[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.