[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.]
A.
DEALER IN SECONDHAND ARTICLES or SECONDHAND DEALER
(1)
(2)
(3)
POLICE
PRECIOUS METALS
VILLAGE
Definitions. When used in this chapter, the following
terms shall mean or include:
Any person 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
or currency, firearms, rifles, shotguns, 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
collateral loan broker tickets or other evidence of pledged articles.[1]
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.
Gold, silver, platinum, iridium, ruthenium, osmium or any
alloys of any one or more of said metals.
The Village of Great Neck Estates.
B.
Exceptions. Nothing contained in this chapter shall
be construed to apply to:
(1)
Automobiles, automobile parts, pianos, books, magazines,
rugs, tapestries, artists, burlaps, paintings, sculpture, drawings,
etchings and engravings.
(2)
The first purchase or sale in the country of any imported
secondhand article.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
A garage sale conducted by a person not normally engaged
in the business of conducting such sales.
A.
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.[1]
B.
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.
D.
A license under this chapter shall be denied to any
person:
(1)
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.
(2)
Who has been convicted of any other crime, except
as otherwise provided by Article 23-A of the Correction Law.
(3)
Whose license under this chapter has been revoked
at any time during the year prior to the time of the application for
the license.
(4)
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.
(5)
Who is less than 18 years of age.
E.
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:
F.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
All witnesses shall be sworn and examined under oath.
A stenographic record of the hearing shall be taken and preserved.
(5)
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.
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 designated in his license.
B.
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.
C.
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.
D.
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.[1]
E.
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.
A.
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.
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 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.
A.
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.
B.
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.
C.
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.
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
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.
A.
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.
B.
Only the following shall be deemed acceptable evidence
of identity:
(1)
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 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.
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.[1]
B.
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.
