Town of North Hempstead, NY Article VII Regulations

§ 13-16 Display of license.

A licensee shall place the license at all times in a conspicuous location at the licensee's place of activity or business for which the license was issued so that all persons visiting such place may readily see the same.

§ 13-17 Records of purchase and sales.

A. Every dealer in secondhand merchandise shall keep a bound book of consecutively numbered transactions, in a form prescribed by the appropriate police agency, in which shall be legibly written in English, at the time of every purchase or sale to or from a person other than another licensed dealer in secondhand merchandise, the following:

(1) A description of every article of secondhand merchandise purchased or sold;

(2) Any serial number or numbers and any monograms, inscriptions or other marks of identification that may appear on such article;

(3) A description of the articles or pieces comprising old gold, silver, platinum, other metals or coins, stamps or currency and any monogram, inscription or marks of identification thereon; and

(4) The name, residence address and signature of the person from whom such purchase was made or to whom the merchandise was sold and the day and hour of the purchase or sale and the nature of the identifying document exhibited.

B. Every dealer in secondhand merchandise who receives secondhand merchandise on consignment shall keep a record in the above-described book, describing the merchandise and the name and description of the person or dealer who consigned such merchandise.

C. Transactions between dealers in secondhand merchandise shall also be recorded in the above-described book in the same manner as heretofore described.

D. The above-described book shall be kept on the business premises of the licensee or at the place designated on the license at all times during normal business hours. Such book shall be open to the inspection by:

(1) Any police officer of the appropriate police agency;

(2) The chief administrative officer of the appropriate police agency or a person duly authorized in writing by such appropriate police agency to inspect such book; or

(3) Any inspector of licenses duly appointed by the Town Clerk.

E. Every dealer in secondhand merchandise who purchases antiques in bulk shall keep a record of such purchases in the above-described book, and all identifiable antiques which are part of the bulk purchase shall be reported individually to the appropriate police agency within seventy-two (72) hours after such bulk purchase.

F. Every licensed dealer of secondhand merchandise shall permit representatives of the appropriate police agency or inspector of licenses appointed by the Town Clerk to inspect all rooms and merchandise on the premises designated on the license of the dealer during regular business hours when such inspection is requested by such representative of the appropriate police agency or inspector of licenses.

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

§ 13-18 Reports to the appropriate police agency.

Every dealer in secondhand merchandise shall furnish to the appropriate police agency at the end of each business day all information requested by the police agency relative to all records required to be kept under this chapter. Such information shall be furnished on forms to be designated and supplied by the appropriate police agency.

§ 13-19 Lost or stolen property.

A. Notification.

(1) If any secondhand merchandise shall be advertised in any newspaper of general circulation within the County of Nassau as having been lost or stolen and any merchandise answering such advertised description, or any part thereof, shall be in or come into the possession of any dealer in secondhand merchandise, such dealer shall immediately give information relating thereto to the appropriate police agency once he receives actual written or oral notice of the similarity of description.

(2) Once such notification is given by the dealer to the appropriate police agency, no disposition of such secondhand merchandise shall be made by the dealer until authorization to do so shall have been given to the dealer by the appropriate police agency in writing.

(3) A dealer in secondhand merchandise, when notified by the appropriate police agency that property in the dealer's possession is stolen or alleged to be stolen, shall take immediate steps to secure that property, and it shall be marked "police stop." Thereafter, such property shall not be sold or removed from the premises until notification is made in writing to the dealer by the appropriate police agency allowing such removal or sale.

B. Every dealer in secondhand merchandise who shall have or receive any secondhand merchandise alleged or supposed to have been lost or stolen shall exhibit the same upon demand to:

(1) The appropriate police agency; or

(2) To any inspector of licenses duly authorized by the Town Clerk to make such inspection.

§ 13-20 Identity of person from whom purchase is made.

A. It shall be the duty of every dealer in secondhand merchandise to verify the identity of every person from whom he purchases secondhand merchandise and to make and keep a written record of the nature of the evidence submitted by such person to prove his identity.

B. Only the following shall be deemed acceptable evidence of identity:

(1) Any official document, except a social security account number card, issued by the United States Government, any state, county, municipality or subdivision thereof, any public agency or department thereof or any public or private employer, which requires and bears the signature of the person to whom it is issued; or

(2) Other identification documentation which, under the circumstances of any particular purchase, would lead a reasonable person to believe that such identification is accurate and reliable, when identification under Subsection B(1) hereof is not available.

C. It shall be the duty of every dealer in secondhand merchandise to require that every person from whom secondhand merchandise is purchased sign his name in the presence of the dealer, and the dealer shall compare the signature with the signature on the identifying document, if any, and retain on his premises the seller's signature, together with the number and description of the identifying document.

§ 13-21 Signs and labels.

Every dealer in secondhand merchandise who also sells new merchandise within the licensed premises shall label all secondhand merchandise in such manner that the public will be informed of the nature of such merchandise.

§ 13-22 Restrictions.

It shall be unlawful for any dealer in secondhand merchandise to:

A. Engage in selling activities at any place other than the place of business designated in such license.

B. Purchase any secondhand merchandise from any person he knows to be or has reason to believe is under the age of eighteen (18) years old.

C. Purchase any secondhand merchandise from any person between the hours of 10:00 p.m. and 7:00 a.m.

D. Sell, dispose of or alter any secondhand merchandise until the expiration of fifteen (15) business days after the acquisition by such dealer of such merchandise.

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

E. Be licensed as a pawnbroker or to engage in the business of a pawnbroker; nor shall any sign or emblem be displayed by any such dealer, in or about the premises where such business is conducted, which in any way resembles the sign or emblem commonly used by pawnbrokers or which is intended to give the appearance that the business conducted on such premises is, or is connected with, the business of a pawnbroker.

F. Deal in the purchase or sale of any items enumerated in § 31-2 of the Code of the Town of North Hempstead, or employ or use a boat, cart or other vehicle for the purpose of collecting any such things or materials, unless he is also licensed as a junk dealer pursuant to Chapter 31 of the Code of the Town of North Hempstead.