[HISTORY: Adopted by the Board of Trustees of the Village of Garden
City 1-8-1981 as L.L. No. 2-1981. Amendments
noted where applicable.]
The apparent ease with which secondhand dealers may buy and dispose
of personal property indicates the need for the enactment of a local law to
control and regulate their everyday business transactions. The security involved
in the handling of secondhand property has become a matter of concern to police
agencies. For such business enterprises to be allowed to continue to operate
without a local law to control and regulate the purchase of secondhand articles
not only jeopardizes the property rights of many people but restrains police
agencies in their efforts to recover stolen property and identify suspects.
This chapter is designed to control and regulate secondhand dealers so as
to curtail the disposition of stolen property, increase the percentage of
stolen property recovered, increase the probability that the general public
will receive a fairer deal in their business transactions and better the means
to allow the police agencies to obtain more information necessary to apprehend
those responsible for the theft of property and disposition thereof.
For the purpose of this chapter, certain words are defined as follows:
The Police Chief of the village.
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,
silver, platinum or other precious metals, automobiles, coins, stamps or currency,
firearms, rifles, shotguns, cameras, business machines, musical instruments,
outboard motors or electronic equipment; or
Accepts or receives secondhand articles as returns of merchandise or
in exchange for or for credits on any other articles or merchandise; or
Is engaged in melting precious metals for the purpose of sale; or
Deals in the commercial purchase or sale of pawnbroker tickets or other
evidence of pledged articles or, not being a pawnbroker, deals in the redemption
or sale of pledged articles.
Any individual, association, company, firm, corporation, partnership,
society or any other entity.
The Incorporated Village of Garden City.
A.
In addition to the businesses, places, trades, occupations
and things required to be licensed by statute or by other ordinances or local
laws of the village, no person shall act as a dealer in secondhand articles
without first obtaining a license in accordance with the requirements of this
chapter.
B.
The annual license fee for each dealer in secondhand
articles shall be in such amount as determined from time to time by resolution
of the Village Board of Trustees.
[Amended 3-7-1996 by L.L. No. 1-1996]
C.
When an applicant for a license hereunder has not engaged
in the business or occupation until after the expiration of more than six
months of the current license year, the license fee for the remaining period
of the current license year shall be one-half (1/2) the yearly fee, and said
fee shall be paid for the remaining six months or fraction thereof, during
which the business has been or will be conducted.
D.
All licenses for dealers in secondhand articles shall
be issued as of January 1 each year and shall expire on December 31 next succeeding
the date of issuance thereof unless sooner revoked or suspended.
Applicants for a license shall file with the Village Clerk an application
containing the following information:
A.
The name and legal description of the applicant. Individuals
operating under an assumed trade name must attach a certified copy of the
assumed name certificate filed in the Nassau County Clerk's office. A
partnership conducting a business, whether or not under an assumed name, must
attach a certified copy of the partnership certificate filed in the Nassau
County office. A corporation incorporated in New York must attach a true copy
of the filing receipt for the Certificate of Incorporation from the New York
Secretary of State. A corporation incorporated outside New York State must
furnish a true copy of its certificate of authority to do business in New
York State from the New York Secretary of State.
B.
The local address of the applicant and the address of
its principal place of business.
C.
A statement that an individual applicant is of legal
age.
D.
A statement as to whether the applicant is a United States
citizen, and, if citizenship was obtained by naturalization, the applicant
must attach a true copy of the naturalization certificate. If not a United
States citizen, attach a true copy of visa.
E.
A statement as to whether or not the applicant or any
partner or corporation officer has ever been convicted 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 the Village Clerk shall deem necessary to establish that the applicant
is a person fit and capable of properly conducting the activity or business
for which the license is sought.
F.
A detailed description of the nature of the business
the applicant intends to conduct.
G.
The name and address of the landlord of the premises
to be used for the conduct of the business and attach a copy of the lease
for the premises.
H.
Two photographs of the applicant, taken not more than
60 days prior to the filing of the application, which photographs shall be
two by 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 are
required of each partner; two photographs and fingerprints are required of
each corporate officer and of any stockholder of 10% or more of the corporate
stock.
I.
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.
J.
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 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."
K.
A surety bond to the village written by a surety licensed
to do business in New York State in a form approved by the Village Clerk in
the penal sum of $2,000, conditioned on the due observance of all laws relating
to secondhand dealers.
A.
Upon receipt of a properly completed license application
and bond by the Village Clerk and the payment of the prescribed fees required
of the applicant, the Village Clerk shall prepare and deliver a license to
the applicant.
B.
The Village Clerk shall keep a record of all licenses
issued.
C.
No license shall be granted under this chapter to any
dealer in secondhand articles:
(1)
Who has been convicted of a crime; or
(2)
Who has been found by any court of competent jurisdiction
to have practiced any fraud, deceit or misrepresentation in the conduct of
the secondhand dealer business; or
(3)
Whose license under this chapter has been revoked at
any time during the year prior to the time of the application for the license;
or
(4)
Whose license has been suspended under this chapter and
the period of such suspension has not expired at the time of this application
for the license.
A.
No dealer in secondhand articles shall carry on business
without a license or at any other place than the one designated in his license.
B.
No dealer in secondhand articles shall purchase or receive
any secondhand goods, articles or things whatsoever between the hours of 9:30
p.m. and 7:00 a.m.
C.
No articles, goods or things purchased or received by
a secondhand dealer shall be sold or disposed of by the secondhand dealer
until the expiration of 15 days after purchase or redemption thereof.
D.
No dealer in secondhand articles, while licensed as such,
shall be licensed as a pawnbroker or junk dealer; nor shall any sign or other
device or subterfuge be displayed, used or employed by any dealer in secondhand
articles, in or about the premises where such business is conducted, which
in anywise resembles the emblem or sign 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 and calculated to so
mislead; nor shall there be any sign displayed which is calculated to deceive.
E.
No dealer in secondhand articles shall continue to carry
on business after his license is suspended, revoked or shall have expired.
F.
No dealer in secondhand articles shall purchase or receive
any secondhand goods, articles or things whatsoever from any person under
18 years of age.
G.
All licenses shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity of business
for which it is issued.
H.
All licenses are personal with the licensees. They do
not go with title to the land, nor may they be sold, assigned, transferred
or disposed of.
A.
Every dealer in secondhand articles shall keep a bound
book in which shall be legibly written in English, at the time of every purchase
or sale, a description of every article so purchased or sold, any numbers,
monograms, inscriptions or other marks of identification that may appear on
the article, the name, address and description of the person from whom such
purchase was made or to whom sold and the day and hour of the purchase or
sale.
B.
In case of a 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 said book at the time of such purchase,
sale or redemption:
(1)
The name and address of the person who issued the said
ticket or other evidence.
(2)
The pledge number of said pawn ticket or other evidence.
(3)
The name and address of the pledger as it appears upon
said pawn ticket or other evidence.
(4)
The amount loaned or advanced as it appears on said pawn
ticket or other evidence.
(5)
The day and hour of such purchase, sale or redemption.
(6)
The name, address and description of the person from
whom or to whom the redeemed article is purchased or sold.
(7)
The sum paid or received for such pawn ticket or other
evidence or the sum paid or received for the redeemed article or pledge.
(8)
Such description of the pledged article as appears on
said pawn ticket or other evidence and a description of each redeemed pledged
article.
C.
Said book shall be kept on the business premises of the
secondhand dealer at all times during regular business hours. Said book shall
be open to inspection of any police officer, the Village Clerk or any person
duly authorized in writing for such purpose by the Village Mayor, Village
Clerk or Police Chief.
A.
It shall be the duty of every secondhand dealer to verify
the identity and age of every person from whom he purchases or receives 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: 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 issued.
C.
It shall be the duty of every dealer in secondhand articles
to require that every person from whom an article is purchased shall sign
his name in the presence of the secondhand dealer, to compare the signature
with the signature on the identifying document and to retain on his premises
the person's signature, together with the number and description of the
identifying document.
Every dealer in secondhand articles, upon being served with a written
notice by a member of the Police Department, shall report to the Police Chief
a summary of the records required to be kept under this chapter with regard
to all goods, articles or things purchased, received or sold in the course
of business of the secondhand dealer during the days specified in such notice.
A.
If any articles, goods or things shall be advertised
in any newspaper as having been lost or stolen, and if any articles, goods
or things 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 notice, written or verbal, of the similarity of description
of such articles, goods or things, such secondhand dealer shall immediately
give information relating thereto to the Police Chief or his authorized agent.
No disposition of such articles, goods or things shall be effected until written
authorization to do so shall be given to such secondhand dealer by the Police
Chief or his authorized agent. A dealer in secondhand articles, when notified
by the Police Chief or his authorized agent that property in the possession
of the secondhand dealer 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 secondhand dealer, in writing, by the Police Chief or his authorized
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 Police Chief, to any police officer or
to any person duly authorized in writing by the Police Chief to examine such
articles.
A.
A license issued under the provisions of this chapter
may be revoked or suspended by the Village Clerk or Village Mayor after notice
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for the license; or
(2)
Any violation of this chapter; or
(3)
Conviction of any crime; or
(4)
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.
B.
Notice of revocation or suspension of a license shall
be given in writing, setting forth the grounds therefor. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address.
A.
The holder of any license which has been suspended or
revoked or any applicant who shall have been denied a license under this chapter
may apply for a review of the action of the Village Clerk as hereinafter provided:
(1)
Such application shall be in writing, signed and acknowledged
by the applicant, and shall state the ground or grounds on which the applicant
claims that the determination of the Village Clerk was erroneous.
(2)
Such application shall be filed within 20 calendar days
after notice of denial of his application or notice of suspension or revocation
of his license has been mailed or delivered to him in person.
(3)
Upon the filing of such application, a hearing thereupon
shall be held before the Village Board of Trustees.
B.
The Board of Trustees, after such hearing, may affirm
the action of the Village Clerk or Mayor or direct the Village Clerk to issue
or reinstate the license.
Nothing contained in this chapter shall be construed to apply to:
A.
Pianos, books, magazines, rugs, tapestries, artists'
burlaps, paintings, sculpture, drawings, etchings and engravings.
B.
The first purchase or sale in the country of any imported
secondhand article.
C.
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,
or to any resale of such merchandise as "new merchandise" or the first subsequent
nonretail or exchange of such merchandise as "used merchandise."
D.
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, or to the first subsequent nonretail sale or exchange of such merchandise.
E.
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.
F.
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.
G.
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.
Every article sold or purchased and every day a sale or purchase is
conducted in violation of this chapter shall constitute a separate offense,
and any person allowing or permitting the continuation of the offense may
be punished as provided herein for each separate violation.[1]
