City of Waltham, MA
Middlesex County
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Table of Contents
Table of Contents
[Gen. Ords. 1962, § 9-13; Ord. No. 25017A, § 1, 10-26-1981; Ord. No. 25048, 12-28-1981; Ord. No. 26912, 5-14-1990; Ord. No. 27553, 6-28-1993]
(a) 
No person shall carry on the business of purchasing and/or selling and/or bartering of secondhand merchandise of any description, including, but not limited to, certain secondhand precious metals, such as silver, gold, copper and platinum, but not including junk, as defined in Section 8-51, without first having received a license from the City Council to do so. A person desiring such license or renewal of such license shall pay an application fee of $100 to the City Clerk. Within 10 days after receipt of said application, the City Clerk shall forward said application to the Chief of Police. The Chief of Police shall conduct an investigation into the suitability of the applicant to possess such license and report his approval or disapproval to the City Council within 20 days of his receipt of the application. The City Council may, after application has been made to the City Clerk and after receipt of the report of the Chief of Police, grant a license to the applicant for the purpose herein stated.
[Added Ord. No. 33618, 12-27-2016]
(b) 
Applications for new licenses under this article may be made at any time. All licenses issued shall expire annually on the first day of May except that licenses may be issued in April to be valid for 12 months beginning the next succeeding first day of May. Application for renewal of such license shall be submitted to the office of the City Clerk no later that March 1 of each year. Within 10 days thereafter, the City Clerk shall forward said application to the Chief of Police for his approval or disapproval. The Chief of Police shall report his approval or disapproval to the City Council within 20 days of his receipt of the application.
(c) 
Any person whose license has expired and has not been reissued shall be liable to prosecution for engaging in any business for which the license is required. If a licensee fails to use the license for a period of 30 days in succession, the Chief of Police or his designee shall investigate the circumstances and report the matter to the City Council.
(d) 
Any such license issued shall not be valid to protect the holders thereof in any building or place other than that designated in the license.
(e) 
No such licensees shall have their premises open for the transaction of business, nor shall they purchase or barter any secondhand articles, except between the hours of 9:00 a.m. and 9:00 p.m. of any day of the week except Sundays and holidays. Business hours for Sundays and holidays shall be consistent with the hours allowed by Massachusetts General Laws.
(f) 
Every licensee shall conspicuously display the license and conspicuously post on the premises a copy of Article VIII of the General Ordinances of the City of Waltham relating to dealers in secondhand articles.
[Ord. No. 25017A, § 2, 10-26-1981; Ord. No. 27553, 6-28-1993]
(a) 
Any person so licensed who engages in the business of purchasing and/or selling and/or bartering secondhand articles of any description, at the licensed location, shall be required to keep, in a book, a written record of all purchases or acts of barter at the time they occur. Said record shall include:
(1) 
The name and address of the purchaser's business.
(2) 
The date and time of transaction.
(3) 
A complete and accurate description. including all distinguishing or identifying marks and/or numbers, of every article received by the licensee.
[Ord. No. 33618, 12-27-2016]
(4) 
The name of the seller (printed and written legibly).
(5) 
The address and telephone number of the seller (printed and written legibly).
[Ord. No. 33618, 12-27-2016]
(6) 
The date of birth of the seller.
(7) 
The social security number or driver's license number of the seller.
(8) 
The price, if any, of such article.
(9) 
The assigned identification number as required by provisions of this section.
(10) 
The form of identification produced, as required by the provisions of this section.
(b) 
A required record of any transaction shall be legibly written in English and kept in a book of a size and style approved by the Chief of Police. No entries shall be erased, obliterated, defaced or altered.
(c) 
Every licensee shall require positive identification from any person selling, trading or bartering any article. The licensee shall copy and record, in the book required to be kept for that purpose, the type of identification presented by and the date of birth of any person so selling, trading or bartering any article. Positive identification means only a government-issued document with the person's name and photograph. The licensee shall photograph or make a color copy of any identification provided by any person bartering any article(s). The photograph or copy of the identification and the photograph(s) of the article(s) shall be kept with the book required by this section as part of the licensee's records.
[Ord. No. 33618, 12-27-2016]
(d) 
Every licensee shall require a person from whom a purchase, etc., is made to legibly sign his or her name, address and date of birth in the book. In the event such person is unable to write, the licensee shall fill in the required information, together with a written notation stating that such person was unable to do so.
(e) 
No such licensee shall directly or indirectly purchase or receive by way of barter or exchange any junk, old metals or secondhand articles from a minor or apprentice knowing or having reason to believe him/her to be such.
(f) 
Every licensee shall, at the time of making any purchase, etc., attach an identification number to each article so obtained and shall enter said identification number in the book as required in this section.
(g) 
No articles or goods purchased or received by any licensee under the provisions of ARTICLE VIII shall be sold, or altered in appearance, form or substance, until a period of at least 30 days has elapsed from the date of its purchase or receipt, except that individual articles of clothing, fashion accessories, or sporting goods with a resale value of less than $200 need only be held for three business days. All articles exchanged, purchased or received must be made available to the Waltham Police Department upon request within 24 hours of such request, and the Police Department may investigate to determine if any article is, or may be, stolen property. For the purpose of this section, the term "fashion accessories" shall mean an item used to contribute, in a secondary manner, to the wearer's outfit, such as costume jewelry, handbags, and shoes. For the purpose of this section the term "sporting goods" shall mean clothing or equipment customarily used in sports and outdoor recreational activities.
[Ord. No. 33618, 12-27-2016]
(h) 
The purchase, sale or barter of books, prints, coins or postage stamps shall not be deemed to be the purchase, sale or barter of secondhand articles within the meaning of Sections 54 and 55 of Chapter 140 of the Massachusetts General Laws.
(i) 
Individual articles of clothing, fashion accessories, or sporting goods with a resale value of less than $200 shall not be subject to the reporting requirements of this section.
[Ord. No. 33618, 12-27-2016]
[Ord. No. 25017A, § 2, 10-26-1981; Ord. No. 27553, 6-28-1993]
(a) 
Record.
(1) 
Every such licensee shall deliver to the Chief of Police on the first business day of the week, before the hour of noon, a complete and legible record of all articles purchased or bartered during the preceding business week. The record shall contain the following information:
a. 
A photograph and a complete and accurate written description, including all distinguishing marks and numbers, of each article purchased or received.
[Ord. No. 33618, 12-27-2016]
b. 
The date and time of the transaction.
c. 
The name, address, date of birth, social security number or driver's license number of the seller.
d. 
The price paid for the article.
e. 
The respective identification number, as required by the provisions of Section 8-117.
f. 
The form of identification produced by the seller, as required by the provisions of Section 8-117.
(2) 
All records and reports required under ARTICLE VIII shall also be kept in an electronic format and submitted to the Waltham Police and/or the New England State Police Information Network (NESPIN) in a format, style, and manner as approved by the Chief of Police.
[Ord. No. 33618, 12-27-2016]
(b) 
The Chief of Police or his designee may, during business hours, enter upon any premises used by the licensee for the conduct of his business to ascertain how such person conducts business. Said officer may examine any or all articles taken in trade, kept or stored in or upon said premises. All books and inventories shall be exhibited to any such officer, whenever a demand for such exhibition shall be made.
(c) 
Persons violating any provisions of Section 8-116 or 8-117 shall be punished by a fine of not more than $300 and/or revocation of said license by the City Council, after hearing, if it appears that the licensee is not complying with this general ordinance.
(d) 
It shall be the duty of the Chief of Police to report any violation of this article to the City Council.