[HISTORY: Adopted by the Board of Trustees of the Village
of Hudson Falls 6-13-2011 by L.L. No. 3-2011. Amendments noted where
applicable.]
In the last several years, there has been an increase in the
amount of businesses dealing in the purchase and sale of secondhand
articles in the Village of Hudson Falls. Despite pervasive and regular
regulation throughout this state and the country, this industry has,
until now, remained unregulated in the Village of Hudson Falls. Unfortunately,
this lack of regulation has created an ideal scenario for criminals
to dispose of stolen property through these businesses. Therefore,
the Village Board of the Village of Hudson Falls has concluded that
regulation in this industry is necessary to protect the public and
to aid law enforcement officials in their efforts to control and reduce
the incidents of crime involving stolen property. To further these
goals, this legislation imposes various licensing and recordkeeping
requirements on dealers in secondhand articles.
This legislation is adopted pursuant to the Municipal Home Rule
Law of the State of New York.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person seeking a license to operate as a dealer in secondhand
articles under this chapter.
Any person dealing in the purchase or sale of any secondhand
radios, stereos, MP3 players, computers, phones, televisions, household
appliances, either electric or manual, automobile accessories or parts,
including tires, office furniture, business machines and other secondhand
articles of whatsoever nature, or dealing in the purchase or sale
of any secondhand manufactured or handmade articles composed wholly
or in part of gold, silver, platinum or other precious metals, or
dealing in the purchase or sale of old gold, silver, platinum or other
precious metals, or dealing in the purchase of articles or things
comprised of gold, silver, platinum or other precious metals for the
purpose of melting or refining, or engaging in the melting of precious
metals for the purpose of resale. Nothing contained in this chapter
shall be construed to apply to household furniture and furnishings,
pianos, books, magazines, tapestries, burlaps, paintings, drawings,
etchings, engravings or automobiles, nor to exchanges, returns or
credits of merchandise when the article or articles exchanged, returned
or credited are accepted in full or part payment for new merchandise.
"Dealer" or "dealer in secondhand articles" shall not refer to temporary
or transient vendors such as those engaged in temporary flea markets,
garage sales, or other special events attracting tourists to the area.
A license to engage in the business of a dealer in secondhand
articles in the Village of Hudson Falls.
A dealer in secondhand articles that has acquired, pursuant
to this chapter, a license to engage in the business of a dealer in
secondhand articles in the Village of Hudson Falls.
Any individual, partnership, limited liability company, associations,
joint-stock companies or any other entity.
The Village of Hudson Falls.
The Village Board of the Village of Hudson Falls.
The Village Clerk of the Village of Hudson Falls.
No person shall, within the Village, establish, engage in or carry on the business of a dealer in secondhand goods, as defined in this chapter, either separately or in connection with some other business, without first having obtained and paid for, and having in full force and effect, a license as required by this chapter. Any person operating the business of a dealer in secondhand goods without first having obtained the license required hereunder shall be subject to the penalties set forth in § 87-19 below.
A.
Every person desiring to obtain a license pursuant to this chapter
shall file with the Village Clerk a written application upon a blank
form prepared and furnished by the Village Board. Such application
form maybe amended from time to time at the Village Board's discretion
but shall, at a minimum, contain the following information:
(1)
If the applicant is an individual, the name, social security number,
date of birth, telephone number and home address of the applicant,
or if the applicant is an entity, the names, social security numbers,
dates of birth, telephone numbers and home addresses of all principal
employees, officers, directors, partners or members of such entity.
(2)
If the applicant is an individual, the length of time such applicant
has resided in the Village, or if the applicant is an entity, the
length of time the principal employees, officers, directors, partners
or members of such entity have resided in the Village.
(3)
The business address of the applicant.
(4)
The business telephone number of the applicant.
(5)
A detailed description of the character of the business in which
the applicant desires to engage.
(6)
A statement as to whether the applicant has previously been a dealer
in secondhand articles in New York or any other state. If so, the
applicant shall specify the name of the business and its previous
business address.
(7)
If the applicant is an individual, whether he or she has been convicted
of any crime or violation, other than parking offenses, or if the
applicant is an entity, whether any of the principal employees, officers,
directors, partners or members have been convicted of any crime or
violation, other than parking offenses. The applicant shall set forth
the nature of the crime or violation, the court handling the offense
and the punishment or penalty therefor. The applicant may also include
in this statement any facts or circumstances related to such crimes
or violations that may establish, despite a conviction, that the applicant
is fit to operate as a dealer in secondhand articles.
B.
Such application shall be signed and acknowledged before a notary
public or other official authorized to administer oaths in the Village.
C.
The Village Board, upon the receipt of an application, may require
that an applicant, or any other individual having knowledge of information
relevant to applicant's license application, provide further
evidence or information. The Village Board may, in its sole discretion,
conduct a hearing for the purpose of gathering further information
regarding the applicant's application.
D.
An application fee in an amount set forth in the Village's fee
schedule shall be submitted with each application.
Applicants shall be fingerprinted for the purpose of securing copies of their criminal history records. The applicant shall pay all processing fees associated with fingerprinting. If the applicant is an individual, fingerprints shall be taken of the individual applicant. If the applicant is an entity, fingerprints shall be taken of the principal employees, officers, directors, partners or members. Any individual required to be fingerprinted under this § 87-6 shall furnish to the Village Board two current passport-size photographs of such person.
A.
The Village Board shall review all signed applications and may, in
its sole discretion, conduct an investigation regarding the applicant's
application. Upon the completion of such review and investigation,
the Board shall grant, either with or without conditions, or deny
the applicant the license.
B.
The Village Board may deny an applicant a license if:
(1)
The applicant has failed to meet the requirements of this chapter;
(2)
The licensee made any misrepresentation or false statement in his
or her application for the license;
(3)
The licensee has been convicted of any crime or violation, which,
in the sole judgment of the Village Board, has a direct relationship
to the licensee's fitness or ability to perform a licensee's
activities under this chapter, including crimes or violations involving
larceny, fraud, possession or sale of stolen property; or
C.
At the request of any individual previously convicted of one or more
criminal offenses who has been denied a license, the Village Board
shall provide, within 30 days of a request, a written statement setting
forth the reasons for such denial.
D.
Upon the denial of a license, the application fee shall not be refunded
to the applicant.
A.
All businesses currently operating as dealers in secondhand articles shall have six months from the effective date of this chapter to apply for and obtain the license required under this chapter and to post the bond required under § 87-11. Until such time, said businesses may continue to operate without the license or bond required by this chapter.
B.
Except as provided in § 87-8A above, all businesses currently operating as dealers in secondhand articles shall be subject to all other requirements of this chapter as of the effective date set forth below.
C.
A business currently operating as a dealer in secondhand articles
shall not be denied a license under this chapter by the Village Board
without being provided an opportunity to be heard at hearing held
not less than five business days after written notice of such is given
to the applicant, either in person or by registered or certified mail.
The term of a license under this chapter shall be one year from the date of issue, unless such license is revoked pursuant to § 87-12 below.
A.
Licensees may apply for a renewal of their licenses on a form provided
by the Village Board. Failure to renew a license shall result in its
expiration at the end of its one-year term.
B.
If an application for renewal is submitted at least 60 days before
the expiration date, the Village Board shall grant or deny renewal
before such expiration date.
C.
If an application is submitted within 60 days of the expiration date,
the Village Board shall have no obligation to grant or deny renewal
before the expiration date. In such case, a licensee shall not operate
as a dealer in secondhand articles after the expiration date and while
his, her or its application remains pending.
A.
The Village Board may suspend or revoke a license granted under this chapter if the Village Board, after providing the notice and opportunity to be heard set forth in § 87-12B below, finds that:
(1)
The licensee made any misrepresentation or false statement in his
or her application for the license;
(2)
The licensee has violated any of the provisions of this chapter;
(3)
The licensee has been convicted of any crime or violation, which,
in the sole judgment of the Village Board, has a direct relationship
to the licensee's fitness or ability to perform a licensee's
activities under this chapter, including crimes or violations involving
larceny, fraud, possession or sale of stolen property; or
(4)
The licensee is conducting his or her business as a dealer in secondhand
articles in an unlawful manner or in such a manner as to constitute
a breach of the peace or a menace to the health, safety or general
welfare of the public.
B.
Except as provided in Subdivision C of this § 87-12, a license under this chapter shall not be suspended or revoked by the Village Board without being provided an opportunity to be heard at hearing held not less than five business days after written notice of such is given to the licensee, either in person or by registered or certified mail.
C.
The Village Board, upon receiving information giving it reasonable cause to believe that a licensee has committed any of the acts set forth in § 87-12A above, may temporarily suspend such license until such time as a hearing is held pursuant to § 87-12B above and a determination is rendered thereon.
D.
Whenever any license is revoked or suspended, no refund of any application
fee, annual license fee or bond shall be made to the licensee.
A.
Every dealer in secondhand articles shall keep a substantial bound
book in which shall be legibly written in ink and in English at the
time of every purchase or sale a description of every article so purchased,
which shall include the following:
(1)
A description of every article so purchased or sold;
(2)
The name and address of the seller or buyer of every article so purchased
or sold;
(3)
The serial number or numbers and any monograms, inscriptions or other
marks of identification that may appear on the article;
(4)
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.
B.
In the case of the purchase or sale of a pawnbroker ticket or other
evidence of a pledged article, or a redemption or sale of a pledged
article, there shall be written in such book at the time of such purchase,
sale or redemption:
(1)
The name and address of the person who issued such ticket or other
evidence;
(2)
The pledge number of such pawn ticket or other evidence;
(3)
The name and address of the pledger as it appears on such pawn ticket
or other evidence;
(4)
The amount loaned or advanced as it appears on such pawn ticket or
other evidence;
(5)
The name and address of the person from whom or to whom the redeemed
article is purchased or sold, as the case may be;
(6)
The sum paid or received from such pawn ticket or other evidence,
or the sum paid or received for the redeemed article or pledge; and
(7)
Such description of a pledged article as appears on such pawn ticket
or other evidence and an accurate description of every redeemed pledged
article.
C.
Transactions between dealers in secondhand merchandise shall also be recorded as set forth in this § 87-13.
D.
Every dealer shall require every person selling, buying, exchanging
or otherwise transferring any article to or from the dealer to prove
his or her identification using a driver's license or other photo
identification.
E.
The records required by this § 87-13 may be maintained in digital form (e.g., on a computer), so long as paper reports showing the required information may be obtained from the computer on demand. A licensee shall not be relieved of his or her responsibility under this chapter to produce the above records as a result of the loss of the digital form of such records (e.g, a computer crash).
F.
The records required by this § 87-13 shall be maintained on the business premises of the licensee during normal business hours. Such records shall be open to inspection, during normal business hours, by any police officer, the Village Clerk, the Village Chief of Police, a Village Magistrate, the Village Mayor or any person duly authorized in writing by the Village Police Chief or the Mayor for such purposes.
Every licensee shall file a report with the Village Chief of Police, or his or her designated representative, on the fifth day of each month, before the hour of 12:00 noon, setting forth, at minimum, a description of all property received or sold during the immediately preceding month and the date and time when said property was received or sold. All such reports shall be made on a blank form prepared and furnished by the Village Chief of Police. Nothing in this § 87-14 shall be construed to prevent the Village Chief of Police, or his or her designated representative, from requesting such reports to be filed on such other date or at such other times and frequency, as exigency of police business may require.
A.
No dealer in secondhand articles shall continue to carry on its business
after his, her or its license has been revoked or suspended or has
expired.
B.
No dealer in secondhand articles shall purchase from or sell to any
person under the age of 18 years any secondhand articles.
C.
No person shall destroy, deface or injure a license in any manner
or change the name, number or dates thereon.
D.
Articles that have been kept by the dealer in secondhand articles
for a period of time required by New York law or this chapter, or
that have been received from persons known to be jewelers, dealers
in secondhand articles, banking institutions, executors or administrators,
shall not be sold or disposed of by any dealer in secondhand articles
until the expiration of 10 business days after receiving said articles.
All secondhand articles purchased for the purpose of melting or refining
by persons principally engaged in such business shall not be sold,
refined, melted or disposed of until the expiration of 10 business
days after such purchase.
A.
The Village Police Department may, from time to time, furnish local
dealers in secondhand articles with a list of all articles reported
to the Police Department as lost or stolen. If any such articles,
or any part thereof, shall be in possession of a licensee, or shall
thereafter come into the possession of such licensee, such licensee
shall promptly notify the Police Department of the same.
B.
If a licensee has any other reasonable grounds to believe that property
offered for sale to such licensee, or property in the possession of
such licensee, has been stolen or acquired by dishonest means, such
licensee shall promptly notify the Police Department of the same.
In the event a licensee shall carry on the business of a dealer
in secondhand articles at a location other than the one designated
in the license, the licensee shall, within one week, notify the Village
Clerk in writing that such business is being carried on at such location.
A license granted pursuant to this chapter may not be transferred
by the licensee to any other person.
A.
Any person who shall establish, engage in or carry on the business
of a dealer in secondhand articles without a license, or who, after
having his, her or its license revoked, shall continue to engage in
or carry on the business of a dealer in secondhand articles, or who
shall violate any of the provisions of this chapter shall, upon conviction
thereof, be subject to a fine of not less than $500 nor more than
$1,000 or to imprisonment for not more than six months, or to both
fine and imprisonment. Each day on which such violation continues
shall constitute a separate offense.
B.
In addition to the above, the Village Board may, in its sole discretion,
suspend or revoke the license of any violating licensee and/or require
that the bond upon such license be forfeited. Upon such forfeiture,
the amount of the bond shall thereupon become due and payable to the
Village, and the amount thereof may be received in a civil action
based upon such forfeiture.
This chapter shall take effect immediately upon filing with
the Secretary of State for the State of New York.
