The apparent ease with which secondhand dealers may buy and dispose
of personal property indicates the need for the enactment of a local law to
control and regulate their everyday business transactions. The security involved
in the handling of secondhand property has become a matter of concern to police
agencies. For such business enterprises to be allowed to continue to operate
without a local law to control and regulate the purchase of secondhand articles
not only jeopardizes the property rights of many people but restrains police
agencies in their efforts to recover stolen property and identify suspects.
This chapter is designed to control and regulate secondhand dealers so as
to curtail the disposition of stolen property, increase the percentage of
stolen property recovered, increase the probability that the general public
will receive a fairer deal in their business transactions and better the means
to allow the police agencies to obtain more information necessary to apprehend
those responsible for the theft of property and disposition thereof.
For the purpose of this chapter, certain words are defined as follows:
DEALER IN SECONDHAND ARTICLES or SECONDHAND DEALER
Any person 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,
silver, platinum or other precious metals, automobiles, coins, stamps or currency,
firearms, rifles, shotguns, cameras, business machines, musical instruments,
outboard motors or electronic equipment; or
B.
Accepts or receives secondhand articles as returns of merchandise or
in exchange for or for credits on any other articles or merchandise; or
C.
Is engaged in melting precious metals for the purpose of sale; or
D.
Deals in the commercial purchase or sale of pawnbroker tickets or other
evidence of pledged articles or, not being a pawnbroker, deals in the redemption
or sale of pledged articles.
PERSON
Any individual, association, company, firm, corporation, partnership,
society or any other entity.
VILLAGE
The Incorporated Village of Garden City.
Applicants for a license shall file with the Village Clerk an application
containing the following information:
A. The name and legal description of the applicant. Individuals
operating under an assumed trade name must attach a certified copy of the
assumed name certificate filed in the Nassau County Clerk's office. A
partnership conducting a business, whether or not under an assumed name, must
attach a certified copy of the partnership certificate filed in the Nassau
County office. A corporation incorporated in New York must attach a true copy
of the filing receipt for the Certificate of Incorporation from the New York
Secretary of State. A corporation incorporated outside New York State must
furnish a true copy of its certificate of authority to do business in New
York State from the New York Secretary of State.
B. The local address of the applicant and the address of
its principal place of business.
C. A statement that an individual applicant is of legal
age.
D. A statement as to whether the applicant is a United States
citizen, and, if citizenship was obtained by naturalization, the applicant
must attach a true copy of the naturalization certificate. If not a United
States citizen, attach a true copy of visa.
E. A statement as to whether or not the applicant or any
partner or corporation officer has ever been convicted of any crime, misdemeanor
or violation of any municipal ordinance, the nature of the offense and the
punishment or penalty assessed therefor, and such other facts or evidence
as the Village Clerk shall deem necessary to establish that the applicant
is a person fit and capable of properly conducting the activity or business
for which the license is sought.
F. A detailed description of the nature of the business
the applicant intends to conduct.
G. The name and address of the landlord of the premises
to be used for the conduct of the business and attach a copy of the lease
for the premises.
H. Two photographs of the applicant, taken not more than
60 days prior to the filing of the application, which photographs shall be
two by two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner. Two photographs and fingerprints are
required of each individual applicant; two photographs and fingerprints are
required of each partner; two photographs and fingerprints are required of
each corporate officer and of any stockholder of 10% or more of the corporate
stock.
I. If the applicant is a corporation, the name, address
and title of the officer of the corporation upon whom process or other legal
notice may be served.
J. A copy of the applicant's fingerprints shall be
mailed to the Division of Criminal Justice Services, Albany, New York, requesting
a fingerprint search. The Village Clerk shall secure from the applicant the
required fee in the form of a check or money order made payable to the "New
York State Division of Criminal Justice Services."
K. A surety bond to the village written by a surety licensed
to do business in New York State in a form approved by the Village Clerk in
the penal sum of $2,000, conditioned on the due observance of all laws relating
to secondhand dealers.
Every dealer in secondhand articles, upon being served with a written
notice by a member of the Police Department, shall report to the Police Chief
a summary of the records required to be kept under this chapter with regard
to all goods, articles or things purchased, received or sold in the course
of business of the secondhand dealer during the days specified in such notice.
Nothing contained in this chapter shall be construed to apply to:
A. Pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculpture, drawings, etchings and engravings.
B. The first purchase or sale in the country of any imported
secondhand article.
C. 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,
or to any resale of such merchandise as "new merchandise" or the first subsequent
nonretail or exchange of such merchandise as "used merchandise."
D. 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, or to the first subsequent nonretail sale or exchange of such merchandise.
E. 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.
F. 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.
G. 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.
Every article sold or purchased and every day a sale or purchase is
conducted in violation of this chapter shall constitute a separate offense,
and any person allowing or permitting the continuation of the offense may
be punished as provided herein for each separate violation.