As used in this article, the following terms shall have the
meanings indicated:
Any group of five or more unrelated persons selling tangible
used or secondhand personal property or collectors' items to the public.
Any person who provides tables, space or otherwise operates
a flea market.
Any person who sells goods at a flea market.
A person, firm or corporation engaged in the business of
buying, selling, exchanging, dealing in or dealing with secondhand
articles, except for a person licensed as a flea market seller. In
the event any such articles are taken in trade for another or similar
article by a retail or wholesale establishment, such transaction shall
not be considered as coming within the requirements of this article.
No person, firm or corporation shall engage in the business of a secondhand dealer as herein defined without obtaining and maintaining a valid secondhand dealer license from the City. Licenses shall be obtained in accordance with the requirements of Article I of this chapter. Once issued, licenses shall be posted in a conspicuous place at the licensed premises.
Every secondhand dealer, upon acquisition of any article either
by purchase or exchange, shall complete transaction records, blanks
of which shall be furnished by or approved by the Police Chief or
his/her designee, stating the full name and address of the seller,
the month, date and year on which the transaction took place, and
a full and detailed description of each article so purchased or exchanged
together with any applicable identification numbers, with the price
paid therefor, and cause such record to be signed by the seller in
person. Before recording this information, the secondhand dealer shall
require reasonable written proof of the seller's identification in
the form of a motor vehicle operator's license, military identification
card, adult state-issued identification card or similar item. The
relevant information in the record shall be electronically or otherwise
reported to the Police Chief or his/her designee, together with a
digital photograph of the article purchased or exchanged, within 48
hours thereafter, unless earlier electronically reported to a duly
authorized police officer upon request. The Police Chief or his/her
designee may require that notice of transactions be provided in an
alternative manner or to additional locations. The secondhand dealer
shall retain the record, including the photograph, in his or her possession
for a period of not less than two years, during which time the record
may be inspected at any and all reasonable times by any police officer.
The secondhand dealer shall also keep a record of any purchaser of
a secondhand item, together with a description of the item purchased.
Any article purchased by a secondhand dealer shall be retained
on the premises for not less than 10 days unless the Police Chief
or his/her designee authorizes an earlier release of the article.
No secondhand dealer shall directly or indirectly either purchase
or receive by way of barter or exchange any goods or articles from
a minor, knowing or having reason to believe him or her to be such,
unless the minor is accompanied by his or her parent or guardian.
In addition to the display of licenses required by this chapter
for all licensees, every secondhand dealer shall post in a conspicuous
location in his or her place of business a copy of the Maine statutes
applicable to secondhand dealers, including but not limited to 30-A
M.R.S.A. § 3971, and a copy of this article.
Except to the extent that this article contains a contrary provision,
all provisions of 30-A M.R.S.A. § 3971, as may be amended
from time to time, shall be additional to the provisions of this article.
A.
Any person who provides tables, space, or otherwise operates a flea
market shall obtain a license from the City. There shall be no purchasing
of goods by a flea market seller from any person, except another flea
market seller at the flea market prior to the opening of the flea
market to the general public. No food shall be sold at a flea market
unless required licenses have been obtained. Any individual selling
or working at a table or tables shall obtain a flea market seller's
license. Related individuals working at the same table or tables need
only obtain one flea market seller's license which lists all the individuals
involved in selling. As used in this subsection, "related individuals"
shall mean and include persons who are related by either affinity
or consanguinity and reside at the same address. Persons who sell
only craft items made by the flea market seller shall not be required
to obtain a flea market seller's license. The flea market operator
shall exclude from participation in any flea market any person the
operator knows is required to obtain a flea market seller's license
who does not present proof of such licensing or whom the operator
knows has been barred from selling under this section. No person under
the age of 18 shall be permitted to sell goods or work as a flea market
seller unless his or her parent or guardian has given permission.
B.
Persons who are licensed as secondhand dealers must also obtain a
flea market seller's license if they wish to participate in a flea
market. Such licensed secondhand dealers shall at all times comply
with the requirements of their secondhand dealer's license as well
as the provisions of this section.
