[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-4-2011 by Art. 40, approved 7-21-2011. Amendments noted where applicable.]
Licenses and permits — See Ch. 95.
Junk vehicles — See Ch. 107.
Peddling and soliciting — See Ch. 114.
Yard sales — See Ch. 144.
Editor's Note: This article also repealed former Ch. 94, Junk Dealers, adopted 4-7-1981 ATM by Art. 21 (which chapter was derived from Section 4.13 of the Town of Yarmouth Bylaws and originally adopted in 1915), approved 8-4-1981, as amended. The provisions of this article were originally adopted as §§ 502-1 through 502-14, but were redesignated as §§ 94-1 through 94-14 to maintain the organizational structure of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCEPTABLE IDENTIFICATION
- A. A current driver's license which 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 which 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 Yarmouth or her or his designee.
- REGULATED PROPERTY
- The following used 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 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 items, including but not limited to flatware, candlesticks, coffee and tea sets, ornamental objects, or bars.
- E. Coins and currency bought or sold at a price greater than its face value.
- F. Electronic devices which receive, transmit, or reproduce information, or audio or visual representations, or which compute or process information, including but not limited to televisions, radios, computers, cell phones, I Phones, I Pads, Blackberrys, MP3 players, GPS devices, electronic games and all similar electronic devices.
- G. Tools of any kind, excluding antique tools.
- H. Musical instruments, including electronic devices used in conjunction with musical instruments, excluding antique musical instruments.
- SECONDHAND COLLECTOR
- Any person or other business entity which is a "junk collector" or "collector" of "old metals or secondhand articles" as defined by MGL c. 140, §§ 54 and 56, which does not have a place of business licensed under this chapter within the Town of Yarmouth and which purchases, sells, or barters regulated property, or solicits the purchase, sale, or barter of regulated property within the Town of Yarmouth. Persons who collect regulated property for personal use or enjoyment and who are not engaged in business with respect to regulated property shall not be considered secondhand collectors under this chapter.
- SECONDHAND DEALER
- Any person or other business entity which is a "junk dealer" or "keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles" as defined by MGL c. 140, § 54, and which purchases or sells regulated property and maintains a place of business within the Town of Yarmouth.
- SUITABLE PERSON
- An individual or the principals of partnerships or other corporate entities who by reputation and business experience are deemed to be trustworthy and compliant with the requirements of § 94-2. The licensing authority shall consider, in making such determination, any criminal history, including pending cases, compliance with state and local regulations, complaints filed with the Better Business Bureau and any history of violations of the consumer protection laws.
- WILLFUL VIOLATION
- Any violation committed with the intent to conceal or misrepresent any transaction or property regulated by this chapter; to conceal or misrepresent the identity of any person involved in a transaction regulated by this chapter; or to obstruct, mislead, impede or delay the Police Chief or his designee in the performance of his/her responsibilities under this chapter.
Secondhand dealers and secondhand collectors must obtain a license to conduct business within the Town of Yarmouth.
The Board of Selectmen of the Town of Yarmouth may, after notice and a public hearing, deny an original or renewal application for a secondhand dealer or secondhand collector license or suspend or revoke a previously issued license if it has probable cause to believe any of the following conditions exist after a public hearing:
The applicant, or any § 54 who has owned or operated a secondhand dealer or secondhand collector business under this regulation or any substantially similar regulation and, within the five years prior to the application date, has had a secondhand dealer or secondhand collector license revoked for a reason that would be grounds for a denial or revocation pursuant to this chapter.
Editor's Note: See MGL c. 140, § 54.
The secondhand dealer or secondhand collector business has been found to constitute a public nuisance.
The licensee, applicant, or any person who, in part or whole, owns, manages or operates the secondhand dealer or secondhand collector business has been convicted of a felony or any crime involving a false statement within 15 years prior to the application date or hearing date.
A lawful inspection of the secondhand dealer or secondhand collector business records or premises by the Police Chief or his designee has been unjustifiably refused by a person who, in part or whole, manages or operates the business.
The secondhand dealer or secondhand collector, the applicant, or any person who, in part or whole, owns, manages, or operates the secondhand dealer or secondhand collector business commits or has committed:
Three or more violations of this chapter or any state or federal law, or the regulations of any other town or political subdivision with substantially equivalent provisions; or
One or more willful violation(s) of this chapter or any state or federal law or the regulations of another town or political subdivision with substantially equivalent provisions.
The secondhand dealer or secondhand collector, the applicant, or any person who, in part or whole, owns, manages, or operates the secondhand dealer or secondhand collector business has been or subsequently is convicted of any law of the Commonwealth of Massachusetts that is inconsistent with lawful operation of the type of secondhand business to be conducted, including but not limited to receiving stolen property, any form of breaking and entering, larceny or any crime of which larceny is an element, or any form of aggravated assault.
Such other grounds as the Board of Selectmen determines to be in the public interest or in violation of the conditions of the license or any law or regulation of the commonwealth or the Town of Yarmouth.
Subject to the provisions of the Massachusetts Criminal Records Offender Statute, MGL c. 6, § 167 et seq., as amended, and regulations promulgated thereunder, the Board of Selectmen shall conduct a criminal records check of each applicant for an original license under this chapter, and may conduct a criminal records check on an applicant for a renewal license or on any licensee or person who, in part or whole, owns, manages or operates a previously existing secondhand dealer or secondhand collector business.
All records and photographs required by this chapter or any other law of the commonwealth shall be open to inspection by the Chief of Police or his/her designee, or any other person authorized by law, during the secondhand dealer or secondhand collector's regular business hours or at any other time when said establishment is open for business. Records shall include photographs required by this bylaw.
The premises of any secondhand dealer or secondhand collector, and all regulated property located therein, shall be open to inspection by the Chief of Police or his/her designee, or any other person authorized by law, during the Secondhand dealer or secondhand collector's regular business hours or at any other time when said establishment is open for business.
At any time when the Police Chief or his designee has reasonable grounds to believe it is more likely than not that a specific item of regulated property held by a secondhand dealer or secondhand collector is associated with criminal conduct, the Police Chief or his designee may enter the premises of the secondhand dealer or secondhand collector at any reasonable time, provided that the premises is occupied at the time of entry and the Police Chief or his designee presents proper official identification at or near the time of entry. If entry is refused, the Police Chief or his designee shall have recourse to every remedy provided by law to secure entry, including an administrative search warrant or a criminal search warrant.
Authority to inspect secondhand dealer or secondhand collector premises under this regulation is in addition to and not in limitation of the authority the Town or the Police Chief or any police officer would otherwise have to enter the business premises.
The Police Chief or his designee shall design a purchase report form and make copies available to all secondhand dealers or secondhand collectors. Secondhand dealers or secondhand collectors shall utilize these forms, or any other substantially similar form approved by the Police Chief, to record purchases of regulated property. The form may require any information reasonably calculated to help the Police Chief identify the purchaser, the seller or the property associated with the purchase of regulated property.
Whenever a secondhand dealer or secondhand collector purchases regulated property, the secondhand dealer or secondhand collector shall obtain acceptable identification from the seller along with the seller's current residence address, a photocopy of which shall be attached to the form. The secondhand dealer or secondhand collector shall fill out a purchase report form in all relevant aspects at the time of the purchase. A purchase report form as required to be filled out by this section shall be filled out in ink and in legible English. The seller shall sign his or her name on the filled-out form.
A digital photograph will be taken of each item purchased as defined under "regulated property" in § 94-1. The photographs may be stored electronically, but are subject to the same recordkeeping requirements as listed in § 94-4 and 94-8. Copies of the photographs are subject to inspection by the Police Chief or his designee in the same manner as other records.
The licensee shall cause to be delivered to the Yarmouth Police Department, on a weekly basis, a copy of all transactions recorded on the form provided, and all required photographs. Photographs shall be delivered on digital media. Forms and photographs for transactions during a calendar week shall be provided the following Monday or such other day as the Chief of Police or his designee shall specify in writing. If during the preceding week such secondhand dealer or secondhand collector has taken no articles in, he/she shall make out and deliver to the Police Department a report of such fact.
Each secondhand dealer or secondhand collector shall record each transaction in a bound book with consecutively numbered pages, of a size and style approved by the Chief of Police or his designee. All entries shall be in ink, legible, and in English. Each entry shall be assigned a number which shall be attached to the item and indicated on the purchase report form. Book entries shall be made contemporaneously with each purchase. The transaction books shall be kept as long as the Secondhand dealer or secondhand collector is engaged in business in the Town of Yarmouth and a minimum of three years thereafter.
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 1/2 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 regulated property in the course of business. If a significant number of the patrons of the 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.
PHOTO IDENTIFICATION REQUIRED FOR ALL SALES
ALL SALES REPORTED TO POLICE
POSSESSION OF STOLEN PROPERTY IS A CRIME PUNISHABLE BY IMPRISONMENT IN
THE STATE PRISON OR BARNSTABLE HOUSE OF CORRECTION
SALE OR ATTEMPTED SALE OF PROPERTY WITHOUT THE CONSENT OF THE OWNER IS
ALSO PUNISHABLE BY A FINE OF $300 PER ITEM
A secondhand dealer or secondhand collector shall not make any cash purchase in an amount that exceeds $50.
A secondhand dealer shall not carry on the business of buying or selling regulated property except at the premises designated in the secondhand dealer license. This subsection shall not apply to dealers in antiques who acquire regulated property incidentally with nonregulated property at the home of the owner of the regulated property.
A secondhand dealer or secondhand collector shall not purchase any property whose serial number or other identifiable marking has been wholly or partially tampered with or removed.
A secondhand dealer or secondhand collector shall not purchase regulated property from any person under the age of 18.
No secondhand dealer or secondhand collector or any other person may purchase or sell any property of any type without the consent of the owner of such property.
A copy of every purchase report form, transaction book and photograph 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 purchase report, transaction book, and photograph shall be subject to inspection by the Police Chief or his designee.
All regulated property purchased by a secondhand dealer or secondhand collector shall be held by said secondhand dealer or secondhand collector for at least 21 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.
The Police Chief or his designee may give written notice to a secondhand dealer or secondhand collector holding regulated property that the Police Chief or his designee has reasonable grounds to believe that more likely than not a specific item or items of regulated property is associated with criminal conduct. The secondhand dealer or secondhand collector holding the regulated property shall then continue to hold the specified items in the notice in the same manner and place as required under Subsections B and C of this section until released by the Police Chief.
The holding period for any item of regulated property shall not exceed 180 days from the date of purchase.
Secondhand collectors shall provide the licensing authority and Police Chief with the address where the required records will be maintained and where the regulated property will be stored during the holding period.
A secondhand dealer or secondhand collector may from time to time request, in writing, that the Police Chief shorten the length of the holding period for a specific item or items of regulated property. The request shall identify the property and state the basis or bases of the hardship. If the Police Chief or his designee determines that: 1) relief from the holding period is appropriate due to circumstances which involve a particular hardship; and 2) the purpose and intent of this chapter can be accomplished under such circumstances with a shorter holding period, the Police Chief or his designee shall provide the secondhand dealer or secondhand collector who requested relief with written authorization to sell, transfer or otherwise dispose of the regulated property. The authorization shall be effective only upon delivery of the written authorization to the secondhand dealer or secondhand collector.
All weighing or measuring devices used by a licensee in the conduct of the licensed business shall be tested and sealed by the Yarmouth Weights and Measures Department or designee prior to being placed in service.
Violation of any provision of this chapter may be prosecuted as a criminal matter or as an administrative procedure or by the method provided in § 21D of Chapter 40 of the General Laws. Each violation shall be considered separately.
Whoever violates the provisions of this chapter shall be fined not more than $300. The Board of Selectmen may suspend, revoke or modify any license issued by it as provided by this chapter or as otherwise provided by law. Any violation of this chapter may be enforced by the methods provided in § 21D of Chapter 40 of the General Laws or as otherwise provided by law.
This chapter shall not apply to:
Auctioneers licensed pursuant to MGL c. 100, or to property sold by such auctioneers, provided that:
The auctioneer keeps and sells such property at its licensed place of business; and,
At least 10 days prior to the auction sale, the auctioneer publishes, by paper or electronic media available to the public, a catalogue of items to be sold and provides a copy said catalogue to the Police Chief or his designee upon request.
Thrift shops operated by charitable or religious organizations which accept donated property, or to the property sold by such thrift shops.
Persons holding licensed yard sales and property sold at licensed yard sales.
This chapter shall not be construed or interpreted to authorize the licensing of pawnshops pursuant to MGL c. 140, § 70.
Secondhand dealers and secondhand collectors accepting regulated property for sale on consignment are exempt from the requirements of §§ 94-4 and 94-8 of this chapter with respect to consigned items, provided that:
The secondhand dealer or secondhand collector accepting regulated property on consignment obtains acceptable identification from the consignor along with the seller's current residence address, a photocopy of which shall be retained.
The secondhand dealer or secondhand collector accepting regulated property on consignment records the consignment in the transaction book in accordance with § 94-4E of this chapter, clearly designating the entry as a consignment transaction.
The sale proceeds from consigned property are held for a minimum of 30 days after sale before disbursement to the consignor.
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.