[HISTORY: Adopted by the Town Meeting of the Town of Swansea 1-23-2012 STM by Art. 13. Amendments
noted where applicable.]
No person shall be a keeper of a shop or second hand dealer
in junk metals, old metals, precious metals, coins or collectibles,
electronic devices/media, or tools, unless licensed annually therefore
by the Board of Selectmen. The Board of Selectmen shall receive at
least $30 for each license so granted.
Every keeper of a shop for the purchase, sale or barter of junk,
old metals or secondhand articles, referred to as shopkeeper for the
purposes of this chapter, shall keep a computerized record of style
and design approved by the Chief of Police. Included shall be all
transactions of purchases, which shall be recorded in the English
language, and reflect the amount of the purchase.
For all purposes, every shopkeeper shall also require positive
identification and record the type of identification, identification
number and the date of birth from any person selling any article.
Positive identification shall mean any picture identification card
issued by a government agency.
The shopkeeper shall record the name and residence, date of
birth, and government identification number of the person selling
or pledging such articles. The shopkeeper shall furnish a correct
and complete record of such of such transactions by an approved method
once daily, or as otherwise determined by the Chief of Police, to
the Swansea Police Department. The above-described records shall be
transmitted electronically in a specifically stored format along with
any other information deemed necessary by the Chief of Police, or
his designee. No entry of said records shall be erased, obliterated,
defaced or changed.
Every shopkeeper shall photograph any person selling articles
and keep such photographs with said records. The required photographs
shall be clear and of such quality that the person selling the items
can be clearly identified. A photograph shall be required each time
a person makes a separate transaction. The photographs shall be stored
in a digitized format. The image must be retrievable and a clear copy
provided to police upon request.
The transaction records shall accurately describe all three
items including but not limited to, all distinguishing marks, model
names or number and serial numbers. Any etchings or engravings will
be noted. Any jewelry with affiliation of any institution or organization
shall include the name and year indicated along with inscribed initials.
Jewelry items inventoried shall include a complete description to
include the material, ring size, weight, chain length, shapes, carat
weight and color. Coins, stamps, collectable cards, autographed items,
figurines, or other collectibles of any description shall be recorded
with a complete description, including but not limited to all of the
following which may apply; particular identifying features such as
name of item, date denomination, color, size, brand name, vintage,
and image represented. Required elements of the description may be
amended by the Chief of Police or his designee, by written notice
to the Licensee.
All forms of media transmission whatsoever, (cassettes or video
tape, compact disc, DVD, electronic games, game cartridges etc. or
any future medium developed) shall be inventoried by the title and
artist. Any electronic, or computer, or computer associated equipment
or software shall have its identifying numbers and titles inventoried.
Articles purchased by a shopkeeper pursuant to this article
shall be retained by him/her on the premises occupied by him for his
business for at least two weeks (14 days) after the date of such purchase.
After the expiration of the applicable period of time, he may sell,
trade or otherwise dispose of as he sees fit.
All records required to be maintained by these regulations or
by any other statute, rule or regulation, shall be maintained for
the time required by the controlling statute, rule or regulation,
but in no event shall any records be maintained for less than two
years. Such records shall, at all times, be open for the inspection
of the Chief of Police, or his/her designee, and to members of the
Swansea Police Department.
No shopkeeper shall purchase or take in any item if it appears
that such item has had any serial numbers or any other identifying
marks, forged, altered, or obliterated. For the purpose of this rule,
identifying marks shall include, but not be limited to engravings,
initials, or similar inscriptions.
A.
A shopkeeper or other person in charge of such premises who refuses
to admit thereto an officer authorized to enter the same, or who fails
to exhibit to him on demand all such articles, books and inventories,
and any person who willfully hinders, obstructs or prevents such Officer
from entering the premises of, or from making examination authorized
in the preceding sections or who fails to maintain proper records
as required herein shall be punished by a fine of not more than $200.
B.
Whoever, not being licensed, carries on such business or is concerned
therein within the Town of Swansea, or, being licensed, carries on
such business or is concerned therein in any other place or manner
than that designated in his license or after notice to him that his
license has been revoked shall be punished by a fine of not more than
$100.
