As used in this chapter, the following terms shall have the
meanings indicated:
COMMISSIONER
The Commissioner of Public Safety of the City of Schenectady.
If there is a vacancy in the position of Commissioner, "Commissioner"
shall mean the Chief of Police until such time as a Commissioner of
Public Safety is appointed.
CORPORATION COUNSEL
The Corporation Counsel of the City of Schenectady, or such
Deputy or Assistant Corporation Counsel(s) as may be designated by
the Corporation Counsel.
PERSON
Any person, company, corporation, partnership, joint venture,
or any other entity who as a principal, broker or agent engaged as
a secondhand dealer as defined by this chapter.
SECONDHAND DEALER
Includes any person, company, corporation, partnership, joint
venture, or any other entity who as a principal, broker or agent:
A.
Deals in the purchase, sale or bailment of secondhand articles
of whatever nature;
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 purchase or sale of any secondhand manufactured
article composed wholly or in part of gold, silver, platinum or other
metals;
D.
Deals principally in the purchase or sale of old gold, silver,
platinum or other precious metals;
E.
Deals principally in the purchase of articles or things comprised
of gold, silver, platinum or other precious metals, paper monies,
currency, jewelry and coins, for the purpose of melting or refining,
recycling, or resale; or
F.
Deals in the purchase or sale of any used electrical appliances,
computers, electronic media (including but not limited to compact
discs, DVDs, computer programs, computer drives and/or components),
and/or electronic equipment or component parts.
G.
A secondhand dealer does not include persons conducting yard
or garage sales, activities conducted by a licensed auctioneer, sales
conducted by a non-for-profit entity, or an initial consumer who purchases
a product primarily for personal use but who subsequently sells the
product.
It shall be unlawful for any person to act as a dealer in secondhand
articles without a license. A general license authorizing the licensee
to act as a secondhand dealer with respect to all articles must be
obtained by application to the Clerk of the City, on forms prescribed
by regulations promulgated by the Commissioner of Public Safety and
following the completion of such background investigation as may be
prescribed in writing by such regulations. All regulations promulgated
by the Commissioner of Public Safety shall require the review and
approval of the Corporation Counsel.
[Amended 4-11-2011 by Ord. No. 2011-09]
The applicant for a secondhand dealer's license shall pay
to the City the sum of $150 upon the issuance of each license, which
shall be good for one year from the date of its issue, and a separate
license shall be secured for each place of business. Such license
shall not include the business of pawnbroker. The license shall be
subject to annual review and renewal.
In addition to any of the powers that may be exercised by the
Commissioner pursuant to this chapter, the Commissioner, after providing
notice to an applicant or licensee and affording an opportunity to
be heard, may refuse to issue or renew, or may suspend or revoke,
a license issued required under this chapter if the applicant or licensee,
or any of its principals, officers or directors, or any of its stockholders
owning more than 10% of the outstanding stock of the corporation,
has been convicted of a crime which, in the judgment of the Commissioner,
has a direct and substantial relationship to such person's fitness
or ability to perform any of the activities for which the license
required by this chapter is required.
Every secondhand dealer shall put in a conspicuous place within
his or her place of business a copy of this chapter or the ordinances
from which it is derived, to be furnished by the Police Department,
and display, in some suitable and conspicuous place in the shop or
store where the business is conducted, a sign giving his or her name
and occupation legibly inscribed thereon in letters of the English
language, not less than three inches in height and lines not less
than 1/4 inch in width.
It shall be unlawful for any such dealer to sell or dispose
of any articles or things until the expiration of 10 days after such
purchase or redemption.
No secondhand dealer shall engage in the purchase and sale of
any item, article, commodity or personal property, or transact any
business, other than from another dealer or by computer, except between
sunrise and 9:00 p.m. of any weekday, except Saturdays, on which day
business may be transacted and such articles purchased from sunrise
until 11:00 p.m.
Any person who shall violate any of the provisions of this chapter
shall be guilty of a misdemeanor and upon the first conviction be
subject to a fine of not less than $250 nor exceeding $500 or a term
of imprisonment not to exceed 15 days, or both a fine and imprisonment.
Upon any subsequent conviction within 24 months of any prior conviction,
such person shall be subject to a fine of not less than $500 nor exceeding
$1,000; or imprisonment not to exceed 30 days, or both such fine and
imprisonment. Upon the conviction of a corporation or limited-liability
partnership, corporation or company, the licensee or its principal(s)
shall be subject to the fine for a first offense of not less than
$500 nor exceeding $1,000. Upon a conviction within 24 months, the
fine imposed shall be not less than $1,000 nor more than $5,000. (Penal
Law § 80.10).