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

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

Key Facts

Annual license fee
$200, expires December 31
Permitting authority
Town Clerk of the Town of Tonawanda
Zoning restriction
General Industrial District only
Enclosure requirement
Solid fence/wall at least 6 feet high
Max penalty
$250 fine or 15 days jail, or both
Minimum seller age
Can't buy materials from under-16
Applies outside
Village of Kenmore excluded

Summary

Anyone who buys, sells, stores or deals in junk, secondhand materials or used goods in the Town of Tonawanda, outside the Village of Kenmore, needs a written permit from the Town Clerk before opening. Town Board Local Law adopted July 15, 1974 covers junk shops, scrap dealers and secondhand-materials buyers under Chapter 121. The annual license costs $200 and expires every December 31.

No person, firm or corporation shall engage in or carry on a retail or wholesale business of buying, selling, storing, collecting, distributing or dealing in any of the materials named in § 121-1 of this chapter, nor conduct what is commonly known as a "junk shop," without first procuring a written permit from the Town Clerk of the Town of Tonawanda or such other officer of said town as may be designated by the Town Board. ... The fee for the license required by this chapter is hereby fixed at the sum of $200 annually, and said license shall expire on the 31st day of December of each year.

Full Breakdown

Chapter 121, Junk, Sale of, adopted by the Town Board on July 15, 1974, defines 'junk, secondhand materials and used materials' broadly under § 121-1: junk of any kind, used or secondhand rags, paper, bottles, glassware, crockery, iron, brass, copper, clothing, furniture, used motor vehicles or parts, and any repaired, reconstructed or partly ruined merchandise. Under § 121-2, storage, sale, wrecking or dismantling of junk and salvage material is permitted only in the General Industrial District. Before doing business, § 121-3 requires a written verified application filed with the Town Clerk describing the business, the materials handled, and the exact address and ownership of the premises; a non-owner applicant must submit the owner's verified consent.

Existing licenses issued before the chapter took effect continue but renew under the new rules. Section 121-4 requires premises be kept clean and free of fire hazard and bars sorting or storing materials in any street or yard: everything must sit inside a building, a covered enclosure, or behind a solid fence or wall at least six feet high, built of new fire-resisting material, painted and set on the property line. Section 121-6 bars buying any listed material from anyone under 16 years old. Section 121-8 sets the license fee at $200 a year, expiring every December 31.

Section 121-9 lets the Town Board revoke or suspend a license at any time for failing to comply with the chapter or any related law. Section 121-5 exempts licensed new-or-used auto dealers who only occasionally take a trade-in for resale, but the exemption drops once a dealer wrecks or junks those vehicles. Under § 121-11, the chapter reaches everywhere in the town except the incorporated Village of Kenmore, which licenses separately.

Violations & Fines

Violating any provision of Chapter 121, including operating without a Town Clerk permit or storing junk outside a compliant enclosure, is punishable under § 121-10 by a fine up to $250 or up to 15 days' imprisonment, or both, with each day of continuing violation charged as a separate offense. Anyone who assists in a violation faces the same penalties. The Town Board may also revoke or suspend the license outright under § 121-9 for noncompliance.

Frequently Asked Questions

Do I need a permit to run a junk shop in the Town of Tonawanda?
Yes. Section 121-3 of the Town Code bars anyone from buying, selling, storing or dealing in junk or secondhand materials, or running a junk shop, without first getting a written permit from the Town Clerk. You must file a verified application describing the business, the materials handled and the exact business address, and provide the property owner's consent if you don't own the premises.
How much does the license cost and when does it expire?
The license fee is $200 per year under § 121-8, and every license expires on December 31 regardless of when it was issued, so dealers must renew annually with the Town Clerk to keep operating legally in the Town of Tonawanda.
Where in town can a junkyard or salvage business operate?
Section 121-2 confines storage, sale, wrecking, junking or dismantling of junk, vehicles and salvage material to the General Industrial District. Operating a junk business or storing junk materials outside that zoning district violates the chapter regardless of licensing status.
What happens if I violate the junk dealer ordinance?
Section 121-10 makes any violation punishable by a fine of up to $250 or up to 15 days in jail, or both, with each day of a continuing violation counted as a separate offense. The Town Board can also revoke or suspend your license under § 121-9 for failing to comply.

Sources & Official References

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