[HISTORY: Adopted by the Common Council of the City of Cohoes 11-28-2006
by Ord. No. 20-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peddlers, solicitors and vendors — See Ch. 198.
[1]
Editor's Note: Former Ch. 222, Secondhand Dealers, which was
comprised of Art. I, Used-Car Sales, adopted 12-17-1957 by Ord. No. 4701,
as amended, was repealed 1-24-2006 by Ord. No. 2-2006.
As used in this chapter, the following terms shall have the meanings
indicated:
Any identification documents that contain the person's name
and either a photograph or physical description of said person.
Any person, firm, partnership, corporation or association who or
which, either wholly or in part, engages in or operates the trade or business
of buying, selling, trading, bartering or exchanging secondhand personal property
restricted to jewelry, precious gems, including diamonds, furs, gold, silver,
plated ware, paintings, sculptures, electrical or electronic devices, and
serial-numbered items.
A.
Every secondhand dealer shall hold articles of property
that it acquires for a period of 10 days from the time of purchase and shall
not resell or alter in any manner the same until the expiration of said period.
B.
Any articles of secondhand personal property that are
acquired by a secondhand dealer from another secondhand dealer shall be exempt
from this holding period if:
Any secondhand dealer wishing to exempt articles from this provision
shall obtain the consent of the Police Chief prior to resale. Such consent
shall not be unreasonably withheld; if consent is withheld, the reasons shall
be set forth in writing.
A.
Every secondhand dealer shall maintain a report of all
articles received and shall furnish this report to the police authority upon
request. Such report shall include a complete description of each article,
including brand name, make, serial and model numbers, color and size. In the
case of any article of jewelry or containing jewels, the description shall
also include size, setting, shape, color, number of karats, type of metal,
number and type of stones and a complete and accurate description of any initials,
dates or inscriptions found thereon.
B.
Such report shall also describe the name and verified
address of the person selling said article, including the seller's estimated
age, height, weight, and gender. The seller's address must be verified
by proper identification, showing the person described, and the type of identification
so used must be noted along with any identifying numbers on said identification.
C.
Such report shall be kept at the place of business of
the secondhand dealer.
D.
Secondhand dealers acquiring 10 or more articles from
an estate sale shall be exempt from this reporting requirement, except that
they shall maintain an inventory listing each item and stating from where
and whom it was purchased.
A violation of this chapter shall be a violation punishable by a penalty
of not more than $250 and/or 15 days in jail.
Nothing in this chapter shall apply to any charitable organization as
defined in § 171-a of the Executive Law or any auction authorized
pursuant to Article 3 of the NYS General Business Law.