[HISTORY: Adopted by the Board of Trustees of the Village of Rockville
Centre as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-22-1971 by L.L. No. 1-1971
as Ch. 75, Art. I, of the 1971 Code]
No person shall engage in the business commonly known as the "junk business"
or in buying or gathering in the streets or public places of the Village,
or offering to buy or gather, any personal property or articles of merchandise
commonly referred to as "junk," without first obtaining an annual license
therefor.
[Amended 12-4-1972]
The fee for any license required by the provisions of this article shall
be at the levels fixed from time to time by resolution of the Board of Trustees
of the Village of Rockville Centre.
[Adopted 12-8-1980 by L.L.
No. 15-1980]
A.
DEALER IN SECONDHAND ARTICLES
(1)
(2)
(3)
Definitions. As used in this article, 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, 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.
B.
Exceptions. Nothing contained in this chapter shall be
construed to apply to the following:
(1)
Automobiles, pianos, books, magazines, rugs, tapestries,
artists' burlap, 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 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 value of less than $250 and void of any means of identification.
Identification shall mean articles which are serialized, monogrammed, initialed
or distinctly marked.
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 Rockville Centre, if any, shall be admissible for
the purpose of determining whether or not merchandise is in new or used condition.
D.
Interpretation. In interpreting and applying the provisions
of this chapter, the rule of interpretation applicable to remedial legislation
shall be used so that the spirit and intent of this chapter shall be observed.
All provisions shall be considered as minimum requirements and deemed neither
to limit nor repeal any other powers granted to the Village of Rockville Centre
under New York State statutes.
E.
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.
F.
Disclaimer of liability. This chapter shall not create
any liability on the part of the Village of Rockville Centre, its officers,
agents or employees or the Rockville Centre Police Department, its officers,
agents or employees, for any act or damage caused as a result of reliance
on this chapter or any administrative decision lawfully made thereunder.
No person shall act as a dealer in secondhand articles without obtaining a license therefor in accordance with the provisions of Chapter 222 of the Code of the Village of Rockville Centre.
The fee for any license required by the provisions of this article shall
be at the levels fixed from time to time by resolution of the Board of Trustees
of the Village of Rockville Centre.
Every dealer in secondhand articles shall furnish to the Police Commissioner
of Rockville Centre, 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.
A.
No dealer in secondhand articles shall carry on business
without a license or at any other place than the one designated in his license.
B.
No dealer in secondhand articles shall purchase any secondhand
goods, articles or things whatsoever between the hours of 9:00 p.m. and 7:00
a.m.
C.
No articles or things except household furniture, curtains,
carpets, stoves, kitchen utensils, office furniture, automobiles, motor and
other vehicles, machinery, belting, building materials and barrels or other
articles or things that have already been kept by a dealer or pawnbroker for
a period of time in accordance with the provisions of this chapter or have
been received from persons, firms or corporations known to be jewelers, dealers,
banking institutions, executors or administrators shall be sold or disposed
of by any dealer in secondhand articles until the expiration of 15 days after
such purchase or redemption, and no such dealer shall receive any article
by way of pledge or pawn or employ any subterfuge for receiving goods as security
for the advancement of money.
D.
No dealer in secondhand articles, while licensed as such,
shall be licensed as pawnbroker or junk dealer, nor shall any sign or other
device or subterfuge be displayed, used or employed by any dealer in secondhand
articles in or about the premises where such business is conducted, which
in any way resembles the emblem or sign 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 and calculated to so
mislead; nor shall there be any sign displayed which is calculated to deceive.
E.
No dealer in secondhand articles shall purchase from
a person less than 18 years of age.
[Added 11-9-1981 by L.L.
No. 6-1981]
[Amended 5-16-1983 by L.L.
No. 5-1983]
A.
If any goods or articles shall be advertised in any newspaper
printed, circulated or distributed 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 goods or articles, such dealer shall immediately
give information relating thereto to the Police Commissioner of Rockville
Centre or his agent. No disposition of such goods or articles shall be effective
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 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 allowing
such removal or sale is made to the dealer in writing by the Police Commissioner
of Rockville Centre or his agent.
B.
Every dealer in secondhand articles who shall have or
receive any goods or articles alleged or supposed to have been lost or stolen
shall exhibit the same on demand to the Commissioner of Police of Rockville
Centre or to 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 book
furnished at his own expense in a form prescribed by the Police Commissioner,
in which shall be legibly written in English, at the time of every purchase
or sale, a description of every article so purchased or sold, the number or
numbers and any monograms, inscription or other marks or identification that
may appear on the article and a description of the articles or prices comprising
old gold, silver, platinum or other metals and any monogram, inscription or
marks or identification thereon, the name, residence and general description
of the person from whom such purchase was made or to whom sold and the day
and hours of the purchase or sale.
B.
In the case of a purchase or sale of a pawnbroker ticket
or other evidence of a pledged article, there shall be written in said book
at the time of such purchase, sale or redemption:
(1)
The name and address of the person, copartnership or
corporation who issued the said ticket or other evidence.
(2)
The pledge number of said pawn ticket or other evidence.
(3)
The name and address of the pledger as it appears on
said pawn ticket or other evidence.
(4)
The amount loaned or advanced as it appears on said pawn
ticket or other evidence.
(5)
The day and hour of such purchase or sale, as the case
may be.
(6)
The sum paid or received for such pawn ticket or other
evidence.
(7)
Such description of a pledged article as appeared on
said pawn ticket or other evidence and an accurate description of every redeemed
pledged article.
C.
Said book shall at all reasonable times be opened to
the inspection of any police officer or any inspector of licenses or any person
duly authorized in writing for such purpose by the Board of Trustees of the
Village of Rockville Centre.
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 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 to 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.
Any person or persons, association, corporation or any officer of any
corporation violating any of the provisions of this chapter or failing to
comply therewith or with any of the requirements thereof shall be liable to
a fine up to $250, and each day such violation shall be permitted to exist
shall constitute a separate offense. Any violation of this chapter or any
part thereof shall constitute disorderly conduct, and any person violating
this or any part thereof shall be and is hereby declared a disorderly person.
