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

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

Key Facts

Licensing agency
NYC Dept. of Consumer and Worker Protection
Bond (general license)
$1,000 surety bond required
Biennial fee
$340 general; $600 secondhand-auto license
Purchase-hours ban
No buying from 12:00 a.m. to 6:00 a.m.
Resale hold period
15 days before resale of most items
Open-lot fencing
6-ft opaque fence required on street sides
First misdemeanor fine
At least $500, or $1,000 on repeat

Summary

New York City requires anyone who buys, sells, melts or refines second-hand articles, old gold, silver or platinum, pawnbroker tickets, or used electronics to hold a Department of Consumer and Worker Protection license under Administrative Code Section 20-265. There are two license types: a general secondhand dealer license and a separate secondhand automobile dealer license, each running the license period set by Section 20-266.

a. It shall be unlawful for any person to act as a dealer in second-hand articles without a license therefor.

b. There shall be the following types of licenses: A general license which shall authorize the licensee to act as a secondhand dealer with respect to all articles other than secondhand automobiles, within the city during the license period specified in section 20-266 of this subchapter. A secondhand automobile dealer's license which shall authorize the licensee to act as a secondhand dealer with respect to secondhand automobiles within the city during the license period specified in section 20-266 of this subchapter.

Source: NYC Admin Code Title 20 Chapter 2 Subchapter 28View official code

Full Breakdown

Administrative Code Section 20-264 defines a "dealer in second-hand articles" broadly: anyone who buys or sells used goods, takes them as trade-ins, deals in used gold, silver or platinum items, melts precious metals, trades pawnbroker tickets, or deals in used electrical appliances and electronics. Pianos, books, artwork and first sales of imported second-hand goods are exempt. Section 20-265 makes operating without the matching license unlawful; a general license covers everything except secondhand automobiles, which need their own secondhand automobile dealer's license. Section 20-266 sets a $1,000 surety bond for the general license, biennial fees of $340 (general) or $600 (automobile), and mandatory fingerprinting of the sole proprietor, general partners, or officers and 10%-plus shareholders for a criminal-history check through the state Division of Criminal Justice Services.

m. Most purchased items must be held 15 days before resale, refining or melting, and a dealer cannot also hold a pawnbroker license or display any sign resembling a pawnbroker's. Open storage lots (for junk dealers and secondhand dealers alike, other than used-car display lots) must be enclosed on every street-facing side by a sheet-metal or wood fence at least six feet high that blocks public view, with only one advertising sign up to 24 feet by 6 feet allowed per adjoining street.

Violations & Fines

Under Section 20-275, violating any provision of this subchapter or its rules is a class A misdemeanor: at least $500 on a first conviction, and $1,000 and/or 15 days in jail on any later conviction. Separately, the Department of Consumer and Worker Protection can issue civil penalties of $175 for a first violation, $300 for a second, and $500 for a third or later violation, though a first-time signage or pricing violation under Section 20-270 or 20-271 can be excused if cured within 30 days. A secondhand automobile dealer license can be suspended or revoked at the commissioner's discretion, and must be revoked after a third violation of the automobile-sale rules within three years.

Frequently Asked Questions

Who counts as a "dealer in second-hand articles" in NYC?
Administrative Code Section 20-264 covers anyone who buys or sells used goods, takes them as trade-ins or credit, deals in used items made of gold, silver or platinum, melts precious metals, trades pawnbroker tickets, or buys or sells used electrical appliances, electronics or components. Books, art, pianos and first sales of imported used goods are excluded.
Can a licensed secondhand dealer also operate as a pawnbroker?
No. Section 20-268(f) makes it unlawful for anyone licensed as a secondhand dealer to also hold a pawnbroker license, take goods as a pledge or pawn, or display any sign that resembles or suggests a pawnbroker's business, even by subterfuge.
How long must a secondhand dealer hold purchased goods before reselling?
Section 20-268(d) requires most purchased items, other than specific exempt categories like household furniture or building materials, to be held for 15 days after purchase or redemption before resale. Section 20-268(e) applies the same 15-day hold to items bought for melting or refining.
What happens if someone operates as a secondhand dealer without a license?
Section 20-265 makes it unlawful to act as a dealer in second-hand articles without the matching license. Section 20-275 makes violating the subchapter a class A misdemeanor carrying at least a $500 fine on a first conviction, rising to $1,000 and/or 15 days in jail for later convictions, on top of separate escalating civil penalties.

Sources & Official References

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