[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as Ch. 13, § 1, of the 1996 By-laws; amended 11-18-2013 STM by Art. 16. Subsequent
amendments noted where applicable.]
Per G.L. c.140, § 54, the Board of Selectmen may license
suitable persons to be collectors of, dealers in, or keepers of shops
for the purchase, sale, or barter of junk, old metals or second hand
articles. The selectmen may make rules and regulations relative to
their business, and may provide for the supervision thereof. Said
licensing board may make additional rules, regulations, and restrictions
which shall be expressed in all licenses. Second hand clothing shall
not be subject to the provisions of this Article.
Every such shopkeeper licensed pursuant to this Section shall
keep a bound book, in which shall be legibly written, in the English
language, at the time of every transaction of any such article, a
description thereof, and the name, date of birth, telephone number
and residence of the person from whom, and the day and the hour when,
such article was acquired; and the Chief of Police or his designee,
may at any time, enter upon any premise used by a licensed dealer
to ascertain how he conducts his business, and examine any or all
articles taken in trade or kept or stored in or upon said premises
and all books, records and inventories relating thereto, and all such
articles, books, records and inventories shall be exhibited to any
such person upon demand. Every such shopkeeper licensed pursuant to
this Section who conducts transaction involving jewelry, including
precious metals and precious gems, shall photograph at the time of
sale all such jewelry and precious metals and precious gems and maintain
these photographs with their records. For the purpose of this Article,
the term "precious metals" shall include any precious metal, such
as gold, silver or platinum, without regard to the form or amount
of such precious metal or whether or not such precious metal is an
incidental or minor component of some other article such as jewelry,
bric-a-brac, statue or the like.
Every person licensed pursuant to this Section shall post his
license in some suitable and conspicuous place upon the licensed premises.
No such shopkeeper holding a license from the Board of Selectmen
as a dealer in secondhand articles shall permit any article purchased
or received by him to be sold or altered in any way until at least
30 days after its receipt. Nor shall any dealer in, or keeper of a
shop for the purchase, sale, or barter, of junk or old metals or antique
furniture permit to be sold or altered any junk or old metal or antique
furniture purchased or received by him for at least seven days after
its receipt.
No person licensed pursuant to this Section shall, directly
of indirectly, either purchase or receive any article from a minor
knowing or having reason to believe him to be such.
No person keeping a shop for the purchase, sale, or barter of
junk or old metals, or second hand articles shall purchase or receive,
either directly or indirectly, any of the aforementioned articles
or have in his shop open for the transaction of business except between
8:00 a.m. in the morning and 10:00 p.m. in the evening. No such license
shall directly or indirectly purchase or receive any such articles
at any other than the address displayed on the license unless specifically
invited into the residence of a potential customer or at a bona fide
trade show.
Any person offering for sale any article shall furnish to any shopkeeper licensed pursuant to this Section positive identification at the time of the sale. A Massachusetts Drivers License, Massachusetts Identification Card or other government issued photo identification cards are good examples of positive identification. Shopkeepers shall photocopy and maintain with their records the positive identification cards presented to them by anyone selling any articles. No person offering any article for sale shall give a wrong name or address or fictitious information pertaining to his identity. No person holding a license pursuant to this Section shall knowingly write a false name or address of a person offering an article for sale, or knowingly permit the entry of such wrong or false name or address into the bound book as defined in § 225-2 hereof. Any police officer taking cognizance of any such violation may request the offender to state his true name and address.
Every person keeping a shop for the purchase, sale or barter
of junk, old metals, or secondhand articles shall make out, or cause
to be made out, and deliver, either electronically or in person or
by messenger, or by United States mail every week to the Chief of
Police, or more often if required by the Chief of Police, in a format
prescribed by the Chief of Police, a legible and correct list, in
the English language, containing an accurate description of all articles
either purchased or received, directly or indirectly, during the preceding
week. This list shall also contain all identifying information of
the persons from whom all articles were purchased. All lists shall
be submitted on or before the close of business Fridays. if submitted
via United States mail it shall be postmarked not later than the Saturday
immediately following.
The provisions of this section are severable, and if any of
its provisions are held unconstitutional or invalid by any court of
competent jurisdiction, the decision of said court shall not affect
or impair any of the remaining provisions.
In addition to enforcement under § 1-6 of these By-laws, the licensing authority may revoke said license for any violation of the preceding sections.
