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

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

Key Facts

License required from
Town Board (junkyard); Town Clerk (itinerant)
Initial license fee
$1,000
Annual renewal fee
$500
Inspections
At least once a year
Chapter penalty
Up to $5,000 or 30 days

Summary

Anyone buying, selling or dealing in junk, scrap metal or salvage in Smithtown, or operating a junkyard, needs a Town Board license and special permit before starting. Itinerant junk dealers need a separate license from the Town Clerk, and licenses cost $1,000 to start and $500 to renew each year.

It shall be unlawful for any person to act as a junk dealer or operate a junkyard in the Town of Smithtown, whether personally, by agents or employees, singularly or along with some other business or enterprise, without first having obtained a license and a special permit therefor from the Town Board in accordance with the provisions of this chapter. A junk dealer who operates more than one junkyard within the Town shall be required to have in effect a separate special permit for each yard.

Full Breakdown

Town Code § 194-5 makes it unlawful for anyone to act as a junk dealer or operate a junkyard in Smithtown, personally or through agents, without first obtaining a license and special permit from the Town Board; a dealer running more than one junkyard needs a separate permit for each yard. Itinerant junk dealers, defined as people who buy, sell, collect or deliver junk within the Town without operating a junkyard, instead need a license from the Town Clerk under § 194-5B. Chapter 194 defines "junk" broadly to cover scrap metal, old iron, brass, copper, rags, wastepaper, salvage material and discarded motor vehicles, but excludes construction and demolition debris.

The application under § 194-6 is extensive: it requires eleven copies, owner and employee names for the past five years, a site survey, zoning classification, a statement on prior convictions, two passport-style photographs, and two full sets of fingerprints. Under § 194-7, the Departments of Planning, Building, Engineering and Environment and Waterways must each sign off before the Town Clerk issues the license, which must be acted on within 45 days. The initial license fee is $1,000 under § 194-9, with a $500 annual renewal fee; bona fide nonprofit charitable organizations are exempt from both fees.

The Town Board may revoke or suspend a license after notice and hearing under § 194-13 for bad character, chapter violations, fraud in the application, or operating in a manner detrimental to public health or safety, and licensed junkyards get at least one inspection a year under § 194-12.

Violations & Fines

Violating any provision of Chapter 194 is a misdemeanor under § 194-18, punishable by a fine of up to $5,000 or up to 30 days' imprisonment, or both, with each week of continued noncompliance treated as a separate violation carrying the same liability as a first-time offense. The Town Board may additionally revoke, suspend, censure or fine up to $5,000 under § 194-13D after a hearing.

Frequently Asked Questions

Do I need a license to buy and sell scrap metal in Smithtown?
Yes. Section 194-5 makes it unlawful to act as a junk dealer or operate a junkyard in the Town without first obtaining a license and special permit from the Town Board, and a dealer running more than one yard needs a permit for each location.
How much does a Smithtown junk dealer license cost?
Under § 194-9, the initial license fee is $1,000 and the annual renewal fee is $500, though bona fide nonprofit charitable organizations are exempt from both fees under the same section.
Can Smithtown revoke a junk dealer's license?
Yes. Section 194-13 lets the Town Board revoke or suspend a license after notice and a hearing if the dealer is found to lack good character, has violated the chapter, obtained the license through fraud, or is operating in a manner detrimental to public health or safety.

Sources & Official References

Other rules in Smithtown

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