General Bylaw Article 3-23
Section 1.
The Select Board may license suitable persons to be collectors of, dealers in, or keepers of shops for the purchase, sale, or barter of junk, old metals, precious metals, or secondhand articles pursuant to the provisions of M.G.L. Ch. 140. For the purpose of this By-law, the term “precious metals” shall include any precious metal such as gold, silver or platinum without regard to the form or amount.
Section 2.
As provided by M.G.L. c. 140, any person receiving a license under this By-law shall pay an annual fee to the Town, to be established by the Select Board. Licenses shall be subject to renewal as of May 1st of each year. Such licenses shall be signed by the Town Clerk, who shall keep a record of said licenses. The license shall state the name of the licensee, the nature of the business, and the business location, and shall be displayed in plain sight at said location.
Section 3.
Every keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles shall keep a ledger book in which shall be written at the time of every purchase of any such article a complete description of the article received, the date and time of the transaction, the identity of the employee making the transaction, the dollar amount paid for the article, and the name, age, date of birth and residence of the person from whom such purchase was made. The seller shall be required to sign the ledger book, avowing to the accuracy of the information listed. The licensee shall require the seller to produce positive photo identification and shall obtain a color copy of same. For all jewelry transactions, the licensee shall take a color photograph of each individual item in as much detail as possible. The licensee shall photograph, in color, any person selling articles and keep the photographs as part of his/her records.
Section 4.
The licensee’s ledger books, copies of identification, and photographs shall be maintained by the licensee for a minimum of one year from the date of the last entry, and shall at all times be open to the inspection of any police officer or any person authorized by the Select Board to make such inspection.
Section 5.
The licensee shall cause to be delivered to the Hanson Police Department on a weekly basis, a copy of all weekly transactions recorded in the ledger book and accompanying color photographs of merchandise and seller identification. Said weekly transactions and color photographs may be stored and transmitted electronically if the format is approved by the Chief of Police. If, during the preceding week such licensee has taken no articles, he/she shall make out and deliver to the Police Department a report of such fact.
Section 6.
All licensees shall produce and retain a copy of a receipt identifying the business name, address, and license number. It shall contain an accurate and detailed description of all items purchased and sold, including but not limited to: all distinguishing marks, model names or numbers, serial numbers, etchings or engravings. Jewelry items shall include a complete description including the material, ring size, weight, chain length, shapes, karat weight and color.
Section 7.
The preferred method of payment for precious metals and articles purchased that will be liquidated, melted down, or resold shall be a business check which can be traced back to the recipient. All licensees paying cash for said items shall keep documented receipts of all transactions.
Section 8.
No article of jewelry or precious metals purchased or received by such licensee shall be sold or altered or removed from premises until a period of at least 21 days has elapsed from the date of its purchase or receipt.
Section 9.
No licensee shall directly or indirectly purchase or receive by way of barter or exchange, any article from a minor, being under 18 years of age; unless said minor is accompanied by their parent or legal guardian who shall provide positive identification and whose information and signature shall accompany that of the minor in the ledger book.
Section 10.
Whoever violates the foregoing By-law shall, unless other provision is expressly made, be liable to a penalty of not more than one hundred ($100.00) dollars for each offense.
Section 11.
Notwithstanding any other penalty or action for a violation of this By-law, a statutory violation, or for any other reason, the Selectmen may, upon a public hearing, suspend or revoke any license so issued under Article 3-23, as they may deem appropriate.
Section 12.
The Select Board may adopt additional rules and regulations for the licensing of junk dealers and collectors pursuant to this By-law, as provided in M.G.L. Ch. 140.
Section 13.
The provisions of this By-law are severable. If any provision of this By-law is declared invalid or inapplicable to any particular circumstances, that invalidity or inapplicability will not affect the enforceability of the remainder of this By-law.
(5/2013)