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:
A.
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, currency, firearms, cameras, business
machines, musical instruments, outboard motors or electronic equipment.
B.
Accepts or receives secondhand articles as returns of merchandise or
in exchange for or for credits on any other articles or merchandise.
C.
Deals in the commercial purchase or sale of pawnbroker tickets or other
evidence of pledged articles.
Nothing contained in this chapter shall be construed to apply to:
A. Automobiles, pianos, books, magazines, rugs, tapestries,
artists' burlaps, paintings, sculpture, drawings, etchings and engravings.
B. The first purchase or sale in the country of any imported
secondhand article.
C. The acceptance or receipt of merchandise in a new condition
as a return, 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."
D. The acceptance or receipt of merchandise in a used condition
as a return, trade-in, 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.
E. 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.
F. 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.
G. 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.
The burden of proof that an article or transaction complies with §
109-2 above shall be upon the person asserting the same. Evidence of an existing trade practice in the Village, if any, shall be admissible for the purpose of determining whether or not merchandise is in "new" or "used" condition.
No person shall act as a dealer in secondhand articles without first
obtaining a license therefor.
Every person licensed as a dealer in secondhand articles who also sells
new articles within the licensed premises shall label all new articles in
such manner that the public will be informed as to whether any particular
article is new or secondhand.