[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:
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.
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]
