[HISTORY: Adopted by the Town of Falmouth Annual Town Meeting 4-2-2012, Art. 31. Amendments noted where applicable.]
Editor’s Note: This article also repealed former Ch. 136, Junk Dealers and Collectors, adopted ATM 2-12-1919, Art. 49, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCEPTABLE IDENTIFICATION
- A. A current driver's license that includes the date of birth, photograph, and physical description of the person offering the identification; or
- B. Two other pieces of current identification, at least one of which is issued by a governmental agency or subdivision and includes the date of birth, photograph and physical description of the person offering the identification.
- POLICE CHIEF
- The Chief of Police of the Town of Falmouth or her or his designee.
- REGULATED PROPERTY
- The following used or secondhand property:
- A. Precious metals, including, but not limited to, any metal valued for its character, rarity, beauty or quality, including gold, silver, copper, platinum or other metals, whether as a separate item or in combination with other items.
- B. Precious gems, including but not to limited to any gem valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or other precious or semiprecious gems or stones, whether as a separate item or in combination with other items or as a piece of jewelry.
- C. Watches and jewelry containing precious metals or precious gems, including, but not limited to, rings, necklaces, pendants, earrings, brooches, chains, pocket watches, wristwatches, or stopwatches.
- D. Sterling silver flatware, including but not limited to knives, forks, spoons, candlesticks, coffee and tea sets, or ornamental objects.
- E. Any electronic audio, video or photographic and optical equipment, along with computer or computer equipment or recordings in any form.
- F. Any power tools or equipment.
- G. Musical instruments.
- H. Sporting equipment and bicycles.
- I. Boats, planes, motorcycles, in whole or taken in parts, or any other type machinery.
- J. Collectibles, including objects of art, coins, currency and antique objects, but not including those items identified in § 136-9H, below.
- SECONDHAND COLLECTOR
- Has the same meaning as the term "junk collector" in MGL c. 140, § 56.
- SECONDHAND DEALER
- Has the same meaning as the term "junk dealer" and "keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles" in MGL c. 140, § 54.
The Board of Selectmen is authorized to license suitable persons to be dealers in and keepers of shops for the purchase, sale or barter of junk, old metals or secondhand articles, subject to the provisions of MGL c. 140, §§ 202 through 205, and may revoke such licenses at pleasure.
Every dealer in and keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles in this Town shall be licensed.
A temporary license will be required for transient and special event dealers. The conditions of the temporary license will be determined by the Board of Selectmen.
Every collector of junk, old metals and secondhand articles in this Town shall be licensed.
The licensed premises shall be subject to inspection by police officers of the Town of Falmouth during all hours that the premises are open to the public.
The licensee shall keep a detailed written record of every purchase, including serial numbers and a description thereof, the date of such purchase and the name and residential address of the person from or to whom such purchase was made. The acceptable identification per § 136-1 is required of each seller. This record shall be made available for inspection at all reasonable times for all state and local police officers.
A digital photograph will be taken of each item purchased as defined under "regulated property" in § 136-1, Subsections A, B and C. The photographs may be stored electronically, but are subject to the same recordkeeping requirements as listed in § 136-9A. Copies of the photographs will be made available to the Chief of Police in a timely manner and are subject to the same rights of inspection as listed in § 136-5.
The licensee shall cause to be delivered to the Falmouth Police Department, on a weekly basis, a copy of all transactions recorded.
All licenses shall be conspicuously posted in an accessible place on the licensed premises, available at all times to the proper authorities.
A secondhand dealer shall post the following notice, no smaller than 8 1/2 inches by 11 inches with lettering no smaller than 1/4 of an inch in height, outside each point of entry intended for patron use and at or near each place where a secondhand dealer purchases used property in the regular course of business. If a significant number of the patrons of the regular secondhand dealer use a language other than English as a primary language, the notice shall be worded in both English and the primary language or languages of the patrons.
The sale or attempted sale of property to a secondhand dealer without consent of the property's owner is punishable by a civil penalty not to exceed $300 per item. Don't sell property without consent of the property's owner. You will be held strictly liable for violation of this law.
Any license shall be subject to suspension, revocation or modification for any violation of these regulations or conditions of the license.
A copy of every purchase report form filled out as required by this chapter shall be kept on the premises of the secondhand dealer or secondhand collector business during normal business hours for at least three years from the date of purchase. The report form shall be subject to inspection by the Police Chief or his designee. The secondhand dealer or secondhand collector shall not be required to keep the purchase report forms in excess of three years.
All regulated property in the categories of precious metals or precious gems, defined in § 136-1, Subsections A through D, purchased by a secondhand dealer or secondhand collector and required to be recorded on a purchase report form, shall be held by the secondhand dealer or secondhand collector for at least 21 days from the date of purchase.
All other regulated property purchased by a secondhand dealer or secondhand collector and required to be recorded on a purchase report form shall be held by the secondhand dealer or secondhand collector for at least 14 days from the date of purchase.
The secondhand dealer or secondhand collector shall maintain the property in substantially the same form as when purchased and shall not alter, exchange or commingle the property. During the holding period the regulated property shall be kept on the business premises during normal business hours and shall be subject to inspection by the Police Chief or his designee.
Secondhand dealers retailing or wholesaling used property, limited to the following, are exempt from Subsection B but not Subsection C above:
Used clothing, furniture, costume jewelry, knickknacks, footwear, and houseware items such as dishes, pots, pans, cooking utensils, and cutlery; or
Used clothing, furniture, costume jewelry, footwear and houseware items such as dishes, pots, pans, cooking utensils and cutlery, obtained only from or through a registered charity or by donations; or
Used books, papers, or magazines.
All weighing or measuring devices used by a licensee in the conduct of the licensed business shall be tested and sealed by the Town of Falmouth Weights and Measures Division prior to being placed in service.
Auto salvage yards shall be exempt from this chapter.
Violation of any provision of this chapter may be prosecuted as a criminal matter or as an administrative procedure or by the noncriminal disposition method provided in MGL c. 40, § 21D. Each violation shall be considered separately.
Whoever violates the provisions of this chapter shall be fined not more than $300. The licensing authority may suspend, revoke or modify any license issued by it whenever it has reasonable cause to believe the licensee has violated the terms, conditions or regulations pertaining to such license. Any violation of this chapter enforced by the methods provided in MGL c. 40 § 21D, shall be subject to a fine of $250.
Persons holding licensed yard sales and property sold at licensed yard sales and hobbyists.
Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect.