Section 20-264
* § 20-264 Definitions. a. Whenever used in this subchapter, the words
"dealer in second-hand articles" shall mean any person who, in any way
or as a principal broker or agent:
1. Deals in the purchase or sale of second-hand articles of whatever
nature, or
2. Accepts or receives second-hand articles as returns of merchandise
or in exchange for or for credits on any other articles or merchandise,
or
3. Deals in the purchase or sale of any second-hand manufactured
article composed wholly or in part of gold, silver, platinum or other
metals, or
4. Deals in the purchase or sale of old gold, silver, platinum or
other precious metals, or
5. Deals in the purchase of articles or things comprised of gold,
silver, platinum or other precious metals for the purpose of melting or
refining, or
6. Engages in melting previous metals for the purpose of selling, or
7. Deals in the purchase or sale of pawnbroker tickets or other
evidence of pledged articles, or
8. Not being a pawnbroker deals in the redemption or sale of pledged
articles, or
9. Deals in the purchase or sale of any used electrical appliance,
electronic equipment or component parts.
b. Nothing contained in this subchapter shall be construed to apply
to:
1. Pianos, books, magazines, rugs, tapestries, artists' burlaps,
painting, sculpture, drawings, etchings and engravings;
2. The first purchase or sale in the city of any imported second-hand
article;
3. The acceptance or receipt of merchandise which is not second-hand
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 the resale of such merchandise;
4. The acceptance or receipt of second-hand merchandise 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 sale or exchange of such
merchandise to any person other than an ultimate consumer;
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.
c. The burden of proof that an article was originally purchased from
the person accepting or receiving it, that it was the first subsequent
sale or exchange thereof to a person other than an ultimate consumer or
that it was a first sale at retail of such factory rebuilt merchandise
shall be upon the person asserting the same. Evidence of an existing
trade-practice in the city, if any, shall be admissible for the purpose
of determining whether or not merchandise is second-hand.
* NB There are 2 § 20-264's
Section 20-265
* § 20-265 License required. a. It shall be unlawful for any person to
act as a dealer in second-hand articles without a license therefor.
b. There shall be the following types of licenses:
A general license which shall authorize the licensee to act as a
secondhand dealer with respect to all articles other than secondhand
automobiles, within the city during the license period specified in
section 20-266 of this subchapter.
A management license which shall authorize the licensee who is not a
dealer in antiques to operate and manage an antique exposition where
such antiques are sold at any fair, show or exhibit within the city
during a period of one month from the date of issuance of such license.
A secondhand automobile dealer's license which shall authorize the
licensee to act as a secondhand dealer with respect to secondhand
automobiles within the city during the license period specified in
section 20-266 of this subchapter.
* NB Separately amended -- Cannot be put together
* § 20-265 License required. a. It shall be unlawful for any person to
act as a dealer in second-hand articles without a license therefor.
b. There shall be the following types of licenses:
A general license which shall authorize the licensee to act as a
secondhand dealer with respect to all articles other than secondhand
automobiles, within the city during the license period specified in
section 20-266 of this subchapter.
An exposition license which shall authorize a dealer in antiques who
maintains no place of business within the city to exhibit and sell such
antiques at any fair, show or exposition within the city during a period
of one month from the date of issuance of such license.
A secondhand automobile dealer's license which shall authorize the
licensee to act as a secondhand dealer with respect to secondhand
automobiles within the city during the license period specified in
section 20-266 of this subchapter.
* NB Separately amended -- Cannot be put together
* NB There are 2 § 20-265's
Section 20-266
* § 20-266 Bonds; fee; term; fingerprinting. a. Each dealer securing a
general license shall furnish a bond to the city, with sufficient
surety, to be approved by the commissioner in the penal sum of one
thousand dollars conditioned for the due observance of the law relating
to such dealers.
b. The fee for licenses shall be as follows: for a general license, a
biennial fee of three hundred forty dollars; for a second-hand
automobile dealer's license, a biennial fee of six hundred dollars.
c. The commissioner shall require that applicants for licenses issued
pursuant to this subchapter be fingerprinted for the purpose of securing
criminal history records from the state division of criminal justice
services. The applicant shall pay a processing fee as required by the
state division of criminal justice services. Fingerprints shall be taken
of the individual owner if the applicant is a sole proprietorship; the
general partners if the applicant is a partnership; and the officers,
principals, directors, and stockholders owning more than ten percent of
the outstanding stock of the corporation if the applicant is a
corporation. Any person required to be fingerprinted hereunder shall
furnish to the department three current passport-size photographs of
such person. Notwithstanding the foregoing, the commissioner need not
require applicants for licenses required under this subchapter to be
fingerprinted if criminal history records concerning such applicants are
not available from the state division of criminal justice services.
* NB There are 2 § 20-266's
Section 20-266.1
§ 20-266.1 Refusal to issue or renew, or suspension or revocation
based on criminal conviction. In addition to any of the powers that may
be exercised by the commissioner pursuant to this subchapter or chapter
one of this title, the commissioner, after notice and an opportunity to
be heard, may refuse to issue or renew, or may suspend or revoke, a
license required under this subchapter if the applicant or licensee, or
any of its principals, officers or directors, or any of its stockholders
owning more than ten percent of the outstanding stock of the corporation
has been convicted of a crime which, in the judgment of the
commissioner, has a direct relationship to such person's fitness or
ability to perform any of the activities for which a license is required
under this subchapter or has been convicted of any other crime which, in
accordance with article twenty-three-a of the correction law, would
provide a justification for the commissioner to refuse to issue or
renew, or to suspend or revoke, such license.
Section 20-267
§ 20-267 Report to the police commissioner. Every dealer in
second-hand articles, upon being served with a written notice to do so
by a member of the police department, shall report to the police
commissioner, on blank forms to be furnished by such department, a copy
of the records required to be kept under section 20-273 of this
subchapter, of all goods or articles or any part thereof, purchased,
received or sold in the course of his or her business, during the days
specified in such notice.
Section 20-268
§ 20-268 Restrictions. a. It shall be unlawful for any dealer in
second-hand articles to carry on his or her business at any place other
than the one designated in such license.
b. It shall be unlawful for any such dealer to purchase any
second-hand goods, or things from any person whom he or she knows to be
or has reason to believe is a minor.
c. It shall be unlawful for any person whose principal business is
dealing in second-hand articles to purchase any second-hand goods or
articles from any person between the hours of 12:00 A.M. and 6:00 A.M.
d. It shall be unlawful for any such dealer to sell or dispose of any
articles or things except household furniture, curtains, carpets,
stoves, kitchen utensils, office furniture, automobiles, motor and other
vehicles, machinery, belting, building materials and barrels, or other
articles or things received from a dealer or pawnbroker, or which have
been received from persons known to be jewelers, dealers, banking
institutions, executors or administrators, until the expiration of
fifteen days after such purchase or redemption.
e. All second-hand articles or things purchased for the purpose of
melting or refining by persons principally engaged in such business,
from persons who are not jewelers or dealers, shall not be sold, refined
or melted or disposed of until the expiration of fifteen days after such
purchase.
Such items as described in the preceding paragraph shall be kept on
the premises described in the license which is required by section
20-265 of this chapter.
f. It shall be unlawful for any person licensed as a dealer in
second-hand articles, to be licensed as a pawnbroker. It shall be
unlawful for any such dealer to receive any article by way of pledge or
pawn, or employ subterfuge for receiving goods as security for the
advancement of money; nor shall any sign, device or subterfuge be
displayed, used or employed by any such dealer in or about the premises
where such business is conducted, which in any way resembles the emblem
or sign 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; nor shall there be any
sign displayed which is calculated to deceive.
g. (1) All open lots used as places of storage by junk dealers and
dealers in second-hand articles, except lots used as places of display
by dealers engaged exclusively in the sale of used or second-hand
automobiles, shall be enclosed on all sides adjoining any street by a
sheet metal or wooden fence which shall be sufficient to obscure such
premises from the public view, and at least six feet in height. It shall
be unlawful for such dealer to display or exhibit such property or
articles on or in front of any such fence. It shall be the duty of such
dealer occupying such premises to keep such fence free and clear of all
signs, posters, handbills or other forms of advertisement of any sort
whatsoever, except that such dealer may display one sign not exceeding
twenty-four feet in length by six feet in height on such fence on each
street which such premises shall adjoin, such sign to be used for the
purpose of advertising the business of such dealer. The same
restrictions shall apply to the owner of such premises in the event that
such premises are made available for lease by such owner.
(2) It shall be unlawful to stack or to permit the stacking of any
motor vehicles of any kind, or any parts thereof, upon any private
property within the city unless such vehicles or parts thereof are
completely enclosed within a building, or within an area surrounded by a
six foot high fence constructed of sheet metal or wood. When stacked in
an open lot such motor vehicles or parts thereof shall be on the
interior portion of the lot and the base of such stack shall be a
distance of not less than twenty feet from such fence, and the height of
such stack shall not exceed twenty feet. There shall be no less than a
five hundred foot distance between the area so used and any place of
worship, school or other public building.
(3) The commissioner shall cause periodic inspection to be made of the
area and must be satisfied that such premises comply with all laws and
rules and regulations of the department of buildings, the fire
department, the department of transportation, the department of health
and mental hygiene, and the department of environmental protection
insofar as the same are applicable thereto. For purposes of facilitating
the inspection prescribed by this section, the commissioner is
authorized to call upon the heads of the above named departments and
such departments and their employees shall make such inspections as may
be required.
(4) The provisions set forth in paragraph (2) hereof relating to the
five hundred foot distance from any place of worship, school or public
building, shall not apply to any existing licensed premises.
Section 20-269
§ 20-269 Automobile wreckers; fires. The occurrence, as reported by
the fire commissioner pursuant to subdivision c of section 27-4249 of
the code, of more than two fires during any twelve-month period at a
location operated for the salvage, dumping or wrecking of automobiles or
parts thereof by a person licensed pursuant to this subchapter, shall be
considered by the commissioner as prima facie evidence of the existence
of a continuous danger to public health and safety and shall be grounds
for the suspension or revocation of said license.
Section 20-270
§ 20-270 Sign for new and second-hand articles. Every person licensed
as a dealer in second-hand articles, who also sells new articles within
the licensed premises, shall have a sign of not less than two hundred
sixteen square inches with letters thereon not less than two inches in
height prominently displayed within the department or area where said
articles are sold, informing the public that new articles and
second-hand articles are sold within said department or area.
Section 20-271
§ 20-271 Labelling of second-hand articles. Every person licensed as a
dealer in second-hand articles, who also sells new articles within the
licensed premises, shall label all second-hand articles in such manner
that the public will be informed thereof.
Section 20-272
§ 20-272 Lost or stolen property. a. If any goods or articles shall be
advertised in any newspaper printed in the city 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 second-hand articles, upon receiving written or oral
notice to do so, such dealer shall give information thereof in writing
to the police commissioner.
b. Every dealer in second-hand articles who shall have or receive any
goods, or articles lost or stolen, or alleged or supposed to have been
lost or stolen, shall exhibit the same, on demand, to the commissioner
or departmental inspector, or to any judge of the criminal court, to any
police officer, or to any person, duly authorized in writing by the
commissioner or by any judge of the criminal court, who shall exhibit
such written authority to the dealer.
Section 20-273
§ 20-273 Record of purchase and sales. a. Every dealer in second-hand
articles shall keep a book in which shall be legibly written in English,
at the time of every purchase and at the time of every sale, a
description of every article so purchased or sold, the number or numbers
and any monograms, inscription or other marks of identification that may
appear on such article, a description of the articles or pieces
comprising old gold, silver, platinum, or other metals, and any
monogram, inscription or marks of identification thereon, the name,
residence and general description of the person from whom such purchase
was made or to whom sold and the day and hour of the purchase or sale.
b. In the case of a purchase or sale of a pawnbroker ticket or other
evidence of a pledged article or a redemption or sale of a pledged
article, there shall be written in such book at the time of such
purchase, sale or redemption:
1. The name and address of the person who issued such ticket or other
evidence;
2. The pledge number of such pawn ticket or other evidence;
3. The name and address of the pledgor as it appears upon such pawn
ticket or other evidence;
4. The amount loaned or advanced as it appears on such pawn ticket or
other evidence;
5. The day and hour of such purchase, sale or redemption, as the case
may be;
6. The name, residence and general description of the person from whom
or to whom the redeemed article is purchased or sold, as the case may
be;
7. The sum paid or received for such pawn ticket or other evidence, or
the sum paid or received for the redeemed article or pledge;
8. Such description of a pledged article as appears on such pawn
ticket or other evidence and an accurate description of every redeemed
pledged article.
c. In the case of a sale or other disposal of a motor vehicle, motor
cycle or motor thereof, the licensee shall, in addition to any other
entry required, enter in a permanent record the manner in which said
motor vehicle, motor cycle or motor was removed from the premises,
giving the name and address of the person who removes it and the motor
vehicle registration number of any vehicle used to tow, remove or
transport such motor vehicle, motor cycle or motor.
d. Such book, at all reasonable times, shall be open to the inspection
of any police officer, to the commissioner or departmental inspector, or
any judge of the criminal court, or any person duly authorized in
writing for such purposes by the commissioner or by any judge of the
criminal court, who shall exhibit such written authority to the dealer.
Section 20-275
§ 20-275 Violation. Any person who shall violate any of the provisions
of this subchapter or any rule or regulation issued thereunder shall be
guilty of a class A misdemeanor and upon the first conviction be subject
to a fine of at least five hundred dollars and upon any subsequent
conviction be subject to a fine of one thousand dollars and/or
imprisonment of at least fifteen days.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.