[HISTORY: Adopted by the Board of Aldermen of the City of Melrose as indicated in article histories. Amendments noted where applicable.]
[Adopted as Rev. Ords. 1976, §§ 10-1 to 10-7 (Rev. Ords. 1989, §§ 9-101 to 9-107)]
[Amended 5-20-2002 by Ord. No. 02-303]
The City Council may, upon petition, license suitable persons to be dealers in or keepers of shops for the purchase, sale and barter of junk, old metals or secondhand articles, at such places as may be designated in such licenses, and also junk collectors to collect by purchase or otherwise from place to place in the City junk, old metals and secondhand articles under the rules, regulations and restrictions hereinafter prescribed, which shall be expressed in every such license, provided that no such license shall be issued or in force unless all scales, weights and measures which are to be used by the applicant in his/her business under the license shall have been inspected, tested and sealed by the Sealer of Weights and Measures immediately before the issuance of the license.
Such licenses may be granted during the month of April to take effect on the first day in May next following. The fee for a license to be a dealer in, or keeper of a shop for, the purchase, sale and barter of junk, old metals or secondhand articles shall be $125, and the fee for a license to be a junk collector shall be $150.
Every keeper of any shop regulated by this article shall put in a suitable and conspicuous place on his/her shop a sign having his/her name and occupation legibly inscribed thereon in large letters, and no such keeper shall carry on his/her business in any place other than that designated in his/her license unless permission so to do is granted by the City Council.
[Amended 8-21-2017 by Ord. No. 2018-4]
Every junk collector, when engaged in collecting, transporting or dealing in junk, old metals or secondhand articles, shall wear and display on his/her outer garments or cap a metallic badge on which shall be legibly inscribed, in Arabic figures not less than one inch in height, the number of his/her license and, in Roman letters not less than 1/2 inch in height, the words "Licensed Junk Collector" and shall have the words "License Junk Collector, Melrose" in Roman letters not less than one inch in height and the number of his/her license in Arabic figures not less than two inches in height on each side of every vehicle used by him/her for the collection or transportation of junk, old metals or secondhand articles so as to be distinctly seen and read.
[Amended 4-21-1981 by Ord. No. 20920]
Every keeper of any shop regulated by this article shall at all times keep a record containing the name and address of each person from whom the shop purchased secondhand articles, the date of purchase and a brief description of the article purchased and shall, at all times, allow the Mayor and Council, the Chief of Police or any person by them respectively authorized thereto to examine such shop and all articles of merchandise therein, including the ledger containing the data pertaining to any such transaction, and every such keeper or junk collector shall allow the Mayor and Council, the Chief of Police or any person by them respectively authorized thereto to examine any vehicle or receptacle used by him/her for the collection or transportation, or any place used by him/her for the keeping or storage, of such articles.
No such dealer, keeper or junk collector shall directly or indirectly purchase or receive by way of barter or exchange any junk, old metals or secondhand articles from a minor, knowing or believing him/her to be such.
It shall be the duty of the City Clerk to keep a record of the name, residence and place of business of every person licensed under the provisions of this article, the particular purpose for which such license is granted and the name and residence of every person in the employ of each person so licensed.
State law reference — Similar provisions, MGL c. 140, § 202.
Whoever, not being so licensed, keeps any shop regulated by this article or is such dealer or junk collector in the City or being so licensed keeps such shop or is such dealer or junk collector in any place or manner other than that designated in his/her license or after notice to him/her that his/her license has been revoked shall forfeit $20 for each offense, and whoever violates any rule, regulation or restriction contained in his/her license shall forfeit not more than $20 for each offense.
State law reference — Similar provisions, MGL c. 140, § 55.
[Adopted 11-21-2011 by Ord. No. 12-59]
As used in this article, the following terms shall have the meanings indicated:
- Any person, partnership, corporation or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells secondhand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
- ITINERANT BUSINESS
- Any business conducted intermittently within the City of Melrose or at varying locations.
- Any person under the age of 18 years.
- PERMANENT-BASED BUSINESS
- Any business conducted on a year-round basis and housed in a single structure, such as a store or residence.
No person, corporation or other entity shall engage in the business of purchase, barter, sale, collection or storage of precious metals without a license issued by the City Council.
The fee for a precious metals dealer's license shall be $50 per year.
No such license shall be issued to:
A person who has been convicted of a felony or crime involving theft-related offenses within five years of issuance or renewal of the license.
A person who has had a license revoked for cause.
[Amended 8-21-2017 by Ord. No. 2018-4]
A person who, at the time of the application for renewal of any license issued hereunder, would not be eligible for such license under first application.
A copartnership, unless one of the members of such copartnership owning not less than 5% interest therein shall be qualified to obtain such a license.
A corporation if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock in such corporation, would not otherwise be eligible to receive a license hereunder for any reason.
A person whose place of business is conducted by a manager or agent, unless said manager or agent possesses the same qualifications required of the licensee.
A person who is not of good character and reputation in the community.
Licenses issued under the provisions of this article may be revoked by the Chief of Police, after a hearing, upon notice to the applicant, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry.
Any violation of this article.
Conviction of any crime or disorderly persons offense involving moral turpitude.
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
The licensee shall keep a daily written record book of all purchases and sales and make said record available to the Melrose Police Department upon request, which shall contain the following:
The date of the transaction;
The name of the person conducting the transaction;
The name and address of the customer; a description of the general appearance of the customer; and the number from the customer's valid driver's license, military ID card, alcoholic beverage card, or any other means of identification that contains birth date, sex, race and address;
An identification and description of the purchased goods or sold goods, including, if reasonably available, the serial, model or other number, and all identifying marks inscribed thereon. In addition, the dealer shall furnish any other identifying information that may be required on forms prescribed and furnished to the dealer by the Melrose Police Department;
The price paid;
The number of the check issued for the purchase price; and
The signature of the customer.
The licensee shall keep a list of purchases with a photocopy of a driver's license or other photographic identification of the seller as well as the date and time of the transaction; a copy of this list shall be furnished to the Melrose Police Department not less than once every two weeks.
The record of each purchase and sale transaction shall be maintained for a period of not less than two years.
No licensee shall purchase, receive, barter or exchange precious metals, gold, silver or platinum from anyone under 18 years of age.
In addition to the sanctions imposed pursuant to § 143-12 herein, the licensee may be fined $100 for each violation of the provisions of this article.