[HISTORY: Adopted by the Board of Trustees
of the Village of Westbury 4-16-1981 by L.L. No. 3-1981 (Ch. 10A of the 1964
Code). Amendments noted where applicable.]
A.
The Board of Trustees of the Village of Westbury finds
that the business of buying and selling secondhand merchandise is
expanding rapidly in the village and in the County of Nassau and that
the manner in which some secondhand dealers conduct business, with
little or no requirement for identification by customers or proof
of ownership of personal property being offered for sale being requested,
lends itself to deception and the opportunity for persons in possession
of stolen goods to dispose of same for money, to the ultimate loss
and damage to the rightful owners of such property. Among the types
of articles being disposed of through secondhand dealers in violation
of the rights of their rightful owners are secondhand jewelry, precious
gems, gold and silver articles, including coins, valuable postage
stamps, musical instruments, cameras, firearms, televisions, typewriters,
stereophonic sound systems and other electronic equipment. The lack
of regulations requiring systematic recordkeeping with respect to
such transactions in secondhand merchandise, systematic reports of
such transactions to local police agencies and minimum retention periods
before disposition of such merchandise is a contributing factor to
the unlawful disposition of stolen property, encourages commission
of larcenies and burglaries and impedes recovery of stolen property
by police authorities. Therefore, the Board of Trustees concludes
that it is in the best interests of the welfare of the village's residents
and property owners to enact a law regulating the operations of dealers
in secondhand merchandise who conduct their business within the limits
of the Incorporated Village of Westbury.
B.
It is hereafter the policy of the Village of Westbury
that dealers in secondhand merchandise who conduct their business
in the Village of Westbury are subject to regulations and licensing
by the village and that they keep records of all their transactions
so as to ensure that their businesses are not used to dispose of stolen
property.
As used in this chapter, the following terms
shall have the meanings indicated:
Any article or merchandise which is more than 50 years old.
Any person who, in any way as principal, broker or agent:
Deals in the commercial purchase or sale of
secondhand merchandise or coins for any purpose;
Accepts or receives secondhand merchandise as
returns of merchandise or in exchange for or for credit against the
price of any other articles or merchandise; or
Deals in the commercial purchase or sale of
pawnbroker tickets or other evidence of pledged articles.
An individual, partnership, unincorporated association, corporation
or other entity.
Any item which shall have been previously used or purchased
by a consumer, but shall not include:
Automobiles, pianos, books, magazines, rugs,
tapestries, artists' burlaps, paintings, sculpture, drawings, etchings
and engravings.
The first purchase or sale in the United States
of any imported used item.
The acceptance or receipt of merchandise in
a new or used condition as a return or exchange or for credit or refund
if such merchandise was originally purchased as new merchandise from
the person accepting or receiving the same, or any resale of such
merchandise as new merchandise, or the first subsequent nonretail
sale or exchange of such merchandise as used merchandise.
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.
Articles sold or acquired by a thrift shop,
as defined to be so classified under the United States Internal Revenue
Code and entitled to an exemption as an eleemosynary corporation or
institution.
Antiques having a value of less than $250 and
void of any serial numbers, monograms, initials or distinct markings.
It shall be unlawful for any person to act as
a dealer in secondhand merchandise within the limits of the Village
of Westbury without first having obtained, and having then in force,
a license therefor as hereinafter provided.
A.
Every person who desires to act as a dealer in secondhand
merchandise within the limits of the Village of Westbury shall file
with the Village Clerk a written application upon forms to be furnished
by the Village Clerk, verified under oath, stating:
(1)
The name and a description of the applicant, and if
the person is:
(a)
An individual operating under a trade name,
he must present a certified copy of the trade name or comparable certificate
filed in the office of the Nassau County Clerk.
(b)
A partnership conducting business, whether or
not under a trade name, he must present a certified copy of the partnership
certificate filed in the office of the Nassau County Clerk.
(c)
A domestic corporation, it must furnish a photostatic
copy of the filing receipt for the certificate of incorporation given
by the New York State Secretary of State.
(d)
A foreign corporation, it must furnish a photostatic
copy of its application for authority to do business in New York State
which was submitted to the New York State Secretary of State.
(2)
The address of the principal and local offices of
the applicant.
(3)
That the applicant, if an individual, is at least
18 years of ago.
(4)
That the applicant, if an individual, is a citizen
of the United States and whether citizenship was obtained by birth
or naturalization. If by naturalization, the date and court where
obtained must be included in the information, together with a copy
of the naturalization certificate or a permanent Board of Elections
personal registration card.
(5)
Whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation other than parking offenses.
The statement should include:
(a)
The nature of the offense, the date and count
of convictions and punishment or penalty assessed therefor.
(b)
Any other facts or evidence deemed necessary
by the Village Clerk to establish that the applicant is a person fit
and capable of properly conducting the activity or business for which
the license is sought.
(6)
A description of the exact type of business operation
which the applicant proposes to conduct.
(7)
The name and address of the owner or owners of the
land where such business or activity will be conducted, together with
the nature of the right of occupancy held by the applicant for the
use of such land, and that the applicable zoning of the land permits
the type of business proposed by the applicant.
(8)
Photographs and fingerprints.
(a)
The Village Clerk shall require every applicant
for a secondhand dealer's license to provide:
[Amended 11-6-2008 by L.L. No. 4-2008]
[1]
Two personal photographs and the number of his/her
fingerprint cards and the processing fee for identification processing
required by the Division of Criminal Justice Services of the State
of New York;
[2]
Two personal photographs and the number of his/her
fingerprint cards and the processing fee for identification processing
required by the Division of Criminal Justice Services of the State
of New York for each partner, when the applicant is a partnership;
or
[3]
Two personal photographs and the number of his/her
fingerprint cards and the processing fee for identification processing
required by the Division of Criminal Justice Services of the State
of New York for each of the officers, directors and stockholders of
at least 10% of the corporate stock when the applicant is a corporation.
(b)
Any photograph required of the applicant shall
be taken not more than 60 days prior to the date of the application
and be two inches by two inches, showing the head and shoulders of
the applicant in a clear and distinguishing manner.
(9)
If the applicant is a corporation, it is to supply
the name, New York address and the title of the officer of the corporation
upon whom process or legal notice may be served.
(10)
Whether the applicant seeks a general, management
or exposition license as hereinafter defined.
(a)
At the discretion of the Village Clerk:
[1]
Two photographs and a set of fingerprints of
any individual applicant;
[2]
Two photographs and a set of fingerprints of
each partner, where the applicant is a partnership; or
[3]
A set of fingerprints of all officers and stockholders
of at least 10% of the stock where the applicant is a corporation.
B.
The Village Clerk, Board of Trustees and Village Attorney
shall be responsible for reviewing any criminal history record information
disseminated by the Division of Criminal Justice Services of the State
of New York.
[Added 11-6-2008 by L.L. No. 4-2008]
A.
A general license shall authorize the licensee to act as a dealer with respect to all secondhand merchandise within the limits of the Village of Westbury during the license term specified in § 198-6A of this chapter.
B.
A management license shall authorize a licensee who is not a regular dealer in antiques to operate and manage an antiques exposition where such antiques are sold at any fair, show, exhibit or any place within the limits of the Village of Westbury during the license term specified in § 198-6B of this chapter.
C.
An exposition license shall authorize a dealer in antiques who maintains no place of business within the limits of the Village of Westbury to exhibit and sell such articles at any fair, show or exposition within the limits of the Village of Westbury during the license term specified by § 198-6B of this chapter.
A.
Every general license issued hereunder shall expire
on the 30th day of April next succeeding the date of its issuance
unless sooner revoked by the Village Clerk as hereinafter provided.
B.
Every management or exposition license issued hereunder
shall expire 30 days after its issuance unless sooner revoked by the
Village Clerk as hereinafter provided.
The Village Clerk shall keep any fingerprints, submitted by the applicant pursuant to § 198-4 of this chapter, on file in his office and may make any necessary investigation of the applicant's criminal record by using such fingerprints or otherwise. The cost of such investigation shall be paid by the applicant with a check made payable to the New York State Division of Criminal Justice Services or as otherwise specified by the Village Clerk. Failure by the applicant to submit such a check when required to do so by the Village Clerk shall constitute grounds for the denial of the application.
The Village Clerk may, in his discretion, before
the issuance of a license, require the applicant and any others having
knowledge of the facts to submit to an examination under oath and
to produce evidence relating thereto or may hold a hearing upon such
application as hereinafter provided.
A.
Upon receipt of the license application, completion of any investigation conducted pursuant to § 198-7, payment of the prescribed fees and posting of the required bonds by the applicant, the Village Clerk shall grant, either with or without conditions, or deny the license.
B.
The Village Clerk shall keep a record of all licenses
issued, as well as any other matters herein described.
C.
If a license is granted by the Village Clerk, he shall prepare and deliver the same to the licensee. The license issued by the Village Clerk shall state the name and address of the licensee, the date of its issuance, the classification of the license issued, pursuant to the provisions of § 198-5 of this chapter, and the expiration date of the license.
D.
No license shall be granted under this chapter to
any dealer in secondhand merchandise:
(1)
Who has been convicted of any offense which, under
the laws of the State of New York, constitutes a crime involving larceny,
fraud or sale or possession of stolen property, unless the disability
has been removed as provided in Correction Law § 751;
[Amended 11-6-2008 by L.L. No. 4-2008]
(2)
Who has been found by any court of the state to have
practiced any fraud, deceit or misrepresentation in the conduct of
a secondhand-dealer business, unless the disability has been removed
as provided in Correction Law § 751 or the Village Clerk,
after Village Board approval, shall decide in any particular case
upon the facts there presented that it is proper to issue the license
applied for;
[Amended 11-6-2008 by L.L. No. 4-2008]
(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; or
(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.
A.
General license. A person securing a general license
shall be required to:
(1)
Furnish a bond to the Village of Westbury in the sum
of $2,000, conditioned upon the due observance of the provisions of
this chapter, and file such bond with the Village Clerk; and
B.
Management license. A person securing a management
license shall be required to:
(1)
Furnish a bond to the Village of Westbury in the sum
of $10,000, conditioned upon the due observance of the provisions
of this chapter by the licensee and any exhibitors at the exposition
which the licensee is managing, and file such bond with the Village
Clerk; and
(2)
Pay the license fee in an amount as set from time
to time by resolution of the Board of Trustees to the Village Clerk.
[Amended 12-2-1999 by L.L. No. 3-1999]
C.
Exposition license. A person securing an exposition
license shall be required to pay a fee in an amount as set from time
to time by resolution of the Board of Trustees to the Village Clerk.
[Amended 12-2-1999 by L.L. No. 3-1999]
A.
Any general license issued by the Village Clerk may
be renewed annually for additional periods of one year each from the
date of expiration, upon the filing, at least 30 days prior to the
expiration date of the current license, of an application containing
all the information required by the provisions of this chapter for
original applications and the payment of the annual license fee.
B.
A management or exposition license may be renewed,
for no more than two additional thirty-day periods each, upon the
filing of an application containing all the information required by
this chapter for original applications and the payment of the applicable
license fee.
A license granted pursuant to this chapter may
not be transferred by licensee to any other person.
A.
Any license issued hereunder may be suspended or revoked,
for a period to be determined by the Village Clerk, if he finds that:
(1)
The licensee made any misrepresentation or false statement
in his application for the license;
(3)
The licensee has been convicted of any crime involving
larceny, fraud or possession or sale of stolen property; or
(4)
The licensee is conducting the activity as a dealer
in secondhand merchandise in an unlawful manner or in such a manner
as to constitute a breach of the peace or a menace to the health,
safety or general welfare of the public.
B.
Except as provided in Subsection C of this section, a license hereunder shall not be suspended or revoked by the Village Clerk without a hearing having been held thereupon not less than two business days after written notice thereof shall have been given to the licensee, either in person or by registered or certified mail.
C.
The Village Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has committed any acts specified by § 198-13A(1), (2) or (3), may temporarily suspend forthwith such license until such time as a hearing is held by the Village Clerk as provided in § 198-13B and the Village Clerk shall have rendered his determination thereon.
Any applicant who has been denied a license
or who shall have been granted a license with conditions under this
chapter by the Village Clerk or whose license has been suspended or
revoked by the Village Clerk may apply to the Village Board for a
review of the action by the Village Clerk as hereinafter provided:
A.
The application to review the Village Clerk's determination
shall be in writing, signed and verified by the applicant, and shall
state his reasons for claiming that the Village Clerk's determination
was erroneous.
B.
The application for such review must be filed with
the Village Clerk by mail or in person within 20 days of the receipt
by the applicant of the determination by the Village Clerk.
C.
Before any hearing shall be held by the Village Board,
the Village Clerk shall certify to the Village Board that the application
for review is complete and meets the requirements of this section.
Once such certification is made by the Village Clerk, the Village
Board shall hold a hearing thereon as hereinafter set forth.
A.
Upon receipt of a certification of an application for review issued by the Village Clerk pursuant to § 198-14C of this chapter, the Village Board shall hold a hearing on a date and at a place and hour designated by the Village Board, but in no event shall this date exceed the later of 30 days from the date of the Village Clerk's certification of the application for review or the second regularly scheduled Village Board meeting held after certification of the application.
B.
The Village Clerk shall give notice thereof, stating
the name and address of the applicant or licensee concerned, the subject
matter of the hearing and the date, place and hour designated therefor,
by mailing a copy thereof to the applicant or licensee concerned at
the address shown upon the most recent application of such applicant
or licensee at least 10 days before such hearing.
C.
At such hearing, the Village Board shall consider
the application before it in relation to the Village Clerk's determination,
and, in its discretion, the Village Board may receive new or additional
evidence in support of or in opposition to the determination under
review.
A licensee shall place the license at all times
in a conspicuous location at the licensee's place of activity or business
for which the license was issued so that all persons visiting such
place may readily see the same.
A.
Every dealer in secondhand merchandise shall keep
a bound book of consecutively numbered transactions, in a form prescribed
by the appropriate police agency, in which shall be legibly written
in English, at the time of every purchase or sale to or from a person
other than another licensed dealer in secondhand merchandise, the
following:
(1)
A description of every article of secondhand merchandise
purchased or sold.
(2)
Any serial number or numbers and any monograms, inscriptions
or other marks of identification that may appear on such article.
(3)
A description of the articles or pieces comprising
old gold, silver, platinum, other metals or coins, stamps or currency
and any monogram, inscription or marks of identification thereon.
(4)
The name, residence address and signature of the person
from whom such purchase was made or to whom the merchandise was sold,
and the day and hour of the purchase or sale and the nature of the
identifying document exhibited.
B.
Every dealer in secondhand merchandise who receives
secondhand merchandise on consignment shall keep a record in the above-described
book, describing the merchandise and the name and description of the
person or dealer who consigned such merchandise.
C.
Transactions between dealers in secondhand merchandise
shall also be recorded in the above-described book in the same manner
as heretofore described.
D.
The above-described book shall be kept on the business
premises of the licensee or at the place designated on the license
at all times during normal business hours. Such book shall be open
to inspection by:
E.
Every dealer in secondhand merchandise who purchases
antiques in bulk shall keep a record of such purchases in the above-described
book, and all identifiable antiques which are part of the bulk purchase
shall be reported individually to the appropriate police agency 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.
Every dealer in secondhand merchandise shall
furnish to the appropriate police agency at the end of each business
day all information requested by the police agency relative to all
records required to be kept under this chapter. Such information shall
be furnished on forms to be designated and supplied by the appropriate
police agency.
A.
Notification.
(1)
If any secondhand merchandise shall be advertised
in any newspaper of general circulation within the County of Nassau
as having been lost or stolen, and any merchandise answering such
advertised description, or any part thereof, shall be in or come into
the possession of any dealer in secondhand merchandise, such dealer
shall immediately give information relating thereto to the appropriate
police agency once he receives actual written or oral notice of the
similarity of description.
(2)
Once such notification is given by the dealer to the
appropriate police agency, no disposition of such secondhand merchandise
shall be made by the dealer until authorization to do so shall have
been given to the dealer by the appropriate police agency in writing.
(3)
A dealer in secondhand merchandise, when notified
by the appropriate police agency that property in the dealer's 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 in writing to the dealer by the appropriate police agency
allowing such removal or sale.
B.
Every dealer in secondhand merchandise who shall have
or receive any secondhand merchandise alleged or supposed to have
been lost or stolen shall exhibit the same upon demand to:
A.
It shall be the duty of every dealer in secondhand
merchandise to verify the identity of every person from whom he purchases
secondhand merchandise 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 it is issued; or
C.
It shall be the duty of every dealer in secondhand
merchandise to require that every person from whom secondhand merchandise
is purchased sign his name in the presence of the dealer, and the
dealer shall compare the signature with the signature on the identifying
document, if any, and retain on his premises the seller's signature,
together with the number and description of the identifying document.
Every dealer in secondhand merchandise who also
sells new merchandise within the licensed premises shall label all
secondhand merchandise in such manner that the public will be informed
of the nature of such merchandise.
It shall be unlawful for any dealer in secondhand
merchandise to:
A.
Engage in selling activities at any place other than
the place of business designated in such license.
B.
Purchase any secondhand merchandise from any person
he knows to be or has reason to believe is under the age of 18 years
old.
C.
Purchase any secondhand merchandise from any person
between the hours of 10:00 p.m. and 7:00 a.m.
D.
Sell or dispose of any secondhand merchandise, or
make any alteration, defacement or change in or to such merchandise,
until the expiration of 15 business days after the acquisition by
such dealer of such merchandise.
E.
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.
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 Westbury or the County
of Nassau, if any, shall be admissible for the purpose of determining
whether or not merchandise is in new or used condition.
This chapter shall not create any liability
on the part of the Village of Westbury, its officers, agents or employees,
or the officers, agents and employees of the appropriate police agency,
for any act or damage caused as a result from reliance on this chapter
or any administrative decision lawfully made thereunder.
It shall be the duty of any police officer of
the appropriate police agency to require any person seen dealing in
secondhand merchandise, and who is not known by such police officer
to be duly licensed, to produce or display his dealer's license and
to enforce the provisions of this chapter against any person found
to be violating the same.
A.
Any person who violates the provisions of § 198-3 of this chapter shall be guilty of a violation, punishable by a fine not exceeding $1,000 or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
[Amended 4-1-2010 by L.L. No. 1-2010]
B.
Any person who violates the provisions of any other
section of this chapter shall be guilty of a violation, punishable
by a fine not exceeding $250 or imprisonment for a period not exceeding
15 days, or by both such fine and imprisonment. Each day's violation
shall constitute a separate and distinct offense against this chapter.
C.
In addition to the penalties provided above, any offense
against the provisions of this chapter shall subject the person committing
the offense to a civil penalty in the amount of $1,000 for each day
that the offense shall continue, collectible by and in the name of
the Village of Westbury.
D.
A conviction against a licensed dealer for any offense
against the provisions of this chapter shall constitute and effect
an immediate forfeiture of his license.
