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
or currency, firearms, rifles, shotguns, 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 burlap, 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, or 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, or 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, 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 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 Island Park, if any,
shall be admissible for the purpose of determining whether or not
merchandise is in "new" or "used" condition.
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:
A. Considered as minimum requirements; and
B. Deemed neither to limit nor repeal any other powers
granted to the Village of Island Park under New York State statutes.
This chapter shall not create any liability
on the part of the Village of Island Park, its officers, agents or
employees, the Nassau County 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.
Applicants for a license under this chapter
must file with the Village Clerk of the Village of Island Park 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 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.
B. Address of applicant (local and legal).
C. That the applicant is of legal age.
D. That the applicant is a citizen of the United States
and whether citizenship was obtained by birth or naturalization; 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.
E. 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 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.
F. A description of the exact type of business applicant
intends to conduct.
G. 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.
H. Photographs and fingerprints.
(1) Two photographs of the applicant, taken not more than
60 days prior to the filing of the application, which photographs
shall be two inches by two inches showing the head and shoulders of
the applicant in a clear and distinguishing manner.
(2) Two photographs and fingerprints are required of each
individual applicant; two photographs and fingerprints are required
of each partner; no photographs are required of corporate applicants,
but all officers must be fingerprinted, as well as any stockholder
of 10% or more of the stock.
I. If applicant is a corporation, name, address, and
title of the officer of the corporation upon whom process or other
legal notice may be served.
J. A copy of the applicant's fingerprints shall be mailed
to the Division of Criminal Justice Services, Albany, New York, requesting
a fingerprint search. The Village Clerk shall secure from the applicant
the required fee in the form of a check or money order made payable
to the "New York State Division of Criminal Justice Services."
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.
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 Island Park
shall record all convictions for violations of this chapter which
are officially brought to his attention 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 presiding supervisor.
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
Mayor shall designate two or more members of the Village Board 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.