[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 2-17-1981 by L.L. No. 4-1981. Amendments noted where applicable.]
Editor's Note: Secondhand dealer regulations were adopted as Art. VIII of L.L. No. 4-1981, which law relates as well to Ch. 48, Boardinghouses and Rooming Houses; Ch. 68, Food-Handling Establishments; Ch. 71, Garage Sales; Ch. 82, Junk Dealers; Ch. 86, Licensing and Business Regulations; Ch. 92, Parking Field Businesses; Ch. 97, Peddlers and Solicitors; and Ch. 124, Theaters.
As used in this chapter, the following terms shall have the meanings indicated:
- DEALER IN SECONDHAND ARTICLES
- Any person who in any way, as principal, broker or agent:
- A. 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, currency, firearms, cameras, business machines, musical instruments, outboard motors or electronic equipment.
- B. Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandise.
- C. Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.
Nothing contained in this chapter shall be construed to apply to:
Automobiles, pianos, books, magazines, rugs, tapestries, artists' burlaps, paintings, sculpture, drawings, etchings and engravings.
The first purchase or sale in the country of any imported secondhand article.
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, nor to any resale of such merchandise as "new merchandise" or the first subsequent nonretail or exchange of such merchandise as "used merchandise."
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, nor to the first subsequent nonretail sale or exchange of such merchandise.
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.
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.
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 or transaction complies with § 109-2 above shall be upon the person asserting the same. Evidence of an existing trade practice in the Village, if any, shall be admissible for the purpose of determining whether or not merchandise is in "new" or "used" condition.
No person shall act as a dealer in secondhand articles without first obtaining a license therefor.
It shall be unlawful for any dealer in secondhand articles to engage in selling activities at any place other than the place of business designated in such license.
It shall be unlawful for any dealer in secondhand articles to purchase any secondhand goods or things from any person whom he knows to be or has reason to believe is a minor.
It shall be unlawful for any dealer in secondhand articles to sell or dispose of any secondhand articles, except articles purchased from another secondhand dealer duly licensed by the Village, until the expiration of 15 business days after the acquisition by such dealer of such articles. Duly licensed dealers in antiques may sell or dispose of antiques during a period of time prior to the expiration of said 15 days mentioned above, provided the required record of purchases and sales is kept pursuant to § 109-8E.
It shall be unlawful for any dealer in secondhand articles to engage in the business of a pawnbroker without obtaining a pawnbroker's license; 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 unless a pawnbroker's license is obtained.
It shall be unlawful for any person licensed as a secondhand dealer to deal in the purchase or sale of any junk, as defined in § 82-1 of this code, or employ or use a boat, cart or other vehicle for the purpose of collecting any such things or materials, unless he is also licensed as a junk dealer therefor as provided for in Chapter 82 of this Code.
Every person licensed as a dealer in secondhand articles who also sells new articles within the licensed premises shall label all new articles in such manner that the public will be informed as to whether any particular article is new or secondhand.
If any articles shall be advertised in any newspaper circulated in the County of Nassau 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 convey all of the information in his possession relating thereto to the Chief of Police of the Village or his 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 of the Village or his authorized agent. A dealer in secondhand articles, when notified by the Chief of Police of the Village or his agent that property in his possession is stolen or alleged to be stolen, shall take immediate steps to secure the 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 of the Village or his agent, allowing such removal or sale.
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 of the Village or any authorized inspector of licenses, to any police officer or to any person duly authorized in writing by the Chief of Police of the Village to examine such articles, who shall exhibit such written authority to the dealer.
Every dealer in secondhand articles shall keep a bound book, in a form prescribed by the Chief of Police of the Village, 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 licensed 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; the name, residence and business address, if any, of the person from whom such purchase was made or to whom such sale was made; and the day and hour of the purchase or sale.
Every dealer in secondhand articles who receives secondhand articles on consignment shall, in addition to Subsection A above, keep a record, in the above-prescribed book, describing the articles and the name and description of the person or dealer from whom such items are received.
As between secondhand dealers, all transactions shall be recorded in the above-prescribed book and legible records kept describing each article in detail.
Such books shall be kept on the business premises of the secondhand dealership or at the place designated on the duly approved license at all times during normal business hours. Such books shall be open to the inspection of the Chief of Police of the Village, any police officer, any inspector of licenses and any person duly authorized in writing for such purposes by the Chief of Police of the Village, who shall exhibit such written authority to the dealer.
Duly licensed dealers in antique articles shall keep a record of bulk purchases in the bound book, noting the invoice number on each bulk purchase. All identifiable secondhand articles which are part of the bulk purchase shall be entered individually in the ledger book and reported individually to the Chief of Police of the Village within 72 hours after such bulk purchase.
Every 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 of the Village, any police officer, any inspector of licenses and any person duly authorized in writing for such purposes by the Chief of Police of the Village, who shall exhibit such written authority to the dealer.
In addition to the bound book described in Subsection A above, every secondhand dealer shall legibly provide in English, upon forms provided by the Police Department, all the information required in said Subsection A above. Such forms shall be completed by the dealer on a daily basis and delivered to the Police Department upon request.
[Added 12-7-1982 by L.L. No. 7-1982]
It shall be the duty of every secondhand dealer to verify the identity of each person from whom he purchases any article and to make and keep a written record of the nature of the evidence submitted by such person to prove his identity.
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.
It shall be the duty of every dealer in secondhand articles to require that each person from whom an article is purchased sign his name in the presence of the secondhand dealer and to compare the signature with the signature on the identifying document and retain on his premises the person's Signature, together with the number and description of the identifying document.
[Amended 12-7-1982 by L.L. No. 7-1982]