2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
392 - Second-hand watches.

 
    § 392. Second-hand watches. 1. Definitions. As used in this section:
    A.  "Person"  shall  be  deemed  to  mean a person, firm, partnership,
  association or corporation.
    B.  "Consumer"  shall  be  deemed  to  mean   an   individual,   firm,
  partnership, association or corporation who buys for own use, or for the
  use of another but not for resale.
    C.  A "second-hand" watch shall be deemed to mean: A watch which, as a
  whole, the case thereof, or the movement thereof  has  been  sold  to  a
  consumer;  provided, however, that a watch which has been so sold and is
  thereafter returned, either through an exchange or for  credit,  to  the
  same  person who sold such watch to the consumer, shall not be deemed to
  be a second-hand watch for the purpose of this act if such person  keeps
  a  written  or  printed record setting forth the name and address of the
  consumer, the date of the sale to the consumer, the name of the watch or
  its maker, and the serial numbers, if any, on the case and the  movement
  of  the  watch, or other distinguishing numbers or identification marks,
  the aforesaid record to be kept for at least three years from  the  date
  of  the  sale  of  the  watch  and  to be open for inspection during all
  business hours by the district attorney, or his representative,  of  the
  county in which such person is engaged in business; or
    Any   watch   whose   case   or  movement,  serial  numbers  or  other
  distinguishing  numbers  or  identification  marks  have  been   erased,
  defaced, removed, altered or covered; or
    Any  watch,  the movement of which is more than five years old and has
  been repaired, or  any  part  or  parts  of  the  watch,  including  the
  movement,  have been replaced, whether in the vendor's hands or while in
  the possession of another; and this provision shall apply whether or not
  the watch has been returned, either through an exchange or for credit to
  the same person who sold or disposed of said watch to  the  consumer  in
  any manner.
    2.  Any  person, or agent or employee thereof, who sells a second-hand
  watch, shall affix and keep affixed to the same a  tag  with  the  words
  "second-hand"   legibly  written  or  printed  thereon  in  the  English
  language.  For the purposes of this subdivision, "sell" shall be  deemed
  to  include  offer  to  sell  or  exchange, expose for sale or exchange,
  possess with intent to sell or exchange, and sell or exchange.
    3. Any person, or agent or employee thereof, who sells  a  second-hand
  watch  shall  deliver  to the vendee a written invoice setting forth the
  name and address of the vendor, the name and address of the vendee,  the
  date  of  the  sale,  the name of the watch or its maker, and the serial
  numbers, if any or other distinguishing numbers or identification  marks
  on  its  case  and  movement.  In the event the serial numbers, or other
  distinguishing  numbers  or  identification  marks  have  been   erased,
  defaced,  removed,  altered  or  covered, this shall be set forth in the
  invoice. A duplicate of the aforesaid invoice shall be kept on  file  by
  the  vendor  of such second-hand watch for at least three years from the
  date of the sale thereof and shall be  open  to  inspection  during  all
  business  hours  by  the  district attorney or his representative of the
  county in which the vendor is engaged in business.
    4. Any person advertising in any manner second-hand watches  for  sale
  shall  state  clearly in such advertising that the watches so advertised
  are second-hand watches.
    5. Any violation of this act shall constitute a misdemeanor and  shall
  be  punishable  by  a fine of not more than five hundred dollars, or not
  more than one hundred days in jail or both.