The burden of proof that an article was originally purchased from the
person accepting or receiving it, that it was the first subsequent sale or
exchange thereof to a person other than an ultimate consumer or that it was
a first sale at retail of such factory-rebuilt merchandise shall be upon the
person asserting the same. Evidence of an existing trade practice in the Town
of North Hempstead, if any, shall be admissible for the purpose of determining
whether or not merchandise is in new or used condition.
This chapter shall not create any liability on the part of the Town
of North Hempstead, its officers, agents or employees, or the officers, agents
and employees of the appropriate police agency, for any act or damage caused
as a result from reliance on this chapter or any administrative decision lawfully
made thereunder.
It shall be the duty of any police officer of the appropriate police
agency to require any person seen dealing in secondhand merchandise, and who
is not known by such police officer to be duly licensed, to produce or display
his dealer's license and to enforce the provisions of this chapter against
any person found to be violating the same.