information required by Subsections A and B of this section for each secondhand article acquired in the immediately preceding 72 hours. The required electronic format shall be through Leads Online, www.leadsonline.com. Every secondhand dealer shall register with Leads Online and shall utilize Leads Online to enter the required records. Photographs of precious metals, jewelry and gems shall be required to be transmitted with these forms. The licensing authority may grant exemptions from the requirement of submitting such statements in an electronic format for good cause shown.
A.
For a period of seven days after the acquisition of any secondhand
article, excluding the day of acquisition (the "holding period"),
every secondhand dealer shall maintain the secondhand article in a
manner so as to be easily identified with the record documenting the
transaction in which said article was acquired. During the holding
period, no secondhand dealer shall:
B.
As a condition of licensing, the secondhand dealer shall agree to
hold, for a period of 72 hours, any secondhand article, where a police
officer has notified the secondhand dealer that law enforcement suspects
that the article is stolen property. The seventy-two-hour hold period
shall commence at the time of said notification. During the holding
period, no secondhand dealer shall:
C.
As a condition of licensing, any secondhand dealer who purchases, sells or offers for sale new articles shall obtain those new articles only from an authorized retailer or wholesaler who has been directly appointed by the manufacturer or distributor to sell directly to a consumer. Nothing in this Subsection C shall prohibit the purchase or sale of new items obtained from individuals who sell less than three of an identical or same type of article within any calendar year.
Any secondhand dealer who fails to comply with the provisions of §§ 218-3, 218-5, 218-7, 218-12A, B, C(1) and 218-13 of this chapter shall, upon conviction thereof, be guilty of a Class A misdemeanor as defined in § 55.10 of the Penal Law of the State of New York as may be amended from time to time. Any secondhand dealer who fails to comply with the provisions of §§ 218-8, 218-11, and 218-12C(3) of this chapter shall, upon conviction thereof, be guilty of a Class B misdemeanor as defined in § 55.10 of the Penal Law of the State of New York as may be amended from time to time; provided, however, that a secondhand dealer's failure to consent to a search of the premises as provided for in § 218-12C(1) of this chapter shall not be punishable as a crime.
If any provision, sentence or clause of this chapter 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.
This chapter shall apply to all secondhand dealers operating
in Cayuga County, except that this chapter shall be inapplicable in
any city, village or town, during such time as such city, village
or town is regulating or licensing the occupation or business in question.
This chapter shall become effective June 1, 2017, and shall
be filed pursuant to the provisions of the Municipal Home Rule.
