[HISTORY: Adopted by the Licensing Authority of the Town
of Barnstable 10-17-2016. Amendments
noted where applicable.
Either:
A current driver's license that includes the date of birth,
photograph, and physical description of the person offering the identification;
or
Two other pieces of current identification, at least one of
which is issued by a governmental agency or subdivision and includes
the date of birth, photograph and physical description of the person
offering the identification.
The Chief of Police of the Town of Barnstable or her or his
designee.
The following used property:
Precious metals, including, but not limited to, any metal valued
for its character, rarity, beauty or quality, including gold, silver,
copper, platinum or other metals, whether as a separate item or in
combination with other items.
Precious gems, including, but not limited to, any gem valued
for its character, rarity, beauty or quality, including diamonds rubies,
emeralds, sapphires or pearls, or other precious or semiprecious gems
or stones, whether as a separate item or in combination with other
items or as a piece of jewelry.
Watches and jewelry containing precious metals or precious gems,
including, but not limited to, rings, necklaces, pendants, earrings,
brooches, chains, pocket watches, wristwatches, or stopwatches.
Sterling silver flatware, including, but not limited to, knives,
forks, spoons, candlesticks, coffee and tea sets, or ornamental objects.
Any electronic audio, video or photographic and optical equipment
along with computer or computer equipment or recordings in any form.
Any power tools or equipment.
Musical instruments.
Sporting equipment.
Automobiles, boats, planes, motorcycles in whole or taken in
parts, or any other type machinery.
Collectibles, including objects of art, coins, currency and antique objects, but not including those items identified in § 508-8H.
Shall have the same meaning as the term "junk collector"
in MGL c. 140, § 56.
Shall have the same meaning as the term "junk dealer" and
keeper of a shop for the purchase, sale or barter of junk, old metals
or second handarticles in MGL. c. 140, § 54.
A.
Secondhand collectors and secondhand dealers must obtain a license
to conduct said activities.
B.
The Licensing Authority of the Town of Barnstable may after notice
and a public hearing deny an original or renewal application for a
secondhand dealer or secondhand collector license or revoke an issued
license if it has probable cause to believe any of the following conditions
exist after a public hearing:
(1)
The applicant, or any person who, in part or whole, owns, manages
or operates the secondhand dealer or secondhand collector business,
has owned or operated a secondhand dealer or secondhand collector
business regulated under this regulation or any substantially similar
license and, within the five years prior to the application date,
has had a secondhand dealer or secondhand collector license revoked
for a reason that would be grounds for a denial or revocation pursuant
this chapter.
(2)
The secondhand dealer or secondhand collector business has been found
to constitute a public nuisance.
(3)
The licensee applicant, or any person who, in part or whole, owns,
manages or operates the secondhand dealer or secondhand collector
business, has been convicted of a felony or any crime involving a
false statement or within 15 years prior to the application date,
the applicant has:
(4)
A lawful inspection of the secondhand dealer or secondhand collector
business premises by the Police Chief or his designee has been unjustifiably
refused by a person who, in part or whole, manages or operates the
business.
(5)
The secondhand dealer or secondhand collector business, the applicant
or any person who, in part or whole, owns, manages or operates the
secondhand dealer or secondhand collector business, has more than
five violations of these regulations, any state or federal law, or
any combination thereof within a two-year period, including the two
years prior to the application date.
(6)
The secondhand dealer or secondhand collector business, the applicant
or any person who, in part or whole, owns, manages or operates the
secondhand dealer or secondhand collector business has been convicted
of any law of the Commonwealth of Massachusetts that is contrary to
the type of secondhand business to be conducted, such as, but not
limited to: receiving stolen property, any form of breaking and entering,
larcenies from a person, or any other form of larceny, or any form
of aggravated assault, as verified by a CORI by the Police Chief or
his designee.
(7)
Such other grounds as the Authority determines to be in the public
interest or in violation of the conditions of the license or any law
or regulation of the commonwealth or the Town of Barnstable.
A.
Whenever necessary to make an inspection to enforce the provisions
of this chapter, or when the Police Chief or his designee has reasonable
grounds to believe more likely than not that a specific item of regulated
property held by a secondhand dealer or secondhand collector is associated
with criminal conduct, the Police Chief or his designee may enter
the premises of the secondhand dealer or secondhand collector at any
reasonable time, provided that the premises are occupied at the time
of entry and the Police Chief or his designee presents proper official
identification at or near the time of entry. If entry is refused,
the Police Chief or his designee shall have recourse to every remedy
provided by law to secure entry, including an administrative search
warrant or a criminal search warrant.
B.
Authority to inspect secondhand dealer or secondhand collector premises
under this regulation is in addition to and not in limitation of the
authority the Town or the Police Chief or any police officer would
otherwise have to enter the business premises.
C.
Once allowed to enter the premises of the secondhand dealer or secondhand
collector, the Police Chief or his designee may inspect property kept
there. The Police Chief or his designee may also inspect the business
records associated with regulated property and perform any duty imposed
upon the Town or the Police Chief by this regulation.
A.
The Police Chief or his designee shall design a purchase report form
and make copies available to all secondhand dealers or secondhand
collectors. Secondhand dealers or secondhand collectors shall utilize
these forms, or any other substantially similar form approved by the
Police Chief, to record purchases of regulated property. The form
may request any information reasonably calculated to help the Police
Chief identify the purchaser, the seller or the property associated
with the purchase of regulated property.
B.
Whenever a secondhand dealer or secondhand collector purchases regulated
property for business purposes, the secondhand dealer or secondhand
collector shall obtain acceptable identification from the seller along
with the seller's current residence address. The secondhand dealers
or secondhand collectors shall fill out a purchase report form in
all relevant aspects at the time of the purchase. A purchase report
form as required to be filled out by this section shall be filled
out in legible English. The seller shall sign his or her name on the
filled-out form.
C.
A digital photograph will be taken of each item purchased as defined under "regulated property" in § 508-1. The photograph may be stored electronically, but is subject to the same recordkeeping requirements as listed in Subsection A. Copies of the photographs will be made available to the Chief of Police in a timely manner, and are subject to the same rights of inspection as listed in § 508-8.
D.
The licensee shall cause to be delivered to the Barnstable Police
Department, on a weekly basis, a copy of all transactions recorded
in the ledger on the form provided.
E.
If, during the preceding week such secondhand dealer or secondhand
collector has taken no articles in, he/she shall make out and deliver
to the Police Department a report of such fact.
A.
All licenses shall be conspicuously posted in an accessible place
on the licensed premises, available at all times to the proper authorities.
B.
Notice requirements.
(1)
A secondhand dealer shall post the following notice no smaller than
8 1/2 inches by 11 inches with lettering no smaller than 1/4
of an inch in height outside each point of entry intended for patron
use and at or near each place where a secondhand dealer purchases
used property in the regular course of business.
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NOTICE:
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The sale or attempted sale of property to a secondhand dealer
without consent of the property's owner is punishable by a civil
penalty not to exceed $300 per item.
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Don't sell property without consent of the property's
owner. You will be held strictly liable for violation of this law.
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(2)
If a significant number of the patrons of the regular secondhand
dealer use a language other than English as a primary language, the
notice shall be worded in both English and the primary language or
languages of the patrons.
A.
A secondhand dealer or secondhand collector shall not make any cash
purchase in an amount that exceeds $50.
B.
A secondhand dealer must not carry on the business of buying or selling
secondhand property except at the premises designated in the dealership
license.
C.
A secondhand dealer must not purchase any property whose serial number
or other identifiable marking has been wholly or partially tampered
with or removed.
D.
A secondhand dealer or secondhand collector may not purchase any
item from any person under the age of 18.
A.
A copy of every purchase report form filled out as required by this
chapter shall be kept on the premises of the secondhand dealer or
secondhand collector business during normal business hours for at
least three years from the date of purchase. The report form shall
be subject to inspection by the Police Chief or his designee.
B.
All regulated property in the categories of precious metals or precious gems, defined in § 508-1, purchased by a secondhand dealer or secondhand collector and required to be recorded on a purchase report form shall be held by said secondhand dealer or secondhand collector for at least 21 days from the date of purchase.
C.
All other regulated property purchased by a secondhand dealer or
secondhand collector and required to be recorded on a purchase report
form shall be held by said secondhand dealer or secondhand collector
for at least 21 days from the date of purchase.
D.
The secondhand dealer or secondhand collector shall maintain the
property in substantially the same form as when purchased and shall
not alter, exchange or commingle the property. During the holding
period, the regulated property shall be kept on the business premises
during normal business hours and shall be subject to inspection by
the Police Chief or his designee.
E.
The Police Chief or his designee may give written notice to a junk dealer or junk collector holding regulated property that the Police Chief or his designee has reasonable grounds to believe more likely than not a specific item of regulated property is associated with criminal conduct. The secondhand dealer or secondhand collector holding the regulated property shall then continue to hold the property specified in the notice in the same manner and place as required under Subsection B of this section until released by the Police Chief.
F.
The holding period for any item of regulated property shall not exceed
180 days from the date of purchase.
G.
A secondhand dealer or secondhand collector may from time to time
request in writing that the Police Chief shorten the length of the
holding period. If the Police Chief or his designee determines relief
from the holding period is appropriate due to unreasonable hardship,
the Police Chief or his designee shall provide the secondhand dealer
or secondhand collector who requested relief with written authorization
to sell, transfer or otherwise dispose of the regulated property.
The request shall identify the property and state the basis or bases
of the unreasonable hardship or hardships. The authorization shall
be effective only upon delivery of the written authorization to the
secondhand dealer.
H.
Secondhand dealers, retailing or wholesaling used property limited to the following, are exempt from Subsection B above:
(1)
Used clothing, furniture, costume jewelry, knickknacks, footwear,
and houseware items such as dishes, pots, pans, cooking utensils,
and cutlery; or
(2)
Used clothing, furniture, costume jewelry, footwear and houseware
items such as dishes, pots, pans, cooking utensils and cutlery, obtained
only from or through a registered charity or by donations; or
(3)
Used books, papers, or magazines.
A.
All weighing or measuring devices used by a licensee in the conduct
of the licensed business shall be tested and sealed by the Town of
Barnstable Weights and Measures Division prior to being placed in
service.
A.
Violation of any provision of this chapter may be prosecuted, as
a criminal matter or as an administrative procedure or by the method
provided in MGL c. 40, § 21D. Each violation shall be considered
separately.
B.
Whoever violates the provisions of this chapter shall be fined not
more than $300. The Licensing Authority may suspend, revoke or modify
any license issued by it whenever it has reasonable cause to believe
the licensee has violated the terms, conditions or regulations pertaining
to such license. Any violation of this chapter enforced by the methods
provided in MGL c. 40, § 21D, shall be subject to a fine
of $250.
A.
Each provision of this chapter shall be construed as separate. If
any part of this chapter shall be held invalid for any reason, the
remainder shall continue in full force and effect.
