2006 New York Code - Definitions.

 
    §  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.