[HISTORY: Adopted by the Town Board of the Town of Harrison 3-23-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
Auctions and auctioneers — See Ch. 95.
Junkyards — See Ch. 165.
Peddling and soliciting — See Ch. 183.
Editor's Note: This local law superseded former Ch. 198, Secondhand Dealers, adopted 2-19-1986 by L.L. No. 2-1986.
- DEALER IN SECONDHAND ARTICLES
- Any person, firm or entity 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, currency, firearms, 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:
Automobiles, pianos, books, magazines, rugs, tapestries, artists' burlaps, paintings, sculpture, drawings, etchings and engravings.
The first purchase or sale in the country of any imported secondhand article.
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."
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.
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.
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.
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 or transaction complies with § 198-2 above shall be upon the person asserting the same. Evidence of an existing trade practice in the town, if any, shall be admissible for the purpose of determining whether or not merchandise is in new or used condition.
No person shall act as a dealer in secondhand articles without first obtaining a license therefor, from the Town Clerk.
All persons seeking a license as herein provided shall file with the Town Clerk a sworn written application containing the following:
The names, residences and ages of the applicants, if individuals or a firm or a partnership; and if a corporation, limited liability company, or other association, the names, ages and addresses of the principal officers, directors, members, manager or managers.
The length of time each person mentioned in such application has resided in the Town of Harrison, if applicable, their place of previous employment, and whether or not he or she has ever been convicted of a misdemeanor or felony of any of the laws of the State of New York or any subdivision thereof and, if so, the offense of which he or she has been convicted, the date thereof and the court or jurisdiction in which such conviction occurred.
The address or place where such secondhand dealer business is to be located or conducted.
Whether the applicant or applicants or manager had, either alone or with someone else, previously engaged as owner or employee in conducting a secondhand dealer business, when and where and how long.
The name and address of the person owning the premises for which a license is sought.
The Town Clerk shall refer such application to the Chief of Police, and any other official or any other person designated by the Chief of Police, who shall inspect the premises or make such investigation as is necessary and expedient to determine the character and fitness of the applicant for such license and whether the proposed place to be used for said secondhand dealer business complies with all regulations, ordinances and laws applicable thereto. The report of such Chief of Police, or designee, shall be in writing and shall be submitted to the Town Clerk with a recommendation to grant or refuse said license.
No license shall be issued unless and until it shall be found that all of the persons named in the application are of good moral character; that the proposed secondhand dealer business complies with and conforms to all ordinances, health and fire regulations and other laws applicable thereto.
Any applicant who has been refused a license by the Town Clerk may appeal to the Town Board therefor, and the same may be granted or refused by the Board except as prohibited herein.
Upon compliance with the terms of this chapter by the applicant or applicants, the Town Clerk, upon payment of the licensee fee herein fixed, shall issue to the applicant a license to conduct and maintain a secondhand dealer business in the location applied for during the term and in accordance with the other provisions of this chapter.
Licenses shall expire on the 31st day of December at 12:00 midnight following the dates of issuance thereof.
The license fee shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code, and said sum is hereby determined to be the reasonable cost to the Town for the investigation of the application, the issuance and recording of the license and the subsequent supervision of the premises as herein provided.
Every person licensed in accordance with the provisions of this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the premises mentioned in the application for such license.
It shall be unlawful for any dealer in secondhand articles to engage in selling activities at any place other than the place of business in such license.
It shall be unlawful for any dealer in secondhand articles to purchase any secondhand goods or things from any persons whom he knows to be or has reason to believe is a minor.
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 as to whether any particular article is new or secondhand.
If any articles shall be advertised in any newspaper circulated in the County of Westchester 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 convey all of the information in his possession relating thereto to the Chief of Police or his agent. No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by the Chief of Police or his authorized agent. A dealer in secondhand articles, when notified by the Chief of Police or his agent that property in his possession is stolen or alleged to be stolen, shall take immediate steps to secure the 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 Chief of Police or his agent, allowing such removal or sale.
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 Chief of Police or any authorized inspector of licenses, to any police officer or to any person duly authorized in writing by the Chief of Police to examine such articles, who shall exhibit such written authority to the dealer.
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the Chief of Police, 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 licensed 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; the name, residence and business address, if any, of the person from whom such purchase was made or to whom such sale was made; and the day and hour of the purchase or sale.
Every dealer in secondhand articles who receives secondhand articles on consignment shall, in addition to Subsection A above, keep a record, in the above-prescribed book, describing the articles and the name and description of the person or dealer from whom such items are received.
As between secondhand dealers, all transactions shall be recorded in the above-prescribed book, and legible records shall be kept describing each article in detail.
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 the Chief of Police, any police officer, any inspector of licenses and any person duly authorized, in writing, for such purposes by the Chief of Police, who shall exhibit such written authority to the dealer.
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 Chief of Police within 72 hours after such bulk purchase.
Every dealer in secondhand articles shall make available all business premises and any and all rooms or portions of rooms of the secondhand dealership at all times during normal business hours and all articles therein pertaining to said business for inspection by the Chief of Police, any police officer, any inspector of licenses and any person duly authorized, in writing, for such purposes by the Chief of Police, who shall exhibit such written authority to the dealer.
In addition to the bound book described in Subsection A above, every secondhand dealer shall legibly provide, in English, upon forms provided by the Police Department, all the information required in said Subsection A above. Such forms shall be completed by the dealer on a daily basis and delivered to the Police Department upon request.
It shall be the duty of every secondhand dealer to verify the identity of each person from whom he purchases any article to make and keep a written record of the nature of the evidence submitted by such person to prove his identity.
Only the following shall be deemed acceptable evidence of identity: 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.
It shall be the duty of every dealer in secondhand articles to require that each 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 and retain on his premises the person's signature, together with the number and description of the identifying document.
Any person violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed $1,000 or by imprisonment for a term not to exceed 15 days, or both.
No license issued under the provisions of this chapter shall be transferable. Any holder of such license who permits said license to be used by any other person, firm or entity, and any other person, firm or entity who uses such a license, shall be deemed to be guilty of a violation of this provision of this chapter.