[HISTORY: Adopted by the City Council of the City of Gardner 9-7-2010 by Ord. No. 1518. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ACCEPTABLE IDENTIFICATION
- A. A current driver's license that includes the date of birth, photograph, and physical description of the person offering the identification; or
- B. Two other pieces of current identification, at least one of which is issued by a governmental agency or subdivision and includes the date of birth, photograph and physical description of the person offering the identification.
- LICENSING AUTHORITY
- The Gardner City Council.
- POLICE CHIEF
- The Chief of Police of the City of Gardner or her or his designee.
- REGULATED PROPERTY
- Includes, but is not limited to, the following used property:
- A. 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.
- B. 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.
- C. 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.
- D. Sterling silver or crystal flatware, including but not limited to knives, forks, spoons, candlesticks, coffee and tea sets, or ornamental objects or fine china.
- E. Any electronic audio, video or photographic and optical equipment, along with computer or computer equipment or recordings in any form, including but not limited to any video game system, software, or accompanying related item.
- F. Any power tools or equipment.
- G. Musical instruments.
- H. Sporting equipment.
- I. Machinery, in whole or taken in parts.
- J. Collectibles, including art and antique objects, but excluding books, prints, coins or postage stamps in accordance with MGL c. 140, § 55.
- SECONDHAND COLLECTOR
- The same meaning as the term "junk collector" in MGL c. 140, § 56.
- SECONDHAND DEALER
- The same meaning as the term "junk dealer" and "keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles" in MGL c. 140, § 54.
No person shall carry on the business of being a scrap metal processor or a collector of, dealer in or keeper of a shop for the purchase, sale or barter of regulated property or secondhand articles without a license issued by the licensing authority of the City of Gardner in accordance with MGL c. 140, § 54.
All applications for licenses under this section shall be made on a form or forms to be prescribed by the licensing authority or its designee and shall set forth the name of the licensee, the nature of the business and the building or place in the City in which it is to be carried on. The licensee shall immediately report to the licensing authority and to the Chief of Police any changes in the information listed in this subsection.
The fee for such license shall be as set forth in Article II of Chapter 390, Fees, of this Code. Societies, associations or corporations organized solely for religious or charitable purposes shall not be required to pay a fee for such license. No licenses shall be transferred without the prior consent of the licensing authority, and all licenses shall be posted on the licensed premises in a conspicuous place and manner.
Every license issued under this section shall expire on May 1 following the date of issue in accordance with MGL c. 140, § 203, unless sooner revoked.
Any person who carries on the business of being a scrap metal processor or collector of, dealer in or keeper of a shop for the purchase, sale or barter of regulated property or secondhand articles shall utilize forms, approved by the Chief of Police or his designee, to record each transaction and shall enter, at a minimum, the following information:
Name, date of birth and residence of the person with whom such transaction was made;
The date and time when such transaction occurred;
The price paid for the article,
A description of the article, including type and approximate weight and quantity;
The license plate number and state of issue of the vehicle being used by the person offering the article to transport the article to the licensee's place of business;
A written statement from the person offering the article stating that he or she is in lawful possession of the article being offered; and
A legible copy of a state-issued identification bearing the photograph of the person with whom any transaction is made.
All forms so required shall be kept on the licensed premises and be available for inspection by the Chief of Police or his designee whenever the business is operating and open. All records required under this section shall be retained by the licensee for a period of three years from the date of the transaction.
At the end of each business day, in a manner promulgated by the Chief of Police, all transactions recorded in the above-described manner shall be electronically delivered by the license holder to the Chief of Police or his or her designee.
[Added 12-3-2012 by Ord. No. 1556]
The Chief of Police or his designee may enter upon the licensed premises and examine all articles, books, forms or inventories kept or stored upon said premises by the licensee whenever the business is operating and open.
The Chief of Police may grant an exemption to any one or more of the requirements in Subsection E for a particular transaction. A request for an exemption must be made by the licensee in writing to the Chief of Police stating the reason for the request. The Chief of Police shall approve or disapprove the request and send written notification of the decision to the licensee. The Chief of Police, in his discretion, may impose any terms, conditions or restrictions on any exemption granted under this section.
A copy of every purchase report form filled out as 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 report form shall be subject to inspection by the Police Chief or his designee.
No person licensed under the provisions of this section shall purchase any article from any individual under the age of 18, knowing or having reasonable cause to believe that such person is a minor.
Any person who carries on the business of being a scrap metal processor or collector of, dealer in or keeper of a shop for the purchase, sale or barter of regulated property or secondhand articles without a license or in violation of any provisions of this section shall be assessed a fine in the amount of $300. Each day on which a violation exists shall constitute a separate offense.
Any license issued under this section may be revoked at the pleasure of the licensing authority in accordance with MGL c. 140, § 54, and is further subject to MGL c. 140, §§ 202 through 205, inclusive.
No person shall go about the City gathering, collecting or dealing in junk, secondhand articles, bottles, clothes or rags without first being licensed therefor by the licensing authority or its designee.
Every person so licensed shall wear in plain sight a badge bearing the number of his or her license in figures of not less than 1/2 inch in height.
All licenses issued under the provisions of this chapter shall be displayed by the vendor in a conspicuous place and manner at the sales site.
Any license issued under the provisions of this chapter may not be transferred or assigned to any other person or used by any person other than the person to whom it had been issued.
Any violation of any provision of this chapter may result in the revocation or suspension of the license by the licensing authority.
Grounds for denying an application for a license under this section or revocation or suspension of such license under this section may include, but are not limited to, making a false statement in the application; conviction of a felony or any crime involving a false statement within 15 years prior to the application date; conviction for violating any law of the Commonwealth of Massachusetts that is contrary to the type of secondhand business to be conducted, including but not limited to receiving stolen property, any form of breaking and entering, larceny from a person, or any other form of larceny, or any form of aggravated assault, as verified by a Criminal Offender Record Information (CORI) by the Police Chief or his designee; or any violation of the conditions of the license or any law or regulation of the commonwealth or the City of Gardner.
[Amended 11-18-2013 by Ord. No. 1563]
A licensee may make a written request for a hearing before the licensing authority upon denial of such application or upon notice of any such revocation or suspension, which hearing shall be held by the licensing authority within 15 days of receipt of the request. Any license issued pursuant to any section herein may be revoked at pleasure by the licensing authority in accordance with MGL c. 140, § 54.
All weighing or measuring devices used by a licensee in the conduct of the licensed business shall be tested and sealed by the Sealer of Weights and Measures of the City of Gardner prior to being placed in service.
Holding period. No article purchased or received as described in the categories of precious metals or precious gems and as further defined in Subsections A through E of the definition of "regulated property" in § 450-1 shall be sold or altered in appearance, form or substance until a period of at least 14 days from the date of its purchase or receipt has elapsed.