[HISTORY: Adopted by the Town Council of the Town of Smithfield 8-2-1955 (Ch. 12, Art. VIII, of the 1985 Code of Ordinances). Amendments noted where applicable.]
General business licensing — See Ch. 236.
No person shall engage in the business of selling, purchasing, bartering and dealing in junk, old metal and any other secondhand articles unless said person has been licensed to so operate by the Town Council.
Any person who shall engage in said business without such license, or in violation of any of the provisions of this chapter, upon conviction shall be subject to a maximum fine of $200 or imprisonment not exceeding six months.
Upon application duly made, a date for a public hearing will be set by the Town Council. Notice of the time and place of such hearing shall be posted seven to 14 days prior to the hearing in not less than two public places in the Town, and shall be published in a newspaper of general circulation within the Town at least once a week for three successive weeks prior to the date of such hearing. The Town shall collect from the applicant the cost of posting and publishing the notice. At the hearing, opportunity shall be given all persons interested to be heard upon the matter of the said application for license. All persons who are the owners or occupants of the land within 200 feet of the proposed site of carrying on of said business shall be given personal notice of the time and place of said hearing.
The Town Council may grant a license under this chapter for a term not exceeding one year, subject to such conditions and restrictions as the Town Council may prescribe.
The fees for a license under this chapter shall be as follows:
$25 for the keeper of a shop or storehouse for the reception of any junk, old metals or other secondhand articles;
$5 for any foundryman or other person receiving the same for the purpose of melting the same or converting the same into castings; and
$5 for any gatherer of the same in any bag, wagon or cart.
No license shall be granted under this chapter to the keeper of any shop or storehouse for the reception of any junk, old metals or other secondhand articles, in any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the Town Council their objections in writing to the granting of such license.
The burden of and responsibility for furnishing names and addresses of owners and occupants of land within 200 feet of the proposed site for a license to deal in junk, old metals and other secondhand articles shall be placed on the applicant for said license.
The applicants for license to deal in junk, old metals and other secondhand articles shall defray the expense of advertising and sending notices to owners and occupants of land within 200 feet of proposed licensed premises.
All licenses to deal in junk, old metals and other secondhand articles expire on March 15 of each year.