[HISTORY: Adopted by the Special Town Meeting of the Town
of Harwich 5-4-2010 by Art. 13. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses, permits and fees — See Ch. 164.
Either:
A current driver's license that includes the date of birth,
photograph and physical description of the person offering the identification;
or
Two other pieces of current identification, at least one of
which is issued by a governmental agency or subdivision and includes
the date of birth, photograph and physical description of the person
offering the identification.
The Board of Selectmen of the Town of Harwich.
The Chief of Police of the Town of Harwich or his/her designee.
The following used property:
Precious metals, including but not limited to any metal valued
for its character, rarity, beauty or quality, including gold, silver,
copper, platinum or other metals, whether as a separate item or in
combination with other items.
Precious gems, including but not limited to any gem valued for
its character, rarity, beauty or quality, including diamonds, rubies,
emeralds, sapphires or pearls, or other precious or semi-precious
gems or stones, whether as a separate item or in combination with
other items or as a piece of jewelry.
Watches and jewelry containing precious metals or precious gems,
including but not limited to rings, necklaces, pendants, earrings,
brooches, chains, pocket watches, wrist watches, or stop watches.
Sterling silver flatware, including but not limited to knives,
forks, spoons, candlesticks, coffee and tea sets, or ornamental objects.
Any electronic audio, video or photographic and optical equipment
along with computer or computer equipment or recordings in any form.
Any power tools or equipment.
Musical instruments.
Sporting equipment.
Automobiles, boats, planes, motorcycles in whole or taken in
parts, or any other type of machinery.
Collectibles; including objects of art, coins, currency and antique objects, but not including those items identified in Subsection H.
Shall have the same meaning as the term "junk collector"
in MGL c. 140, § 56.
Shall have the same meaning as the term "junk dealer" and
keeper of a shop for the purchase, sale or barter of junk, old metals
or secondhand articles in MGL c. 140 § 54.
A.
Secondhand collectors and secondhand dealers must obtain a license
to conduct said activities.
B.
The licensing authority of the Town of Harwich may after notice and
a public hearing deny an original or renewal application for a secondhand
dealer or a secondhand collector license or revoke an issued license
if it has probable cause to believe any of the following conditions
exist after a public hearing:
(1)
The applicant, or any person who in part or whole, owns, manages,
or operates the secondhand dealer or secondhand collector business,
has owned or operated a secondhand dealer or secondhand collector
business regulated under this regulation or any substantially similar
license and, within the five years prior to the application date;
(2)
Has had a secondhand dealer or secondhand collector license revoked
for a reason that would be grounds for a denial or revocation pursuant
to this chapter; or
(3)
The secondhand dealer or secondhand collector business has been found
to constitute a public nuisance.
(4)
The licensee applicant, or any person who in part or whole, owns,
manages or operates the secondhand dealer or secondhand collector
business, has been convicted of a felony or any crime involving a
false statement within 15 years prior to the application date.
(6)
A lawful inspection of the secondhand dealer or secondhand collector
business premises by the Police Chief has been unjustifiably refused
by a person who in part or whole, manages or operates the business.
(7)
The secondhand dealer or secondhand collector business, the applicant
or any person who in part or whole, owns, manages or operates the
secondhand dealer or secondhand collector business, has more than
five violations of these regulations, any state or federal law, or
any combination thereof within a two-year period, including the two
years prior to the application date.
(8)
The secondhand dealer or secondhand collector business, the applicant
or any person who in part or whole, owns, manages or operates the
secondhand dealer or secondhand collector business has been convicted
of any law of the Commonwealth of Massachusetts that is contrary to
the type of secondhand business to be conducted, such as, but not
limited to: receiving stolen property, any form of breaking and entering,
larceny from a person, or any other form of larceny, or any form of
aggravated assault, as verified by a CORI by the Police Chief.
(9)
Such other grounds as the licensing authority determines to be in
the public interest or in violation of the conditions of the license
or any law or regulation of the Commonwealth or the Town of Harwich.
A.
Whenever necessary to make an inspection to enforce the provisions
of this chapter, or when the Police Chief has reasonable grounds to
believe more likely than not that a specific item of regulated property
held by a secondhand dealer or secondhand collector is associated
with criminal conduct, the Police Chief may enter the premises of
the secondhand dealer or secondhand collector at any reasonable time,
provided that the premises are occupied at the time of entry and the
Police Chief presents proper official identification at or near the
time of entry. If entry is refused, the Police Chief shall have recourse
to every remedy provided by law to secure entry, including an administrative
search warrant or a criminal search warrant.
B.
Authority to inspect secondhand dealer or secondhand collector premises
under this regulation is in addition to and not in limitation to the
authority the Town or the Police Chief or any police officer would
otherwise have to enter the business premises.
C.
Once allowed to enter the premises of the secondhand dealer or secondhand
collector, the Police Chief may inspect property kept there. The Police
Chief may also inspect the business records associated with regulated
property and perform any duty imposed upon the Town or the Police
Chief by this regulation.
A.
The Police Chief shall design a purchase report form and make copies
available to all secondhand dealers or secondhand collectors. secondhand
dealers or secondhand collectors shall utilize these forms, or any
other substantially similar form approved by the Police Chief, to
record purchases of regulated property. The form may request any information
reasonably calculated to help the Police Chief identify the purchaser,
the seller and the property associated with the purchase of regulated
property.
B.
Whenever a secondhand dealer or secondhand collector purchases regulated
property for business purposes, the secondhand dealer or secondhand
collector shall obtain acceptable identification from the seller along
with the seller's current residential address. The secondhand
dealer or secondhand collector shall fill out a purchase report form
in all relevant aspects at the time of the purchase. A purchase report
form as required to be filled out by this section shall be in legible
English. The seller shall sign his or her name on the filled out form.
C.
A digital photograph will be taken by the secondhand dealer or secondhand collector of each item purchased as defined under the regulated property section (§ 241-1). The photographs may be stored electronically, but are subject to the same recordkeeping requirements as listed in this chapter. Copies of the photographs will be made available to the Police Chief in a timely manner, and are subject to the same rights of inspection as listed in § 241-8.
D.
The licensee shall cause to be delivered to the Harwich Police Department
on a weekly basis a copy of all transactions recorded in the ledger
on the form provided. Included with this report will be a digital
photograph of the item or items purchased. If, during the preceding
week such secondhand dealer or secondhand collector has taken no articles
in, he/she shall make out and deliver to the Police Department a report
of such fact.
A.
All licenses shall be conspicuously posted in an accessible place
on the licensed premises, available at all times to the proper authorities.
B.
A secondhand dealer shall post the following notice no smaller than
8 1/2 inches by 11 inches, with lettering no smaller than 1/4
of an inch in height outside each point of entry intended for patron
use and at or near each place where a secondhand dealer purchases
used property in the regular course of business.
NOTICE: The sale or attempted sale of property to a secondhand
dealer without the consent of the property's owner is punishable
by a civil penalty not to exceed $300 per item. Don't sell property
without consent of the property's owner. You will be held strictly
liable for violation of this law.
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C.
If a significant number of the patrons of the regular secondhand
dealer use a language other than English as a primary language, the
notice shall be worded in both English and the primary language or
languages of the patrons.
A.
A secondhand dealer or secondhand collector shall not make any cash
purchase in an amount that exceeds $50.
B.
A secondhand dealer must not carry on the business of buying or selling
secondhand property except at the premises designated in the dealership
license.
C.
A secondhand dealer must not purchase any property whose serial number
or other identifiable marking has been wholly or partially tampered
with or removed.
D.
A secondhand dealer or secondhand collector may not purchase any
items from any person under the age of 18.
A.
A copy of every purchase report form filled out as required by this
chapter shall be kept on the premises of the secondhand dealer or
secondhand collector business during normal business hours for at
least three years from the date of purchase. The report form shall
be subject to inspection by the Police Chief.
B.
All regulated property in the categories of precious metals or precious gems, defined in § 241-2, purchased by a secondhand dealer or secondhand collector and required to be recorded on a purchase report form shall be held by said secondhand dealer or secondhand collector for at least 21 days from the date of purchase.
C.
All other regulated property purchased by a secondhand dealer or
secondhand collector and required to be recorded on a purchase report
form shall be held by said secondhand dealer or secondhand collector
for at least 15 days from the date of purchase.
D.
The secondhand dealer or secondhand collector shall maintain the
property in substantially the same form as when purchased and shall
not alter, exchange or commingle the property. During the holding
period, the regulated property shall be kept on the business premises
during normal business hours and shall be subject to inspection by
the Police Chief.
E.
The Police Chief may give written notice to a secondhand dealer or secondhand collector holding regulated property that the Police Chief has reasonable grounds to believe more likely than not, that a specific item of regulated property is associated with criminal conduct. The secondhand dealer or secondhand collector holding the regulated property shall then continue to hold the property specified in the notice in the same manner and place as required under Subsection B of this section until released by the Police Chief.
F.
If the Police Department has probable cause to believe that an item
or items purchased by the secondhand dealer or secondhand collector
is/are stolen, the item or items will be confiscated by the Police
Chief. A receipt will be issued to the secondhand dealer or secondhand
collector for the item or items confiscated.
G.
The holding period for any item of regulated property shall not exceed
180 days from the date of purchase.
H.
A secondhand dealer or secondhand collector may from time to time
request in writing that the Police Chief shorten the length of the
holding period. If the Police Chief determines relief from the holding
period is appropriate due to unreasonable hardship, the Police Chief
shall provide the secondhand dealer or secondhand collector who requested
relief with a written authorization to sell, transfer, or otherwise
dispose of the regulated property. The request shall identify the
property and state the basis of the unreasonable hardship or hardships.
The authorization shall be effective only upon delivery of the written
authorization to the secondhand dealer or secondhand collector.
I.
Secondhand dealers, retailing or wholesaling used property limited to the following, are exempt from Subsection B above:
(1)
Used clothing, furniture, costume jewelry, knick knacks, footwear,
and houseware items, such as dishes, pots, pans, cooking utensils,
and cutlery; or
(2)
Used clothing, furniture, costume jewelry, footwear and house ware
items, such as dishes, pots, pans, cooking utensils and cutlery, obtained
only from or through a registered charity or by donations; or
(3)
Used books, papers, or magazines.
All weighing or measuring devices used by a licensee in the
conduct of the licensed business shall be tested and sealed by the
Town of Harwich Weights and Measures Division prior to being placed
in service.
A.
Violations of any provision of this chapter may be prosecuted as
a criminal matter or as an administrative procedure or by the method
provided in MGL c. 40, § 21D. Each violation shall be considered
separately.
B.
Whoever violates the provisions of this chapter shall be fined not
more than $300. The licensing authority may suspend, revoke or modify
any license issued by them whenever they have reasonable cause to
believe the licensee has violated the terms, conditions or regulations
pertaining to such license. Any violation of this chapter enforced
by methods provided in MGL c. 40, § 21D shall be subject
to a fine of $250.
Each provision of this chapter shall be construed as separate.
If any part of this chapter shall be held invalid for any reason,
the remainder shall continue in full force and effect.