(a)
Powers of Board of Licensing Commissioners regarding licensing and
control of junk dealers.
1.
The Board of Licensing Commissioners may license suitable persons
to be dealers in and keepers of shops for the purchase, sale or barter
of junk, old metals or secondhand articles in the Town.
2.
The Board may also license suitable persons as junk collectors to
collect, by purchase or otherwise, junk, old metals and secondhand
articles from place to place in the Town.
3.
The Board may provide that such collectors shall display badges upon
their persons or upon their vehicle, or upon both, when engaged in
collecting junk, old metals or secondhand articles, and may prescribe
the design thereof.
4.
The Board may also provide that such shops and all articles of merchandise
therein, and any place, vehicle or receptacle used for the collecting
or keeping of the articles aforesaid, may be examined at all times
by the Board of Licensing Commissioners or by any person by it authorized
thereto.
(b)
Licensing and regulation of dealers in precious metals.
1.
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 Licensing
Commissioners.
2.
For the purpose of this subsection, the term "precious metals" shall
include any precious metal, such as gold, silver or platinum, without
regard to the form or amount of such precious metal or whether or
not such precious metal is an incidental or minor component of some
other article such as jewelry, bric-a-brac, statuary or the like.
3.
The Board of Licensing Commissioners may 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 licenses under such conditions and restrictions as are prescribed in this subsection, which shall be incorporated in every such license. The fee for granting such license shall be established by the Board of Licensing Commissioners in accordance with § 5-305.
4.
No dealer or keeper of a shop, as described in this subsection, shall
directly or indirectly make any purchase or receive by way of barter
or exchange from a minor knowing or having reason to believe him to
be such.
5.
No item described in this subsection, purchased or received, shall
be sold or altered in appearance, form or substance, or any other
means of disposing until a period of at least 30 days from the date
of its purchase, except when such period is waived by the Chief of
Police or his designee. For numismatic metals there will be a seven-day
hold period before they can be sold or altered in appearance.
6.
Every such licensee shall complete and electronically submit the
required audit sheet to the Chief of Police, or his designee, on a
daily basis, and on an approved form provided by the Police Department,
the following information: a legible and correct list containing an
accurate and complete description of all precious metals purchased
and the prices paid for said items during the preceding day.
Included with this information will be the following: name,
address, date of birth, license number and phone number from whom
purchased, along with what identification was presented. A Massachusetts
driver's license, Massachusetts identification card or a valid ID
from any other state is acceptable. A photocopy of said identification
shall be copied on the provided form. Additional information shall
be the time of day when purchased and the number of items purchased.
The licensee shall also supply a colored photograph of each purchased
item that is identifiable, unique or unusual. Also, any engraved writing
or printing on said goods shall be noted on the reporting form. The
licensee shall also supply a colored copy of said Massachusetts driver's
license, Massachusetts identification card or valid ID of the seller.
The required audit sheet shall be transmitted electronically to the
Chief of Police, or his designee, including all information, forms
and colored copies of said identification, using the format that is
approved by the Chief of Police.
7.
Every keeper of a shop licensed as provided in this subsection shall
put in some suitable and conspicuous place on his shop a sign having
his name and occupation legibly described thereon and shall keep a
book in which shall be written in English, at the time of every purchase,
a description of the precious metal so purchased, the name, age and
residence of the person from whom purchased and the day and hour when
such purchase was made. Such book and all articles purchased shall
at all times be available for the inspection of the Chief of Police
or his designee.
8.
Every dealer in precious metals shall have suitable scales approved
by the Town's Sealer of Weights and Measures. Said scales shall be
annually tested and sealed.
9.
No dealer or keeper of a shop, as described in this subsection, shall,
directly or indirectly, either purchase or receive by way of barter
or exchanging any of the articles of a minor, knowingly or having
reason to believe him/her to be such.
10.
Whoever, not being licensed as required by this subsection, deals
in, keeps a shop for the purchase, sale or barter of precious metals
or whoever, being licensed, is a dealer in any place or manner other
than that designated in his license or whoever, after notice to him
that his license has been revoked or whoever violates any rule, regulation
or restriction contained in his license shall be subject to a fine
of not less than $50 nor more than $200, and each day of such violation
shall constitute a separate offense.
