As used in this chapter, the following terms shall have the
meanings indicated:
DEALER IN SECONDHAND ARTICLES
Includes any person dealing in the purchase or sale of any
secondhand radios, televisions, household appliances, either electric
or mechanical, automobile accessories or parts, including tires, office
furniture, business machines and secondhand articles of whatsoever
nature, or dealing in the purchase or sale of any secondhand manufactured
article composed wholly or in part of gold, silver, platinum or other
metal, or in the purchase or sale of old gold, silver or platinum,
or dealing in the purchase of articles or things comprised of gold,
silver or platinum for the purpose of melting or refining, or engaged
in melting precious metals for the purpose of selling, or in the purchase
or sale of pawnbrokers' tickets or other evidence of pledged
articles or, not being a pawnbroker, who deals in the redemption or
sale of pledged articles. Nothing contained in this chapter shall
be construed to apply to household furniture and furnishings, pianos,
books, magazines, tapestries, burlaps, paintings, drawings, etchings,
engravings or automobiles; or to exchanges, returns or credits of
merchandise when the article or articles exchanged, returned or credited
are accepted in full or part payment for new merchandise; or to the
first purchase or sale in the Town of any imported secondhand articles.
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint venture, joint-stock
companies and all other entities of any kind who act as a principal,
broker or agent.
No person, either as principal, agent or employee, shall within
the limits of the Town establish, engage in or carry on the business
of dealing in secondhand articles, either separately or in connection
with some other business, without first having obtained and paid for
and having in full force and effect a license as herein provided.
When an application is filed, the Town Clerk shall cause an
investigation to be made by the Chief of Police to ascertain whether
the applicant or applicants is or are of good character and repute.
The Chief of Police shall furnish to the Town Clerk the information
derived from his/her investigation, within a reasonable time, accompanied
by a recommendation as to whether a license should be granted or refused.
The Chief of Police may at any time, for such cause as he or
she upon investigation deems sufficient, request that the Town Clerk
revoke any license granted under the provisions of this chapter. Whenever
any license shall be so revoked, no refund of any unearned portion
thereof shall be made, and no license shall be granted to any person
whose license has been revoked within a period of two years from the
date of such revocation. Notice of such revocation shall be served
by the Town Clerk upon the person named in the application by mailing
the same to the address given in the application by first-class and
certified mail.
In case any licensee shall move his or her place of business
from the place designated in the license, he or she shall immediately
thereupon give notice to the Town Clerk and have the same endorsed
on the license.
It shall be the duty of every licensed dealer in secondhand
articles to make or cause to be made to the Chief of Police or his
or her representative every day, except Sunday, before the hour of
12:00 noon, a copy of the records required to be kept in the preceding
section of all goods, articles or things, or any part thereof, purchased,
received or sold in the course of the business of the dealer on the
preceding day, or, if that day is Sunday, on the next preceding days.
All reports required in this section shall be made on a blank form
prepared and furnished by the Chief of Police and shall contain such
information as the Chief of Police may require. Each report shall
be signed by the licensee or his or her representative and by the
person from whom the purchase was made. The Chief of Police shall
cause a record to be kept of all such reports, showing the date and
time of receipt of each report, the name of the licensee making the
report and his or her address. The contents of such report shall not
be communicated to any person for the purpose of publication but shall
be used by the Chief of Police and others in authority to protect
the public interest and detect crime.
In case any suspicious or known dishonest person shall offer
for sale to any dealer in secondhand articles, his or her employee,
agent or servant any article of value and he or she has reason to
believe from any circumstance that the same has been stolen or acquired
by dishonest means, it shall be his or her duty to report the same
at once to the police.
It shall be the duty of the Police Department to furnish from time to time to every dealer in secondhand articles a list of all articles reported to the Police Department as lost or stolen. If the Police Department shall notify a licensed dealer that any goods, articles or things have been lost or stolen, and if such goods, articles or things, or any or part of such answering to the description of the notice shall then be or shall thereafter be presented to any person, as defined by §
229-1, licensed under the terms hereof, he shall, upon receiving notice thereof, immediately thereafter, as a supplement to his or her daily report for that day to the Chief of Police, give information, in writing, that certain goods, articles or things listed by the police are in his or her possession and shall not hereafter dispose of the same except upon written authority so to do from the Chief of Police. Every dealer in secondhand articles who shall have or receive any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer or any person duly authorized by the Chief of Police, in writing, for such purpose who shall exhibit such written authority to the dealer.