[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:
Either:
A current driver's license that 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 includes
the date of birth, photograph and physical description of the person
offering the identification.
The Gardner City Council.
The Chief of Police of the City of Gardner or her or his
designee.
Includes, but is not limited to, 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 or crystal flatware, including but not limited
to knives, forks, spoons, candlesticks, coffee and tea sets, or ornamental
objects or fine china.
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.
Any power tools or equipment.
Musical instruments.
Sporting equipment.
Machinery, in whole or taken in parts.
Collectibles, including art and antique objects, but excluding
books, prints, coins or postage stamps in accordance with MGL c. 140,
§ 55.
The same meaning as the term "junk collector" in MGL c. 140,
§ 56.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Forms.
(1)
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:
(a)
Name, date of birth and residence of the person with whom such
transaction was made;
(b)
The date and time when such transaction occurred;
(c)
The price paid for the article,
(d)
A description of the article, including type and approximate
weight and quantity;
(e)
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;
(f)
A written statement from the person offering the article stating
that he or she is in lawful possession of the article being offered;
and
(g)
A legible copy of a state-issued identification bearing the
photograph of the person with whom any transaction is made.
(2)
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.
(3)
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]
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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.
C.
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.
A.
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.
B.
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.
C.
Any violation of any provision of this chapter may result in the
revocation or suspension of the license by the licensing authority.
D.
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]
E.
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.
F.
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.
G.
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.
