Town of Easton, MA Chapter 156 Junk, Old and Precious Metals and Secondhand Articles

[HISTORY: Adopted by the Annual Town Meeting of the Town of Easton 5-18-2009 by Art. 40;[1] amended in its entirety 11-19-2012 STM by Art. 10. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 175.

Yard sales — See Ch. 193.

[1] Editor's Note: This bylaw also repealed former Ch. 156, Junk Dealers and Collectors, adopted 3-3-1924 ATM by Art. 7 (Art. 9 of the 1922 Bylaws), as amended.

§ 156-1 License required.

A. Every person who is in the business of collecting, dealing in, or keeping a shop for the purchase, sale, resale or barter of junk, old and precious metals and/or secondhand articles, shall be licensed by the Select Board.

[Amended 5-20-2019 ATM by Art. 21]

B. For the purpose of this chapter, the term "precious metals" shall include any precious metal such as gold, silver, or platinum, without regard to the form or amount of such precious metal, or whether or not such precious metal is an incidental or minor component or some other article such as jewelry, bric-a-brac, statuary, automotive parts, or the like.

C. No licenses shall be issued hereunder for a Junk Yard as defined by the Town of Easton Zoning Bylaw.[1]

[1] Editor's Note: See Ch. 235, Zoning.

§ 156-2 Application for license; term; fee.

A. Each application for a license shall be made in writing to the Select Board and set forth the name of the party licensed, the nature of the business and the building or place in which it is to be carried out.

[Amended 5-20-2019 ATM by Art. 21]

B. Each license shall be issued on a location specific basis and shall be for a period of one year unless sooner revoked by the Select Board.

[Amended 5-20-2019 ATM by Art. 21]

C. Licenses under this bylaw may be issued only after notice and a public hearing.

D. The fee for each such license shall be determined by the Select Board.

[Amended 5-20-2019 ATM by Art. 21]

E. The license shall be clearly and prominently displayed in a suitable and conspicuous place on the premises.

F. Such license shall run from April until May of the following year.

§ 156-3 Condition of licensed premises.

A. All portions of the licensed premises shall be kept clean and well lit. Merchandise shall be so displayed and arranged as to permit customers to have easy access and to be able to move freely about the premises without obstruction.

B. No merchandise shall be displayed off the licensed premises, including on public ways or sidewalks.

§ 156-4 Purchases from persons less than 18 years of age prohibited.

No junk dealer, old and precious metal dealer or secondhand article dealer or any employee thereof shall directly or indirectly purchase or receive by way of barter or exchange any junk, old and precious metals or secondhand articles from a person under the age of 18 years.

§ 156-5 Record of purchases of any precious metals, or other items valued over $500; examination and inspection of records and articles.

A. Every junk dealer, old and precious metal dealer or secondhand article dealer shall keep a book in which shall be written at the time of each purchase of any precious metal, or other items valued over $500, a description thereof, the name, age and residence of the person from whom the purchase was made, and the day and hour when such purchase was made. A photographic record of all precious metals, or other items valued over $500, shall be taken and maintained. Photocopies of picture identification shall be taken and maintained for any person who sells or barters an item of precious metals, or other items valued at over $500.

B. A list of all purchases and acquisitions of precious metals or other items valued over $500 shall be submitted to the Easton Police Department within one week of such purchase or acquisition.

C. The Chief of Police or his designee shall at all times have the authority to inspect or examine all books kept by the dealer or keeper of the shop and shall have the right to inspect and examine all articles and merchandise therein.

§ 156-6 Precious metals, or other items valued over $500, purchased or received to be retained for 21 days.

No precious metal, or other item valued over $500, purchased or received by any dealer or keeper of a shop licensed under this chapter shall be removed from the town, sold, or otherwise disposed of for at least 21 days from its date of purchase or acquisition unless permission has been obtained from the Chief of Police or his designee who may request to inspect or photograph the item.

§ 156-7 Testing of weighing and measuring devices.

All weighing or measuring devices used by a licensee in the conduct of the licensed business shall be tested and sealed by the Commonwealth of Massachusetts Division of Standards prior to being placed into service. All weighing and measuring devices shall thereafter be inspected and tested on an annual basis.

§ 156-8 Rules and regulations.

[Amended 5-20-2019 ATM by Art. 21]

The Select Board may adopt rules and regulations governing the issuance and conduct of business for the sale of junk, old and precious metals and secondhand articles pursuant to the authority granted by MGL Chapter 140, § 54 and the authority granted by this chapter.

§ 156-9 Suspension or revocation of license.

[Amended 5-20-2019 ATM by Art. 21]

Any license issued hereunder may be suspended or revoked, after a notice and hearing, for cause or violation of this chapter and/or the Select Board's rules and regulations.

§ 156-10 Enforcement and penalties.

Violations of this chapter shall be subject to a fine of $300. Each day the violation exists shall constitute a separate offense. This penalty may be enforced pursuant to Chapter 50 of the Code of the Town of Easton, Noncriminal Disposition of Violations.

§ 156-11 Severability.

If any provision of this chapter is held to be invalid, it shall not affect the validity or application of the remaining provisions, or take any other action relative thereto.