Town of North Reading, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of North Reading 10-16-1997 by Art. 10, approved 2-18-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Peddlers, solicitors and transient vendors — See Ch. 131.
[Amended 10-2-2000 ATM by Art. 10, approved 3-29-2001]
The intent of this by-law is to establish a system which fairly and impartially regulates retail transactions of a pawn-broker or a second-hand dealer for the purpose of:
A. 
Identifying stolen property unintentionally received by the regulated parties; and
B. 
Detection of regulated parties intentionally transacting business in stolen property.
PAWNBROKER — Any transaction wherein there is the lending of money secured by taking possession of jewelry, wearing apparel, household goods or other personal property, with interest charged thereon, shall be regulated.
SECOND-HAND DEALER
Shall mean any person, firm, partnership or corporation whose business is the retail buying, selling, buy-back, exchanging, dealing in or dealing with second-hand articles including but not limited to jewelry, watches, diamonds, or other precious stones or gems, gold, silver, platinum, or other precious metals, musical instruments and equipment, cameras, furs, small collectible antiques, home and auto stereo equipment, televisions, VCR's, tools, computers and computer equipment, firearms, auto accessories, sporting equipment and collectibles. Mail order transactions or retail stores that exchange or provide cash or credit for returned articles shall not be included within these definitions.
A. 
No person, firm, partnership, or corporation shall operate, conduct, or engage in business as a second-hand dealer/pawnbroker unless such person, firm, partnership, or corporation shall first obtain a license from the Select Board or their designee, i.e. Chief of Police.
[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]
B. 
Applications for new licenses and renewal licenses for a second-hand dealer/pawnbroker shall be made in writing to the Police Department on forms provided for this purpose by the Town of North Reading. Each issued license and applicable licensing requirements shall be issued on a location specific basis. No such license shall be issued to any person, firm, or corporation who has in the last ten years been convicted of receiving stolen property or who has repeatedly violated ordinances or statutes of this state or any other state or territory related to the business license in this state or any state or territory. Refusal of a license shall be based on just cause.
C. 
Upon approval, a license shall be issued and continue in force until January 1, next following, unless sooner revoked. Each license fee and renewal fee shall be $26.00. Said license may not be assigned or transferred and will be clearly and prominently displayed.
D. 
A second-hand dealer may apply for a waiver of the licensing requirement hereunder. The Select Board or their designee, i.e. Chief of Police, may grant such waiver if it is determined that the applicant is in a business which (a) receives its stock-in-trade from charitable donations; or (b) is a business the nature of which is not susceptible to the purchase and resale of stolen property. Applications for waivers shall be made in writing to the Police Department on forms provided for this purpose by the Town of North Reading, and shall be renewed on a yearly basis on such terms and conditions as the Town shall mandate.
[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]
No second-hand dealer/pawnbroker, nor any person employed by a second-hand dealer/pawnbroker shall directly or indirectly purchase any aforementioned article from anyone under 18 years old, knowing or having reason to believe him or her to be such, except when said minor is accompanied by a parent or legal guardian, who shall sign the transaction record in person before said dealer.
A. 
Every second-hand dealer/pawnbroker, upon the acquisition of any aforementioned article, shall prepare transaction records upon forms approved by the Town of North Reading, stating the full name, ID number, date of birth, phone number and address of the seller, date of the transaction, and a full, accurate and detailed description (to include make, model and serial number) of each article. Dealer shall attach a photocopy of the identification to the form along with the seller's signature. A photocopy of the article, if required by the nature or the size of the item, will also be attached to the form. One legible copy of the transaction record shall be delivered to the Police Department within forty-eight hours of the end of said dealer's business day.
B. 
Jewelry, watches, diamonds, or other precious stones or gems, gold, silver, platinum or other precious metals or items by virtue of their size shall be photocopied by use of a document copier.
C. 
Positive identification in the form of a government photo ID shall be required of the seller and the type of identification used shall be noted on the dealer's records. This shall not apply with a transaction between second-hand dealers/pawnbrokers as herein defined.
D. 
Said dealer shall retain copies of purchase records in his possession, which, together with any article listed therein, may be inspected at any time by any duly authorized North Reading police officer during regular business hours while making all reasonable efforts not to disrupt the normal course of business.
(1) 
All transaction records shall be kept by said second-hand dealer/pawnbroker for a minimum of seven years.
(2) 
No article shall be sold, encumbered by sales contract, or otherwise disposed of or altered in its appearance, within fifteen days of purchase, unless the second-hand dealer is granted permission in writing from the Chief of Police, but in any case not within 24 hours of time of purchase. Pawnbrokers shall retain nonperishable articles for at least four months and perishable articles for one month.
A. 
If the North Reading Police Department determines that an article is needed for evidence in a criminal investigation the Police Department shall seize that evidence pursuant to applicable criminal procedures. The second-hand dealer/pawnbroker shall be issued a receipt for the article.
B. 
The North Reading Police Department shall keep seized articles under the court's direction as long as necessary to permit the article to be used as evidence. At the conclusion of all court proceedings or closure of the police investigation the Police Department shall notify the original owner, the second-hand dealer/pawnbroker, and any person who may have a lawful interest that the property will be released in 30 calendar days to the original owner if no other claim is placed on the property.
A. 
Any violation of this chapter shall be punishable by a fine not exceeding $200.00 per day.
B. 
The Chief of Police may suspend or revoke said license for just cause. Said action will be stayed if an appeal is filed.
C. 
Any suspension or license revocation by the Chief of Police may be appealed by the licensee to the Select Board. That appeal must be made within ten business days of the date of action by the Chief of Police.
[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]