[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 11-16-1981 by L.L. No. 3-1981. Amendments noted where applicable.]
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."
A.
DEALER IN SECONDHAND ARTICLES
(1)
(2)
(3)
GEM
PERSON
RETAIL VALUE
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
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, gems, 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 pawnbroker tickets or other
evidence of pledged articles.
A precious or semiprecious stone, either uncut or cut and polished
for an ornament, or any object containing such a stone.
An individual, firm, company, partnership, corporation, trust or
association.
The price at which an item or article is sold by a dealer.
B.
Exceptions. Nothing contained in this chapter shall be
construed to apply to:
(1)
Automobiles, pianos, books, magazines, rugs, tapestries,
artist's 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, 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 sale or exchange of such merchandise as "used merchandise."
(4)
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.
(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, entitled to an exemption as an eleemosynary
corporation or institution.
(7)
"Antiques," which shall mean secondhand articles over
50 years of age, having a retail value of less than $250 and void of any means
of identification. "Identification" shall mean articles which are serialized,
monogrammed, initialed or distinctly marked.
(9)
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.
(10)
A garage sale conducted by a person not normally engaged
in the business of conducting such sales.
C.
Proof. The burden of proof that an article was originally
purchased from the person accepting or receiving it, that it was the first
subsequent sale or exchange thereof to a person other than an ultimate consumer
or that it was a first sale at retail of such factory-rebuilt merchandise,
shall be upon the person asserting the same. Evidence of an existing trade
practice in the Village of Sea Cliff or the Town of Oyster Bay, if any, shall
be admissible for the purpose of determining whether or not merchandise is
in new or used condition.
D.
Severability. If any clause, sentence, section, paragraph
or provision of this chapter shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the remainder
of this chapter, but shall be confined in its operation to the clause, sentence,
section, paragraph or provision directly involved in the controversy in which
such judgment shall have been rendered.
E.
Disclaimer of liability. This chapter shall not create
any liability on the part of the Village of Sea Cliff, its officers, agents
or employees, the Nassau County Police Department, its officers, agents or
employees, for any act or damage caused as a result from reliance on this
chapter or any administrative decision lawfully made thereunder.
A.
It shall be unlawful for any person to act as a dealer
in secondhand articles without a license therefor.
C.
A general license shall authorize the licensee to act as a secondhand dealer with respect to all articles other than secondhand automobiles, within the Village of Sea Cliff during the license period specified in § 101-4B of this chapter.
D.
A management license shall authorize the licensee, who
is not a dealer in antiques or unique secondhand articles, to operate and
manage an antique or unique secondhand article exposition where such antiques
or unique secondhand articles are sold at any fair, show or exhibit or any
place where this merchandise is offered for sale within the Village of Sea
Cliff during a period of one month from the date of issuance of such license.
E.
An exposition license shall authorize a dealer in antiques
or unique secondhand articles who maintains no place of business within the
Village of Sea Cliff to exhibit and sell such articles at any fair, show or
exposition within the Village of Sea Cliff during a period of one month from
the date of issuance of such license.
F.
Where a license for the retail sale of merchandise is
issued under another provision of the Code of the Incorporated Village of
Sea Cliff or by resolution of the Board of Trustees, the Board of Trustees
shall have the right to waive any or all of the provisions of this chapter
as part of the license otherwise issued.
B.
All general licenses shall expire on the first day of
October next succeeding the date of issuance thereof, unless sooner revoked
or suspended. A new application for a license must be made yearly if the licensee
desires to continue such activity.
C.
All licenses shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business for
which it is issued.
D.
All licenses are personal with the licensees. It does
not go with title to the land nor may it be sold, assigned, transferred or
disposed of.
E.
Any license may be revoked or suspended by the Board of Trustees of the Village of Sea Cliff after a hearing thereon pursuant to the provisions of § 101-18 herein, at which time the licensee shall have an opportunity to be heard.
F.
The granting, refusal, revocation or suspension of any
license by the Board of Trustees shall be subject to review by certiorari
after the applicant or licensee has exhausted all administrative remedies.
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.
A.
Upon receipt of the license application and upon the
approval by the Village Clerk of the Village of Sea Cliff and the payment
of the prescribed fees required of the applicant, the Village Clerk shall
prepare and deliver to the applicant his license.
B.
Every license issued hereunder shall be signed at the
direction and in the name of the Village Clerk and sealed with the Seal of
the Village of Sea Cliff.
C.
The Village Clerk shall keep a record of all licenses
issued, as well as any other matters herein described.
D.
No license shall be granted under this chapter to any
dealer in secondhand articles:
(1)
Who has been convicted of any offense which, under the
laws of the State of New York, constitutes a crime involving moral turpitude.
(2)
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 Village Clerk, after Board of Trustees approval,
shall decide in any particular case upon the facts there presented that it
is proper to issue the license applied for.
(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.
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.
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 such 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 a minor.
C.
With the exception of duly licensed dealers in antiques,
it shall be unlawful for any dealer in secondhand articles to purchase any
secondhand goods or articles from any person between the hours of 10:00 p.m.
and 7:00 a.m.
D.
It shall be unlawful for any dealer in secondhand articles to sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly licensed in the State of New York until the expiration of 10 business days after the acquisition by such dealer of such articles. Duly licensed dealers in antiques may sell or dispose of secondhand articles during a period of time prior to the expiration of the said 10 days mentioned above, provided that the required record of purchases and sales are met pursuant to § 101-11 hereof.
E.
It shall be unlawful for any dealer in secondhand articles
to be licensed as a pawnbroker or to engage in the business of a pawnbroker,
nor shall any sign or emblem be displayed by any such dealer in or about the
premises where such business is conducted which in any way resembles the sign
or emblem commonly used by pawnbrokers or which is intended to give the appearance
that the business conducted on such premises is or is connected with the business
of a pawnbroker.
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.
A.
If any articles shall be advertised in any newspaper
printed in the County of Nassau 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 Commissioner of Nassau County or his agent. No disposition of
such articles shall be effected until authorization to do so shall be given
to such dealer by the Police Commissioner or his authorized agent. A dealer
in secondhand articles, when notified by the Nassau County 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
Police Commissioner of Nassau County or his agent, 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 Commissioner of Police of Nassau County,
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.
A.
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the Commissioner of Police of Nassau County, of 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 and any monograms, inscriptions or other marks of identification that may appear on such article, a description of the articles or pieces listed in Subsection (1) of the definition of "dealer in secondhand articles" in § 101-2A and any monogram, inscription or marks of identification thereon, the name and residence address of the person from whom such purchase was made or to whom such article was sold and the day and hour of the purchase or sale. Anything herein contained or in § 101-7 to the contrary notwithstanding, a dealer shall not be required to furnish to the Commissioner the name and residence address of the buyer of reportable articles unless the Commissioner reasonably believes such article has been lost or stolen.
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
such items are received from.
C.
All transactions between dealers 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 shall be open
to the inspection of any police officer, to the Commissioner of Police of
Nassau County, or any inspector of licenses, or any person duly authorized
in writing for such purposes by the Commissioner of Police of Nassau County,
who shall exhibit such written authority to the dealer.
E.
Duly licensed dealers in antique articles shall keep
a record of bulk purchases in the bound book noting the invoice number on
each bulk purchase. All identifiable secondhand articles which are part of
the bulk purchase shall be entered individually in the ledger book and reported
individually to the Nassau County Police Commissioner within 72 hours after
such bulk purchase.
F.
Every dealer in secondhand articles shall make available
all business premises and any and all rooms or portions of rooms thereof of
the secondhand dealership at all times during normal business hours and all
articles therein pertaining to the said business for inspection by the Commissioner
of Police of Nassau County or any inspector of licenses, or any person duly
authorized in writing for such purposes by the Commissioner of Police of Nassau
County who shall exhibit such written authority to the dealer.
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. When the purchase is made at a garage sale or tag sale at
a private residence, if the seller refuses to give and sign his name upon
request, it shall be sufficient compliance with this subdivision if the purchaser
records the address at which the purchase was made and the date of purchase
even though the name and signature are not obtained.
A.
A failure to comply with any section or sections of this
chapter shall constitute a violation and shall be punishable by a fine not
exceeding $250 or by imprisonment for a period not exceeding 15 days, or by
both such fine and imprisonment. The continuation of an offense shall constitute
a separate and distinct violation hereunder for each day the offense is continued.
B.
Conviction of any person or persons for any offense against
the provisions of this chapter shall constitute and effect an immediate forfeiture
of any and all licenses issued pursuant to this chapter to said person or
persons.
C.
In addition to the above-provided penalties and punishment,
the Board of Trustees also may maintain an action or proceeding in the name
of the Village of Sea Cliff 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.
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.
A.
A license issued under the provisions of this chapter
may be revoked or suspended by the Village Clerk after notice for any of the
following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for the license.
(2)
Any violation of this chapter.
(3)
Conviction of any crime or offense involving moral turpitude.
(4)
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.
A.
The holder of any license which has been suspended or
revoked and any applicant who shall have been denied a license under this
chapter may apply for a review of the action of the Village Clerk as hereinafter
provided:
(1)
Such application shall be in writing, signed and acknowledged
by the applicant, and shall state the ground or grounds on which the applicant
claims that the determination of the Village Clerk was erroneous.
(2)
Such application shall be filed with the Village Clerk
by the applicant within 20 days after notice of denial of his application
or notice of suspension or revocation of his permit by the Village Clerk has
been mailed to him or delivered to him in person.
(3)
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 101-18 hereof.
(4)
At such hearing, the Review Board shall consider the
applicant's application upon the record before the Village Clerk in connection
with the Village Clerk's consideration thereof and, in its discretion, receive
new or additional evidence in support thereof or in opposition thereto.
B.
The Review Board, after such hearing, may affirm the
action of the Village Clerk or direct the Village Clerk to issue a proper
license pursuant to this chapter.
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.
