[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 12-8-1980 by L.L. No. 7-1980. Amendments noted where applicable.]
Garage sales — See Ch. 115.
Peddling and soliciting — See Ch. 159.
Used car dealers — See Ch. 200.
Zoning — See Ch. 210.
Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this chapter were originally designated as Ch. 28.
As used in this chapter, the following terms shall have the meanings indicated:
- DEALER IN SECONDHAND ARTICLES
- 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 merchandises; or
- (3) Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.
Nothing in this chapter shall be construed to apply to:
Automobiles, 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, or 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, or 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, entitled to an exemption as an eleemosynary corporation or institution.
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.
It shall be unlawful for any person or persons, firm or corporation to act as a dealer in secondhand articles without first obtaining and having in force and effect a license therefor issued by the Board of Trustees. Applicants for such a license must file with the Village Clerk an application, supplied by the Village Clerk, containing the following information:
The name, age, residence address and description of the applicant. Individuals operating under a trade name must present a certified copy of the trade name certificate filed in the Nassau County Clerk's office. A partnership conducting business, whether or not under a trade name, must submit a certified copy of the partnership certificate filed in the Nassau County Clerk's office when the partnership was formed. A corporation must furnish a photostatic copy of the filing receipt for the certificate of incorporation from the New York State Secretary of State. A corporation from outside New York State must furnish a photostatic copy of its application for authority to do business in New York State from the New York State Secretary of State.
That the applicant is a citizen of the United States and whether citizenship was obtained by birth or naturalization and, if by naturalization, the date and place where obtained. The naturalization certificate or permanent board of elections personal registration card may be used as proof of citizenship.
A statement as to whether or not the applicant has ever been convicted of or is now under charge of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor and such other facts or evidence as is deemed necessary to establish that the applicant is a person fit and capable of properly conducting the activity or business for which the license is sought.
A description of the exact type of business the applicant intends to conduct.
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land.
If the applicant is a corporation, the name, address and title of an officer of the corporation upon whom process or other legal notice may be served.
A copy of the applicant's fingerprints shall be mailed to the Division of Criminal Justice Services, Albany, New York, requesting a fingerprint search.
[Amended 12-9-1996 by L.L. No. 3-1996]
Such license shall be issued as of March 1 of each year and shall expire on the last day of February next succeeding, unless sooner suspended or revoked. A license fee in the amount established by the Board of Trustees by duly adopted resolution shall be charged for each license. No license fee shall be prorated. A new application for a license must be made yearly if the licensee desires to continue such activities. All licenses shall be placed and at all times displayed in a conspicuous place at the licensee's place of activity of the business for which it is issued. Each license is personal to the licensee and does not go with title to the land or business, nor may it be sold, assigned, transferred or disposed of.
Upon the receipt of the license application by and payment of the required fee to the Village Clerk and upon the approval of the application by the Board of Trustees, the Village Clerk shall prepare and deliver the license to the applicants. Each license shall be signed by the Village Clerk at the direction of the Board of Trustees and sealed with the Village Seal. However, no license shall be granted under this chapter to any dealer in secondhand articles:
Who has been convicted of any offense which, under the laws of the State of New York, constitutes a crime involving moral turpitude;
Who has been found by any court of the state to have practiced any fraud, deceit or misrepresentation in the conduct of the secondhand dealer business, unless the Board of Trustees shall decide in any particular case upon the facts there presented that it is proper to issue the license applied for;
Whose license under this chapter has been revoked at any time during the year prior to the time of the application for license; or
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.
Every dealer in secondhand articles shall furnish to the Commissioner of Police or his agent, at such times, in such manner and at such intervals as shall be specified by the Commissioner of Police, all information requested 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 Commissioner of 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 such license.
To purchase any secondhand goods or things from any person whom he knows to be or has reason to believe is a minor.
To purchase any secondhand goods or articles from any person between the hours of 10:00 p.m. and 7:00 a.m.
To sell or dispose of any secondhand articles until the expiration of 15 business days after the acquisition by such dealer of such articles.
To be licensed as a pawnbroker or to engage in the business of a pawnbroker.
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 to 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.
To deal in the purchase or sale of secondhand motor vehicles or parts therefrom, the processing of used metals for resale and the dumping, storage, burning and disposal of waste, secondhand or used materials of whatever composition.
If any articles shall be advertised in any newspaper printed or distributed in the Incorporated Village of Bellerose 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 Commissioner of Police or his agent. No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by the Commissioner of Police or his authorized agent. A dealer in secondhand articles, when notified by the Commissioner of Police or his agent 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 Commissioner of Police or his agent, 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 Commissioner of Police or any authorized inspector of licenses, to any police officer or to any person duly authorized in writing by the Commissioner of Police to examine such articles, who shall exhibit such written authority to the dealer.
Every dealer in secondhand articles shall keep a book 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 and any monograms, inscriptions or other marks of identification that may appear on such article, a description of the articles or pieces comprising old gold, silver, platinum, other metals or coins, stamps or currency and 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. 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 shall be open to the inspection of any police officer or any person duly authorized in writing for such purposes by the Commissioner of Police, who shall exhibit such written authority to the dealer.
It shall be the duty of every dealer in secondhand articles:
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.
To require that every person from whom an article is purchased sign his name in the presence of the secondhand dealer and retain on his premises the person's signature, together with the number and description of any identifying documents.
The Board of Trustees may revoke or suspend a license issued hereunder for any of the following reasons:
Fraud, misrepresentation or false statement contained in the application for the license.
Any violation of this chapter.
Conviction of any crime or offense involving moral turpitude.
Conducting the activity as a dealer in secondhand articles in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
For a violation of any provision of this chapter, each offender shall be liable for and shall pay a fine not exceeding $250 or shall be liable to imprisonment for a period not exceeding 30 days, or shall be liable to both fine and imprisonment for each and every offense; and such violation shall constitute disorderly conduct, and the person violating the same shall be a disorderly person.
In addition to the above-provided penalty, the Board of Trustees also may maintain an action or proceeding in the name of the Incorporated Village of Bellerose 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.