[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]
A.
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.
B.
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.
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State law references — Junk and
junk dealers, MGL c. 140, §§ 54 to 56; license fees,
MGL c. 140, § 202; effective date of licenses, MGL c. 140,
§ 203.
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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[1]]
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.
Any business conducted intermittently within the City of
Melrose or at varying locations.
Any person under the age of 18 years.
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.
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.
B.
A person who has had a license revoked for cause.
[Amended 8-21-2017 by Ord. No. 2018-4]
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems and jewelry.
C.
Any violation of this article.
D.
Conviction of any crime or disorderly persons offense involving moral
turpitude.
E.
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.
A.
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:
(1)
The date of the transaction;
(2)
The name of the person conducting the transaction;
(3)
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;
(4)
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;
(5)
The price paid;
(6)
The number of the check issued for the purchase price; and
(7)
The signature of the customer.
B.
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.
C.
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.
