[HISTORY: Adopted by the County Legislature of the County of Ulster by L.L. No. 4-1985. Amendments noted where applicable.]
Peddling, soliciting and vending — See Ch. 276.
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;
- 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
- 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:
- 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:
Events sponsored by charitable organizations which may include shows, flea markets and bazaars;
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
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.
No person shall engage in any business as a dealer in secondhand articles without obtaining a license therefor in accordance with and subject to the provisions of this chapter.
A licensee shall display the license obtained pursuant to this chapter in the establishment. If a licensee shall maintain more then one establishment within the County of Ulster, he shall obtain duplicate licenses.
All licenses under this chapter shall be issued by the County Clerk of Ulster County. No license shall be issued until:
An application fee of $25 shall accompany each application for license as a dealer in secondhand articles.
The fee for a dealer in secondhand articles license or renewal thereof shall be $5.
There shall be no fee for a duplicate license for a second physical establishment.
The license shall be valid for two years from the date of issuance.
Each licensee shall keep records legibly written in English in a bound book. Each entry shall be made in ink at the time of the transaction and shall be serially numbered and shall include:
A brief description of the object or thing which has been purchased, including but not limited to the make, model, color and serial number when purchased;
The amount paid for the article;
The date and time of the transaction;
The name, home address, date of birth, sex, race and distinguishing features of the person selling the article; and
The type of identification produced by the person selling the article, including, if appropriate, the social security account number, driver's license number or the type of credit card and account number.
No alterations or erasures are to be made in said book. Erroneous entries are to have a single line drawn through them and the corrected entry made on the next line.
The books and records shall be retained in the possession of a licensee for at least three years.
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.
No article or item purchased by a dealer in secondhand articles shall be sold or otherwise disposed of until the expiration of at least three business days from the date of purchase.
All articles subject to this holding shall be available for inspection by the District Attorney of Ulster County or his authorized agent, the Sheriff of Ulster County or his authorized agent, the Troop Commander of the New York State Police within the County or his authorized agent, or any police officer whose geographical area of employment within Ulster County encompasses the physical location of the secondhand articles establishment.
No article shall be purchased from a person who is unable to produce proper and authentic identification.
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.