Second-hand Articles Bylaw
1. Persons, businesses, corporations, pawnbrokers, dealers who store (hereinafter referred to as “dealer”), keep for sale, deal, accept, sell, barter, in gold, silver, precious metals, junk or other second hand articles shall obtain a license therefor from the Board of Selectmen and shall register with the Norton Police Department. Applicants shall provide: the name of the business, owner, and store manager, if different; business address and residential addresses of the owner and store manager; business and personal phone numbers, email addresses and other relevant contact information for the owner and manager; and specify the proposed type of business.
2. For the purpose of this bylaw the term "precious metals" shall be defined as including gold, silver, sterling silver, platinum, palladium and rhodium. The term "precious gem" shall be defined as a cut or uncut and polished or unpolished precious stone or pearl including but not limited to diamond, opal, ruby, sapphire, emerald, pearl, amethyst, aquamarine, peridot and cat's eye.
3. Any dealer of the matters listed in Section 1 shall keep a legibly written record in the English language of every purchase or pawn transaction involving used precious metals made by such dealer, which shall contain the following information:
a. An account or description, including all distinguishing marks and or identifying numbers, of said jewelry, precious metals or precious metal items purchased;
b.The amount of money paid for such items, the time and date of purchase; and,
c The name and address of the person selling such item(s).
Every such dealer shall furnish a correct record of such transactions, containing all such information once a week (or more often if desired by the business owner) to the Chief of Police or his designee. The preferred method of submission shall be determined by the Chief of Police.
4.Any dealer shall require any person selling or otherwise providing to such dealer any of the items described in Section 1, except clothes and furniture (hereinafter referred to as “seller”), to provide:
a. A photocopy of the seller’s driver’s license or photo identification card; and
Any dealer accepting goods from a seller shall:
a. Prepare a sales slip that contains legibly written or printed description of the material purchased, date of purchase, printed name and signature of seller acknowledging that he/she legally owns the material offered for sale; and
b. Photograph the material offered for sale and maintain a copy thereof for the dealer’s records.
5. Any police officer shall be afforded access to the business to view the record book, sales slips, and photocopies of driver’s licenses at any time during regular business hours.
6. All precious metals or gems, junk or other second hand articles other than clothes and furniture regulated by this by-law that are purchased or pawned shall be held by the dealer for a minimum of fourteen (14) days unless said pawn transaction is earlier terminated with the repayment pursuant to a pawn agreement.
7. Trade-In Exception: The “purchase” and “sale” of covered goods does not include retail transactions in which a retailer accepts from a customer covered goods and, rather than providing funds in exchange, credits the value of those goods to another purchase by the customer.
8. Compliance with this By-law shall be monitored and enforced by the Norton Police Department.
Violations of any part of this bylaw shall be punished by a fine of $50.00 for each offense pursuant to the Town of Norton’s Non-Criminal Disposition By-law and M.G.L. Chapter 40, Section 21D. In addition to any other remedies available in law or in equity, the licensing authority may revoke, suspend or modify a license issued hereunder for any violation of the By-law.
9. The provisions of this By-law shall be severable, and if any of its provisions are held unconstitutional or invalid by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions.
(VOTED 5/13/13 – APPROVED 9/10/13)