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