NY Gen Bus L § 392 (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 392 - Second-Hand Watches.

§ 392. Second-hand watches. 1. Definitions. As used in this section:A.  "Person"  shall  be  deemed  to  mean a person, firm, partnership,   association or corporation.B.  "Consumer"  shall  be  deemed  to  mean   an   individual,   firm,   partnership, association or corporation who buys for own use, or for the   use of another but not for resale.C.  A "second-hand" watch shall be deemed to mean: A watch which, as a   whole, the case thereof, or the movement thereof  has  been  sold  to  a   consumer;  provided, however, that a watch which has been so sold and is   thereafter returned, either through an exchange or for  credit,  to  the   same  person who sold such watch to the consumer, shall not be deemed to   be a second-hand watch for the purpose of this act if such person  keeps   a  written  or  printed record setting forth the name and address of the   consumer, the date of the sale to the consumer, the name of the watch or   its maker, and the serial numbers, if any, on the case and the  movement   of  the  watch, or other distinguishing numbers or identification marks,   the aforesaid record to be kept for at least three years from  the  date   of  the  sale  of  the  watch  and  to be open for inspection during all   business hours by the district attorney, or his representative,  of  the   county in which such person is engaged in business; orAny   watch   whose   case   or  movement,  serial  numbers  or  other   distinguishing  numbers  or  identification  marks  have  been   erased,   defaced, removed, altered or covered; orAny  watch,  the movement of which is more than five years old and has   been repaired, or  any  part  or  parts  of  the  watch,  including  the   movement,  have been replaced, whether in the vendor's hands or while in   the possession of another; and this provision shall apply whether or not   the watch has been returned, either through an exchange or for credit to   the same person who sold or disposed of said watch to  the  consumer  in   any manner.2.  Any  person, or agent or employee thereof, who sells a second-hand   watch, shall affix and keep affixed to the same a  tag  with  the  words   "second-hand"   legibly  written  or  printed  thereon  in  the  English   language.  For the purposes of this subdivision, "sell" shall be  deemed   to  include  offer  to  sell  or  exchange, expose for sale or exchange,   possess with intent to sell or exchange, and sell or exchange.3. Any person, or agent or employee thereof, who sells  a  second-hand   watch  shall  deliver  to the vendee a written invoice setting forth the   name and address of the vendor, the name and address of the vendee,  the   date  of  the  sale,  the name of the watch or its maker, and the serial   numbers, if any or other distinguishing numbers or identification  marks   on  its  case  and  movement.  In the event the serial numbers, or other   distinguishing  numbers  or  identification  marks  have  been   erased,   defaced,  removed,  altered  or  covered, this shall be set forth in the   invoice. A duplicate of the aforesaid invoice shall be kept on  file  by   the  vendor  of such second-hand watch for at least three years from the   date of the sale thereof and shall be  open  to  inspection  during  all   business  hours  by  the  district attorney or his representative of the   county in which the vendor is engaged in business.4. Any person advertising in any manner second-hand watches  for  sale   shall  state  clearly in such advertising that the watches so advertised   are second-hand watches.5. Any violation of this act shall constitute a misdemeanor and  shall   be  punishable  by  a fine of not more than five hundred dollars, or not   more than one hundred days in jail or both.