[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 3-7-1983 by L.L. No. 4-1983 (Ch. 104 of the 1981 Code). Amendments noted where applicable.]
Definitions. When used in this chapter, the following terms shall mean or include:
- DEALER IN SECONDHAND ARTICLES or SECONDHAND DEALER
- Any person who in any way, as principal, broker or agent:
- (1) 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 or currency, firearms, rifles, shotguns, cameras, business machines, musical instruments, outboard motors or electronic equipment.
- (2) Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise.
- (3) Deals in the commercial purchase or sale of collateral loan broker tickets or other evidence of pledged articles.
- The nearest police agency or any member or agent thereof having jurisdiction over the area in which the place of business of a dealer in secondhand articles is located.
- PRECIOUS METALS
- Gold, silver, platinum, iridium, ruthenium, osmium or any alloys of any one or more of said metals.
- The Village of Great Neck Estates.
Exceptions. Nothing contained in this chapter shall be construed to apply to:
Automobiles, automobile parts, pianos, books, magazines, rugs, tapestries, artists, burlaps, paintings, sculpture, drawings, etchings and engravings.
The first purchase or sale in the country of any imported secondhand article.
The acceptance or receipt of merchandise in a new condition as a return or 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.
The acceptance or receipt of merchandise in a used condition as a return, trade-in or 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.
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.
A thrift shop, as defined to be so classified under the United States Internal Revenue Code as entitled to an exemption as an eleemosynary corporation or institution.
Antiques, which shall mean secondhand articles over 75 years of age, having a value of less than $250 and devoid of any means of identification. "Identification" shall mean articles which are serialized, monogrammed, initialed or distinctly marked.
A charitable or religious organization, association or corporation which has acquired secondhand articles through donation or collection for the purpose of selling such articles or disposing of them by gift.
A garage sale conducted by a person not normally engaged in the business of conducting such sales.
It shall be unlawful for any person, association, partnership or corporation to act as a secondhand dealer, as defined in § 178-1 of this chapter, unless such secondhand dealer shall have complied with the provisions of this chapter and obtained the required license from the Mayor, for which license shall be paid to the Village a fee as set forth in Chapter 109, Fees, which license shall expire on June 30 of each year.
Every person, association, partnership or corporation licensed pursuant to this chapter shall, at the time of receiving such license, file with the Village Clerk, pursuant to Subsection A of this section, a bond to the Village, to be executed by the licensee and two responsible sureties, in the sum of $10,000. Such bond shall be approved by such Village Clerk and by the Village Attorney and shall be conditioned for the faithful performance of the licensee's duties and obligations pursuant to this chapter.
A license under this chapter shall be denied to any person:
Who has been convicted within five years prior to the application for such license, excluding any period of incarceration served as a sentence for such conviction, of any offense which under the laws of the State of New York would constitute any degree of a crime involving larceny or criminal possession of stolen property.
Who has been convicted of any other crime, except as otherwise provided by Article 23-A of the Correction Law.
Whose license under this chapter has been revoked at any time during the year prior to the time of the application for the license.
Whose license has been suspended under this chapter and the period of such suspension has not expired at the time of this application for the license.
Who is less than 18 years of age.
A license issued pursuant to this chapter may be revoked or suspended after notice by the Village Clerk when he has probable cause to believe that the licensee has committed any of the following:
The holder of any license which has been suspended or revoked and any applicant who shall have been denied a license under this chapter shall have the right, unless waived by him in writing, to notice of such action and to a hearing to review such action. Such notice and hearing shall be provided as follows:
Notice of the revocation, suspension or denial of a license shall be given in writing, setting forth specifically the grounds for such action, the right of the licensee or the applicant to a review hearing to be conducted by the Board of Trustees of the Village and the date, place and time of such hearing. Such notice shall be mailed, postage prepaid, by the Village to the licensee or license applicant at his last known address, not later than 10 nor more than 20 days prior to the date of the review hearing.
The Board of Trustees may designate two or more of its members to conduct said hearing as a review board. Such review board may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records and documents pertinent to the hearing.
The license applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or any other evidence in his own behalf as may be relevant to the subject matter of the hearing.
All witnesses shall be sworn and examined under oath. A stenographic record of the hearing shall be taken and preserved.
The review board, after such hearing, may affirm the denial, revocation or suspension of the license or it may order the Village Clerk to vacate such action and either issue, renew or restore the license, as is appropriate. The review board's decision shall be in writing and shall state the grounds therefor. Such decision shall be reviewable by a court of competent jurisdiction.
Every dealer in secondhand articles shall furnish to the police, at such times, in such manner and at such intervals as shall be specified by such police agency, all information requested by the police relative to all records required to be kept under this chapter. Such information shall be supplied on forms to be designated and supplied by the police.
It shall be unlawful for any dealer in secondhand articles to engage in selling activities at any place other than the place of business designated in his license.
It shall be unlawful for any dealer in secondhand articles to purchase any secondhand goods or things from any person whom he knows to be or has reason to believe is less than 18 years of age.
It shall be unlawful for any dealer in secondhand articles to sell, alter or dispose of any secondhand articles, except articles purchased from another duly licensed secondhand dealer, until the expiration of 15 business days after the acquisition by such dealer of such articles.
No person licensed as a secondhand dealer may engage in the business of a collateral loan broker, unless also licensed as a collateral loan broker pursuant to Article 5 of the General Business Law. No person licensed as a collateral loan broker shall engage in the business of a secondhand dealer unless also licensed as a secondhand dealer pursuant to this chapter. All persons licensed as both secondhand dealers and collateral loan brokers shall post a conspicuous notice, to be clearly visible to all customers entering each place of business of such licensee, stating that customers may freely choose to either pawn or sell property to the licensee.
It shall be unlawful for any person licensed as a secondhand dealer to deal in the purchase or sale of any junk, old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging, slush or empty bottles, or employ or use a boat, cart or other vehicle for the purpose of collecting any such things or materials, unless he is also licensed as a junk dealer therefor as provided for in and pursuant to Article 6 of the General Business Law.
If any article shall be advertised in any newspaper generally circulated in the county 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 give information relating thereto to the police. No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by the police. A dealer in secondhand articles, when notified by the police that property in his possession is stolen or alleged to be stolen, shall take immediate steps to secure that 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 police allowing such removal or sale.
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 police or any authorized inspector of licenses, to any police officer or to any person duly authorized in writing by the police to examine such articles who shall exhibit such written authority to the dealer.
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the police, or 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 dealer in secondhand articles, a description of every secondhand article so purchased or sold, the number or numbers of any monograms, inscriptions or other marks of identification that may appear on such article, a description of the articles or pieces comprising precious metals, coins, stamps or currency, any monogram, inscription or marks of identification thereon, the name and residence address of the person from whom such purchase was made and the day and hour of the purchase.
Every dealer in secondhand articles who receives secondhand articles on consignment shall 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.
As between dealers, all transactions shall be recorded in the above-prescribed book, and legible records shall be kept describing the articles, including a detailed description of all jewelry and costume jewelry.
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 and such business premises or place designated on the duly approved license shall be open to the inspection of the police or any inspector of licenses during normal business hours.
It shall be the duty of every secondhand dealer to verify the identity of every person from whom he purchases an article and to make and keep a written record of the nature of the evidence submitted by such person to prove his identity.
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.
It shall be the duty of every dealer in secondhand articles to require that every 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, if any, and retain on his premises the person's signature together with the number and description of the identifying document, if any, and the number of the transaction as required by § 178-6A of this chapter.
A failure to comply with this chapter shall constitute a violation under the Penal Law of the State of New York. Each such violation of the provisions of this chapter shall constitute a separate and distinct offense for each day such violation shall continue.
In addition to the above-provided penalties and punishment, the Village may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with the provisions of this chapter or to restrain by injunction an offense against this chapter.