ARTICLE VI. - JUNK AND SECONDHAND DEALERS
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (5) --- State Law reference— Secondhand dealers, G.L. 1956, § 5-21-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 12-217. - Article not applicable to certain shopkeepers.#
This article shall not apply to keepers of shops for the purchase, sale or barter of books, pamphlets, periodicals or household furniture.
(Code 1973, § 14-48; Code 1994, § 12-106; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-218. - Hours of business.#
No keeper of any junk shop, shop or storehouse shall do or suffer to be done any business therein between the hours of 7:00 p.m. and 7:00 a.m.; except, that a keeper in used and secondhand motor vehicle premises may do or suffer to be done business on such yard or premises for the purpose of buying, selling, trading or dealing at any and all reasonable times except between the hours of 11:00 p.m. and 7:00 a.m.
(Code 1973, § 14-45; Code 1994, § 12-107; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-219. - Dealing with minors.#
No person licensed under this article shall, directly or indirectly, either purchase or receive in barter or exchange any junk, old metals, motor vehicles, parts, accessories or secondhand articles from any minor, unless such minor is licensed in accordance with the provisions of this article.
(Code 1973, § 14-47; Code 1994, § 12-110; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-220. - Record to be kept; information to be shown.#
Every person licensed under this article, except licensed gatherers, shall keep in a book obtained from or under the direction of the city clerk a contemporaneous record, in ink and in the English language, of the business done by him, as follows: (1)
A description of every article purchased or sold by him, at the time of such purchase or sale.
(2)
The name and residence of the person from whom or to whom each article was purchased or sold.
(3)
The day and hour of each purchase or sale.
(Code 1973, § 14-41; Code 1994, § 12-111)
Sec. 12-221. - Inspections.#
The book of record required to be kept by section 12-220 and every shop, storehouse, yard and premises, bag, wagon, cart, conveyance or foundry or place of business of any person licensed under this article shall be subject to the inspection and examination of the director of public safety and any member of the police division.
(Code 1973, § 14-42; Code 1994, § 12-112)
Sec. 12-222. - Daily reports to police.#
Every person licensed under this article, except a gatherer, shall, every day except Sundays, between the hours of 7:00 a.m. and 11:00 a.m., deliver to the chief of police at his office on blank forms to be prescribed by the chief a legible and correct transcript from the book kept by such licensed person as provided for in section 12-220 showing the business done by such person during the business day immediately preceding.
(Code 1973, § 14-44; Code 1994, § 12-113)
Sec. 12-223. - Property not to be sold for ten days; to be kept separate and distinct during such period; exceptions.#
Every person licensed under this article shall keep any property purchased or received by him for a period of ten days. During such period, such property shall be kept separate and distinct and shall not be disfigured or treated in any way by which its identity may be destroyed or affected; except, however, that any person licensed as a gatherer may at any time sell any such property to a keeper of a shop, yard, premises or storehouse or a foundryman within the city or other person licensed as provided in this article; and except that any keeper of a shop, yard, premises or storehouse or any foundryman or other person licensed under this article may dispose of, sell or melt such property within such period of ten days upon permission in writing from the chief of police or from such person as he shall designate to act for him. Such permission shall be given upon proof that the property is not stolen.
(Code 1973, § 14-43; Code 1994, § 12-114; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-224. - Gatherer's badge.#
(a)
Every gatherer of junk or secondhand articles, when licensed by the city council, shall obtain from the city clerk a badge and shall at all times wear such badge conspicuously.
(b)
Reserved.
(c)
Reserved.
(d)
Not to be worn after expiration or revocation of license. No person shall wear any gatherer's badge after the expiration or revocation of the license represented by it.
(e)
Use by another. Any licensed gatherer who shall suffer any badge issued to him to be used by another person for a purpose similar to that for which the badge was issued to him shall forfeit the badge, together with the license represented by it.
(Code 1973, §§ 14-35—14-39; Code 1994, § 12-133; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Secs. 12-225—12-241. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 12-242. - Required.#
No person shall engage in the business of purchasing, selling, bartering, dealing or trading in junk, old metals, used and secondhand motor vehicles or any secondhand articles, whether as keeper of a shop, yard, premises or storehouse for the reception of the same or as a gatherer of the same in any bag, cart or conveyance, or as a foundryman or other person receiving the same for the purpose of melting the same or of converting the same into castings, or as a used parts dealer, or for the purpose of dismantling the same, unless such person shall be duly licensed by the city council by a license duly issued by the city clerk and subject to the conditions and restrictions provided in this article.
(Code 1973, § 14-27; Code 1994, § 12-126; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-243. - Application.#
(a)
Every applicant for any license required by section 12-242 shall set forth, with full particulars upon a form to be furnished by the city clerk, the following information:
(1)
Name and address, both of residence and of business, of the applicant.
(Code 1973, § 14-28; Code 1994, § 12-127; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-244. - Advertising application; hearing.#
All applications for a license to keep a shop, yard, premises or storehouse regulated by this article shall be advertised, notice of hearing provided, and a hearing had thereon before the license shall be granted. The cost of such advertisement shall be paid by the applicant at the time of filing his application therefor.
(Code 1973, § 14-29; Code 1994, § 12-128; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-245. - Fees.#
(a)
The fees for a junk or secondhand dealer's license shall be set from time to time by the council in accordance with state law and a schedule of such fees is on file in the city offices.
(b)
No rebate shall be made from the license fee provided for in this section for any license term less than one year.
(Code 1973, §§ 14-30, 14-31; Code 1994, § 12-129; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-246. - Display.#
Every keeper of any junk shop or storehouse licensed under this division shall display, in a conspicuous place within his shop, yard, premises or storehouse, the license granted to him.
(Code 1973, § 14-32; Code 1994, § 12-130; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-247. - Expiration.#
All licenses granted under the provisions of this division shall expire on November 30 next succeeding the date of such license.
(Code 1973, § 14-33; Code 1994, § 12-131; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)
Sec. 12-248. - Revocation.#
The city council, sitting as board of license commissioners may revoke any license granted under the provisions of this division for any violation of the laws of the state or of this article or other ordinances of the city, or for any cause which the council considers to warrant such revocation. No such license shall be revoked, however, unless the holder thereof is given notice of the charge against him at least three days before the hearing thereon and the opportunity to be heard.
(Code 1973, § 14-34; Code 1994, § 12-132; Ord. of 10-14-2015, § 3; Ord. of 12-9-2019(1), § 3)