Pursuant to the provisions of the New York State Constitution, the Municipal Home Rule Law, the General Municipal Law and the Village Law, all as amended, the Board of Trustees of the Village of Sea Cliff is empowered to enact local laws licensing and regulating occupations and the conduct of business to protect and promote the health, safety, morals or the general welfare of the community. Therefore, the Board of Trustees of the Village of Sea Cliff enacts Chapter
101 into the Code of the Village of Sea Cliff, entitled "Secondhand Dealers."
Applicants for a license under this chapter must file with the Village
Clerk of the Village of Sea Cliff, an application, supplied by the Village
Clerk, containing the following information:
A. Name 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 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.
B. Address of the applicant (local and legal).
C. That the applicant is of legal age.
D. 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.
E. A description of the exact type of business the applicant
intends to conduct.
F. The name and address of the owner or owners of the land
and the nature of the right of occupancy of applicant to the uses of such
land.
G. If applicant is a corporation, name, address and title
of officer of corporation upon whom process or other legal notice may be served.
Every dealer in secondhand articles shall furnish to the Police Commissioner
of Nassau County or his agent at such times, in such manner and at such intervals
as shall be specified by the Police Commissioner, all information requested
by the Police Commissioner 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 Commissioner. Duly licensed dealers in antiques
shall furnish daily reports of purchases of secondhand articles within 72
hours of the purchase or the receipt of such articles in the Village of Sea
Cliff, whichever shall be later.
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 of the nature of such articles.
It shall be the duty of any police officer of the County of Nassau to
require any person seen dealing in secondhand articles and who is not known
by such police officer to be duly licensed, to produce or display his secondhand
dealer's license and to enforce the provisions of this chapter against any
person found to be violating the same.
The Village Clerk of the Village of Sea Cliff shall record all convictions
for violations of this chapter which are officially brought to the attention
of the Clerk by any authorized agency or person.
Whenever it shall be provided herein that a hearing shall or may be
held with respect to any matter:
A. Such hearing shall be held on a date, at a place and
hour designated by the Board of Trustees.
B. The Village Clerk shall give notice thereof, stating
the name and address of the applicant or license holder concerned, the subject
matter of the hearing and the date, place and hour thereof designated therefor,
by mailing a copy thereof to the applicant or license holder concerned at
the address shown on the most recent application of such applicant or licensee,
at least 10 days before such hearing.
C. If an applicant or licensee requests a hearing, the Board
of Trustees shall designate two or more members of the Board of Trustees to
conduct said hearing as a Review Board.
D. The applicant or license holder involved shall be entitled
to be represented by legal counsel and to present such competent and material
testimony or other evidence in his own behalf as may be relevant to the subject
matter of the hearing.
E. All witnesses shall be sworn and examined under oath.
This chapter shall take effect in accordance with the provisions of
the Municipal Home Rule Law.