[Amended 6-21-2011 by Ord. No. 98]
No person who makes a business of purchasing or purchasing and selling, or who keeps a place of business in the City for purchasing or purchasing and selling, either gold or silver, collectible domestic or foreign coins, collectible domestic or foreign currency, stamps, other precious metals, art objects, paintings, jewelry, rugs or other secondhand items such as antiques and/or furniture, junk, electronics, tools or old metals, shall engage in such business or open such place of business for such purposes unless licensed by the City Council. The City Council may revoke such licenses at pleasure. For the purposes of this Article V, "collectible coins and/or collectible currency" shall mean any coin or currency for which the shopkeeper pays more or less than face value (domestic coin or currency) or pays more or less than the value at the rate of exchange on the date of the transaction (foreign coin or currency).
[Amended 6-21-2011 by Ord. No. 98]
A.Â
Every keeper of a shop in the City for the purchase, sale or bartering of the goods described in § 192-15 shall keep a permanent record in the English language detailing the date of transaction, name of customer, telephone number of customer, name of shop, description of items, including make, model number, serial number, color, size, markings/engravings, and the amount paid to the customer.
B.Â
In addition thereto, such shopkeeper shall:
(1)Â
Require the person selling such articles to provide one form of photo
identification issued by a government agency. A copy of such photo
identification shall be made and maintained with said book as part
of his records.
(2)Â
Make and maintain a photograph of all items purchased and keep said
photograph with said book as part of his records.
C.Â
Said book
and the photocopies and photographs required hereby shall at all times
be open to the inspection of the Mayor, the City Council or any individual
City Councilor, police officers of the City of Beverly or State Police
or to any other person authorized by the Mayor or City Council to
make such inspection.
No dealer in junk, old metals or secondhand items shall directly
or indirectly purchase or receive by way of barter or exchange such
goods, or allow such goods to be deposited upon or within his premises,
shop or vehicle, by any minor, knowing or having reason to believe
him to be such.
[Amended 2-13-2006 by Ord. No. 12; 6-21-2011 by Ord. No.
98]
No such item purchased or received by any dealer or keeper of
a shop shall be removed from the City or sold or otherwise disposed
of nor its identity changed until at least 30 days from its date of
purchase have elapsed unless permission in writing has been obtained
from the Chief of Police or his designee, who may request to observe
or photo such item. All items shall be held in the condition received
for the duration of the retention period.
Every keeper of a shop for the purchase, sale or barter of junk,
old metals or secondhand items in the City shall put in a suitable
and conspicuous place in his shop a sign having his name and occupation
legibly inscribed thereon.
The shop and all items of merchandise referred to in this article,
and any place, vehicle or receptacle used for the collection or keeping
of such items, may be examined at all times by the Mayor and City
Council, or by any police officer of the City, or by any person authorized
by the Mayor or City Council to make such examination.
[Amended 2-13-2006 by Ord. No. 12; 5-2-2016 by Ord. No. 081]
The shops referred to in this article shall be closed from 10:00
p.m. to 6:00 a.m. of the following morning, and no keeper of such
shop shall purchase or sell any of the items mentioned in this article
during such hours.
No dealer in junk, old metals or secondhand items shall carry
on his business in any other place than that designated in his license,
unless a consent to his removal is granted by the City Council.
No vehicle shall be used for the collection of junk, old metals,
rags or secondhand items unless licensed by the City Council. Every
such vehicle shall bear conspicuously the owner's name and the number
of the license on the outside, and on each side.
[Amended 10-17-2016 by Ord. No. 212]
Any person engaged in a business under such license that also
offers for sale or rent new goods shall label, place, or designate
goods so that new goods are clearly distinguishable from used or secondhand
goods.
Every person licensed under this article shall store all rags,
paper or other inflammable material in a building constructed of fireproof
material.
It shall be the duty of the City Clerk to keep a list of the
dealers in the items mentioned in this article, and of the places
wherein the business is carried on.
[Amended 6-21-2011 by Ord. No. 98]
A.Â
Simultaneously with the entry of information required by § 192-15 into a permanent record in a form prescribed by the Police Department, the keeper of a shop for the purchase and sale of gold or silver, collectible coins, collectible currency, stamps, other precious metals, art objects, paintings, jewelry, antiques, electronics, or tools shall forward electronically, not later than Friday of every week, to the Chief of Police of the City or his designee a copy of such entry. If delivery cannot be made electronically for whatever reason, the copy of the above transaction shall be hand delivered to the Chief of Police or his designee not later than Friday of every week.
B.Â
In addition thereto such shopkeeper shall:
(1)Â
Forward digital photographs of all purchased or pawned items of a
quality acceptable to the Police Department electronically to the
Police Department on a daily basis. Photos shall be accompanied by
a form prescribed by the Police Department describing items in said
photos and shall also contain an image of the government-issued identification
used in the transaction. Acceptable quality photos must be in focus,
the item must be identifiable, photo size shall be no smaller than
six inches by 4.5 inches (432 pixels by 324 pixels; file size 32 kilobytes)
and no larger than 11 feet by seven inches (792 pixels by 527 pixels;
file size 130 kilobytes); a scale must be included in the photograph.
(2)Â
Submit to the Police Department on a weekly basis a spreadsheet prescribed
by and available from the Police Department. The spreadsheet shall
include the date of transaction, name of customer, telephone number
of customer, name of shop, description of items, including make, model
number, serial number, color, size, markings/engravings, and amount
paid/loaned to customer.
[Amended 2-13-2006 by Ord. No. 12; 6-21-2011 by Ord. No.
98]
A.Â
Failure to comply with any requirement of this article shall result in a fine of $100 for the first offense and a fine of $300 for any second or subsequent offense. Each item purchased by the shopkeeper and which transaction fails to fully comply with the requirements of this Article V shall constitute a separate offense.
