It shall be unlawful for any person to act as a dealer in secondhand
merchandise within the unincorporated areas of the Town of North Hempstead
without first having obtained, and having then in force, a license therefor
as hereinafter provided.
Every person who desires to act as a dealer in secondhand merchandise
within the unincorporated areas of the Town of North Hempstead shall file
with the Town Clerk a written application upon forms to be furnished by the
Town Clerk, verified under oath, stating:
A. The name and a description of the applicant, and if the
person is:
(1) An individual operating under a trade name, he must present
a certified copy of the trade name or comparable certificate filed in the
office of the Nassau County Clerk.
(2) A partnership conducting business, whether or not under
a trade name, he must present a certified copy of the partnership certificate
filed in the office of the Nassau County Clerk.
(3) A domestic corporation, it must furnish a photostatic
copy of the filing receipt for the certificate of incorporation given by the
New York State Secretary of State.
(4) A foreign corporation, it must furnish a photostatic
copy of its application for authority to do business in New York State which
was submitted to the New York State Secretary of State.
B. The address of the principal and local offices of the
applicant.
C. That the applicant, if an individual, is at least eighteen
(18) years of age.
D. That the applicant, if an individual, is a citizen of
the United States and whether citizenship was obtained by birth or naturalization.
If by naturalization, the date and court where obtained must be included in
the information, together with a copy of the naturalization certificate or
a permanent Board of Elections personal registration card.
E. Whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation other than parking offenses. The statement
should include:
(1) The nature of the offense and punishment or penalty assessed
thereof.
(2) Any other facts or evidence deemed necessary by the Town
Clerk 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 description of the exact type of business operation
which the applicant proposes to conduct.
G. The name and address of the owner or owners of the land
where such business or activity will be conducted, together with the nature
of the right of occupancy held by the applicant for the use of such land,
and that the applicable zoning of the land permits the type of business proposed
by the applicant.
H. Photographs and fingerprints.
(1) At the discretion of the Town Clerk:
(a) Two (2) photographs and a set of fingerprints of any
individual applicant;
(b) Two (2) photographs and a set of fingerprints of each
partner where the applicant is a partnership; or
(c) A set of fingerprints of all officers, and stockholders
of at least ten percent (10%) of the stock, where the applicant is a corporation.
(2) Any photograph required of the applicant shall be taken
not more than sixty (60) days prior to the date of the application and be
two by two (2 x 2) inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
I. If the applicant is a corporation, it is to supply the
name, New York address and the title of the officer of the corporation upon
whom process or legal notice may be served.
J. Whether the applicant seeks a general, management or
exposition license as hereinafter defined.
The Town Clerk shall keep any fingerprints, submitted by the applicant pursuant to §
13-4 of this chapter, on file in his office and may make any necessary investigation of the applicant's criminal record by using such fingerprints or otherwise. The cost of such investigation shall be paid by the applicant with a check made payable to the New York State Division of Criminal Justice Services or as otherwise specified by the Town Clerk. Failure by the applicant to submit such a check when required to do so by the Town Clerk shall constitute grounds for the denial of the application.
The Town Clerk may, in his discretion, before the issuance of a license,
require the applicant and any others having knowledge of the facts to submit
to an examination under oath and to produce evidence relating thereto, or
hold a hearing upon such application as hereinafter provided.
A license granted pursuant to this chapter may not be transferred by
the licensee to any other person.