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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Licensing authority
Town Clerk of Brookhaven
License term
July 1 to June 30
Fence requirement
8-foot solid fence, all sides
False statement penalty
Up to $2,000 or 15-30 days
General violation penalty
Up to $1,000 or 15 days
Employee age minimum
16 years old
L-2 zone density cap
1 licensee per 5 acres

Summary

Every junk dealer, scrap processor and vehicle dismantler with a place of business in Brookhaven must hold a Town Clerk license before operating. Applicants must disclose prior larceny or stolen-property convictions, list every storage site, and prove the premises are surrounded by an eight-foot solid fence.

All junk dealers, scrap processors and vehicle dismantlers who maintain a place of business in the Town of Brookhaven are hereby required to obtain a license from the Town Clerk of the Town of Brookhaven to operate and maintain said junk business, scrap metal processing facility or vehicle dismantling facility within said Town.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Chapter 42, adopted in 1987, requires a Town Clerk license for anyone buying and selling junk, running a scrap metal processing facility, or dismantling vehicles for parts within Brookhaven (§ 42-2). The sworn application must disclose whether the applicant was convicted of larceny or knowingly receiving stolen property, or violated Article 6 of the General Business Law, since January 1, 1933; list every premises used to store junk, current and planned for the next 12 months, with the zoning classification of each; confirm compliance with Chapter 85 zoning; state the applicant will not employ anyone under 16 in the business; and give the date operations began.

The Town Clerk investigates the application and, under § 42-3, can revoke an issued license for improper conduct only after a hearing on at least 48 hours' written notice before a panel of the Town Attorney, the Commissioner of Planning, Environment and Development, and the Commissioner of Public Safety; a majority vote revokes, and the licensee can appeal to the Town Board. Section 42-4 recognizes three license types: junk dealer, scrap processor (which also authorizes junk dealing) and vehicle dismantler (which authorizes both). Site requirements under § 42-5 include Planning Board site plan approval when Chapter 85 requires it, a certificate of occupancy or zoning compliance, an eight-foot solid fence around every side of the premises, and, for vehicle dismantling, a dismantling pad meeting standards set by the Director of the Division of Environmental Protection.

Nonconforming junkyards are capped at one licensee per parcel unless continuously operated since before October 30, 1978, and in the L-2 Zoning Category only one licensee is allowed per five acres of lot area. Licenses run from July 1 through June 30 each year (§ 42-6), and a licensee may only operate at the address stated on the license (§ 42-7).

Violations & Fines

Knowingly making a false statement on the license application is a misdemeanor punishable by a fine up to $2,000 or 15 to 30 days' imprisonment, or both (§ 42-8). Any other violation or refusal to comply with Chapter 42 is a violation carrying a fine up to $1,000 or up to 15 days' imprisonment, or both (§ 42-9), separate from the Town Clerk's independent power to revoke the license after a hearing.

Frequently Asked Questions

Do I need a license to run a junkyard in Brookhaven?
Yes. Section 42-2 requires any junk dealer, scrap processor or vehicle dismantler with a place of business in the Town to obtain a license from the Town Clerk, and the sworn application must list every site used to store junk along with its zoning classification.
What fence does a licensed junkyard need in Brookhaven?
Section 42-5C requires an eight-foot-high solid fence surrounding all sides of the premises before a license can issue, matching the same eight-foot standard the application itself asks applicants to confirm under § 42-2D.
What happens if I lie on my junk dealer application?
Section 42-8 makes a knowing false statement on the application a misdemeanor, punishable by a fine of up to $2,000 or 15 to 30 days in jail, or both, separate from the general Chapter 42 penalty for other violations.

Sources & Official References

Other rules in Brookhaven

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