Chapter 18

CHAPTER 18

SECONDHAND DEALERS

ARTICLE I

GENERAL PROVISIONS

§ 18.1 Title

This Chapter shall be known and may be cited as the "Secondhand Dealer's Law of the Incorporated Village of Mineola."

§ 18.2 Findings and statement of policy

A. The Village Board of the Incorporated Village of Mineola finds that the business of buying and selling secondhand merchandise is rapidly expanding in the Incorporated Village of Mineola. In the past, these business operations were conducted without any regulation by the Incorporated Village of Mineola. This situation creates an ideal scenario for persons to dispose of stolen property, and thus is destructive of the property rights of our citizens, and it impedes the police agencies of the County in their attempt to stem the tide of larcenies and burglaries. Therefore, the Village Board concludes that it is in the best interests of the welfare of the Village's citizens to enact a law regulating the operations of dealers of secondhand merchandise who conduct their business in the Incorporated Village of Mineola.

B. It is hereafter the policy of the Incorporated Village of Mineola that dealers in secondhand merchandise who conduct their business in the Incorporated Village of Mineola be subject to regulation and licensing by the Village and that they keep records of all their transactions so as to ensure that their businesses are not used to dispose of stolen property.

§ 18.3 Words and terms defined

As used in this Chapter, the following terms shall have the meanings indicated:

A. ANTIQUE ‑ Any article or merchandise which is more than fifty (50) years old.

B. DEALER IN SECONDHAND MERCHANDISE ‑ Any person who, in any way as principal, broker or agent:

§ 18.3 MUNICIPAL CODE

1. Deals in the commercial purchase or sale of secondhand merchandise for any purpose;

2. Accepts or receives secondhand merchandise as returns of merchandise or in exchange for or for credits on any other articles of merchandise; or

3. Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.

C. PERSON ‑ An individual, partnership, unincorporated association, corporation or other entity.

D. POLICE ‑ The Nassau County Police Department.

E. SECONDHAND MERCHANDISE ‑ Any item which shall have been previously used or purchased by a consumer, including old gold or other precious metals, coins, stamps or currency, firearms, cameras, business machines, musical instruments, outboard motors or electronic equipment, but shall not include:

1. Automobiles, pianos, books, magazines, rugs, tapestries, artists' burlaps, paintings, sculptures, drawings, etchings

and engravings;

2. The first purchase or sale in the United States of any imported used item;

3. The acceptance or receipt of merchandise in a new or used 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, or any resale of such merchandise as new merchandise or the first subsequent nonretail sale or exchange of such merchandise as used merchandise;

4. 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;

5. Articles sold or acquired by a thrift shop, as defined to be so classified under the United States Internal Revenue Code, and entitled to an exemption as an eleemosynary corporation or institution; or

SECONDHAND DEALERS § 18.3

6. Antiques having a value of less than two hundred fifty dollars ($250.00) and void of any serial numbers, monograms, initials or distinct markings.

References:

Bedding and upholstered furniture, restrictions. Gen Bus L §§ 385, 386.

Collateral loan brokers not to engage in business of. Gen Bus L § 47.

Hats, manufacture and sale. Gen Bus L § 392-a.

Licenses. "[W]here a license would have been granted under the law as it existed at the time the application . . . should have been passed upon, the application will not be subject to the onerous strictures of an amendment . . . whether the application was innocently or deliberately filed and forgotten. Our Lady RC Church v Ball, 45 AD2d 66, 73; affd 38 NY2d 780."

Pawnbrokers

books open to inspection. Gen Bus L § 45.

dealing with child. Gen Bus L § 47-a.

disposition of proceeds. Gen Bus L § 50.

rates of interest to be charged. Gen Bus L § 46.

sale of unclaimed property. Gen Bus L § 48 et seq.

state comptroller's authority over. Gen Bus L § 55.

Stolen property; criminal possession. Penal L § 165.45.

§ 18.21 MUNICIPAL CODE

ARTICLE II

LICENSES

§ 18.21 License required

It shall be unlawful for any person to act as a dealer in secondhand merchandise within the Incorporated Village of Mineola without first having obtained, and having in force, a license therefor as hereinafter provided.

§ 18.22 Application for license

Every person who desires to act as a dealer in secondhand merchandise within the Incorporated Village of Mineola shall file with the Village Clerk a written application upon forms to be furnished by the Village Clerk, verified under oath, stating the following:

A. The name and description of the applicant and:

1. If the person is an individual operating under a trade name, he or she must present a certified copy of the trade name certificate filed in the office of the Nassau County Clerk;

2. If the person is a partnership conducting business, whether or not under a trade name, he or she must present a certified copy of the partnership certificate filed in the office of the Nassau County Clerk;

3. If the person is a domestic corporation, it must furnish a photostatic copy of the filing receipt for the certificate of incorporation given by the New York Secretary of State; or

4. If the person is a foreign corporation, it must furnish a photostaric copy of its application for authority to do business in New York State which was submitted to the New York Secretary of State.

B. The address of the applicant.

C. That the applicant, if an individual, is at least eighteen (18) years of age.

D. A statement as to whether or not the applicant has ever been

SECONDHAND DEALERS § 18.22

convicted of any crime, misdemeanor or violation other than parking offenses. A statement should include:

1. The nature of the offense and the punishment or penalty assessed therefor.

2. Any other facts or evidence deemed necessary by the Licensing Officer to establish that the applicant is a person fit and capable of properly conducting the activity or business for which the license is sought.

E. A description of the exact type of business operation which the applicant proposes to conduct.

F. The name and address of the owner or owners of the land where such business or activity will be conducted, along with the nature of the right of occupancy held by the applicant for the use of such land.

G. Photographs; fingerprints.

1. At the discretion of the Licensing Officer:

a. Two (2) photographs and a set of fingerprints of any individual applicant; and

b. Two (2) photographs and a set of fingerprints of each partner where the applicant is a partnership: or

c. A set of fingerprints of all officers and stockholders of at least ten percent (10%) of the stock, where the applicant is a corporation.

2. Any photograph required of the applicant shall be taken not more than sixty (60) days prior to the date of the application and shall be two by two (2 x 2) inches, showing the head and shoulders of the applicant in a clear and distinct manner.

H. If the applicant is a corporation, it is to supply the name, New York address and the title of the officer or the corporation upon whom process or legal notice may be served.

I. Whether the applicant seeks a general, management or exposition license.

§ 18.23 MUNICIPAL CODE

§ 18.23 License classification

A. A general license shall authorize the licensee to act as a dealer with respect to all secondhand merchandise within the Incorporated Village of Mineola during the license term specified in this Chapter.

B. A management license shall authorize a licensee, who is not a regular dealer in antiques, to operate and manage an antiques exposition where such antiques are sold at any fair, show, exhibition or any place within the Incorporated Village of Mineola during the license term specified by this Chapter.

C. An exposition license shall authorize a dealer in antiques, who maintains no place of business within the Incorporated Village of Mineola, to exhibit and sell such articles at any fair, show or exposition within the Incorporated Village of Mineola during the license term specified by this Chapter.

§ 18.24 Term of license

A. Every general license issued hereunder shall expire on the 30th day of April next succeeding the date of its issuance, unless sooner revoked by the Licensing Officer as hereinafter provided.

B. Every management or exposition license issued hereunder shall expire thirty (30) days after its issuance, unless sooner revoked by the Licensing Officer as hereinafter provided.

§ 18.25 Investigation of applicant

The Licensing Officer shall keep any fingerprints submitted by the applicant, pursuant to this Chapter, on file in his or her office and may make any necessary investigation of the applicant's criminal record by using such fingerprints, or otherwise. The cost of such investigation shall be paid by the applicant with a check made payable to the New York State Division of Criminal Justice Services, or as otherwise specified by the Licensing Officer. Failure by the applicant to submit such a check when required to do so by the Licensing Officer shall constitute grounds for the denial of the application.

§ 18.26 Issuance of license

A. Upon receipt of the license application, completion of any

SECONDHAND DEALERS § 18.27

investigation pursuant to § 18.25, payment of the prescribed fees and posting of the required bonds by the applicant, the Licensing Officer shall grant, either with or without conditions, or deny the license.

B. The Licensing Officer shall keep a record of all licenses issued, as well as any other matters herein described.

C. If a license is granted by the Licensing Officer, he or she shall prepare and deliver the license to the licensee. The license issued by the Licensing Officer shall state the name and address of the licensee, the date of its issuance, the classification of license issued pursuant to § 18.23 of this Chapter and the expiration date of the license.

D. No license shall be granted under this Chapter to any dealer in secondhand merchandise:

1. Who has been convicted of any offense which, under the laws of the State of New York, constitutes a crime involving larceny, fraud, sale or possession of stolen property;

2. Who has been found by any court of the State to have practiced any fraud, deceit or misrepresentation in the conduct of a secondhand dealer business, unless the Licensing Officer 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 license.

§ 18.27 Additional information

The Licensing Officer may, in his or her discretion, before the issuance of a license under § 18.26, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto or hold a hearing upon such application as hereinafter provided.

§ 18.28 MUNICIPAL CODE

§ 18.28 Bond and fees

A. General license.

A person securing a general license shall be required to:

1. Furnish a bond to the Incorporated Village of Mineola in the penal sum of Two Thousand Dollars ($2,000.00) per business location, conditioned upon the due observance of the provisions of this Chapter and file such bond with the Village Clerk.

2. Pay an annual license fee as established by Resolution of the Board of Trustees.

B. Management license. A person securing a management license shall be required to:

1. Furnish a bond to the Incorporated Village of Mineola in the penal sum of Ten Thousand Dollars ($10,000.00) conditioned upon the due observance of the provisions of this Chapter by the licensee and any exhibitors at the exposition which the licensee is managing and file such bond with the Village Clerk.

2. Pay the license fee as established by Resolution of the Board of Trustees.

C. Exposition license.

A person securing an exposition license shall be required to pay a fee as established by Resolution of the Board of Trustees.

§ 18.29 Renewal

A. Any general license issued by the Licensing Officer may be renewed annually for additional periods of one year each from the date of expiration upon the filing, at least thirty (30) days prior to the expiration date of the current license, of an application containing all of the information required by the provisions of this Chapter for original applications and the payment of the annual license fee.

B. A management or exposition license may be renewed for no more

SECONDHAND DEALERS § 18.30

than two (2) additional thirty‑day periods of each upon the filing of an application containing all the information required by this Chapter for original applications and the payment of the applicable license fee.

§ 18.30 Transferability

A license granted pursuant to this Chapter may not be transferred by the licensee to any other person.

§ 18.31 MUNICIPAL CODE

ARTICLE III

APPLICATION TO VILLAGE BOARD

§ 18.31 Application for review

Any applicant who has been denied a license, or who has been granted a license with conditions, under this Chapter by the Licensing Officer or whose license has been suspended or revoked by the Licensing Officer may apply to the Village Board for a review of the action by the Licensing Officer as hereinafter provided.

A. The application to review the Licensing Officer's determination shall be in writing, signed and verified by the applicant, and shall state his or her reasons for claiming that the Licensing Officer's determination was erroneous.

B. The application for such review must be filed with the Village Clerk by mail or in person within twenty (20) days of the receipt by the applicant of the determination by the Licensing Officer.

C. Upon the filing by the applicant of such application for review, the Village Board shall hold a hearing thereon within thirty (30) days from the filing of the application referred to above, pursuant to the provisions hereinafter set forth.

§ 18.32 Hearing

A. Whenever it shall be provided herein that a hearing may be held by the Village Board, such hearing shall be held on a date and at a place and hour designated by the Village Board, but in no event shall this date exceed thirty (30) days from the date of the filing of the application referred to in § 18.31 of this Chapter.

B. The Village Clerk shall give notice thereof, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing, and the date, place and hour designated therefor, by mailing a copy thereof to the applicant or licensee concerned at the address shown upon the most recent application of such applicant or licensee at least ten (10) days before such hearing.

C. At such hearing, the Village Board shall consider the application before it in relation to the Licensing Officer's

SECONDHAND DEALERS § 18.33

determination, and, in its discretion, the Village Board may receive new or additional evidence in support or in opposition to the determination under review.

D. The applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence on his or her own behalf as may be relevant to the subject matter of the hearing.

E. All witnesses shall be sworn and examined under oath.

§ 18.33 Decision of Board

A. The Village Board, after such hearing, may grant, refuse, restore or revoke such license.

B. The applicant, after exhausting his or her administrative remedies, as stated above, may seek review of the Board's decision pursuant to Article 78 of the Civil Practice Law and Rules.

Cross-references:

Licensing and regulation of businesses. Chapter 15.

Suspension and revocation of license. Ch. 15, § 15.3.

References:

Bedding and upholstered furniture, restrictions. Gen Bus L §§ 385, 386.

Collateral loan brokers not to engage in business of. Gen Bus L § 47.

Hats, manufacture and sale. Gen Bus L § 392-a.

Pawnbrokers

books open to inspection. Gen Bus L § 45.

dealing with child. Gen Bus L § 47-a.

disposition of proceeds. Gen Bus L § 50.

rates of interest to be charged. Gen Bus L § 46.

sale of unclaimed property. Gen Bus L § 48 et seq.

state comptroller's authority over. Gen Bus L § 55.

Stolen property; criminal possession. Penal L § 165.45.

§ 18.41 MUNICIPAL CODE

ARTICLE IV

SUSPENSION OR REVOCATION OF LICENSE

§ 18.41 Causes

A. Any license issued hereunder may be suspended or revoked for a period to be determined by the Licensing Officer, if he or she finds that:

1. The licensee made any misrepresentation or false statement in his or her application for the license;

2. The licensee has violated any of the provisions of this Chapter;

3. The licensee has been convicted of any crime involving larceny, fraud, possession or sale of stolen property; or

4. The licensee is conducting the activity as a dealer in secondhand merchandise in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

B. Except as provided in Subdivision C of this Section, a license hereunder shall not be suspended or revoked by the Licensing Officer without a hearing having been held thereupon not less than two (2) business days after written notice thereof shall have been given to the licensee, either in person or by registered or certified mail.

C. The Licensing Officer, upon receiving information giving him or her reasonable cause to believe that the holder of any license issued hereunder has committed any acts specified by § 18.4(A)[1,2, or 3], may temporarily suspend forthwith such license until such time as a hearing is held by the Licensing Officer as provided in § 18.41(B) and the Licensing Officer shall have rendered his or her determination thereon.

SECONDHAND DEALERS § 18.52

ARTICLE V

REGULATIONS FOR DEALERS

§ 18.51 Display of license

A licensee shall place the license at all times in a conspicuous location at the licensee's place of activity or business for which the license was issued.

§ 18.52 Records of purchases and sales

A. Every dealer in secondhand merchandise shall keep a bound book of consecutively numbered transactions, in a form prescribed by the appropriate police agency, in which shall be legibly written, in English, at the time of every purchase or sale to or from a person other than another licensed dealer in secondhand merchandise, the following:

1. A description of every article of secondhand merchandise purchased or sold.

2. The serial number or numbers and any monograms, inscriptions or other marks of identification that may appear on such article.

3. 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.

4. The name, residence address and signature of the person from whom such purchase was made or to whom the merchandise was sold, the day and hour of the purchase or sale and the nature of the identifying document exhibited.

B. Every dealer in secondhand merchandise who receives secondhand merchandise on consignment shall keep a record, in the above‑prescribed book, describing the merchandise and the name and description of the person or dealer who consigned such merchandise.

C. Transactions between dealers in secondhand merchandise shall also be recorded in the above‑prescribed book in the same manner as heretofore described.

§ 18.52 MUNICIPAL CODE

D. The books shall be kept on the business premises of the licensee or at the place designated on the license at all times during normal business hours. Such books shall be open to inspection by:

1. Any police officer of the appropriate police agency;

2. The chief administrative officer of the appropriate police agency or a person duly authorized in writing by such appropriate police agency to inspect such books; or

3. Any enforcement officer duly appointed by the Mayor subject to approval of the Board of Trustees.

E. Every dealer in secondhand merchandise who purchases antiques in bulk shall keep a record of such purchases in the bound book, and all identifiable antiques which are part of the bulk purchase shall be entered individually in the ledger book and reported individually to the appropriate police agency within seventy‑two (72) hours after such bulk purchase.

F. Every licensed dealer of secondhand merchandise shall permit representatives of the appropriate police agency or enforcement officer to inspect all rooms and merchandise on the premises designated on the license of the dealer during regular business hours when such inspection is requested by a representative of the appropriate police agency or enforcement officer.

§ 18.53 Reports to Nassau County Police Department

Every dealer in secondhand merchandise shall furnish to the Nassau County Police Department at such times, in such manner and at such intervals as may be required by said Department all information requested by the Police Department 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 Nassau County Police Department.

§ 18.54 Lost or stolen property

A. Dealer to give information to Police Department.

1. If any secondhand merchandise shall be advertised in any newspaper of general circulation within the County of Nassau as having been lost or stolen, and any merchandise answering

SECONDHAND DEALERS § 18.55

such advertised description or any part thereof shall be in or come into the possession of any dealer in secondhand merchandise, such dealer shall immediately give information relating thereto to the Nassau County Police Department, once he or she receives actual written or oral notice of the similarity of description.

2. Once such notification is given by the dealer to the Nassau County Police Department, no disposition of such secondhand merchandise may be made by the dealer until authorization to do so is given to the dealer by the Nassau County Police Department in writing.

3. A dealer in secondhand merchandise, when notified by the Nassau County Police Department that property in the dealer's 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 in writing to the dealer by the Nassau County Police Department allowing such removal or sale.

B. Every dealer in secondhand merchandise who shall have or receive any secondhand merchandise alleged or supposed to have been lost or stolen shall exhibit the same upon demand to:

1. The appropriate police agency; or

2. Any Enforcement Officer duly authorized to make such inspection.

§ 18.55 Identity of person from whom purchase is made

A. It shall be the duty of every dealer in secondhand merchandise to verify the identity of every person from whom he or she purchases secondhand merchandise 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

§ 18.55 MUNICIPAL CODE

public agency or department thereof or any public or private employer which requires and bears the signature of the person to whom it is issued; or

2. Other identification documentation which, under the circumstances of any particular purchase, would lead a reasonable person to believe that such identification is accurate and reliable, when identification under Subdivision B(1) hereof is not available.

C. It shall be the duty of every dealer in secondhand merchandise to require that every person from whom secondhand merchandise is purchased sign his or her name in the presence of the dealer, and the dealer shall compare the signature with the signature on the identifying document, if any, and retain on his or her premises the seller's signature together with the number and description of the identifying document.

§ 18.56 Signs and labels

Every dealer in secondhand merchandise who also sells new merchandise within the licensed premises shall label all secondhand merchandise in such manner that the public will be informed of the nature of such merchandise.

SECONDHAND DEALERS § 18.63

ARTICLE VI

GENERAL PROVISIONS

§ 18.61 Disclaimer of liability

This Chapter shall not create any liability on the part of the Incorporated Village of Mineola, its officers, agents or employees, or the officers, agents and employees of the appropriate police agency, for any act or damage caused as a result from reliance on this Chapter or any administrative decision lawfully made thereunder.

§ 18.62 Restrictions

It shall be unlawful for any dealer in secondhand merchandise to:

A. Engage in selling activities at any place other than the place of business designated as such in such license;

B. Purchase any secondhand merchandise from any person he or she knows to be or has reason to believe is under the age of eighteen (18) years;

C. Purchase any secondhand merchandise from any person between the hours of 10:00 P.M. and 7:00 A.M.;

D. Sell, dispose or alter any secondhand merchandise, except articles purchased from another duly licensed dealer, secondhand merchandise, until the expiration of fifteen (15) business days after the acquisition of such dealer of such merchandise; or

E. 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.

§ 18.63 Duty of police officer to enforce

It shall be the duty of any police officer of the appropriate police agency to require any person seen dealing in secondhand merchandise and who is not known by such police officer to be duly § 18.63 MUNICIPAL CODE

licensed to produce or display his or her dealer's license and to enforce the provisions of this Chapter against any person found to be violating the same.

ARTICLE VII

PENALTIES

§ 18.100 Penalties for offenses

A. Any person who violates the provisions of § 18.21 of this Chapter shall be guilty of a class A misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment for a period not exceeding one (1) year, or by both such fine and imprisonment.

B. Any person who violates the provisions of any other section of this Chapter shall be guilty of a violation, punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00) or imprisonment for a period not exceeding fifteen (15) days, or by both such fine and imprisonment. Each day's violation shall constitute a separate and distinct offense against this Chapter.

C. In addition to the penalties provided above, any offense against the provisions of this Chapter shall subject the person committing the offense to a civil penalty in the amount of One Thousand Dollars ($1,000.00) for each day that the offense shall continue, collectible by and in the name of the Incorporated Village of Mineola.

D. A conviction against a licensed dealer for any offense against the provisions of this Chapter shall constitute and effect an immediate forfeiture of his or her license.

HISTORICAL NOTE

This is a codification of Local Law #5 and 6 of the year 1982. It has been revised to have the Village Licensing Officer as the authority to issue licenses.

Cross-reference:

Fee Schedule. p. R-4

References: see p. 18.11