[HISTORY: Adopted by the Board of Trustees of the Village
of Waverly 7-24-2012 by L.L. No. 3-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 111.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who buys for his own use or for the use of another,
but not for resale.
Any natural person, firm, partnership, limited liability
partnership, association, corporation, limited liability company,
or any other type of business entity.
Includes an exchange or trade for a secondhand item.
A business which engages in the purchase for resale of any
secondhand gold, silver, platinum, diamonds or other precious gems
or any of the following:
Items containing gold, silver, platinum, diamonds or other precious
gems;
Bicycles;
Radios;
Televisions;
Stereo equipment;
Jewelry;
Watches;
Cameras and video equipment and accessories;
Furniture;
Appliances;
Typewriters, calculators, office equipment.
Computer hardware equipment;
Computers and computer equipment;
Video games;
Stamps;
Coins;
Automotive pads or equipment; or
Motor vehicles.
Any person who conducts a secondhand business in the Village
for purchasing, selling, trading or dealing in any secondhand articles.
A secondhand dealer does not include a licensed collateral loan
broker, used automobile dealer, junk dealer (NOTE: State law reference—
Junk dealers, General Business Law § 60 et seq.; secondhand
watch dealers, General Business Law § 392.), junk automobile
dealer or automobile parts dealer, furniture or antique dealer, a
person engaged in estate transactions. or a person purchasing goods
not previously sold to a consumer.
A.
Any violation of this Code shall constitute a violation as prescribed
by Penal Law § 55.10, and shall be punished by a fine not
exceeding $250, or by imprisonment not exceeding 15 days, or both.
Each day any violation of any provision of this Code or of any such
ordinance or resolution shall continue shall constitute a separate
offense.
B.
In addition to the penalty provided in Subsection A of this section, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the Village, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
No person shall carry on the business of secondhand dealer in
the Village without first obtaining a license.
A.
An application for a secondhand dealer license shall be made to the
Village of Waverly, on forms prescribed by the Village Clerk.
B.
Upon receipt of an application for a secondhand dealer license, and
after approval of the Zoning Code compliance by the code enforcement
officer, the code enforcement officer shall cause an inspection to
be made of the applicants business premises to determine whether public
safety problems exist, and the chief of police shall cause an investigation
to be made of the background of the owner and operator of the business.
Before the issuance of a license, the chief of police and his representatives
shall have the right to enter upon such premises during normal business
hours for the purpose of making inspections. Further inspections of
the premises may be made after a license has been issued to ensure
compliance with the laws, ordinances and rules and regulations relating
to secondhand business.
C.
The owner, operator and employees of any secondhand business shall
be of good character and shall maintain good order on the business
premises at all times.
D.
The Village Board may promulgate rules and regulations to govern
the operation of secondhand businesses so as to provide for the orderly
operation of the businesses and to ensure the public safety and the
peace and tranquility of the neighborhoods where the businesses are
located.
E.
It shall be the duty of all holders of a secondhand dealer license
to notify the chief of police of any changes in information supplied
on their license applications within 20 days of such change.
F.
The chief of police, after having investigated the background of
the owner and operator of the business, shall make a recommendation
to the Village Board regarding the approval or disapproval of the
application for a license. The Village shall direct the issuance of
the license only upon a majority vote of the Board of Trustees of
the Village and upon such terms and conditions as may be prescribed
by such Board for the benefit and welfare of the Village of Waverly.
The Board may deny a license or deny the renewal of a license to any
applicant who is not of good character, who is not a fit and proper
person to hold a license issued under this article, or who makes a
material misrepresentation on the license application. The Board of
Trustees shall give the applicant written notification of the mason
for denial of a license.
G.
The chief of police shall have the power to investigate and inquire
into the license applicants under this article.
A.
A secondhand dealer license may be revoked or suspended at any time
for cause, after a hearing conducted by the Board of Trustees, if
the secondhand dealer is in violation of this article, or any ordinance
or law, or for any false statement of material fact in the application
for license.
B.
When the license is suspended or revoked, the license shall be returned
to and retained by the Village Clerk and shall be returned only after
the expiration of the suspension period.
C.
Before suspending or revoking a license, the chief of police or his
designee shall give the holder of the license written notice of the
charges constituting cause for the suspension or revocation of the
license, together with notice setting forth the date, time and place
that a hearing will be had upon such charges before the Board of Trustees
and informing the holder of the license of the right to answer such
charges. The notice of charges and notice of hearing shall not be
less than 10 days from the date of personal service of said notices.
Each secondhand dealer license shall expire one year from the
date of issuance.
The annual fee for a secondhand dealer license shall be $75.
A.
Every secondhand dealer shall keep a record book in which shall be written, at the time of the dealer's purchase of any item, the date and time when the purchase was made, a description thereof the name, age and personal description of the person from whom the purchase was made, and a description of the means of identification and the identification number required pursuant to § 115-9A. All such record books shall be open to any member of the Police Department of the Village. The record books shall be securely bound, not less than six inches in either length or width, legibly written in the English language and shall show the amount paid for each item and the number attached to each item. No entry in such book shall be erased, obliterated, altered or defaced.
B.
Every secondhand dealer shall, at the time of making any purchase, attach a tag to or otherwise legibly number each item bought and make entry of such number in the record book required by Subsection A of this section.
C.
Every secondhand dealer shall make out each business day, on blank
forms to be furnished by the chief of police a record containing the
details of all purchases of secondhand items during the preceding
business day. The dealer shall deliver such record to the chief of
police or his representative, by mail, facsimile transmission, electronic
mail, or in person, on the same day in which the record is completed.
The details to be reported on each purchase shall be prescribed by
regulations promulgated by the chief of police.
D.
If several items are purchased from the same person in a single transaction,
they may be reported and tagged as a group, provided that each item
is accurately described. Items may be described in commonly accepted
terms of trade.
E.
No secondhand dealer shall permit any item which has been purchased or received by him to be sold, defaced or wholly or partly dismantled until 30 business days have elapsed after the giving of the notice of the purchase of such article as required in Subsection C of this section. Items purchased or received from another secondhand dealer licensed under this article shall be exempt from this provision, provided that such items had been held for the required time period by the secondhand dealer disposing of the items.
A.
No secondhand dealer shall receive or purchase any item unless the
person selling or trading the item identifies himself by means of
a driver's license, state picture identification card or other
means of identification approved by the chief of police. A sheriff's
department identification card or college or school identification
card by itself shall not be sufficient for purpose of identification.
The secondhand dealer shall make and retain a photocopy of the picture
identification card.
B.
No secondhand dealer shall receive or purchase any item from any
intoxicated person.
C.
No secondhand dealer shall receive or purchase any item from a person
who is under 18 years of age, unless such person is accompanied by
a parent or guardian.
D.
No secondhand dealer shall have his place of business open for the
transaction of business between the hours of 11:00 p.m. and 8:00 a.m.
E.
Every secondhand dealer shall post his secondhand dealer license
in a conspicuous location in the place of business.
F.
No secondhand dealer shall conduct his business at any place other
than the premises indicated on his application for a secondhand dealer's
license.
The following are exempt from the secondhand dealer licensing
requirements:
A.
Garage sales, basement sales, porch sales, yard sales and other such
events at which a person desires to sell or trade his personal used
items, household goods, furniture or equipment upon his premises,
said premises not being a regular place of business for the purchase
or sale of secondhand items, shall be exempted from the license requirement
of this chapter. No more than two such sales shall be conducted by
the same person upon the same premises within one calendar year, and
each sale shall not exceed three consecutive days.
B.
Sales conducted for charitable purposes shall be exempted from the
license requirement of this article. The determination of whether
a sale is being conducted for a charitable purpose shall be made by
the chief of police.
C.
This article shall not apply to the refund of secondhand items for
credit, exchange or refund to the person from whom said items were
originally obtained, provided that the items were not secondhand items
when originally obtained.
Payment for all items purchased by a secondhand dealer shall be made by means of a check drawn on the secondhand dealer's account and made out in the name of the person selling the item. The secondhand dealer shall record on the face of the check the number affixed to the item purchased pursuant to § 115-9B. This section shall not apply to items purchased from a single individual for an aggregate price of less than $10.
This chapter equires any business currently operating as a secondhand
business or dealer to apply for a license within 30 days of the effective
date of this law.
