Town of North Hempstead, NY Article III Licenses

§ 13-3 License required.

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.

§ 13-4 Application.

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.

§ 13-5 Classification.

A. A general license shall authorize the licensee to act as a dealer with respect to all secondhand merchandise within the unincorporated areas of the Town of North Hempstead during the license term specified in § 13-6A of this chapter.

B. A management license shall authorize a licensee who is not a regular dealer in antiques to operate and manage an antiques exposition where such antiques are sold at any fair, show, exhibit or any place within the unincorporated areas of the Town of North Hempstead during the license term specified by § 13-6B of this chapter.

C. An exposition license shall authorize a dealer in antiques who maintains no place of business within the unincorporated areas of the Town of North Hempstead to exhibit and sell such articles at any fair, show or exposition within the unincorporated areas of the Town of North Hempstead during the license term specified by § 13-6B of this chapter.

D. Exemptions.

[Added 4-28-1981 by L.L. No. 5, 1981]

(1) A bona fide religious, charitable, educational, service, veterans, fraternal or volunteer firemen's organization may sponsor an antique exposition without obtaining a license pursuant to this chapter, and any exhibitor in such exposition shall likewise be exempt from acquiring a license, provided that the organization and exhibitor comply with the provisions of this subsection, and provided also that the proceeds collected by the sponsoring organization are used only for the legitimate expenses of the exposition and for bona fide religious, charitable, service or educational purposes.

(2) At least forty-eight (48) hours prior to the opening of the exposition, the sponsoring organization shall file with the Town Clerk and the appropriate police agency the following information:

(a) The name(s) and address(es) of any outside promoters or organizer(s) of the exhibition.

(b) The names and addresses of all exhibitors who will appear at the exposition.

(3) During the exposition, all exhibitors shall comply with §§ 13-17, 13-19 and 13-20 of this chapter.

(4) Each exhibitor shall report all purchases and sales made during the exposition to the appropriate police agency in the manner described by § 13-18 of this chapter no later than forty-eight (48) hours after the close of the exposition.

§ 13-6 Duration.

A. General licenses.

[Amended 4-28-1981 by L.L. No. 5, 1981]

(1) Every general license issued hereunder shall expire on the 30th day of April next succeeding the date of its issuance except as provided by § 13-6A(2) of this chapter or unless sooner revoked by the Town Clerk.

(2) Every general license issued prior to May 1, 1981, shall expire on April 30, 1982, unless sooner revoked by the Town Clerk as hereinafter provided.

B. Every management or exposition license issued hereunder shall expire thirty (30) days after its issuance unless sooner revoked by the Town Clerk as hereinafter provided.

§ 13-7 Police investigation.

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.

§ 13-8 Additional information.

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.

§ 13-9 Issuance.

A. Upon receipt of the license application, completion of any investigation conducted pursuant to § 13-7, payment of the prescribed fees and posting of the required bonds by the applicant, the Town Clerk shall grant, either with or without conditions, or deny the license.

B. The Town Clerk shall keep a record of all licenses issued, as well as any other matters herein described.

C. If a license is granted by the Town Clerk, he shall prepare and deliver the same to the licensee. The license issued by the Town Clerk shall state the name and address of the licensee, the date of its issuance, the classification of the license issued, pursuant to the provisions of § 13-5 of this chapter, and the expiration date of the license.

D. No license shall be granted under this chapter to any dealer in secondhand merchandise:

(1) Who has been convicted of any offense which, under the laws of the State of New York, constitutes a crime involving larceny, fraud or sale or possession of stolen property.

(2) Who has been found by any court of the state to have practiced any fraud, deceit or misrepresentation in the conduct of a secondhand-dealer business unless the Town Clerk, after Town Board approval, shall decide in any particular case upon the facts there presented that it is proper to issue the license applied for.

(3) Whose license under this chapter has been revoked at any time during the year prior to the time of the application for the license.

(4) Whose license has been suspended under this chapter and the period of such suspension has not expired at the time of this application for the license.

§ 13-10 Bond and fees required.

A. General license. A person securing a general license shall be required to:

[Amended 4-28-1981 by L.L. No. 5, 1981]

(1) Furnish a bond to the Town of North Hempstead in the sum of two thousand dollars ($2,000.) per business location conditioned upon the due observance of the provisions of this chapter and file such bond with the Town Clerk.

(2) Pay an annual license fee of one hundred dollars ($100.) to the Town Clerk unless the alternate fee set forth in § 13-10A applies.

(3) On any license issued prior to May 1, 1981, the fee shall be one hundred dollars ($100.) plus eight dollars and thirty-three cents ($8.33) for each month or portion of a month prior to May 1, 1981, the license was issued.

(4) The Town Clerk may amend any license issued prior to the enactment of §§ 13-6A(2) and 13-10A(3) to reflect the proper license term and may also refund any fees collected which exceed the fee set forth by § 13-10A(3) upon request of the licensee.

B. Management license. A person securing a management license shall be required to:

(1) Furnish a bond to the Town of North Hempstead in the sum of ten thousand dollars ($10,000.) conditioned upon the due observance of the provisions of this chapter by the licensee and any exhibitors at the exposition which the licensee is managing, and file such bond with the Town Clerk; and

(2) Pay the license fee of one hundred dollars ($100.) to the Town Clerk.

C. Exposition license. A person securing an exposition license shall be required to pay a fee of fifty dollars ($50.) to the Town Clerk.

§ 13-11 Renewal.

A. Any general license issued by the Town Clerk may be renewed annually, for additional periods of one (1) year each from the date of expiration, upon the filing, at least thirty (30) days prior to the expiration date of the current license, of an application containing all the information required by the provisions of this chapter for original applications and the payment of the annual license fee.

B. A management or exposition license may be renewed, for no more than two (2) additional thirty-day periods each, upon the filing of an application containing all the information required by this chapter for original applications and the payment of the applicable license fee.

§ 13-12 Nontransferability.

A license granted pursuant to this chapter may not be transferred by the licensee to any other person.