[HISTORY: Adopted Floral Park Village Board 9-16-1980
by L.L. No. 7-1980. Amendments noted where applicable.]
A.
DEALER IN SECOND HAND ARTICLES
(1)
(2)
(3)
As used in this chapter, the following terms shall have
the meanings indicated:
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 or electronic
equipment.
Accepts or receives secondhand articles as returns of merchandise or
in exchange for or for credits on any other articles or merchandise.
Deals in the commercial purchase or sale of pawnbroker tickets or other
evidence of pledged articles.
B.
Nothing in this chapter shall be construed to apply to:
(1)
Automobiles, pianos, books, magazines, rugs, tapestries,
artists' burlaps, paintings, sculpture, drawings, etchings and engravings.
(2)
The first purchase or sale in the country of any imported
secondhand article.
(3)
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 sale or exchange of such merchandise as used merchandise.
(4)
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, nor to the first subsequent nonretail sale or exchange of such merchandise.
(5)
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.
(6)
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.
(7)
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.
It shall be unlawful for any person or persons, firm or corporation
to act as a dealer in secondhand articles without first obtaining and having
in force and effect a license therefor issued by the Board of Trustees. Applicants
for such a license must file with the Village Clerk an application, supplied
by the Village Clerk, containing the following information:
A.
Name, age, residence address and description of the applicant.
Individuals operating under a trade name must present a certified copy of
the trade name certificate filed in the Nassau 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 Nassau
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.
That the applicant is a citizen of the United States
and whether citizenship was obtained by birth or naturalization; if by naturalization,
the date and place where obtained. The naturalization certificate or permanent
Board of Elections personal registration card may be used as proof of citizenship.
C.
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, 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.
D.
A description of the exact type of business the applicant
intends to conduct.
E.
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.
F.
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.
Such license shall be issued as of March 1 of each year and shall expire
on the last day of February next succeeding unless sooner suspended or revoked.
A license fee of $50 a year shall be charged for each license. No license
fee shall be prorated. A new application for a license must be made yearly
if the licensee desires to continue such activities. 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. Each license is personal
to the licensee and does not go with title to the land or business, nor may
it be sold, assigned, transferred or disposed of.
Upon the receipt of the license application by and payment of the required
fee to the Village Clerk and upon the approval of the application by the Board
of Trustees, the Village Clerk shall prepare and deliver the license to the
applicant. Each license shall be signed by the Village Clerk at the direction
of the Board of Trustees and sealed with the Village Seal. However, no license
shall be granted under this chapter to any dealer in secondhand articles:
A.
Who has been convicted of any offense which, under the
laws of the State of New York, constitutes a crime involving moral turpitude;
B.
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 Board of Trustees shall decide in any particular
case upon the facts there presented that it is proper to issue the license
applied for;
C.
Whose license under this chapter has been revoked at
any time during the year prior to the time of the application for license;
or
D.
Whose license has been suspended under this chapter and
the period of such suspension has not expired at the time of this application
for the license.
Every dealer in second hand articles shall furnish to the Chief of Police,
or his agent, at such times, in such manner and at such intervals as shall
be specified by the Chief of Police, all information requested 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.
It shall be unlawful for any dealer in secondhand articles:
A.
To engage in selling activities at any place other than
the place of business designated in such license.
B.
To purchase any secondhand goods or things from any person
whom he knows to be or has reason to believe is a minor.
C.
To purchase any secondhand goods or articles from any
person between the hours of 10:00 p.m. and 7:00 a.m.
D.
To sell or dispose of any secondhand articles, until
the expiration of 15 business days after the acquisition by such dealer of
such articles.
E.
To be licensed as a pawnbroker or to engage in the business
of a pawnbroker.
F.
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 is also licensed as a junk dealer therefor, as provided for in and pursuant to Chapter 49 herein.
G.
To deal in the purchase or sale of secondhand motor vehicles
or parts therefrom, the process of used metals for resale and the dumping,
storage, burning and disposal of waste, secondhand or used materials of whatever
composition.
A.
If any articles shall be advertised in any newspaper
printed or distributed in the Village of Floral Park as having been lost or
stolen, and if any goods or articles answering such advertised description
or any part thereof shall be in or shall 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 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 authorized agent.
A dealer in secondhand articles, when notified by the Chief of Police or his
agent that property in his 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 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.
Every dealer in secondhand articles shall keep a book 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 thereon; the name and residence address
of the person from whom such purchase was made; and the day and hour of the
purchase. 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 any police officer, 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.
To verify the identity of every person from whom he purchases
an article and to make and keep a written record of the nature of the evidence
submitted by such person to prove his identity.
B.
To require that every person from whom an article is
purchased sign his name in the presence of the secondhand dealer and to retain
on his premises the person's signature, together with the number and
description of any identifying documents.
The Board of Trustees may revoke or suspend a license issued hereunder
for any of the following reasons:
A.
Fraud, misrepresentation or false statement contained
in the application for the license.
B.
Any violation of this chapter.
C.
Conviction of any crime or offense involving moral turpitude.
D.
Conducting the activity as a dealer in secondhand articles
in an unlawful manner or in such a manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare of
the public.
Any person violating any provision of this chapter shall be liable for and forfeit and pay a penalty as provided in § 32-13 of Chapter 32 hereof. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this chapter or any provision thereof shall be and hereby is declared a disorderly person as provided in § 32-1 of Chapter 32 hereof.
In addition to the above-provided penalty, the Board of Trustees also
may maintain an action or proceeding in the name of the Village of Floral
Park in a court of competent jurisdiction to compel compliance with the provisions
of this chapter or to restrain by injunction an offense against this chapter.
If any clause, sentence, section, paragraph or provision of this chapter
shall be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this chapter
but shall be confined in its operation to the clause, sentence, section, paragraph
or provision directly involved in the controversy in which such judgment shall
have been rendered.
