Town of Ipswich, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Ipswich 1937: c. XVI, s. 10; amended 1973; 10-15-2013 STM, approved by Attorney General 12-4-2013 (Ch. XIV, § 2, of the 1973 Bylaws). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Criminal record background checks — See Ch. 127.
Penalties — See Ch. 300.
Revocation or suspension of licenses for nonpayment of taxes — See Ch. 315.
Noncriminal disposition of violations — See Ch. 325.

§ 134-1 License required.

No person shall carry on a business as a collector of, dealer in, or keeper of a shop for the purchase, sale or barter of junk, old metals, currency, coins, gold, silver, other precious and semi-precious metals, precious and semi-precious stones, jewelry, musical instruments, electronics, tools, paintings, rugs, art objects second hand articles, or antiques without first obtaining from the Board of Selectmen license therefor, which shall be renewable annually and shall be subject to such rules, regulations, or conditions as the Board may deem suitable and proper, consistent with the applicable provisions of the General Laws. (1937: c. XVI, ss. 1, 6)

§ 134-2 Operating requirements.

Every keeper of a shop and every dealer licensed, who operates within their licensed premises, under this chapter shall:
A. 
Keep a permanent record log in the English language detailing the date of transaction, name of customer, telephone number of customer, name of shop, description of items including make, model number, serial number, color, size, markings/engravings, and amount paid/loaned to customer.
B. 
Require the person selling such articles to provide one form of photo identification issued by a government agency. A photocopy of such identification shall be made and maintained with said log as part the shop keeper’s records.
C. 
Make and maintain a photograph of all items purchased and keep said photograph with said log as part of the shopkeeper’s records.
D. 
Digital photos of all purchased or pawned items, of a quality acceptable to the Police Department*, shall be accompanied by a form prescribed by the Police Department describing items in said photos and shall also contain an image of the government issued identification used in the transaction. *Acceptable quality: photos must be in focus, item must be identifiable, photo size no smaller than six inches by four inches (432 pixels x 324 pixels; file size 32 kilobytes) and no larger than 11 inches by seven inches (792 pixels x 527 pixels; file size 130 kilobytes), and a scale must be included in the photograph.
E. 
Submit to the Police Department on a weekly basis a spreadsheet prescribed by and available from the Police Department. Spreadsheet to include date of transaction, name of customer, telephone number of customer, name of shop, description of items including make, model number, serial number, color, size markings/engravings, amount paid/loaned to customer.

§ 134-3 Purchase from minors prohibited.

No keeper of a shop or dealer licensed under this chapter shall directly or indirectly purchase or receive by way of barter or exchange such goods, or allow such goods to be deposited upon or within his premises, shop or vehicle, by any minor, knowing or having reason to believe him/her to be such.

§ 134-4 Retention period.

No such item purchased or received, by any dealer or keeper of a shop licensed under this chapter, shall be removed from the Town of Ipswich or sold or otherwise disposed of, nor its identity changed, until at least 30 days from its date of purchase has elapsed, unless written permission is obtained from the Chief of Police or his designee, who may request to observe or photo such item. All items shall be held in the condition received, for the duration of the retention period.

§ 134-5 Location of place of business.

No keeper of a shop or dealer licensed under this chapter shall carry on his/her business in any other place than that designated in his/her license, unless consent to said removal is granted by the Board of Selectmen.

§ 134-6 Licensing of vehicles and receptacles.

No keeper of a shop or dealer licensed under this chapter shall use a vehicle or receptacle for the collection of merchandise, second hand items, or other materials unless said vehicle and receptacle is licensed with the board of Selectmen. Every such vehicle and receptacle shall bear conspicuously the owner’s name and the license number on the outside, and on each side. Said vehicles and receptacles shall be open for inspection at all times by the Chief of Police or any police officer for the Town of Ipswich or any other individual authorized by law to make such inspections.

§ 134-7 Inspection by police.

The shop and all items of merchandise referred to in this chapter, and any place, vehicle or receptacle used for the collection or keeping of such items may be examined at all times by the Chief of Police, or any police officer for the Town of Ipswich or by any person authorized by the Chief of Police to make such examinations.

§ 134-8 List of licensed businesses.

It shall be the duty of the Town Clerk to maintain a list of dealers and shop owners licensed under this chapter, and of the places where the business is carried on.

§ 134-9 Display of license.

Every keeper of a shop and dealer licensed under this chapter shall display his/her license in a conspicuous place in his/her place of business.

§ 134-10 Violations and penalties.

Failure to comply with any requirements of this bylaw shall result in a fine of $100 for a first offense, a fine of $200 for a second offense and a fine of $300 for any third and subsequent offense.

§ 134-11 Revocation of licenses.

Nothing in this chapter shall abrogate the right of the Board of Selectmen to revoke any license issued under this Chapter 134, at their pleasure, in accordance with this chapter and MGL c. 140, §§ 54; 55; 202 and 205.