* Editor's note: there are two sections designated as § 20-264.
a. As used in this subchapter, the following terms have the following meanings:
Add-on product. The term "add-on product" means any product or service offered with a second-hand automobile, including, but not limited to, automobile service contracts, extended service contracts, prepaid maintenance packages, road service or club membership, theft protection, car alarm, auto immobilizer, vehicle identification number etching, mechanical breakdown, guaranteed auto protection, and credit life, accident or disability insurance, and biweekly payment plans.
Business day. The term "business day" means any day other than Saturday, Sunday, or a legal holiday.
Dealer in second-hand articles. The term "dealer in second-hand articles" means 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.
Financing. The term "financing" means any agreement, including a loan, installment agreement, or deferred payment plan where the consumer agrees to make payments subsequent to the execution of the sales contract, regardless of whether the payments are made to the second-hand automobile dealer or to a third-party assigned the agreement.
Retail installment contract. The term "retail installment contract" means a retail installment contract, as that term is defined in subdivision 5 of section 301 of the personal property law, that is entered into in the city of New York by a second-hand automobile dealer and a consumer of a second-hand automobile for the purchase of a second-hand automobile.
Retail installment sale. The term "retail installment sale" means a retail installment sale as that term is defined in subdivision 4 of section 301 of the personal property law.
Second-hand automobile dealer. The term "second-hand automobile dealer" means a dealer in second-hand articles that deals in the purchase or sale of second-hand automobiles.
Trade-in automobile. The term "trade-in automobile" means an automobile provided to a second-hand automobile dealer by a consumer as a trade-in or a down-payment toward the purchase of a second-hand automobile pursuant to a sales contract.
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.
(Am. L.L. 2017/197, 10/16/2017, eff. 2/13/2018)