The Board of Selectmen may license suitable persons to be dealers
in and keepers of shops for the purchase, sale or barter of junk,
old metals or secondhand articles, in the Town. The Board of Selectmen
may also license suitable persons as junk collectors, to collect,
by purchase or otherwise, junk, old metals and secondhand articles
from place to place in the Town.
No person shall be a dealer in, or buy, sell or barter, junk,
old metals or secondhand articles, in the Town of Northbridge, unless
the person so buying, selling or bartering has a license duly issued
under this section of the Town bylaws.
[Amended 5-1-2018 ATM,
Art. 24]
A.
The secondhand dealer must require the following identification
from any person selling, bartering, consigning or exchanging personal
property or articles:
A valid Massachusetts motor vehicle driver's license, Massachusetts
liquor identification card, a United States military identification
card or a United States passport that includes the date of birth,
matching photograph, and physical description of the person offering
the identification.
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B.
Every keeper of a shop for the purchase, sale or barter of junk,
old metals or secondhand articles, within the limits of the Town of
Northbridge, shall keep a book in which shall be written at the time
of every such purchase of any such article, a description thereof,
the full name, current address, date of birth and identification number
from and acceptable form of identification of the person from whom
purchased, the day and hour when such purchase was made. Such book
shall be open at all times to the inspection of the Board of Selectmen,
any person specifically authorized to make such inspections or any
police officer.
C.
Every keeper of such shop shall put in a suitable and conspicuous
place in such shop a sign having his name and occupation legibly inscribed
thereon in large letters. Such shop and all articles of merchandise
therein may at all times be examined by the Selectmen, or any person
authorized by them to make such examinations. No keeper of such shop
or any dealer in such articles shall directly or indirectly either
purchase or receive by way of barter or exchange any of the articles
aforesaid of a minor or apprentice, knowing or having reason to believe
him to be such.
D.
Holding period for personal property and articles - articles
to remain on the premises of the secondhand dealer: All secondhand
personal property or articles shall be maintained on the secondhand
business premises for thirty (30) days after the date of purchase,
barter, or exchange. No secondhand personal property or articles shall
be sold, encumbered by sales contract, transferred, altered in its
appearance, or otherwise, or otherwise disposed of, within the said
thirty-day period.
E.
Certified scales: All weighing or measuring devices used by
a licensee in the conduct of the licensed business shall be tested
and sealed by the Sealer of Weights and Measures for the Town of Northbridge.
Every person licensed under § 7-601 shall post the
license in some suitable and conspicuous place upon the licensed premises.
No person keeping a shop for the purchase, sale or barter of
junk, old metals or secondhand articles shall purchase or receive,
either directly or indirectly, any of the aforesaid articles or have
a shop open for the transaction of business except between the hours
of 8:00 o'clock in the morning and 8:00 o'clock in the evening. No
such licensee shall directly or indirectly purchase or receive any
such articles at any place other than the address displayed on the
license unless specifically invited into the residence of a potential
customer or at a bona fide trade show.
No person offering any article for sale shall give a wrong or
false name or address or fictitious information pertaining to his/her
identity. No person holding a license under § 7-601 shall
knowingly write a wrong or false name or address of a person thus
offering an article for sale, or knowingly permit the entry of such
wrong or false name or address in the bound book as defined in § 7-603.
Any police officer taking cognizance of any such violation may request
the offender to state his/her true name and address.
The provisions of this bylaw are severable, and, if any of its
provisions shall be held invalid by any court of competent jurisdiction
the decision of said court shall not affect or impair any of the remaining
sections.
Any violation of any provision of this bylaw may be punished
pursuant to the provisions of § 1-109A or B if the noncriminal
method of citation provided in MGL c. 40, § 21D, and § 1-109A
of this Code of Bylaws is used the offense shall be punished by a
fine of $50 for a first offense and $100 for a subsequent offense.