[HISTORY: Adopted by the Town Council of the Town of Braintree 10-19-2010 by Ord. No. 10-012 (former Ch. 5.36 of the Town Bylaws, which derived from prior code Ch. 83). Amendments noted where applicable.]
Junk, secondhand and salvage dealers — See Ch. 5.560.
As used in this chapter, the following terms shall have the meanings indicated:
- PRECIOUS METALS
- Includes any precious metal, such as gold, silver or platinum, without regard to the form or amount of such precious metal.
No person shall collect, deal in or keep a shop for the purchase, sale or barter of precious metals in any building or place within the limits of the Town without a license from the Board of License Commissioners.
The Board of License Commissioners may, for a fee, license suitable persons to be dealers in and keepers of shops for the purchase, sale or barter of precious metals at such places within the Town as may be designated in such license, under such conditions and restrictions as are prescribed in this chapter, which shall be incorporated in every such license.
All precious metal dealer licenses shall expire annually on June 30. The license holders shall be responsible for submitting an application for license renewal with the applicable license fee to the Licensing Coordinator at least 30 days prior to June 30. Upon receipt of an application for renewal, the Board of License Commissioners shall consider the specific performance of the licensee in adhering to all ordinances and regulations of the Town for precious metal dealers during the prior 12 months.
No keeper of a shop licensed under this chapter shall, directly or indirectly, either purchase or receive by way of barter or exchange any of the articles from a person under the age of 21, as established by the required identification described in § 5.570.060 herein.
No article purchased or received shall be sold or altered in appearance, form or substance, which shall include any destructive testing of metals for appraisal purposes, until a period of at least 30 days from the date of its purchase or receipt has elapsed. All articles purchased or received must be made available to the Braintree Police Department upon request within 24 hours of such request, and the Police Department may, upon the request, deliver such item to the Board of License Commissioners for the purpose of assessing a violation of this chapter.
Every such licensee shall make out and deliver to the Police Chief or his/her designee, in a manner and time prescribed by the Police Chief, a legible and correct list containing an accurate description of all precious metal articles, including type of precious metal, gender of article, size, engraving, presence of gems or precious stones, and all other identifiable traits, purchased or received, and the respective numbers of such articles. The licensee shall also provide to the Police Chief or his/her designee a copy of a photographic identification of the person selling or conveying such article(s), which shall include such person's name, age, permanent address, and telephone number. The licensee shall also submit to the Police Chief or his/her designee a photograph of each article purchased or received.
Every keeper of a shop, licensed as provided in this chapter, shall keep a book in which shall be written, in English, at the time of every purchase, a description of precious metals so purchased or received, as required in § 5.570.060 of this chapter, the name, age, permanent address and telephone number of the person from whom purchased or received, and the day and hour when such purchase or receipt was made.
Every such shopkeeper shall, at the time of making any purchase or receipt, attach a number to each article bought or received and shall make entry of such number in the book. Such book shall, at all times, be open for the inspection of the Police Chief or any member of the Police Department.
Every keeper of a shop, as described in this chapter, shall put, in some suitable and conspicuous place in his shop, a sign having his name and occupation legibly described thereon in large letters. Such shop and all articles purchased or received therein may, at all times, be examined by the Police Chief or any member of the Police Department.
Whoever collects, deals in or barters precious metals without a license or, if licensed, in any place or manner other than that designated in his license, or after notice to him that his license has been revoked, or whoever violates this chapter or any rule, regulation or restriction contained in his license, shall be subject to a fine of not less than $50 nor more than $300, and each day of such violation shall constitute a separate offense.
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).