This Legislature finds that incidents of burglary
and larceny are a continuing problem for the people of Ulster County
and that in many instances the proceeds of these crimes have been
sold to persons who are in the business of purchasing secondhand property.
Further, many of these dealers in secondhand property do not keep
records concerning the identity of the person from whom the property
was purchased and are not able to provide adequate assistance to law
enforcement personnel when property in their possession has been identified
as stolen. Also, it is in the public interest that persons who deal
in the purchase of secondhand property be licensed and be required
to keep certain records concerning the purchase of such property so
as to reduce the incidents of burglary and larceny being committed
within Ulster County.
As used in this chapter, the following terms
shall have the meanings indicated:
DEALER IN SECONDHAND ARTICLES
Any person, corporation, partnership, or other entity and
its employees that as a business and at its place(s) of business is
involved in the business of purchasing and selling the following secondhand
items or articles:
A.
Items made of precious metals purchased with
intent to scrap;
B.
Jewelry:
(1)
Containing precious metals;
(2)
Including watches, rings, necklaces, bracelets,
earrings, pendants, and stick pins; or
(3)
Containing diamonds, rubies, pearls, emeralds,
birth stones, or other precious stones;
C.
Any articles made out of coin or sterling silver,
i.e., flatware, etc.;
D.
Cameras and other optical equipment less than
30 years old;
E.
Electronic business machines and computers;
F.
Working audio, television and similar equipment
less than 15 years old; and
G.
Coins if they fall within the following categories:
(1)
Any coin with a value exceeding $100;
(3)
All coins purchased for bullion content, except
that for identification purposes they may be listed as one item (example:
100 silver quarters purchased at $1.50 per equals $150).
PRECIOUS METALS
Gold, silver, platinum, iridium, ruthenium, osmium or any
alloys of any one or more of said metals. It does not apply to any
item which has a precious metal weight less than 5% of the total weight
of the object, i.e., gold-filled or silver-plated objects.
SECONDHAND ARTICLE
An article or object which:
A.
Has been previously sold at retail; or
B.
Has previously been used or is not in new condition.
SECONDHAND ARTICLES ESTABLISHMENT
Any shop, store, residence, place or premises including shows
and flea markets operating more than two days per year from which
a dealer in secondhand items or articles conducts his business. This
shall include any dealer in precious metals and coins even if his
residency in Ulster County is less than two days and his activity
is limited to buying only.
The requirements of this chapter shall not apply
to the following:
A. Charitable organizations;
B. Events sponsored by charitable organizations which
may include shows, flea markets and bazaars;
C. Wholesale transactions between businesses and their
representatives, each of which hold a valid state sales tax or tax-exempt
license consistent with form ST-120; and
D. Any transaction which takes place in the seller's
legal residence, except that the buyer shall make a record of the
date of sale, the place of the sale and the name of the seller.
All records and books required to be kept pursuant
to this chapter shall at all reasonable times, during regular business
hours, be open for inspection. An inspection must be authorized by
the District Attorney or an Assistant District Attorney of the Ulster
County District Attorney's office and after receiving authorization
may be conducted by the Sheriff of Ulster County or his authorized
agent, the Troop Commander of the New York State Police or his duly
authorized agent, or any police officer whose geographical area of
employment within Ulster County encompasses the physical location
of where the inspection is to be conducted.
A failure to comply with any provisions of this
chapter shall constitute a violation and shall be punishable by a
fine not exceeding $500 or imprisonment for a period not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense shall constitute a separate and distinct violation hereunder
for each offense.