[HISTORY: Adopted by the City of Rochester 6-6-1995 as § 26.4 and Ch. 34 of the
1995 Code; amended 5-1-2007. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person, firm or corporation engaged in the purchase, sale
or barter of old iron, steel, chain, aluminum, brass, copper, tin,
lead or other base metals, belting, wastepaper, old rope, old bags,
bagging barrels, piping, rubber, glass, empty bottles and jugs of
all kinds and quantities of less than one gross, and all other articles
discarded or no longer used as manufactured articles composed of any
one or more of the materials hereinbefore mentioned.
A person, firm or corporation engaged in the business of
selling, exchanging, dealing in or dealing with secondhand articles,
including but not limited to firearms, opera glasses, telescopes,
watches, clocks, diamonds or other precious metals, jewelry, furs,
fur coats, or other kinds of wearing apparel, antique furniture, furnishings,
glass and dishes, musical instruments, radios, automobile accessories,
office and store fixtures and equipment, gas and water meters, and
all classes of fixtures and their connections. For purposes of this
definition, yard sales, flea markets, garage sales, attic sales or
a similar commercial activity established as a business for the sale
of other people's property as described in this chapter or such a
sale that exceeds three days' duration or is held more than three
times a year shall be considered a secondhand dealer. In the event
any such articles are taken in trade for another or similar article
by a retail or wholesale establishment, such transactions shall not
be considered as coming within the requirements of this chapter.
[Amended 10-15-2013]
No person, firm or corporation shall engage in the business
of junk dealer or secondhand dealer as herein defined unless licensed
therefor by the Licensing Officer who shall be the Director of Building,
Zoning, and Licensing Services.
[Amended 2-3-2015; 6-2-2015]
A.
Formal application required. Applications for licenses shall be made
to the Licensing Officer. The application shall:
(1)
Form of application. Be a written statement upon forms provided by
the Licensing Officer; such forms shall include such affidavits to
be sworn to by the applicant before a notary public or justice of
the peace of this state as the Licensing Officer shall deem necessary.
(2)
Contents of application. Require the disclosure of any information
which the Licensing Officer shall find to be reasonably necessary
to the fair administration of this chapter. This shall always include
the requirement of providing an up-to-date criminal history to the
Licensing Officer.
[Amended 4-6-2021]
(3)
Payment of fees. The application shall be accompanied by the full
amount of fees chargeable for such license. The fee for a junk dealer's
license or secondhand dealer's license or any renewal thereof granted
under the provisions of RSA 322 shall be fifty dollars ($50.) a year,
payable in advance.
[Amended 3-5-2019]
B.
Renewal of license procedure. The applicant for renewal of a license
shall submit an application to the Licensing Officer. The application
shall:
(1)
Form of application. Be a written statement upon forms provided by
the Licensing Officer; such forms shall include such affidavits to
be sworn to by the applicant before a notary public or justice of
the peace of this state as the Licensing Officer shall deem necessary.
(2)
Contents of application. Require the disclosure of any information
which the Licensing Officer shall find to be reasonably necessary
to the fair administration of this chapter and the disclosure of such
information concerning the applicant's conduct and operation of the
licensed activity during the preceding licensed period as is reasonably
necessary to the determination by the Licensing Officer of the applicant's
eligibility for a renewal license. This shall always include the requirement
of providing an up-to-date criminal history to the Licensing Officer.
[Amended 4-6-2021]
C.
Fitness investigation. Upon receipt of any license application or
application for license renewal, the Licensing Officer shall forward
said application to the Chief of Police who shall cause an investigation
to be made of the fitness of the applicant to engage in the business
of a junk dealer or secondhand dealer and report his/her findings
to the Licensing Officer prior to the Licensing Officer's acting upon
said application.
D.
Notice. The Licensing Officer shall notify any applicant of the acceptance
or rejection of his/her application and shall, upon his/her refusal
of any license, state in writing the reasons therefor and deliver
them to the applicant.
E.
Non-approval of license. The Licensing Officer shall, upon disapproving
any application submitted under the provisions of this chapter, refund
to the applicant all fees paid in advance, provided the applicant
is not otherwise indebted to the City.
F.
Compliance pending legal action. When the issuance of a license is
denied and any action is instituted by the applicant to compel its
issuance, such applicant shall not engage in the activity for which
the license was refused unless a license is issued to him/her pursuant
to a judgment ordering the same.
[Amended 2-3-2015; 6-2-2015]
Any person aggrieved by any decision of the Licensing Officer
shall have the right to appeal to the Licensing Board by filing a
written appeal with the City Manager within three business days following
the effective date of the action or decision complained of.
A.
Contents of appeal. The appeal shall set out a copy of the order
or decision appealed from and shall include a statement of facts relied
upon to void such order together with any defenses, legal objections
or explanations which the appellant wishes the Board to consider.
[Amended 3-5-2019]
B.
Notification of Licensing Officer. At the time of filing the appeal,
a copy thereof shall be filed by the appellant with the Licensing
Officer.
C.
Hearing. The City Manager shall fix a time and place for hearing
the appeal and shall serve a written notice upon the appellant informing
him/her thereof. The City Manager shall also give such notice to the
Licensing Officer and the officer shall be entitled to appear to defend
such order.
D.
Effect of decision. The findings of the Licensing Board shall be
served upon the appellant as required herein.
Such license shall expire on April 1 of each year, unless sooner
revoked, and shall not be assigned or transferred, but it may be revoked
at any time by the Licensing Board after notice and hearing for just
cause.
No junk dealer or secondhand dealer shall, directly or indirectly,
either purchase or receive, by way of barter or exchange, any of the
articles aforesaid of a minor under the age of 18 years, knowing or
having reason to believe him/her to be such, except when said minor
shall be accompanied by a parent or legal guardian who shall sign
the transaction record in person before said dealer.
[Amended 10-15-2013]
A.
Secondhand dealers. Every secondhand dealer, upon acquisition of any article, either by purchase or exchange, enumerated in the definition of "secondhand dealer" in § 110-1 hereof, shall prepare and keep a written record of the transaction stating the full name, address, month, day and year when the transaction took place, and a full, accurate, and detailed description of each article so purchased or exchanged, with the price paid therefor, and cause said record to be signed by the seller in person. A copy of said record shall be available for inspection by any Rochester police officer or the Rochester Director of the Building, Zoning, and Licensing Services Department at any and all times.
B.
Junk dealers. Every junk dealer, upon the acquisition of any items enumerated in the definition of "junk dealer" in § 110-1 hereof, shall keep a permanent record of such transactions which shall include a full, accurate, and detailed description of the item with the full name and address of the seller, together with the registration number of any vehicle used by said seller in delivery of said items and the month, day and year of said transaction. A copy of said record shall be available for inspection by any Rochester police officer or the Rochester Director of the Building, Zoning, and Licensing Services Department at any and all times.
Specifically excluded from the provisions of this chapter are
the following:
Any person, firm, corporation or association violating any of
the provisions of this chapter, in addition to the revocation of his/her
or its license, shall be liable to a fine or penalty of not more than
one hundred dollars ($100.) for each offense.
Each provision of this chapter shall be deemed independent of
all other provisions herein, and if any provision of this chapter
is declared invalid, all other provisions thereof shall remain valid
and enforceable.
