As used in this chapter, the following terms shall have the
meanings indicated:
ACCEPTABLE IDENTIFICATION
Either:
A.
A current driver's license which includes the date of birth,
photograph, and physical description of the person offering the identification;
or
B.
Two other pieces of current identification, at least one of
which is issued by a governmental agency or subdivision and which
includes the date of birth, photograph and physical description of
the person offering the identification.
POLICE CHIEF
The Chief of Police of the Town of Yarmouth or her or his
designee.
REGULATED PROPERTY
The following used property:
A.
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.
B.
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 semiprecious gems
or stones, whether as a separate item or in combination with other
items or as a piece of jewelry.
C.
Watches and jewelry containing precious metals or precious gems,
including but not limited to rings, necklaces, pendants, earrings,
brooches, chains, pocket watches, wristwatches, or stopwatches.
D.
Sterling silver items, including but not limited to flatware,
candlesticks, coffee and tea sets, ornamental objects, or bars.
E.
Coins and currency bought or sold at a price greater than its
face value.
F.
Electronic devices which receive, transmit, or reproduce information,
or audio or visual representations, or which compute or process information,
including but not limited to televisions, radios, computers, cell
phones, I Phones, I Pads, Blackberrys, MP3 players, GPS devices, electronic
games and all similar electronic devices.
G.
Tools of any kind, excluding antique tools.
H.
Musical instruments, including electronic devices used in conjunction
with musical instruments, excluding antique musical instruments.
SECONDHAND COLLECTOR
Any person or other business entity which is a "junk collector"
or "collector" of "old metals or secondhand articles" as defined by
MGL c. 140, §§ 54 and 56, which does not have a place
of business licensed under this chapter within the Town of Yarmouth
and which purchases, sells, or barters regulated property, or solicits
the purchase, sale, or barter of regulated property within the Town
of Yarmouth. Persons who collect regulated property for personal use
or enjoyment and who are not engaged in business with respect to regulated
property shall not be considered secondhand collectors under this
chapter.
SECONDHAND DEALER
Any person or other business entity which is a "junk dealer"
or "keeper of a shop for the purchase, sale or barter of junk, old
metals or secondhand articles" as defined by MGL c. 140, § 54,
and which purchases or sells regulated property and maintains a place
of business within the Town of Yarmouth.
SUITABLE PERSON
An individual or the principals of partnerships or other corporate entities who by reputation and business experience are deemed to be trustworthy and compliant with the requirements of §
94-2. The licensing authority shall consider, in making such determination, any criminal history, including pending cases, compliance with state and local regulations, complaints filed with the Better Business Bureau and any history of violations of the consumer protection laws.
WILLFUL VIOLATION
Any violation committed with the intent to conceal or misrepresent
any transaction or property regulated by this chapter; to conceal
or misrepresent the identity of any person involved in a transaction
regulated by this chapter; or to obstruct, mislead, impede or delay
the Police Chief or his designee in the performance of his/her responsibilities
under this chapter.
All weighing or measuring devices used by a licensee in the
conduct of the licensed business shall be tested and sealed by the
Yarmouth Weights and Measures Department or designee prior to being
placed in service.
This chapter shall not apply to:
A. Auctioneers licensed pursuant to MGL c. 100, or to property sold
by such auctioneers, provided that:
(1) The auctioneer keeps and sells such property at its licensed place
of business; and,
(2) At least 10 days prior to the auction sale, the auctioneer publishes,
by paper or electronic media available to the public, a catalogue
of items to be sold and provides a copy said catalogue to the Police
Chief or his designee upon request.
B. Thrift shops operated by charitable or religious organizations which
accept donated property, or to the property sold by such thrift shops.
C. Persons holding licensed yard sales and property sold at licensed
yard sales.
This chapter shall not be construed or interpreted to authorize
the licensing of pawnshops pursuant to MGL c. 140, § 70.
Secondhand dealers and secondhand collectors accepting regulated property for sale on consignment are exempt from the requirements of §§
94-4 and
94-8 of this chapter with respect to consigned items, provided that:
A. The secondhand dealer or secondhand collector accepting regulated
property on consignment obtains acceptable identification from the
consignor along with the seller's current residence address, a photocopy
of which shall be retained.
B. The secondhand dealer or secondhand collector accepting regulated property on consignment records the consignment in the transaction book in accordance with §
94-4E of this chapter, clearly designating the entry as a consignment transaction.
C. The sale proceeds from consigned property are held for a minimum
of 30 days after sale before disbursement to the consignor.
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.