[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 16
of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Village of Waterloo Secondhand Dealers Law."
A.
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.
B.
The increase in the incidents of property theft, the
widespread use of alcohol and drugs, the decline in the value of the
dollar, the increase in the price of gold and diamonds and the specter
of inflation where barter becomes more of a reality all point to the
imperative that the best interests of the people of the Village of
Waterloo would be served by the enactment of this chapter.
C.
This chapter will ensure a dramatic rise in the percentage
of the stolen property recovered and 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 Village of Waterloo will be protected
and promoted.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the following meanings:
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, electronic equipment or bicycles
and bicycle parts.
Accepts or receives secondhand articles as returns
of merchandise or in exchange for or for credits on any other articles
or merchandise or for cash or currency.
Deals in the commercial purchase or sale of
pawnbroker tickets or other evidence of pledged articles.
Includes any bona fide religious or charitable organization
or bona fide educational, fraternal or service organization or bona
fide organization of veterans or volunteer fire fighters, provided
that each shall operate without profit to its members.
Nothing contained in this chapter shall be construed
to apply to:
A.
Automobiles, 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 or 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 sale or exchange
of such merchandise as used merchandise.
D.
The acceptance or receipt of merchandise in a used
condition as a return, trade-in or 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.
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 Village of Waterloo, if any,
shall be admissible for the purpose of determining whether or not
merchandise is in new or used condition.
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 considered as minimum requirements
and deemed neither to limit nor repeal any other powers granted to
the Village of Waterloo under New York State statutes.
This chapter shall not create any liability
on the part of the Village of Waterloo, its officers, agents or employees
or the Village of Waterloo Police Department, its officers, agents
or employees for any act or damage caused as a result of reliance
on this chapter or any administrative decision lawfully made thereunder.
A.
It shall be unlawful for any person, except an exempt
organization, to act as a dealer in secondhand articles without a
license therefor.
D.
A management license shall authorize the licensee,
who is not a dealer in antiques or unique secondhand articles, to
operate and manage an antique or unique secondhand articles exposition
where such antiques or unique secondhand articles are sold at any
fair, show or exhibit or any place where this merchandise is offered
for sale within the Village of Waterloo during a period of one month
from the date of issuance of such license.
E.
An exposition license shall authorize a dealer in
antiques or unique secondhand articles who maintains no place of business
within the Village of Waterloo to exhibit and sell such articles at
any fair, show or exposition within the Village of Waterloo during
a period of one month from the date of issuance of such license.
A.
Each dealer securing a general license shall furnish
a bond to the Village of Waterloo, with sufficient surety to be approved
by the Village Attorney, in the penal sum of $1,000 conditioned for
the due observance of this chapter relating to such dealers.
B.
Each licensed manager of an antique or unique articles
exposition shall furnish a bond to the Village of Waterloo, with sufficient
surety to be approved by the Village Attorney, in the penal sum of
$1,000, conditioned for the due observance of this chapter relating
to dealers who are exhibitors at the exposition.
C.
The annual license fee for licenses shall be as established
from time to time by resolution of the Board of Trustees.
[Amended 7-12-1999 by L.L. No. 3-1999]
D.
All general licenses shall expire on the 31st day
of March next succeeding the date of issuance thereof, unless sooner
revoked or suspended. A new application for a general license must
be made yearly if the licensee desires to continue such activity.
E.
All licenses shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business
for which it is issued.
F.
All licenses are personal with the licensees. A license
does not go with title to the land, nor may it be sold, assigned,
transferred or disposed of.
H.
The granting, refusal, revocation or suspension of
any license shall be subject to review by certiorari after the applicant
or licensee has exhausted all administrative remedies.
Applicants for a license under this chapter
must file with the Village Clerk-Treasurer an application, supplied
by the Village Clerk-Treasurer, containing the following information:
A.
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 Seneca 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 Seneca 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.
B.
Address of applicant (local and legal).
C.
That the applicant is of legal age.
D.
Whether or not the applicant is a citizen of the United
State and if citizenship was obtained by birth or naturalization.
If by naturalization, the date and place where obtained shall be provided.
The naturalization certificate or permanent Board of Elections personal
registration card may be used as proof of citizenship. If not a citizen,
the applicant's nationality and passport number and expiration date
shall be provided.
E.
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 or law, 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 license is sought.
F.
A description of the exact type of business the applicant
intends to conduct.
G.
The name and address of the owner or owners of the
land and the nature of the right of occupancy of the applicant to
the use of such land.
H.
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.
A.
Upon receipt of the license application and upon the
approval by the licensing officer and the payment of the prescribed
fees and bonds required of the applicant, the licensing officer shall
prepare and deliver to the applicant his or her license.
B.
Every license issued hereunder shall be signed at
the direction and in the name of the licensing officer and sealed
with the Seal of the Village of Waterloo.
C.
The licensing officer shall keep a record of all licenses
issued, as well as any other matters herein described.
D.
No license shall be granted under this chapter to
any dealer in secondhand articles:
(1)
Who has been convicted of any offense which, under
the laws of the State of New York, constitutes a crime involving moral
turpitude;
(2)
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 licensing officer, after
approval of the Board of Trustees, shall decide in any particular
case upon the facts there presented that it is proper to issue the
license applied for;
(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 the
application for the license.
Every dealer in secondhand articles, including
exempt organizations, shall furnish to the Chief of Police, or his
or her agent, at such times, in such manner and at such intervals
as shall be specified by the Chief of Police, all information requested
by the Chief of Police 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 Chief of Police. Duly licensed dealers
in antiques shall furnish daily reports of purchases of secondhand
articles within 72 hours.
A.
It shall be unlawful for any licensed dealer in secondhand
articles to engage in selling activities at any place other than the
place of business designated in such license.
B.
It shall be unlawful for any dealer in secondhand
articles to purchase any secondhand goods or things from any person
whom he or she knows to be or has reason to believe is less than 18
years of age.
C.
With the exception of duly licensed dealers in antiques,
it shall be unlawful for any dealers in secondhand articles to purchase
any secondhand goods or articles from any person between the hours
of 10:00 p.m. and 7:00 a.m.
D.
It shall be unlawful for any dealer in secondhand articles, except exempt organizations, to sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly licensed by the Village, until the expiration of 10 business days after the acquisition by such dealer of such articles. Duly licensed dealers in antiques may sell or dispose of secondhand articles during a period of time prior to the expiration of said 10 days mentioned above, provided that the required record of purchases and sales is met pursuant to § 191-16 hereof.
E.
It shall be unlawful for any dealer in secondhand
articles to be licensed 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.
It shall be unlawful for any person licensed as a
secondhand dealer to 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 unless
he or she is also licensed as a junk dealer therefor, as provided
for in and pursuant to the General Business Law.
Every person engaged as a dealer in secondhand
articles, including exempt organizations, who also sells new articles
within the license premises shall label all new articles in such 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 Seneca 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 Chief of Police
or his or her agent. No disposition of such articles shall be effected
until authorization to do so shall be given to such dealer by the
Chief of Police or his or her authorized agent. A dealer in secondhand
articles, when notified by the Chief of Police or his or her agent
that property in his or her 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 Chief of Police or his or her 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 Chief of Police or any authorized
inspector of licenses, to any police officer or to any person duly
authorized, in writing, by the Chief of Police to examine such articles,
who shall exhibit such written authority to the dealer.
A.
Every dealer in secondhand articles, including exempt
organizations, shall keep a bound book, in a form prescribed by the
Chief of Police, 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 thereof, 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, including exempt
organizations, 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-prescribed 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 license or at the office of the exempt organization located
in the Village of Waterloo at all times during normal business hours.
Such books shall be open to the inspection of any police officer,
to the Chief of Police or any inspector of licenses or any person
duly authorized, in writing, for such purposes by the Chief of Police,
who shall exhibit such written authority to the dealer.
E.
Every licensed 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 the said
business for inspection by the Chief of Police or any inspector of
licenses or any person duly authorized, in writing, for such purposes
by the Chief of Police, who shall exhibit such written authority to
the dealer.
A.
It shall be the duty of every secondhand dealer, including
exempt organizations, to verify the identity of every person from
whom he or she purchases an article and to make and keep a written
record of the nature of the evidence submitted by such person to prove
his or her 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 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 or her 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 or her premises the person's signature,
together with the number and description of the identifying document,
if any.
It shall be the duty of any police officer of
the Village of Waterloo to require any person seen dealing in secondhand
articles and who is not known by such police officer to be duly licensed
to produce or display his or her secondhand dealer's license and to
enforce the provisions of this chapter against any person found to
be violating the same.
The Village Clerk-Treasurer shall record all
convictions for violations of this chapter which are officially brought
to his or her attention by any authorized agency or person.
Any license issued under this chapter may be
suspended or revoked by the licensing officer as hereinafter provided.
A.
Revocation. Whenever the licensing officer shall determine
that a licensee is violating any applicable provision of the Village
of Waterloo Municipal Code or any applicable state or county law,
rule or regulation, the licensing officer may revoke his or her license.
B.
Notice of hearing. Notice of the hearing for revocation
of a license shall be given in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his or her last
known address at least 10 days prior to the date set for hearing.
C.
Authority of licensing officer. The licensing officer
may administer oaths, subpoena witnesses and take testimony in respect
to any matter properly before him or her and may accept affidavits
in lieu of oral testimony.
D.
Appeals. Any person aggrieved by the action of the
licensing officer in the denial of an application for a license or
in the decision of the licensing officer with reference to the revocation
of a license as provided for in this section shall have the right
to appeal to the Board of Trustees. Such appeal shall be taken by
filing a notice of appeal with the Village Clerk-Treasurer within
14 days after notice of the action complained of has been mailed to
such person's last known address, together with a written statement
setting forth fully the grounds for the appeal. The Board of Trustees
shall set a time and place for hearing on such appeal, and notice
of such hearing shall be mailed to the applicant at his or her last
known address at least five days prior to the date set for the hearing.
The decision and order of the Board of Trustees on such appeal shall
be final and conclusive.
In case of an emergency or a serious threat
to public safety, health or welfare, the licensing officer may suspend
a license until such time as a final determination can be had on the
revocation of a license under this chapter. For good cause, the Board
of Trustees may remove such suspension pending final determination
subject to such terms and conditions as it deems appropriate or necessary
to safeguard the public safety, health or welfare.
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine not exceeding $250 or by imprisonment of not more than 15 days,
or by both such fine and imprisonment.
