ARTICLE II, Junk Dealers and Peddlers

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ARTICLE II, Junk Dealers and Peddlers

§ 147-10. Applicability

This Article shall apply to every person who shall be engaged in business as a junk peddler or a junk dealer, as hereinafter defined, except those persons who are covered by the provisions of Article I of this chapter.

§ 147-11. Definitions

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

JUNK DEALER -- A person who shall carry on the business of buying, selling or storing any of the articles enumerated in § 147-12 at an established place of business.

JUNK PEDDLER -- A person who shall go, with or without a vehicle, from house to house or place to place buying, offering to buy, collecting or gathering any of the articles enumerated in § 147-12.

§ 147-12. License required

No person shall, within the limits of the village, engaged in or carry on the business of junk peddler or junk dealer or otherwise engage in or carry on the business of collecting, buying, selling or otherwise dealing in junk, rags, old rope, bottles, bones, old carton boxes, rubber or any other article or thing, except old metal, without first having obtained a license therefor as is hereinafter provided.

§ 147-13. Scrap metal businesses excepted

Any person who shall engage in the business of buying or selling old metal only shall not be subject to the provisions of this Article but shall be subject to the provisions of Article 6 of the General Business Law.

§ 147-14. Application for license

Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form prepared and furnished by the village.

A Such application shall contain the name and residence of the applicant if an individual or the names of the principal officers and their residences if the applicant is a corporation or association.

B Such application shall also describe in detail the character of the business in which he desires to engage and the kind of materials he desires to collect, buy, sell or otherwise deal in.

C It shall also state the following:

(1) Whether the applicant is licensed to sell old metal in accordance with Article 6 of the General Business Law.

(2) the length of time such applicant has resided in the Village of Ilion, New York, his place or places of previous employment, whether married or single, whether he has been convicted of a felony or misdemeanor and, if so, what offense and in what court.

(3) The premises where such business is to be located or carried on, giving street and number.

(4) Whether the applicant has, either alone or with someone else, previously been a junk dealer or peddler as defined in § 147-11.

(5) Such other information that may be required by the Board of Trustees.

D Such application shall be signed and certified before a notary public or other officer authorized to administer oaths.

§ 147-15. Bonds

Such application shall be accompanied by a bond to the Village of Ilion, approved as to form by the Village Attorney, in the penal sum of two thousand dollars ($2,000.) for a junk dealer and two hundred fifty dollars ($250.) for a junk peddler, with a sufficient surety or securities or sufficient collateral security, conditioned for the due observance during the term of the license of any and all provisions of this chapter and Code which are now in force or may hereafter be adopted by the Board of Trustees respecting the collection, buying, selling or otherwise dealing in articles enumerated in § 147-12.

§ 147-16. License issuance; reapplication after refusal

A Upon the filing of the application and the bond as provided in the preceding section, the Village Clerk may, upon approval of such application after investigation thereof and of such bond as to sufficiency of surety or sureties or collateral security and the payment to the Village of the license fee hereinafter provided, issue to the applicant a license to engage in business as provided in § 147-12. No license shall be refused except for a specific reason and for the protection of public safety, good order or morals. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee.

B No applicant to whom a license has been refused shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.

§ 147-17. License fees; transferability, exhibition and loss or destruction of license

A Every junk dealer as defined in § 147-11 shall pay an annual license fee as determined by resolution of the Village Board for each established place of business. Every junk peddler as defined in § 147-11 shall pay an annual license fee as determined by resolution of the Village Board.

B All licenses shall be issued as of April 1 and shall continue in force until April 1 next succeeding the date of issuance thereof, unless sooner revoked by the Board of Trustees.

C No junk dealer shall engage in business as a junk peddler without paying a separate license therefor.

D No junk peddler's license shall give authority for more than one (1) person to buy, offer to buy or collect under it.

E Each junk dealer or peddler while exercising his license shall carry his license and exhibit the same whenever requested to do so by a police officer or other official of the village.

F No license shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall be guilty of a violation of this chapter.

G Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application and bond may be issued by the Village Clerk in his discretion.

§ 147-18. Designation and change of place of business

A Every license which shall be granted in pursuance of this Article shall designate the place of business in or from which the junk dealer or peddler receiving such license shall be authorized to carry on such business.

B In case any licensee shall desire to remove his place of business from the place designated in the license, he shall immediately give notice to the Village Clerk of such intention and have the same approved and endorsed upon such license before so doing.

§ 147-19. Restrictions

A No junk dealer or peddler shall carry on the business at or from any other place than the one designated in the license therefor, nor shall he continue to carry on business after such license has been revoked or has expired.

B No junk dealer or peddler shall purchase any article enumerated in § 147-12 from any minor under the age of sixteen (16) years or from any person or persons who he has reason to believe is not the owner of the article offered for sale or at any time except during regular business hours.

C No person licensed under the provisions of this Article shall, during the continuance of such license, use, exercise or carry on the business or trade of a collateral loan broker nor shall any collateral loan broker receive a license under the provisions of this Article.

D No license as junk dealer or peddler shall be granted to any person who shall have been convicted of a violation of this Article within five (5) years of the date of application or who shall have been a member of an association or an officer of a corporation which shall have been so convicted or to any person who shall have been convicted of a felony or of knowingly receiving stolen goods or to a member of any association or partnership or an officer of any corporation which shall have been so convicted.

§ 147-20. Revocation of license

The Board of Trustees may, at any time, for such cause as it, upon investigation, deems sufficient, revoke any license granted under the provisions of this chapter. Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been so revoked within a period of five (5) years from the date of such revocation. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Village Clerk upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of such with the Village Clerk.

§ 147-21. Records and reports to police; lost and stolen goods

A Keeping of records. Every junk dealer shall keep, in such form as the Chief of Police may prescribe and written in ink or indelible pencil, a daily record of all articles purchased, the name, residence, age and occupation of the person from whom each article was purchased and the name of the employer, if any, of such person, also the day and hour of such purchase and the price paid. The records shall be open to inspection at all reasonable times by any police officer or other authorized official of the village. No entry in such records shall be changed, erased, obliterated or defaced.

B Reports to Police Department. Every junk dealer, upon being served with a written notice so to do by an officer of the Police Department, shall report to the Chief of Police, on blank forms to be furnished by the Police Department, an accurate description of all goods, articles or things purchased or received by him in the course of business as a junk dealer at such time and during such period of time specified in the notice, stating the amount paid for and the name, residence and general description of the person from whom such goods, articles or things were received.

C Lost or stolen goods. If any goods, articles or things whatsoever shall be advertised in any newspaper having general circulation in the village as having been lost or stolen and the same or any answering the description advertised or any part or portion thereof shall be or come into the possession of any junk dealer or peddler, he shall give information thereof, in writing, to the Chief of Police and state from whom the same was received. Any junk dealer or peddler who shall have or receive any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer or other official of the village.