[HISTORY: Adopted by the Annual Town Meeting of the Town
of Yarmouth 4-4-2011 by
Art. 40,[1] approved 7-21-2011. Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 94, Junk Dealers, adopted 4-7-1981 ATM by Art. 21 (which chapter was derived from Section 4.13 of the Town of Yarmouth Bylaws and originally adopted in 1915), approved 8-4-1981, as amended. The provisions of this article were originally adopted as §§ 502-1 through 502-14, but were redesignated as §§ 94-1 through 94-14 to maintain the organizational structure of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Either:
A current driver's license which includes the date of birth,
photograph, and physical description of the person offering the identification;
or
Two other pieces of current identification, at least one of
which is issued by a governmental agency or subdivision and which
includes the date of birth, photograph and physical description of
the person offering the identification.
The Chief of Police of the Town of Yarmouth or her or his
designee.
The following used property:
Precious metals, including but not limited to any metal valued
for its character, rarity, beauty or quality, including gold, silver,
copper, platinum or other metals, whether as a separate item or in
combination with other items.
Precious gems, including but not limited to any gem valued for
its character, rarity, beauty or quality, including diamonds, rubies,
emeralds, sapphires or pearls, or other precious or semiprecious gems
or stones, whether as a separate item or in combination with other
items or as a piece of jewelry.
Watches and jewelry containing precious metals or precious gems,
including but not limited to rings, necklaces, pendants, earrings,
brooches, chains, pocket watches, wristwatches, or stopwatches.
Sterling silver items, including but not limited to flatware,
candlesticks, coffee and tea sets, ornamental objects, or bars.
Coins and currency bought or sold at a price greater than its
face value.
Electronic devices which receive, transmit, or reproduce information,
or audio or visual representations, or which compute or process information,
including but not limited to televisions, radios, computers, cell
phones, I Phones, I Pads, Blackberrys, MP3 players, GPS devices, electronic
games and all similar electronic devices.
Tools of any kind, excluding antique tools.
Musical instruments, including electronic devices used in conjunction
with musical instruments, excluding antique musical instruments.
Any person or other business entity which is a "junk collector"
or "collector" of "old metals or secondhand articles" as defined by
MGL c. 140, §§ 54 and 56, which does not have a place
of business licensed under this chapter within the Town of Yarmouth
and which purchases, sells, or barters regulated property, or solicits
the purchase, sale, or barter of regulated property within the Town
of Yarmouth. Persons who collect regulated property for personal use
or enjoyment and who are not engaged in business with respect to regulated
property shall not be considered secondhand collectors under this
chapter.
Any person or other business entity which is a "junk dealer"
or "keeper of a shop for the purchase, sale or barter of junk, old
metals or secondhand articles" as defined by MGL c. 140, § 54,
and which purchases or sells regulated property and maintains a place
of business within the Town of Yarmouth.
An individual or the principals of partnerships or other corporate entities who by reputation and business experience are deemed to be trustworthy and compliant with the requirements of § 94-2. The licensing authority shall consider, in making such determination, any criminal history, including pending cases, compliance with state and local regulations, complaints filed with the Better Business Bureau and any history of violations of the consumer protection laws.
Any violation committed with the intent to conceal or misrepresent
any transaction or property regulated by this chapter; to conceal
or misrepresent the identity of any person involved in a transaction
regulated by this chapter; or to obstruct, mislead, impede or delay
the Police Chief or his designee in the performance of his/her responsibilities
under this chapter.
A.
Secondhand dealers and secondhand collectors must obtain a license
to conduct business within the Town of Yarmouth.
B.
The Board of Selectmen of the Town of Yarmouth may, after notice
and a public hearing, deny an original or renewal application for
a secondhand dealer or secondhand collector license or suspend or
revoke a previously issued license if it has probable cause to believe
any of the following conditions exist after a public hearing:
(1)
The applicant, or any § 54[1] who has owned or operated a secondhand dealer or secondhand
collector business under this regulation or any substantially similar
regulation and, within the five years prior to the application date,
has had a secondhand dealer or secondhand collector license revoked
for a reason that would be grounds for a denial or revocation pursuant
to this chapter.
[1]
Editor's Note: See MGL c. 140, § 54.
(2)
The secondhand dealer or secondhand collector business has been found
to constitute a public nuisance.
(3)
The licensee, applicant, or any person who, in part or whole, owns,
manages or operates the secondhand dealer or secondhand collector
business has been convicted of a felony or any crime involving a false
statement within 15 years prior to the application date or hearing
date.
(5)
A lawful inspection of the secondhand dealer or secondhand collector
business records or premises by the Police Chief or his designee has
been unjustifiably refused by a person who, in part or whole, manages
or operates the business.
(6)
The secondhand dealer or secondhand collector, the applicant, or
any person who, in part or whole, owns, manages, or operates the secondhand
dealer or secondhand collector business commits or has committed:
(a)
Three or more violations of this chapter or any state or federal
law, or the regulations of any other town or political subdivision
with substantially equivalent provisions; or
(b)
One or more willful violation(s) of this chapter or any state
or federal law or the regulations of another town or political subdivision
with substantially equivalent provisions.
(7)
The secondhand dealer or secondhand collector, the applicant, or
any person who, in part or whole, owns, manages, or operates the secondhand
dealer or secondhand collector business has been or subsequently is
convicted of any law of the Commonwealth of Massachusetts that is
inconsistent with lawful operation of the type of secondhand business
to be conducted, including but not limited to receiving stolen property,
any form of breaking and entering, larceny or any crime of which larceny
is an element, or any form of aggravated assault.
(8)
Such other grounds as the Board of Selectmen determines to be in
the public interest or in violation of the conditions of the license
or any law or regulation of the commonwealth or the Town of Yarmouth.
C.
Subject to the provisions of the Massachusetts Criminal Records Offender
Statute, MGL c. 6, § 167 et seq., as amended, and regulations
promulgated thereunder, the Board of Selectmen shall conduct a criminal
records check of each applicant for an original license under this
chapter, and may conduct a criminal records check on an applicant
for a renewal license or on any licensee or person who, in part or
whole, owns, manages or operates a previously existing secondhand
dealer or secondhand collector business.
A.
All records
and photographs required by this chapter or any other law of the commonwealth
shall be open to inspection by the Chief of Police or his/her designee,
or any other person authorized by law, during the secondhand dealer
or secondhand collector's regular business hours or at any other time
when said establishment is open for business. Records shall include
photographs required by this bylaw.
B.
The premises of any secondhand dealer or secondhand collector, and
all regulated property located therein, shall be open to inspection
by the Chief of Police or his/her designee, or any other person authorized
by law, during the Secondhand dealer or secondhand collector's regular
business hours or at any other time when said establishment is open
for business.
C.
At any time when the Police Chief or his designee has reasonable
grounds to believe it is more likely than not that a specific item
of regulated property held by a secondhand dealer or secondhand collector
is associated with criminal conduct, the Police Chief or his designee
may enter the premises of the secondhand dealer or secondhand collector
at any reasonable time, provided that the premises is occupied at
the time of entry and the Police Chief or his designee presents proper
official identification at or near the time of entry. If entry is
refused, the Police Chief or his designee shall have recourse to every
remedy provided by law to secure entry, including an administrative
search warrant or a criminal search warrant.
D.
Authority to inspect secondhand dealer or secondhand collector premises
under this regulation is in addition to and not in limitation of the
authority the Town or the Police Chief or any police officer would
otherwise have to enter the business premises.
A.
The Police Chief or his designee shall design a purchase report form
and make copies available to all secondhand dealers or secondhand
collectors. Secondhand dealers or secondhand collectors shall utilize
these forms, or any other substantially similar form approved by the
Police Chief, to record purchases of regulated property. The form
may require any information reasonably calculated to help the Police
Chief identify the purchaser, the seller or the property associated
with the purchase of regulated property.
B.
Whenever a secondhand dealer or secondhand collector purchases regulated
property, the secondhand dealer or secondhand collector shall obtain
acceptable identification from the seller along with the seller's
current residence address, a photocopy of which shall be attached
to the form. The secondhand dealer or secondhand collector shall fill
out a purchase report form in all relevant aspects at the time of
the purchase. A purchase report form as required to be filled out
by this section shall be filled out in ink and in legible English.
The seller shall sign his or her name on the filled-out form.
C.
A digital photograph will be taken of each item purchased as defined under "regulated property" in § 94-1. The photographs may be stored electronically, but are subject to the same recordkeeping requirements as listed in § 94-4 and 94-8. Copies of the photographs are subject to inspection by the Police Chief or his designee in the same manner as other records.
D.
The licensee shall cause to be delivered to the Yarmouth Police Department,
on a weekly basis, a copy of all transactions recorded on the form
provided, and all required photographs. Photographs shall be delivered
on digital media. Forms and photographs for transactions during a
calendar week shall be provided the following Monday or such other
day as the Chief of Police or his designee shall specify in writing.
If during the preceding week such secondhand dealer or secondhand
collector has taken no articles in, he/she shall make out and deliver
to the Police Department a report of such fact.
E.
Each secondhand dealer or secondhand collector shall record each
transaction in a bound book with consecutively numbered pages, of
a size and style approved by the Chief of Police or his designee.
All entries shall be in ink, legible, and in English. Each entry shall
be assigned a number which shall be attached to the item and indicated
on the purchase report form. Book entries shall be made contemporaneously
with each purchase. The transaction books shall be kept as long as
the Secondhand dealer or secondhand collector is engaged in business
in the Town of Yarmouth and a minimum of three years thereafter.
A.
All licenses shall be conspicuously posted in an accessible place
on the licensed premises, available at all times to the proper authorities.
B.
A secondhand dealer shall post the following notice, no smaller than
8 1/2 inches by 11 inches with lettering no smaller than 1/2
of an inch in height, outside each point of entry intended for patron
use and at or near each place where a secondhand dealer purchases
regulated property in the course of business. If a significant number
of the patrons of the secondhand dealer use a language other than
English as a primary language, the notice shall be worded in both
English and the primary language or languages of the patrons.
|
NOTICE
PHOTO IDENTIFICATION REQUIRED FOR ALL SALES
ALL SALES REPORTED TO POLICE
POSSESSION OF STOLEN PROPERTY IS A CRIME PUNISHABLE BY IMPRISONMENT
IN
THE STATE PRISON OR BARNSTABLE HOUSE OF CORRECTION
SALE OR ATTEMPTED SALE OF PROPERTY WITHOUT THE CONSENT OF THE
OWNER IS
ALSO PUNISHABLE BY A FINE OF $300 PER ITEM
|
A.
A secondhand dealer or secondhand collector shall not make any cash
purchase in an amount that exceeds $50.
B.
A secondhand dealer shall not carry on the business of buying or
selling regulated property except at the premises designated in the
secondhand dealer license. This subsection shall not apply to dealers
in antiques who acquire regulated property incidentally with nonregulated
property at the home of the owner of the regulated property.
C.
A secondhand dealer or secondhand collector shall not purchase any
property whose serial number or other identifiable marking has been
wholly or partially tampered with or removed.
D.
A secondhand dealer or secondhand collector shall not purchase regulated
property from any person under the age of 18.
A.
No secondhand dealer or secondhand collector or any other person
may purchase or sell any property of any type without the consent
of the owner of such property.
A.
A copy of every purchase report form, transaction book and photograph
required by this chapter shall be kept on the premises of the secondhand
dealer or secondhand collector business during normal business hours
for at least three years from the date of purchase. The purchase report,
transaction book, and photograph shall be subject to inspection by
the Police Chief or his designee.
B.
All regulated property purchased by a secondhand dealer or secondhand
collector shall be held by said secondhand dealer or secondhand collector
for at least 21 days from the date of purchase.
C.
The secondhand dealer or secondhand collector shall maintain the
property in substantially the same form as when purchased and shall
not alter, exchange, or commingle the property. During the holding
period the regulated property shall be kept on the business premises
during normal business hours and shall be subject to inspection by
the Police Chief or his designee.
D.
The Police Chief or his designee may give written notice to a secondhand dealer or secondhand collector holding regulated property that the Police Chief or his designee has reasonable grounds to believe that more likely than not a specific item or items of regulated property is associated with criminal conduct. The secondhand dealer or secondhand collector holding the regulated property shall then continue to hold the specified items in the notice in the same manner and place as required under Subsections B and C of this section until released by the Police Chief.
E.
The holding period for any item of regulated property shall not exceed
180 days from the date of purchase.
F.
Secondhand collectors shall provide the licensing authority and Police
Chief with the address where the required records will be maintained
and where the regulated property will be stored during the holding
period.
G.
A secondhand dealer or secondhand collector may from time to time
request, in writing, that the Police Chief shorten the length of the
holding period for a specific item or items of regulated property.
The request shall identify the property and state the basis or bases
of the hardship. If the Police Chief or his designee determines that:
1) relief from the holding period is appropriate due to circumstances
which involve a particular hardship; and 2) the purpose and intent
of this chapter can be accomplished under such circumstances with
a shorter holding period, the Police Chief or his designee shall provide
the secondhand dealer or secondhand collector who requested relief
with written authorization to sell, transfer or otherwise dispose
of the regulated property. The authorization shall be effective only
upon delivery of the written authorization to the secondhand dealer
or secondhand collector.
All weighing or measuring devices used by a licensee in the
conduct of the licensed business shall be tested and sealed by the
Yarmouth Weights and Measures Department or designee prior to being
placed in service.
A.
Violation of any provision of this chapter may be prosecuted as a criminal matter or as an administrative procedure or by the method provided in § 21D of Chapter 40 of the General Laws. Each violation shall be considered separately.
B.
Whoever violates the provisions of this chapter shall be fined not more than $300. The Board of Selectmen may suspend, revoke or modify any license issued by it as provided by this chapter or as otherwise provided by law. Any violation of this chapter may be enforced by the methods provided in § 21D of Chapter 40 of the General Laws or as otherwise provided by law.
This chapter shall not apply to:
A.
Auctioneers licensed pursuant to MGL c. 100, or to property sold
by such auctioneers, provided that:
(1)
The auctioneer keeps and sells such property at its licensed place
of business; and,
(2)
At least 10 days prior to the auction sale, the auctioneer publishes,
by paper or electronic media available to the public, a catalogue
of items to be sold and provides a copy said catalogue to the Police
Chief or his designee upon request.
B.
Thrift shops operated by charitable or religious organizations which
accept donated property, or to the property sold by such thrift shops.
C.
Persons holding licensed yard sales and property sold at licensed
yard sales.
This chapter shall not be construed or interpreted to authorize
the licensing of pawnshops pursuant to MGL c. 140, § 70.
Secondhand dealers and secondhand collectors accepting regulated property for sale on consignment are exempt from the requirements of §§ 94-4 and 94-8 of this chapter with respect to consigned items, provided that:
A.
The secondhand dealer or secondhand collector accepting regulated
property on consignment obtains acceptable identification from the
consignor along with the seller's current residence address, a photocopy
of which shall be retained.
B.
The secondhand dealer or secondhand collector accepting regulated property on consignment records the consignment in the transaction book in accordance with § 94-4E of this chapter, clearly designating the entry as a consignment transaction.
C.
The sale proceeds from consigned property are held for a minimum
of 30 days after sale before disbursement to the consignor.
Each provision of this chapter shall be construed as separate.
If any part of this chapter shall be held invalid for any reason,
the remainder shall continue in full force and effect.
