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Amherst, NY Business Licensing & Operations: Secondhand Dealers (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing chapter
Amherst Code Ch. 157, § 157-2
Holding period
21 days from date of purchase
Covered goods
Jewelry, precious metals, clothing, tools
Exemption
Goods already held 21 days by a licensed dealer
Penalty
Up to $250 fine or 15 days jail
Adopted
11-3-2014, L.L. No. 38-2014

Summary

Amherst's Secondhand Dealers law, Chapter 157, requires dealers in jewelry, diamonds, watches, rings, furs, gold, silver, plated ware, clothing, and tools to hold that merchandise 21 days from purchase before reselling it under § 157-2A. Goods already held 21 days by another authorized licensed dealer are exempt from a second holding period.

Every secondhand dealer in jewelry, diamonds, watches, rings, furs, gold, silver and plated ware shall hold said goods for a period of twenty one (21) days from the time of purchase and shall not resell the same until the expiration of said period. Every secondhand dealer in clothing and tools shall hold said goods for twenty one (21) days and shall not resell the same until the expiration of said period.

Full Breakdown

Adopted November 3, 2014 by Local Law No. 38-2014, Chapter 157 defines a "dealer" as any person or business engaged in buying, selling, bartering, exchanging, or pawning junk, antiques, secondhand articles, precious metals, gems, or secondhand automotive vehicles, and a "secondhand dealer" as one who deals in secondhand personal property including household goods, appliances, precious metals, tools, fixtures, electrical devices, and bric-a-brac (§ 157-1). Section 157-2A requires secondhand dealers in jewelry, diamonds, watches, rings, furs, gold, silver, and plated ware to hold that merchandise 21 days from the time of purchase before reselling it, and imposes the same 21-day hold on dealers in clothing and tools.

Section 157-2B extends the same 21-day hold to dealers who primarily sell new jewelry and kindred merchandise but occasionally acquire secondhand pieces in the course of business. Section 157-2C exempts goods that an authorized licensed dealer acquires from another authorized licensed dealer who already held them for the full 21-day period, preventing a double hold on the same item as it moves between dealers. The chapter does not set out a separate municipal license-application procedure; it operates as a holding-period and record-purpose law layered onto whatever state or other local licensing already applies to the dealer's business.

Violations & Fines

Any person who violates Chapter 157, including reselling covered merchandise before the 21-day hold expires, is subject upon conviction under § 157-2D to a fine of up to $250 or imprisonment for up to 15 days, or both. The Town of Amherst may also enforce compliance by seeking an injunction to restrain the violation, in addition to the criminal penalty.

Frequently Asked Questions

How long must an Amherst secondhand dealer hold merchandise?
Section 157-2A requires secondhand dealers in jewelry, diamonds, watches, rings, furs, gold, silver, plated ware, clothing, and tools to hold that merchandise 21 days from the date of purchase before reselling it.
Does Amherst require a separate license for secondhand dealers?
Chapter 157 defines dealers and imposes the 21-day holding rule but does not itself lay out a municipal license-application process; § 157-1 sets the definitions that trigger the holding requirement.
Can goods move between Amherst dealers without a new hold?
Yes. Section 157-2C exempts goods that a licensed dealer acquires from another licensed dealer who already completed the 21-day hold, so the merchandise is not held twice.
What is the penalty for violating Amherst's secondhand dealer law?
Section 157-2D sets a fine of up to $250 or up to 15 days' imprisonment, or both, for violating Chapter 157, and the Town can also seek an injunction to stop the violation.

Sources & Official References

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