[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale 6-8-1981 by L.L. No. 2-1981 (Ch. 35 of the 1975
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 402.
A.
Statutory authorization. Pursuant to the provisions of the New York State Constitution, the Municipal Home Rule Law, the General Municipal Law and the Village Law, all as amended, the Board of Trustees of the Incorporated Village of Farmingdale is empowered to enact local laws and ordinances licensing and regulating occupations and the conduct of business to protect and promote the health, safety, morals or the general welfare of the community. Therefore, the Board of Trustees of the Incorporated Village of Farmingdale enacts Chapter 448 into the Code of the Incorporated Village of Farmingdale, entitled "Control and Regulation of Secondhand Dealers."
B.
Findings of fact. There is no control in the Incorporated Village
of Farmingdale governing the activities of those persons engaged in
the business of buying and selling secondhand merchandise. There exists
an opportunity for those persons involved in crime to readily dispose
of stolen property. The passage of this chapter would require identification
of those attempting to dispose of personal property and reports by
dealers of certain after acquired property to police agencies. It
is anticipated that as a result of said report, there would be a marked
increase in the number of restitutions for the reason that merchants
would be committed to keeping accurate records of the property so
purchased and disposed of by forwarding the proper police reports.
For small or large businesses to be allowed to continue to operate
without laws to control and regulate the purchase of secondhand articles
not only jeopardizes the property rights of many people but extremely
hampers the police agencies in their efforts to recover stolen property
and identify suspects.
C.
Legislative intent. The security involved in the handling of secondhand
property has become a matter of concern to the police agencies charged
with the duty and responsibility therein. This chapter will ensure
a dramatic rise in the percentage of the stolen property recovered,
an increase in the probability that the general public will receive
a fairer deal in their business transactions and will better the means
to allow the police agencies to obtain more information necessary
to apprehend perpetrators of crimes associated with the theft of property.
Thereby, the public health, morals and general welfare of the Incorporated
Village of Farmingdale will be protected and promoted.
A.
DEALER IN SECONDHAND ARTICLES
(1)
(2)
(3)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any person who in any way, as principal, broker or agent:
Deals in the commercial purchase or sale of secondhand articles
for any purpose and of whatever nature, including but not limited
to old gold or other precious metals, coins, stamps or currency, firearms,
rifles, shotguns, cameras, business machines, musical instruments,
outboard motors or electronic equipment.
Accepts or receives secondhand articles as returns of merchandise
or in exchange for or for credits on any other articles or merchandise.
Deals in the commercial purchase or sale of pawnbroker tickets
or other evidence of pledged articles.
B.
Exceptions. Nothing contained in this chapter shall be construed
to apply to:
(1)
Automobiles, pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculptures, drawings, etchings and engravings.
(2)
The first purchase or sale in the country of any imported secondhand
article.
(3)
The acceptance or receipt of merchandise in a new condition as a
return, exchange or for credit or refund, if such merchandise was
originally purchased as new merchandise from the person accepting
or receiving the same, nor to any resale of such merchandise as new
merchandise or the first subsequent nonretail sale or exchange of
such merchandise as used merchandise.
(4)
The acceptance or receipt of merchandise in a used condition as a
return, trade-in, exchange or for credit or refund if such merchandise
was originally purchased as new merchandise from the person accepting
or receiving the same, nor to the first subsequent nonretail sale
or exchange of such merchandise.
(5)
The first sale, at retail, of merchandise which has been rebuilt
by the manufacturer or vendor originally manufacturing it, or the
licensed agents thereof, and sold as factory-rebuilt merchandise.
(6)
A thrift shop, as defined to be so classified under the United States
Internal Revenue Code, entitled to an exemption as an eleemosynary
corporation or institution.
(7)
Antiques, which shall mean secondhand articles over 50 years of age,
having a value of less than $250 and void of any means of identification.
"Identification" shall mean articles which are serialized, monogrammed,
initialed or distinctly marked.
C.
Proof. 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 Incorporated Village of Farmingdale, if any,
shall be admissible for the purpose of determining whether or not
merchandise is in new or used condition.
D.
Interpretation. In interpreting and applying the provisions of this
chapter, the rule of interpretation applicable to remedial legislation
shall be used so that the spirit and intent of this chapter shall
be observed. All provisions shall be:
E.
Severability. If any clause, sentence, section, paragraph or provisions
of this chapter shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this chapter, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which such judgment shall have been
rendered.
F.
Disclaimer of liability. This chapter shall not create any liability
on the part of the Incorporated Village of Farmingdale, its officers,
agents or employees, the Nassau County Police Department, its officers,
agents or employees, for any act or damage caused as a result from
reliance on this chapter or any administrative decision lawfully made
hereunder.
A.
It shall be unlawful for any person or persons, firm or corporation
to act as a dealer in secondhand articles without a permit therefor.
B.
The annual permit fee shall be in an amount as established from time
to time by resolution of the Board of Trustees[1] and shall expire May 31 next succeeding the date of issuance
thereof, unless sooner revoked or suspended. No permit fee shall be
prorated. A new application for a permit must be made yearly if the
permittee desires to continue such activity.[2]
C.
All permits shall be placed and at all times displayed in a conspicuous
place at the permittee's place of activity of business for which
it is issued.
D.
All permits are personal with the permittees and shall not be capable
of being sold, transferred, assigned or otherwise disposed of.
A.
Applicants for a permit under this chapter must file with the Village
Clerk-Treasurer of the Incorporated Village of Farmingdale an application,
supplied by the Village Clerk-Treasurer, containing the following
information:
(1)
The name and description of the applicant. Individuals operating
under a trade name must present a certified copy of the trade name
certificate filed in the Nassau County Clerk's office. A partnership
conducting business, whether or not under a trade name, must submit
a certified copy of the partnership certificate filed in the Nassau
County Clerk's office when the partnership was formed. A corporation
must furnish a photostatic copy of the filing receipt for the certificate
of incorporation from the New York State Secretary of State. A corporation
from outside New York State must furnish a photostatic copy of its
application for authority to do business in New York State from the
New York State Secretary of State.
(2)
The address of the applicant (local and legal).
(3)
That the applicant is of legal age.
(4)
That the applicant is a citizen of the United States and whether
citizenship was obtained by birth or naturalization. If by naturalization,
the date and place where obtained. The naturalization certificate
or permanent Board of Elections personal registration card may be
used as proof of citizenship.
(5)
A statement as to whether or not the applicant has ever been convicted
of or is now under charge of any crime, misdemeanor or violation of
any municipal ordinance, the nature of the offense and the punishment
or penalty assessed therefor, and such other facts or evidence as
is deemed necessary to establish that the applicant is a person fit
and capable of properly conducting the activity or business for which
the permit is sought.
(6)
A description of the exact type of business that the applicant intends
to conduct.
(7)
The name and address of the owner or owners of the land and the nature
of the right of occupancy of the applicant to use such land.
(8)
Two photographs of the applicant, taken not more than 60 days prior
to the filing of the application, which photographs shall be two inches
by two inches, showing the head and shoulders of the applicant in
a clear and distinguishing manner. Two photographs and fingerprints
are required of each individual applicant; two photographs and fingerprints
of each partner; no photographs are required of corporate applicants,
but all officers must be fingerprinted, as well as any stockholder
of 10% or more of the stock.
(9)
If the applicant is a corporation, the name, address and title of
the officer of the corporation upon whom process or other legal notice
may be served.
B.
A copy of the applicant's fingerprints shall be mailed to the
Division of Criminal Justice Services, Albany, New York, requesting
a fingerprint search. The Village Clerk-Treasurer shall secure from
the applicant the required fee in the form of a check or money order
made payable to the New York State Division of Criminal Justice Services.
Upon the receipt of the permit application by the payment of
the required fee to the Village Clerk-Treasurer, and, upon the approval
of the application by the Board of Trustees, the Village Clerk-Treasurer
shall prepare and deliver the permit to the applicant. Each permit
shall be signed by the Village Clerk-Treasurer at the direction of
the Board of Trustees and sealed with the Village Seal. However, no
permit shall be granted under this chapter to any dealer in secondhand
articles:
A.
Who has been convicted of any offense which, under the laws of the
State of New York, constitutes a crime involving moral turpitude.
B.
Who has been found by any court of the state to have practiced any
fraud, deceit or misrepresentation in the conduct of the secondhand
dealer business unless the Board of Trustees shall decide in any particular
case upon the facts there presented that it is proper to issue the
permit applied for.
C.
Whose permit under this chapter has been revoked at any time during
the year prior to the time of the application for permit.
D.
Whose permit has been suspended under this chapter, and the period
of such suspension has not expired at the time of this application
for the permit.
Every dealer in secondhand articles shall furnish to the Police
Commissioner of Nassau County, or his agent, at such times and in
such manner and at such intervals as shall be specified by the Police
Commissioner all information requested by the Police Commissioner
relative to all records required to be kept under this chapter. Such
information shall be supplied on forms to be designated and supplied
by the Police Commissioner. Duly permitted dealers in antiques shall
furnish daily reports of purchases of secondhand articles within 72
hours of their receipt thereof.
It shall be unlawful for any dealer in secondhand articles to:
A.
Engage in selling activities at any place other than the place of
business designated in such permit.
B.
Purchase any secondhand goods or things from any person whom he knows
to be or has reason to believe is a minor.
C.
Purchase any secondhand goods or articles from any person between
the hours of 10:00 p.m. and 7:00 a.m.
D.
Sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly permitted by the Incorporated Village of Farmingdale, until the expiration of 15 business days after the acquisition by such dealer of such articles. Duly permitted dealers in antiques may sell or dispose of secondhand articles during a period of time prior to the expiration of said 15 days mentioned above, provided that the required record of purchases and sales are met pursuant to § 448-10 hereof.
E.
Be permitted 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 junk, old rope, old iron, brass,
copper, tin, lead, rubber, paper, rags, bagging, slush or empty bottles
or employ or use a boat, cart or other vehicle for the purpose of
collecting any such things or materials.
Every person permitted as a dealer in secondhand articles who
also sells new articles within the permitted premises shall label
all new articles in such a manner that the public will be informed
of the nature of such articles.
A.
If any articles shall be advertised in any newspaper printed in the
County of Nassau as having been lost or stolen and if any goods or
articles answering such advertised description or any part thereof
shall be in or come into the possession of any dealer in secondhand
articles, upon receiving actual written or oral notice of the similarity
of description of such articles, such dealer shall immediately give
information relating thereto to the Police Commissioner of Nassau
County or his agent. No disposition of such articles shall be effected
until authorization to do so shall be given to such dealer by the
Police Commissioner or his authorized agent. A dealer in secondhand
articles, when notified by the Nassau County Commissioner of Police
or his agent that property in his 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
to the dealer in writing by the Police Commissioner of Nassau County,
or his agent, allowing such removal or sale.
B.
Every dealer in secondhand articles who shall have or receive any
articles alleged or supposed to have been lost or stolen shall exhibit
the same, on demand, to the Commissioner of Police of Nassau County,
or any authorized inspector of permits, to any police officer or to
any person duly authorized in writing by the Commissioner of Police
to examine such articles, who shall exhibit such written authority
to such dealer.
A.
Every dealer in secondhand articles shall keep a bound book, in a
form prescribed by the Commissioner of Police of Nassau County, of
consecutively numbered transactions, in which shall be legibly written
in English, at the time of every purchase or sale to or from a person
other than a dealer in secondhand articles, a description of every
secondhand article so purchased or sold, the number or numbers and
any monograms, inscriptions or other marks of identification that
may appear on such article, 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, the name and residence address of the person from whom such
purchase was made and the day and hour of the purchase.
B.
Every dealer in secondhand articles who receives secondhand articles
on consignment shall keep a record, in the above-prescribed book,
describing the articles and the name and description of the person
or dealer such items are received from.
C.
As between dealers, all transactions shall be recorded, in the above-described
book, and legible records kept describing the articles, including
a detailed description of all jewelry and costume jewelry.
D.
Such books shall be kept on the business premises of the secondhand
dealership or at the place designated on the duly approved permit
at all times during normal business hours. Such books shall be open
to the inspection of any police officer, to the Commissioner of Police
of Nassau County, or any inspector of permits, or any person duly
authorized in writing for such purposes by the Commissioner of Police
of Nassau County, who shall exhibit such written authority to the
dealer.
E.
Duly permitted dealers in antique articles shall keep a record of
bulk purchases in the bound book, noting the invoice number on each
bulk purchase. All identifiable secondhand articles which are part
of the bulk purchase shall be entered individually in the ledger book
and reported individually to the Nassau County Police Commissioner
within 72 hours after such bulk purchase.
F.
Every dealer in secondhand articles shall make available all business
premises and any and all rooms or portions of rooms thereof of the
secondhand dealership at all times during normal business hours and
all articles therein pertaining to said business for inspection by
the Commissioner of Police or any inspector of permits, or any person
duly authorized in writing for such purposes by the Commissioner of
Police who shall exhibit such written authority to the dealer.
A.
It shall be the duty of every secondhand dealer to verify the identity
of every person from whom he purchases an article 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.
C.
It shall be the duty of every dealer in secondhand articles to require
that every person from whom an article is purchased sign his name
in the presence of the secondhand dealer and to compare the signature
with the signature on the identifying document, if any, and retain
on his premises the person's signature together with the number
and description of the identifying document, if any.
The Board of Trustees, after notice, may revoke or suspend a
permit issued hereunder for any of the following reasons:
A.
Fraud, misrepresentation or false statement contained in the application
for the permit.
B.
Any violation of this chapter.
C.
Conviction of any crime or offense involving moral turpitude.
D.
Conducting the activity as a dealer in secondhand articles in an
unlawful manner or in such a manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.
A.
A failure to comply with the provisions of this chapter shall constitute
a violation and be punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days, or by both fine and imprisonment.
The continuance of an offense shall constitute a separate and distinct
violation hereunder for each day the offense is continued, and the
person violating the same shall be a disorderly person and such violation
shall constitute disorderly conduct.
B.
Conviction of any person or persons for any offense against the provisions
of this chapter shall constitute and effect an immediate forfeiture
of any and all permits issued pursuant to this chapter to said person
or persons.
C.
In addition to the above-provided penalties and punishment, the Board
of Trustees of the Incorporated Village of Farmingdale may also maintain
an action or proceeding in the name of the Village of Farmingdale
in a court of competent jurisdiction to compel compliance with the
provisions of this chapter or to restrain by injunction an offense
against this chapter.
It shall be the duty of any police officer of the County of
Nassau to require any person seen dealing in secondhand articles and
who is not known by such police officer to be duly permitted to produce
or display his secondhand dealer's permit and to enforce the
provisions of this chapter against any person found to be violating
the same.
