The owner of Krackerjacks Inc. appeared in court yesterday on charges of selling second-hand clothing without a license. Donald "Jack" Levy, owner and manager of the Cambridge mod fashions store, won a postponement of the case until next Thursday.

"This license bit was brought into the open because of the buttons," Levy said yesterday. Cambridge police ordered Levy to remove what they termed "obscence" buttons from his Mass. Ave. store last February. He has still not complied with their order.

A plain-clothes Cambridge detective entered the store on April 13, Levy said, and priced several second-hand items -- but left without making a purchase. "They don't have a case," he said. "My lawyer says they've got to have evidence that we actually sold second-hand clothing before they can bring charges."

Levy appeared at a formal hearing several weeks ago before the Cambridge police chief, fire chief, and commissioner of licenses to obtain official permission to sell second-hand clothing. The group sent Levy a letter telling that the Krackerjack store lacked proper electrical wiring and a rear exit. He replied that the building had already passed a city inspection, but spent $300 on additional electrical repairs anyway.

An official in the Cambridge department of building inspection, who asked to remain anonymous, expressed surprise at the summons issued to Levy Wednesday. "The last time I recall anyone being hauled into court on such a charge was 20 years ago," he said. "A man is presumed to know the law, but we usually give him every break."

Doughboy Dough

Levy, who claims that 30 to 40 per cent of his sales are used clothing -- mostly army surplus doughboy jackets -- said that his store cannot remain in business if he does not get a second-hand clothing license. Cambridge officials will inspect the Krackerjack building again today.

"We're not going to stop selling the buttons," Levy said. "We keep getting new batches all the time." The latest shipment includes "Let's Get Naked and Smoke," "Acid Indigestion -- Check Your Source," and an over-sized one which proclaims "Support Your Local Police-Bribe a Cop Today."