City of Cohoes, NY Chapter 222 Secondhand Dealers

[HISTORY: Adopted by the Common Council of the City of Cohoes 11-28-2006 by Ord. No. 20-2006.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Peddlers, solicitors and vendors — See Ch. 198.

Display of merchandise on sidewalks — See Ch. 244, Art. I.

[1] Editor's Note: Former Ch. 222, Secondhand Dealers, which was comprised of Art. I, Used-Car Sales, adopted 12-17-1957 by Ord. No. 4701, as amended, was repealed 1-24-2006 by Ord. No. 2-2006.

§ 222-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PROPER IDENTIFICATION

Any identification documents that contain the person's name and either a photograph or physical description of said person.

SECONDHAND DEALER

Any person, firm, partnership, corporation or association who or which, either wholly or in part, engages in or operates the trade or business of buying, selling, trading, bartering or exchanging secondhand personal property restricted to jewelry, precious gems, including diamonds, furs, gold, silver, plated ware, paintings, sculptures, electrical or electronic devices, and serial-numbered items.

§ 222-2 Waiting period.

A. Every secondhand dealer shall hold articles of property that it acquires for a period of 10 days from the time of purchase and shall not resell or alter in any manner the same until the expiration of said period.

B. Any articles of secondhand personal property that are acquired by a secondhand dealer from another secondhand dealer shall be exempt from this holding period if:

(1) The property was held for at least 10 days by the original secondhand dealer; and

(2) There is documentation accompanying the property that sets forth the verified name and address of the original seller.

§ 222-3 Exemption requests.

Any secondhand dealer wishing to exempt articles from this provision shall obtain the consent of the Police Chief prior to resale. Such consent shall not be unreasonably withheld; if consent is withheld, the reasons shall be set forth in writing.

§ 222-4 Inventory report.

A. Every secondhand dealer shall maintain a report of all articles received and shall furnish this report to the police authority upon request. Such report shall include a complete description of each article, including brand name, make, serial and model numbers, color and size. In the case of any article of jewelry or containing jewels, the description shall also include size, setting, shape, color, number of karats, type of metal, number and type of stones and a complete and accurate description of any initials, dates or inscriptions found thereon.

B. Such report shall also describe the name and verified address of the person selling said article, including the seller's estimated age, height, weight, and gender. The seller's address must be verified by proper identification, showing the person described, and the type of identification so used must be noted along with any identifying numbers on said identification.

C. Such report shall be kept at the place of business of the secondhand dealer.

D. Secondhand dealers acquiring 10 or more articles from an estate sale shall be exempt from this reporting requirement, except that they shall maintain an inventory listing each item and stating from where and whom it was purchased.

§ 222-5 Penalties for offenses.

A violation of this chapter shall be a violation punishable by a penalty of not more than $250 and/or 15 days in jail.

§ 222-6 Charities and auctions exempt.

Nothing in this chapter shall apply to any charitable organization as defined in § 171-a of the Executive Law or any auction authorized pursuant to Article 3 of the NYS General Business Law.