Suffolk County, NY
 
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Table of Contents
Table of Contents
[Added 4-13-1982 by L.L. No. 12-1982]
[Amended 12-27-1983 by L.L. No. 3-1984; 12-17-2002 by L.L. No. 4-2003; 6-10-2003 by L.L. No. 21-2003]
As used in this article, the following terms shall have the meanings indicated:
ANTIQUE FIREARMS
Any unloaded muzzle-loading pistol or revolver with a matchlock, flintlock, percussion cap or similar type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.
BUSINESS DAY
Any calendar day except Sunday or any County holiday.
A. 
Any person corporation, partnership, collateral loan broker, as defined in Article 5 of the New York General Business Law, or other entity and its employees that, as a business, transacts more than five deals in the purchase of, sale of, or transaction for a collateral loan against any of the following articles within a twelve-month period:
[Amended 9-15-2011 by L.L. No. 49-2011; 12-6-2011 by L.L. No. 2-2012]
(1) 
Antique firearms.
(2) 
Rifles.
(3) 
Shotguns.
(4) 
Cameras and other photography equipment.
(5) 
Business machines, including but not limited to typewriters, copying machines, sorting machines, calculators, word processing equipment and data processing equipment.
(6) 
Electronic equipment or component parts thereof, including but not limited to televisions, stereos, videocassette recorders, video games, computers, citizen band radios and cable television converters and descramblers.
(7) 
Electrical appliances other than refrigerators, washers, dryers, stoves, ovens and home freezers.
(8) 
Marine equipment, including but not limited to in-board and outboard motors, anchors, fenders and radio and navigation equipment. This equipment shall not include boats.
(9) 
Telescopes.
(10) 
Binoculars.
(11) 
Musical instruments.
(12) 
Cellular telephones and pagers.
(13) 
Electric- and gas-powered yard or garden equipment and tools.
(14) 
Electric-, pneumatic-, or hydraulic-powered construction or mechanic's equipment or tools.
(15) 
Gift cards, gift certificates, or any other instrument or document evidencing credit or value that can be used to purchase merchandise or services.
[Added 4-28-2015 by L.L. No. 19-2015]
B. 
Exempted operations:
(1) 
"Dealer in secondhand articles" shall not include any organizations formed for charitable purposes which accept donations of secondhand articles and resell them to raise funds for purposes consistent with the formation of the organization, nor any persons, corporations, partnerships or other entities and their employees that, as a business, are principally engaged in the service and/or repair of electronic equipment or component parts thereof and who, from time to time, sell electronic equipment or component parts thereof, which have been left for repair and later abandoned.
(2) 
The sale of secondhand goods at events commonly known as "garage sales," "yard sales," or "estate sales," provided:
(a) 
The sale is held on noncommercial property;
(b) 
None of the items offered for sale have been purchased for resale;
(c) 
The owner of the property receives all proceeds; and
(d) 
The sale period is no longer than 72 hours. At no time shall the property owner be permitted to conduct more than two events within a twelve-month period.
(3) 
Secondhand books, comic books, magazines, post cards, and postage stamps.
(4) 
Organizations or persons that resell secondhand articles acquired solely from:
[Added 12-15-2009 by L.L. No. 43-2009]
(a) 
Other organizations or persons who or which received the secondhand articles by way of gift or donation; or
(b) 
Members of the general public by way of gift or donation.
DEPARTMENT
The Office of Consumer Affairs.
PROPER IDENTIFICATION
Identification documents that contain the person's name, address, and a photograph of said person or a current and valid government-issued passport. Social Security cards, draft registration cards, voter registration cards and comparable documents shall not be considered sufficient identification for the purpose of this article.
[Amended 4-28-2015 by L.L. No. 19-2015; 4-12-2016 by L.L. No. 14-2016]
SECONDHAND ARTICLE
An article or object which:
A. 
Has been previously sold at retail; or
B. 
Has been previously used or is not in a new condition.
[Amended 6-21-1994 by L.L. No. 13-1994]
A. 
No person shall engage in any business as a dealer in secondhand articles without obtaining a license therefor from the Office in accordance with and subject to the provisions of this article and Article I.
B. 
A licensee shall display the license obtained pursuant to this article in the establishment. If a licensee shall maintain more than one establishment within the County of Suffolk, he shall obtain duplicate licenses. The fee for duplicate licenses are set forth in § 563-51B.
C. 
No applicant for a license or license renewal shall have any outstanding judgment for child support against him or her, or be in arrears in child-support payments as determined by official court records or official government records, at the time an application is filed for such license or license renewal. If an applicant has such a judgment against him or her, or is in such arrears, but is current in payments on a judicially approved, or Child Support Enforcement Bureau sanctioned, payment schedule to pay off or reduce such judgment or arrears, then such individual shall not be deemed ineligible for a license or license renewal on the grounds of such judgment or arrears. At least 30 days prior to the expiration of a license, the Office shall send a written notice to a licensee informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with child-support obligations. If necessary, a second written notice shall be sent by the Office to a licensee 60 days after the license has lapsed informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with the child-support obligations. In addition, the County Department of Social Services, through its Child Support Enforcement Bureau, shall notify all current noncustodial parents of the obligations contained herein.
[Amended 6-6-2000 by L.L. No. 11-2000]
[Amended 2-8-1983 by L.L. No. 5-1983; 6-6-1989 by L.L. No. 19-1989; 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4-2003]
A. 
An application fee of $200 shall accompany each application for a dealer in secondhand articles license.
[Amended 8-5-2008 by L.L. No. 32-2008]
B. 
The fee for a duplicate license for an additional dealer in a secondhand articles establishment shall be $50 per annum. It may be renewed biennially for a fee of $100.
C. 
The fee for a dealer in secondhand articles license or renewal thereof shall be $200 per annum.
[Amended 6-10-2003 by L.L. No. 21-2003]
A. 
Each licensee shall keep records, legibly written in English, in a bound book. All entries shall be made in ink at the time of each transaction and shall include the computer transaction number. Each transaction shall also include:
(1) 
An accurate account and description of the article or thing bought, including but not limited to the make, model, color and serial number when present.
(2) 
The amount paid for the article.
(3) 
The date of transaction.
(4) 
The name, home residence, date of birth, sex and race of the person selling the items.
(5) 
The type of identification produced by the person selling the article. For the purposes of this section, proper identification shall be government-issued identification documents that depict the person's name, address, and photograph or a current and valid government-issued passport. Social security cards, draft registration cards, voter registration cards and other similar documents shall not be considered sufficient identification for the purposes of this section. In the event seller utilizes a current and valid government-issued passport as identification, seller shall then also be required to provide documentation of seller's current address. Such documentation shall be in the form of at least two utility bills in the seller's name and reflecting the seller's current address or any other such documentation as may be required by the Department.
[Amended 4-28-2015 by L.L. No. 18-2015; 4-12-2016 by L.L. No. 14-2016]
(6) 
The signature of the person identified in the transaction.
B. 
No alterations or erasures are to be made to records. Erroneous entries are to have a simple line drawn through them and the corrected entry made on the next line.
C. 
The records shall be retained in the possession of the licensee for at least seven years.
[Amended 4-28-2015 by L.L. No. 18-2015]
D. 
A written receipt shall be issued to the seller with the serial number of the transaction and the information required in Subsections A, B and C of this section.
E. 
Each licensee shall take digital photographs of the following:
[Added 4-28-2015 by L.L. No. 18-2015]
(1) 
The article purchased, each item to be separately photographed; and
(2) 
The head and face of the person selling the article (with any and all obstructions, i.e., hat, hood, sunglasses, etc., removed), or the photograph identification produced by the person selling the article.
[Amended 12-17-2002 by L.L. No. 4-2003; 6-10-2003 by L.L. No. 21-2003]
All records required to be kept pursuant to this article shall be open for inspection by the Office of Consumer Affairs, the Police Commissioner, a Chief of Police or any officer or employee duly authorized by them.
[Amended 12-17-2002 by L.L. No. 4-2003; 6-10-2003 by L.L. No. 21-2003]
A. 
No article purchased by a dealer in secondhand articles shall be sold or otherwise disposed of until the expiration of at least 21 business days from the date of purchase.
B. 
All articles subject to this holding period shall be available for inspection by the Director of the Office of Consumer Affairs, the Police Commissioner, the Chief of Police or any officer duly authorized by them.
C. 
Purchases or sales between licensed secondhand dealers shall be exempt from the provisions of this section only if evidence of full compliance with all provisions and conditions set forth in this article is obtained by the purchasing secondhand dealer from the selling secondhand dealer in the form of a receipt. This receipt shall be retained by the purchasing secondhand dealer for the period required by § 563-52C hereof.
D. 
During the required holding period, which includes the holding period required under §§ 563-54A and 563-55, it shall be unlawful for dealers in secondhand articles to erase or alter any data or programs maintained on electronic equipment that has been purchased by such dealers.
[Added 4-28-2015 by L.L. No. 18-2015]
[Added 6-10-2003 by L.L. No. 21-2003]
A. 
Investigative hold. Whenever a law enforcement or consumer affairs official notifies a licensee not to sell an item, the item shall not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within 72 hours and shall remain in effect for 15 days from the date of initial notification or until the investigative order is cancelled, or until an order to hold is issued, whichever comes first.
B. 
Order to hold. Whenever the Commissioner of Police, a Police Chief, or the Director of Consumer Affairs notifies a licensee not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the aforementioned individuals or their designees. The order to hold shall expire 90 days from the date it is placed.
C. 
When an item is placed on hold, the person doing so shall provide identification and provide the licensee with the name and phone number of the holding agency and the case number related to the hold order.
D. 
When an order to hold is no longer necessary, the licensee shall be notified in writing by the requesting agency.
[Added 6-10-2003 by L.L. No. 21-2003]
A. 
No article shall be purchased from a person who is unable to produce proper identification.
B. 
The acts enumerated in this section are not exclusive. Article I of this chapter also applies.
C. 
No article shall be purchased from a person under the age of 18 without the written consent of his parent or guardian.
D. 
No article shall be purchased that possesses an altered or obliterated serial number or any item that has had its serial number removed.
E. 
No article shall be purchased from a person who appears to be intoxicated or of unsound mind.
[Amended 12-17-2002 by L.L. No. 4-2003; 6-10-2003 by L.L. No. 21-2003]
A. 
Every person so licensed as a dealer in secondhand articles shall report to the Police Commissioner or Chief of Police, on or before the end of each business day in a form approved and supplied by the Commissioner of Police, the information described in § 563-52 of this article.
B. 
On or after March 1, 2004, any required report shall be filed electronically.
[Amended 12-27-1983 by L.L. No. 3-1984; 6-6-1989 by L.L. No. 19-1989; 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4-2003]
A. 
The Office shall issue a temporary license to any applicant for a dealer in secondhand articles license if the Office has not, within 30 days after receipt of the application for such license, approved or disapproved such application.
B. 
The temporary license shall be valid for a period of 90 days. If within such ninety-day period the Office shall have failed to approve or disapprove the application, the Office shall then issue a regular license to the applicant. If the application is approved during the term of the temporary license, the Office shall then issue a regular license to the applicant.
C. 
The fee for a temporary license shall be $50. The fee for a regular license issued to replace a temporary license shall be $150.
D. 
A regular license issued pursuant to the provisions of Subsection B shall expire on the last day of the 24th month following the issuance of the temporary license.
[Added 6-10-2003 by L.L. No. 21-2003]
Notwithstanding the provisions of § 563-11A(4) herein, every applicant for a dealer in secondhand articles license shall submit a five-thousand-dollar bond, or for renewal of a license, evidence of a bond issued in favor of the licensee. This bond shall be for the purpose of guaranteeing payments up to the face amount of the bond for bank drafts or other negotiable instruments issued by the licensee in exchange for the purchase of secondhand articles. All bonds shall be conditioned that the licensee will observe all laws in relation to precious metal dealers and will conduct business in conformity thereto. Such bond shall remain in full force during the entire period for which the license is valid.