Local Law No. 8 of 1987, entitled "A Local Law Providing for
the Licensing of Precious Metal and Coin Dealers," as amended by Local
Law No. 5 of 1997 and Local Law No. 2 of 2011, is hereby repealed
upon the effective date of this chapter.
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 Dutchess
that will curtail the distribution and facilitate the recovery of
stolen property. The opiate epidemic plaguing the nation has impacted
Dutchess 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:
ANTIQUES
Such items or collectibles recognized as such by established
dealer associations within the industry, other than items defined
as precious metals herein.
ANTIQUES DEALER
A person, corporation, partnership, association, limited
liability corporation or other entity that offers to the public for
sale antiques.
COMMISSIONER
The Dutchess County Commissioner of Behavioral and Community
Health.
GOODS
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.
IDENTIFICATION
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.
PRECIOUS METALS
Gold, silver, platinum, titanium, precious and semiprecious
stones, including coins, utensils, or objects of art containing one
or more of these metals.
RETAILER
A person, corporation, partnership, association, limited
liability corporation or other entity operating in Dutchess County
that offers to the public for sale goods, wares, or merchandise.
SECONDHAND DEALER
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, 2019, no person, corporation, partnership,
association, limited liability corporation or other entity shall operate
in Dutchess County as a secondhand dealer or hold themselves out as
a secondhand dealer without first being licensed by the Commissioner
as provided for herein:
A. Every person desiring to engage in any business as a secondhand dealer
in the County of Dutchess shall obtain a license therefor from the
Commissioner in accordance with and subject to the provisions of this
chapter.
B. Every licensee shall maintain a regular place of business within
the County of Dutchess or designate a local agent for the service
of process.
C. A licensee shall prominently display the license obtained pursuant
to this chapter in the establishment and visible to the general public.
If a licensee shall maintain more than one establishment within the
County of Dutchess, he/she shall obtain duplicate licenses.
D. No person who, within 15 years previous to applying for a license,
has been convicted of burglary, felony possession of stolen property,
grand larceny or forgery shall be eligible for a license.
E. When an application for a license is filed, the Commissioner shall inform the Dutchess County Sheriff of the filing and shall instruct the applicant in the procedure required by the Sheriff to perform a criminal background investigating through the New York State Division of Criminal Justice Services. The applicant shall comply with all federal, state, and local requirements necessary to authorize the Sheriff to conduct a criminal history investigation, including fees and consents if necessary. On obtaining the applicant's fingerprints and necessary fees, the Sheriff shall request a criminal history investigation through the New York State Division of Criminal Justice services. On receipt of the investigation, the Sheriff shall inform the Commissioner as to whether or not the applicant qualifies for a license pursuant to Subsection
D of this section. The contents of the investigation shall not be disclosed by the Sheriff.
F. Regular licenses shall expire two years from the date of issuance.
If a license hereunder shall be lost, stolen or destroyed, a
duplicate may be issued by the Commissioner on:
A. The filing of an affidavit satisfactorily explaining the facts of
such loss or theft; and
B. The payment of a $50 fee.
Nothing in this chapter shall be construed to apply to the following:
A. 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:
(1) The items offered for sale are owned by the seller, and/or the seller
is authorized by the owner to sell said items; and
(2) The garage sale does not exceed a period of seventy-two consecutive
hours; and
(3) The seller does not conduct more than three garage sales in any consecutive
twelve-month period; and
(4) None of the items offered for sale were purchased by the seller for
resale or received on consignment for purposes of resale.
B. The sale, or purchase, of a secondhand article by any nonprofit or
charitable organization or on property occupied by any nonprofit or
charitable organization.
C. The sale, or purchase, of secondhand books or magazines, wherever
sold.
D. The sale, or purchase, of secondhand articles at an auction held
by a licensed auctioneer.
E. The sale, or purchase, of used furniture, used clothing, or used
baby/children's items.
F. 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.
G. Any transaction involving the sale or disposal of secondhand articles
regulated by state or federal law.
H. Internet sales or purchases.
I. Antiques dealers shall be exempt from the provisions of this chapter,
except in the purchase of precious metals, as defined, 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.
J. 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, with the exception of precious metals as defined in this
chapter.
K. 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.
L. The sale, or purchase, of any secondhand article purchased or sold
outside of Dutchess County.
M. The purchase of secondhand articles by secondhand dealers from other
secondhand dealers that are regulated by this chapter.
N. Licensed firearms dealers.
O. 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
or business, including, but not limited to, articles in bulk lots.
P. Bulk transfers not in the ordinary course of transferor's business
as defined by the New York State Uniform Commercial Code § 6-102.
Applicants for a license pursuant to this chapter must file
with the Commissioner 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.
Upon filing of an application for a license, if the Commissioner, or designee, shall be satisfied that the application complies with the provisions of this chapter, the Commissioner, or designee, shall issue a license to operate as a secondhand dealer. The Commissioner shall approve or deny every application within 90 days from filing. In the event the location of the business changes, the licensee shall notify the Commissioner in writing. If there are changes among the principals, officers or operators of such business, the licensee shall notify the Commissioner and shall provide fingerprint information to the Dutchess County Sheriff's office pursuant to §
241-10 above. The form of this license shall be prescribed by the Commissioner.
A license issued pursuant to this chapter, unless voluntarily
surrendered or revoked, shall remain in effect for two years. In case
any secondhand dealer shall move his/her place of business from the
place designated in the license, he/she shall immediately thereupon
give notice to the Commissioner and have the same endorsed on the
license.
A licensee shall display prominently the license obtained pursuant
to this chapter in the establishment and visible to the general public.
If any section of this chapter of the application thereof to
any person or circumstance shall be adjudged invalid by the court
of competent jurisdiction, such order or judgment shall be confirmed
in its operation to the controversy in which it was rendered, and
shall not effect or invalidate the remainder of any other provision
or any section or the application of any part thereof to any other
person or circumstance, and to this end, the provisions of each section
of this chapter are hereby declared to be severable.
This chapter shall apply to all secondhand dealers operating
in Dutchess County.
This chapter shall become effective on June 1, 2019, subsequent
to filing in the office of the Secretary of State pursuant to the
applicable provisions of the Municipal Home Rule Law and shall apply
to all transactions occurring on or after June 1, 2019.