City of Oneida, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Oneida 12-21-1982 as Ch. 4-17-5 of the 1982 Code. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 116.

§ 135-1 Definitions.

[Amended 4-7-1992 by Ord. No. 92-02]
As used in this chapter, the following terms shall have the meanings indicated:
Any person engaged in the business of purchasing for the purpose of resale at secondhand any of the following articles: bicycles; bicycle parts, equipment and accessories; jewelry; unset jewels; precious stones; gold; silver; coins; tools; power tools; chain saws; small household appliances; televisions; AM-FM, CB and other radios; mobile telephones; sound recorders/players of whatever technology employed, and apparatus associated with and recordings made or used by same, including but not limited to magnetic tape recorders/players, tapes, stereos, records, cassettes, compact players/discs, laser players/discs, digital sound devices and recordings; sterling silverware; clocks; watches; musical instruments, parts, accessories and equipment; motion-picture or still cameras, employing film, video or other technology, and related parts, accessories and equipment; developers, enlargers and other photographic equipment; video and other electronic recorders, players and related parts, accessories and equipment; typewriters and other word processing devices; calculators; copying machines; computers, monitors, printers, program discs and related parts, accessories and equipment.

§ 135-2 License.

[Amended 9-1-1987 by Ord. No. 87-8]
Before any person shall engage in the business as a secondhand dealer in the city, said person shall obtain a license to do so from the City Clerk's office. Said license shall be valid, unless otherwise revoked, for the calendar year in which the same is issued, and every said license shall expire at midnight on December 31 of said year.
Application for a license shall be made in writing on a form supplied by the city. Such form may require the name of the applicant, his place of residence and business, his date of birth, type of goods, wares and merchandise to be purchased and sold and such other information and evidence of good character of the applicant as the city may reasonably require.
The license fee under this chapter shall be established by resolution of the Common Council. Such fee may thereafter be amended from time to time by like resolution.
[Amended 11-20-2012 by Ord. No. 12-05]
Where a secondhand dealer is engaged in business at more than one location, an amendment to the original license shall be made.
A secondhand dealer's license shall not include, nor permit the engaging in, the business of being a pawnbroker.

§ 135-3 Books and records; examination of premises.

Every secondhand dealer shall keep permanent records, made at the time of purchase, of any of the listed articles, including description thereof and the name, address, age and, if not known to the dealer, a general description of the person from whom and the day and hour when such purchase was made. Said records shall be available for inspection by any member of the Police Department. Said records shall be entered in a substantially bound book from which pages cannot be removed, of a suitable size. The entries therein shall be legibly written in ink and in the English language and shall show the amount paid for each article and the identifying number attached to each article in accordance with the provision next following. No entry in said book shall be altered, erased, obliterated or defaced.
Every secondhand dealer shall, at the time of making any purchase, attach a properly numbered tag to or otherwise legibly number each article bought.
Every secondhand dealer shall make out every weekday before 10:00 a.m., on forms provided by the city, a legible and correct copy of the records required to be kept by Subsection A containing particulars of all purchases of such articles made the preceding business day and shall upon request make available a copy of such record to any member of the Police Department.
Every secondhand dealer shall allow his place of business and articles as listed herein of secondhand merchandise therein to be examined by any member of the Police Department during normal business hours.

§ 135-4 Restriction on sale of secondhand goods.

No secondhand dealer shall sell or permit to be sold any article purchased or received by him until seven days have elapsed after purchasing or receiving said article and completion of the daily report required in Subsection C of § 135-3 of this chapter.

§ 135-5 Display of chapter.

Every secondhand dealer shall display, in a conspicuous place within his place of business, a copy of this chapter furnished by the Police Department.

§ 135-6 Penalties for offenses.

Any person who violates any of the provisions of this chapter shall be punished as provided in § 1-14 of this Code. In addition to the penalties imposed, the license of such person shall be canceled and revoked and forfeited.