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Town of Westwood, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Westwood 5-7-2012 by Art. 38. Amendments noted where applicable.]
GENERAL REFERENCES
Soliciting and canvassing — See Ch. 338.
Fingerprint-based criminal record background checks — See Ch. 339.
Pursuant to MGL 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 secondhand articles; may make rules and regulations relative to their business; and may provide for the supervision thereof.
No person shall keep a shop for the purpose of the purchase, barter or sale of junk, old metal or secondhand articles, or be a dealer therein, without first having obtained a license therefor from the Board of Selectmen. Every licensee shall display its license in its shop in a suitable and conspicuous place. Every such shop, all articles of merchandise therein and all records pertaining to the acquisition and disposition of said articles may at all times be examined by the Board of Selectmen or members of the Police Department.
A. 
Every person licensed under § 325-2 shall keep a record of every acquisition of any such article to include:
(1) 
A description of the article;
(2) 
The name, date of birth and address of the person from whom the article was acquired; and
(3) 
The date and hour of the acquisition.
B. 
Such record shall be open at all times to inspection by the Board of Selectmen or members of the Police Department.
C. 
Every person licensed under § 325-2 shall deliver to the Westwood Police, either in person, by United States Mail or electronically every week, a legible and correct list, in the English language, containing an accurate description of all articles acquired, directly or indirectly, during the preceding week. All such lists shall be submitted in a format prescribed by the Chief of Police and shall be submitted on or before the close of business Mondays.
No person(s) licensed under § 325-2 shall permit any secondhand article acquired by him or her to be sold or altered in any way until at least 14 days after its receipt.
No person licensed under § 325-2 shall acquire, directly or indirectly, any article from a person under the age of 18, knowing or having reason to believe them to be such.
No person offering any article for sale or barter to a license shall give a wrong or false name or address or any fictitious information pertaining to identity. No person holding a license under § 325-2 shall knowingly permit the entry of any wrong or false information into the record of the transaction described in § 325-3. In order to prevent wrong or false information, a license holder will examine photo identification from any person offering any article for sale or barter. Any police officer taking cognizance of any such violation may request the offender to state his or her true name and address. Whoever, upon such a request, refuses to state his or her name or address, or states a false name or address, or a name or address which is not his or her name or address in ordinary use, may be arrested by a police officer without a warrant.
The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional or invalid by any court of competent jurisdiction, the decision of said court shall not affect any of the remaining provisions.
Any violation of §§ 325-2 through 325-5 shall be punished by a fine of $100. Any violation of § 325-6 shall be punished by a fine of $300.
A. 
The licensing requirements of § 325-1 shall not apply to the purchase, sale or barter of clothing, books, prints, coins or postage stamps.
B. 
The licensing requirements of § 325-1 shall not apply to not-for-profit organizations that may receive donations of secondhand items, even if offered for sale.