As used in this chapter, the following terms shall have the
meanings indicated:
ACCEPTABLE IDENTIFICATION
Either:
A.
A current driver's license that includes the date of birth,
photograph, and physical description of the person offering the identification;
or
B.
Two other pieces of current identification, at least one of
which is issued by a governmental agency or subdivision and includes
the date of birth, photograph and physical description of the person
offering the identification.
POLICE CHIEF
The Chief of Police of the Town of Falmouth or her or his
designee.
REGULATED PROPERTY
The following used or secondhand property:
A.
Precious metals, including, but not limited to, any metal valued
for its character, rarity, beauty or quality, including gold, silver,
copper, platinum or other metals, whether as a separate item or in
combination with other items.
B.
Precious gems, including but not to limited to any gem valued
for its character, rarity, beauty or quality, including diamonds,
rubies, emeralds, sapphires or pearls, or other precious or semiprecious
gems or stones, whether as a separate item or in combination with
other items or as a piece of jewelry.
C.
Watches and jewelry containing precious metals or precious gems,
including, but not limited to, rings, necklaces, pendants, earrings,
brooches, chains, pocket watches, wristwatches, or stopwatches.
D.
Sterling silver flatware, including but not limited to knives,
forks, spoons, candlesticks, coffee and tea sets, or ornamental objects.
E.
Any electronic audio, video or photographic and optical equipment,
along with computer or computer equipment or recordings in any form.
F.
Any power tools or equipment.
H.
Sporting equipment and bicycles.
I.
Boats, planes, motorcycles, in whole or taken in parts, or any
other type machinery.
J.
Collectibles, including objects of art, coins, currency and
antique objects, but not including those items identified in § 136-9H,
below.
SECONDHAND DEALER
Has the same meaning as the term "junk dealer" and "keeper
of a shop for the purchase, sale or barter of junk, old metals or
secondhand articles" in MGL c. 140, § 54.
The Board of Selectmen is authorized to license suitable persons
to be dealers in and keepers of shops for the purchase, sale or barter
of junk, old metals or secondhand articles, subject to the provisions
of MGL c. 140, §§ 202 through 205, and may revoke such
licenses at pleasure.
Every collector of junk, old metals and secondhand articles
in this Town shall be licensed.
The licensed premises shall be subject to inspection by police
officers of the Town of Falmouth during all hours that the premises
are open to the public.
The licensee shall keep a detailed written record of every purchase, including serial numbers and a description thereof, the date of such purchase and the name and residential address of the person from or to whom such purchase was made. The acceptable identification per §
136-1 is required of each seller. This record shall be made available for inspection at all reasonable times for all state and local police officers.
A. A digital photograph will be taken of each item purchased as defined under "regulated property" in §
136-1, Subsections
A,
B and C. The photographs may be stored electronically, but are subject to the same recordkeeping requirements as listed in §
136-9A. Copies of the photographs will be made available to the Chief of Police in a timely manner and are subject to the same rights of inspection as listed in §
136-5.
B. The licensee shall cause to be delivered to the Falmouth Police Department,
on a weekly basis, a copy of all transactions recorded.
Any license shall be subject to suspension, revocation or modification
for any violation of these regulations or conditions of the license.
All weighing or measuring devices used by a licensee in the
conduct of the licensed business shall be tested and sealed by the
Town of Falmouth Weights and Measures Division prior to being placed
in service.
Auto salvage yards shall be exempt from this chapter.
Persons holding licensed yard sales and property sold at licensed
yard sales and hobbyists.
Each provision of this chapter shall be construed as separate.
If any part of this chapter shall be held invalid for any reason,
the remainder shall continue in full force and effect.