[HISTORY: Adopted by the Town Meeting of the Town of Sharon
as Art. 7 of the Town Bylaws. Amendments noted where applicable.]
No person shall keep a shop for the purchase, sale or barter
of junk, gold, silver, platinum, jewelry, old metals, secondhand articles,
electronics and no person shall collect, by purchase or otherwise,
junk, old metals, or secondhand articles from place to place in this
Town without a license issued by the Select Board and signed by the
Town Clerk, in accordance with the provisions of MGL c. 140, §§ 54,
55, 202 and 205, relating to the licensing of dealers in and keepers
of shops for the purchase, sale or barter of junk, old metals, secondhand
articles, or electronics.
Every dealer licensed under this bylaw shall prepare a record
(hereinafter, "transaction record") of the acquisition of any article,
good, or item subject to licensing hereunder, regardless of the manner
of acquisition. Transaction records shall be submitted to the Chief
of Police or his designee on a weekly basis with a record of all transactions,
including the date and time of sale, amount, seller's name and address,
date of birth, driver's license number and an itemized list and detailed
description of each article, including names or "etchings" or serial
numbers. Each licensee shall also take a color photograph of each
item purchased and a color photograph of each person selling said
items. Each transaction record shall be legible and written in English.
The required reports and photographs may be stored and transmitted
electronically in a format which is approved by the Chief of Police.
No dealer licensed under this bylaw shall sell, barter, exchange,
encumber, remove from the premises, or otherwise dispose of any article
received under this bylaw, or disguise, secrete, or alter the appearance
of any such article until 30 days have elapsed since receipt of the
article and until the transaction record detailing the article's receipt
has been transmitted to the Chief of Police.
No dealer licensed under this bylaw shall purchase, barter for,
or otherwise acquire, directly or indirectly, any article from anyone
under the age of 18.
Any dealer licensed under this bylaw receiving any article under
circumstances that would cause a reasonable person in the position
of the licensed dealer to question whether the article might be stolen
shall immediately report receipt of the article to the Chief of Police
and shall immediately make the article available to the Police Department
for inspection and identification.
A.
The following penalties shall apply to violations of this bylaw and
shall be enforceable through criminal indictment or complaint under
MGL c. 40, § 21, or by noncriminal disposition under MGL
c. 40, § 21D:
B.
In addition, for one or more violations of this bylaw over any period
of time, the Select Board may revoke any license in accordance with
MGL c. 140, § 54, or may impose any other sanction up to
revocation, including but not limited to written warning, probation,
imposition of conditions, or suspension.
