[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth 6-4-2013 (§ 61.5 of the 2011
General By-Laws). Amendments noted where applicable.]
This chapter is promulgated in accordance with Massachusetts
General Laws, Chapter 140, Sections 54 through 56, relative to the
collecting, dealing, purchasing, selling and bartering of junk, old
metals and secondhand articles.
A.
The terms "junk", "old metals" and "secondhand articles" shall be
referred herein collectively as "used goods", shall be interpreted
as expansively as possible in the enforcement of this chapter, and
therefore shall include without limitation, unless otherwise precluded
by law, any jewelry, precious metals, precious stones and electronic
equipment, media and software that were previously purchased by a
consumer, whether at retail or wholesale, regardless of whether such
items are in "new" or "mint" condition or have been removed from their
original packaging.
B.
The term "person" shall include, without limitation, individuals,
corporations, partnerships, societies, associations, trusts and any
other entity that has the ability to act under the law.
C.
The term "precious metals" shall include any precious metal, including,
without limitation, gold, silver and platinum, without regard to the
form or amount of the same.
D.
The term "precious stones" shall include any precious stone, including,
without limitation, diamonds, rubies, sapphires and emeralds, regardless
of the size, cut or quality of said stones.
E.
Any terms that have not been defined specifically herein shall have
their normal English meanings unless the context indicates otherwise.
A.
No person shall collect, by going from place to place within the
Town, and whether by purchase, barter or otherwise, used goods, unless
that persons holds a license to do so that has been granted by the
Select Board ("collector's license"). A collector's license
does not entitle the holder of the same to sell or barter away used
goods. Furthermore, a collector's license does not entitle the
holder of the same to collect the following used goods: jewelry, precious
metals and precious stones. A collector's license shall not be
required for either:
(1)
A non-profit organization that collects, upon request, used goods
for charitable purposes, and that is properly registered under federal
law and the laws of the Commonwealth of Massachusetts; or
(2)
A junk removal company that hauls away used goods by contract for
their disposal at a refuse or recycling facility, and that is licensed
to do so pursuant to Massachusetts General Laws, Chapter 111, Sections
31A and 31B.
B.
No person shall be a dealer in, or the keeper of a shop that engages
in the purchase, sale or barter of, used goods, unless that person
holds a license to do so that has been granted by the Select Board
("dealer's license"). A dealer's license does not entitle
the holder of the same to go from place to place within the Town in
order to obtain used goods. In order to be granted a dealer's
license, the applicant must demonstrate, whether by lease or ownership,
the existence of a geographically fixed storefront location at which
the dealing, purchase, sale or barter of used goods will occur, and
any dealer's license that is issued shall be for such specific
location only. Multiple storefront locations shall require separately
issued dealer's licenses for each location. Any such lease must
be valid through at least the conclusion of the term of the requested
license.
C.
The same person may obtain both a collector's license and a
dealer's license. No license that is issued pursuant to this chapter
may be transferred to another person or location without the approval
of the Select Board. All such licenses shall apply to any agents and
employees of the license holder, and shall be subject to Massachusetts
General Laws, Chapter 140, Sections 202 through 205, inclusive. The
Select Board may attach such conditions as it deems to be proper to
any license that is issued pursuant to this chapter. No such license
may be issued to any person who is currently known to be under investigation
by any law enforcement agency that has jurisdiction within the Town.
D.
Every transaction of a used good that this is subject to this chapter,
and that transpires either without the necessary license as required
by this section, or in violation of the terms, conditions, limitations
or restrictions of any such license, shall be subject to a fine of
$20.
A.
Every person whose business activities are subject to this chapter
shall adhere, and shall ensure that his agents and employees adhere,
to the following record-keeping requirements with respect to every
transaction, whether purchase, barter or otherwise, in which used
goods are obtained from an individual:
(1)
All such records shall be in the English language.
(2)
All such records shall be computerized. The format of the computer
record-keeping system shall be approved in advance by the Chief of
Police. A preapproved system may be used, or a different system may
be submitted to the Chief of Police for review.
(3)
The record for each transaction shall include the name, address and
date of birth of the individual selling or bartering the used good.
This identifying information shall be obtained through any government
issued identification card, including a driver's license that
contains both a picture of the individual and that information. A
photocopy of this identification card shall be included with the records.
An individual shall be required to present such an identification
card each time that said individual sells or barters used goods.
(4)
The record for each transaction shall accurately describe the used
good that has been bartered or sold by the individual. Such description
shall include, without limitation, all distinguishing marks, stickers,
brand or model names or numbers, serial numbers, etchings, engravings
and inscriptions, as well as a general description of the nature of
the item. For any type of media or software, the artist and/or title
also shall be described in the record.
(5)
The record for each transaction shall include the date on which the
transaction occurred, and the price for which the used good was purchased
from the individual, or the item or merchandise that was bartered
to said individual for the same.
(6)
The record for each transaction shall include a detailed physical
description of the selling or bartering individual, as well as a color
photograph of the same. Each such photograph shall be taken when the
individual is facing the camera, and shall be clear and of such quality
that the individual can be clearly identified. Sunglasses and nonreligious
scarves, hats or other headgear may not be worn for such photographs.
A new photograph shall be taken each time that a particular individual
sells or barters used goods.
(7)
The record for each transaction shall include a photograph of the
used good that is obtained from the selling or bartering individual.
Each such photograph shall be clear and of such quality that the used
good can be clearly identified. When more than one such item is obtained
during a single transaction, separate photographs should be taken
for each item.
(9)
The record for each transaction shall include a unique identifying
number that is assigned to the used good so obtained. Each such item
should be physically tagged with the corresponding identifying number
in the record.
(10)
All such records shall be maintained completely and accurately
for at least two years, unless a longer period of time is required
by law.
(11)
At the close of each business day, a complete and accurate copy of the records relating to all new transactions for that day, which adhere to all of the requirements of this section, shall be transmitted electronically to the Chief of Police, or his designee. Additionally, a hard copy of all such records shall be created at that time and retained in accordance with Subsection A(10).
(12)
All such records shall be made available to the Select Board,
the Town Manager and any law enforcement officer upon request.
B.
Every violation of this section shall be subject to a fine of $20,
with each day of a continuing violation being a separate violation.
Multiple violations may result from the improper record keeping practices
with respect to any particular used good.
A.
No person whose business activities are subject to this chapter,
nor any agent or employee of the same, shall obtain, whether by purchase,
barter or otherwise, any used good if it appears that said item has
had any serial numbers, etchings, engravings, inscriptions, or any
other identifying marks forged, altered, or obliterated.
B.
Every violation of this section shall be subject to a fine of $20.
A.
No person whose business activities are subject to this chapter,
nor any agent or employee of the same, shall obtain, whether by purchase,
barter or otherwise, any used good from any individual who has not
yet reached the age of 18.
B.
Every violation of this section shall be subject to a fine of $20.
A.
No person whose business activities are subject to this chapter,
nor any agent or employee of the same, shall sell, donate or barter
away any used good until more than 30 days have elapsed since it was
obtained by the same; further, no such person, nor any agent or employee
of the same, shall remove from the Town any used good until more than
30 days have elapsed since it was obtained by the same; further, no
such person, nor any agent or employee of the same, shall dispose
of, destroy, break down, or alter that appearance or composition of
any used good until more than 30 days have elapsed since it was obtained
by the same; provided, that the Chief of Police, or his designee,
may permit, in writing, the earlier disposal, destruction, alteration,
removal, sale, donation or barter of any such item.
B.
Every violation of this section shall be subject to a fine of $20,
with each day from the day of the original violation to the 30th day
under this section being a separate violation.
Any person whose business activities are subject to this chapter,
and any agent or employee of the same, shall make available for inspection,
upon request by any law enforcement officer, any used good that is
currently in their possession. Every violation of this section shall
be subject to a fine of $20, with each day of a continuing violation
being a separate violation.
In accordance with the provisions of Massachusetts General Laws,
Chapter 140, Section 54, the Select Board may make additional rules
and regulations for collector's licenses and dealer's licenses,
including with respect to the form of the application for such licenses,
and the fees that are payable to the Town with the submission of the
same. Every violation of each such rule or regulation shall be subject
to a fine of $20, with each day of a continuing violation being a
separate violation.
A.
No person shall permit, whether by short-term rental, long-term rental
or otherwise, their real property to be used by any other person,
or any agent or employee of the same, for business activities that
are subject to this chapter, unless that other person holds a valid
dealer's license to do so at that property.
B.
Each minute that any property is permitted to be used in violation
of this section shall be considered a separate offense, and shall
be subject to a tiered schedule of fines as follows:
The provisions of this chapter are severable, and should any
particular provision thereof be invalidated by a court of competent
jurisdiction, the remainder of this chapter shall continue in full
force and effect.
