[HISTORY: Adopted by the Town Council of the Town of Smithfield 8-2-1955
(Ch. 12, Art. VIII, of the 1985 Code of Ordinances). Amendments noted where
applicable.]
GENERAL REFERENCES
General business licensing — See Ch. 236.
A.
No person shall engage in the business of selling, purchasing,
bartering and dealing in junk, old metal and any other secondhand articles
unless said person has been licensed to so operate by the Town Council.
B.
Any person who shall engage in said business without
such license, or in violation of any of the provisions of this chapter, upon
conviction shall be subject to a maximum fine of $200 or imprisonment not
exceeding six months.
Upon application duly made, a date for a public hearing will be set
by the Town Council. Notice of the time and place of such hearing shall be
posted seven to 14 days prior to the hearing in not less than two public places
in the Town, and shall be published in a newspaper of general circulation
within the Town at least once a week for three successive weeks prior to the
date of such hearing. The Town shall collect from the applicant the cost of
posting and publishing the notice. At the hearing, opportunity shall be given
all persons interested to be heard upon the matter of the said application
for license. All persons who are the owners or occupants of the land within
200 feet of the proposed site of carrying on of said business shall be given
personal notice of the time and place of said hearing.
The Town Council may grant a license under this chapter for a term not
exceeding one year, subject to such conditions and restrictions as the Town
Council may prescribe.
The fees for a license under this chapter shall be as follows:
A.
$25 for the keeper of a shop or storehouse for the reception
of any junk, old metals or other secondhand articles;
B.
$5 for any foundryman or other person receiving the same
for the purpose of melting the same or converting the same into castings;
and
C.
$5 for any gatherer of the same in any bag, wagon or
cart.
No license shall be granted under this chapter to the keeper of any
shop or storehouse for the reception of any junk, old metals or other secondhand
articles, in any location not lawfully occupied for such purpose at the time
of the application for such license, where the owners or occupants of the
greater part of the land within 200 feet of such building or place shall file
with the Town Council their objections in writing to the granting of such
license.
[Added 1-18-1956]
A.
The burden of and responsibility for furnishing names
and addresses of owners and occupants of land within 200 feet of the proposed
site for a license to deal in junk, old metals and other secondhand articles
shall be placed on the applicant for said license.
B.
The applicants for license to deal in junk, old metals
and other secondhand articles shall defray the expense of advertising and
sending notices to owners and occupants of land within 200 feet of proposed
licensed premises.
C.
All licenses to deal in junk, old metals and other secondhand
articles expire on March 15 of each year.
