[HISTORY: Adopted by the Town of Ashland 5-15-2002 Annual Town Meeting.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 178.
Peddling and soliciting — See Ch. 215.
Solid waste — See Ch. 245.
[1]
Editor's Note: This Article also repealed former Ch. 230, Secondhand Dealers, adopted May 1993 Special Town Meeting.
No person, firm, business or corporation shall be a collector of or a dealer in junk, old metals, precious metals, jewelry or secondhand articles, or a keeper of a shop for the purchase, sale or barter of junk, old metals, precious metals, legal currency, coins, jewelry or secondhand articles unless licensed therefor by the Selectmen.
It shall be unlawful for any person, firm, business or corporation as defined in this Chapter to engage in such business within the Town of Ashland without first obtaining a license therefor in compliance with the provisions of this Chapter.
The provisions of this Chapter shall not apply to any person residing within the Town of Ashland and engaging in the pursuit of soliciting for charitable, benevolent, fraternal, religious or political activities, or to any person exempted under Chapter 101 of the Massachusetts General Laws, or to any person exempted by any other provision of the Massachusetts General Laws.
As used in this Chapter, the following terms have the meanings indicated:
SECONDHAND DEALERS
Any person who, for himself or for another person, firm, business or corporation, is a collector or engages in the purchase and sale of or a dealer in junk, old metals, precious metals, jewelry, legal currency, coins or secondhand articles either used or in new condition formerly owned by another and offered for sale to the secondhand dealer and/or sold by the secondhand dealer to another.
SECONDHAND ARTICLES
Any property offered for resale by persons to Secondhand Dealers to include but not be limited to: used property, new property, electronic components, computers, televisions, radios, cd players, video recorders, telephones, appliances or junk, old metals, precious metals, jewelry, legal currency, coins, tools and bicycles.
[Amended 11-20-2019 STM, Art. 13]
Applicants for a license shall file with the Select Board a written application. At the time of filing the application, each applicant shall pay a fee as determined by the Select Board. Upon receipt of the application, and payment of the fee, the Select Board shall cause to investigate the applicant's reputation as to morals, integrity, and fitness of the applicant and his/her employees to engage in the business of Secondhand Dealer. After the investigation has been completed, the Select Board may grant the license or deny the application. In the event that the Select Board approves the application, a license shall be issued. If the Select Board denies the application, a public hearing may be requested by the applicant for reconsideration.
Such license, when issued, shall contain the name and signature of the applicant, the address of the Secondhand Dealer's business, the hours of operation, the days of operation, the date of issuance of the license and the expiration date. A copy of any license issued under this Chapter shall be forwarded to the Ashland Police Department.
Secondhand Dealers shall post their Secondhand Dealers license in a conspicuous place within their place of business in clear view of the public and the police.
[Amended 11-20-2019 STM, Art. 13]
The Chief of Police and/or the police officers of the Town of Ashland shall enforce the provisions of this Chapter and are hereby vested with this authority. The Chief of Police shall notify the Select Board of violations of any provision of this Chapter. The Police Department may enforce any criminal violations by seeking complaints in the court having jurisdiction.
[Amended 11-20-2019 STM, Art. 13]
The Chief of Police and/or his/her designee shall forward police reports of violations of any provision of this chapter to the Select Board for its action. Such action may include suspension or revocation of any license issued under this Chapter. Prior to any suspension or revocation, the Board shall hold a public hearing giving a written notice to the licensee. Such notice shall be mailed certified mail, return receipt requested, or shall be delivered in hand by a constable authorized to provide such service. Any violation of this Chapter shall be valid reason for revocation of said license by the Select Board.
[Amended 11-20-2019 STM, Art. 13]
Each license issued under the provisions of this Article shall continue in force until December 31st in the year it was first issued. Thereafter, it may be renewed annually for each calendar year, unless the Select Board feels such renewal does not serve the public good. If the Board is considering not renewing such license, it shall first give the licensee an opportunity to be heard before the Board. After said hearing, the decision of the Board shall be final.
[Amended 11-20-2019 STM, Art. 13]
No person who holds a license under the provisions of this Chapter or any of his/her employees or agents, shall directly or indirectly, conduct any transactions with any minor under the age of eighteen (18) knowing or having reason to believe him/her to be such. Sales over the Internet to minors are strictly prohibited. It shall be the licensee's responsibility to require satisfactory proof of age. Sales to minors shall be valid reason for the revocation of said license by the Select Board.
A. 
RECORD OF PURCHASE FORM: Every Secondhand Dealer, upon the acquisition of any article enumerated in § 230-3 of this Chapter, shall prepare duplicate transaction records known as RECORD OF PURCHASE FORM, blanks for which shall be furnished by the police department, detailing the proven identity of the seller including his complete name, (first, last and middle initial) date of birth, street address, city or town, zip code, telephone number, and a valid driver's license. If the identity of the seller cannot be proven by a valid driver's license, or another form of government issued identification, no transaction may occur. The RECORD OF PURCHASE FORM shall also contain the month, day, time, and year when the transaction occurred as well as a full, accurate, and detailed description of each article purchased including brand name, model number, serial number, and initials if any, with the price paid therefor, and cause the record to be signed by the seller in person. A copy of the record of purchase form shall be forwarded to the Ashland Police Department as soon as possible, but no later than 48 hours after completion of the transaction. The Secondhand Dealer shall retain a copy of the record at his local place of business for one year from the date of transaction, which, along with any article therein listed, may be inspected by any duly authorized police officer. No article so purchased shall be sold, changed, altered in its appearance or otherwise within seven days (07) after the notification of the police department has been made thereof for all property with the exception of jewelry which shall be 14 days after notification of the police department, except with the written consent of the Chief of Police.
B. 
All transactions shall be videotaped or photographed for viewing by the Chief of Police or his designee. Copies shall by made available to the Chief of Police or his/her designee immediately upon request, and a copy provided within 24 hours of said request. Said videotape or photograph shall clearly show the item being purchased or received and clearly show the face of the person selling the item. Any videotapes or photographs required under this section shall be retained by the licensee for a period of ninety days.
Specifically excluded from the provisions of this chapter are the following:
A. 
Purchases from private residences by citizens not engaged in a secondhand dealer type business, yard sales, and charitable fund-raisers for non-profit organizations.
B. 
Secondhand clothing, and books businesses.
C. 
Antique Dealers.
D. 
Select Board Exemption. The Select Board may upon written request by any business to be exempt from the provisions of this chapter, may grant an exemption after holding a public hearing, if they determine the business does not meet the provisions and/or the intent of this chapter.
[Amended 11-20-2019 STM, Art. 13]
E. 
Individual items with a sale price of $10.00 or less.
A. 
Criminal disposition: Any person violating any provision of this Chapter may be arrested and punished by a fine if convicted, according to the following schedule:
During each declaration under this Chapter
First offense .................... not to exceed one hundred dollars ($100.00)
Second offense ................... not to exceed two hundred dollars ($200.00)
Third and each succeeding offense ...... three hundred dollars ($300.00)
B. 
Non-criminal Disposition
Violations of this Chapter may be processed pursuant to § 21D of Chapter 40 of the general laws of the commonwealth. Fines for violations shall be assessed according to the following schedule:
First offense ................................. $100.00
Second offense ................................ $200.00
Third and subsequent offenses ................. $300.00
Enforcement of this bylaw shall be carried out by any duly sworn police officer or other person so designated by the Town Manager.
C. 
Holders of Secondhand Dealers shall be deemed in violation of any provision of this Chapter that is violated by their employees or agents.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.