DIVISION 2. - JUNK AND SECONDHAND GOODS DEALERS
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 8-201. - License required.#
No person shall engage in the business of purchasing, selling, bartering or dealing in junk, old metals or any secondhand articles, including automobiles, whether as a keeper of a shop, storehouse or flea market operation for the reception of such materials or as gatherer of such materials in any bag, wagon or cart or as foundryman or other person receiving the materials for the purpose of melting the materials or of converting the materials into castings. No person shall establish, operate or maintain an automobile junkyard within this city, unless such persons shall be duly licensed by the city council and subject to the conditions and restrictions set forth in this article.
(Rev. Ords. 1987, § 8-161)
State Law reference— License for junk and secondhand dealers, G.L. 1956, §§ 5-21-1, 5-21-2.
Sec. 8-202. - Application fee for establishment of junk and secondhand dealer's location.#
The fee for an application for a license to keep a shop or storehouse for the reception of any junk, old metals or other secondhand articles including automobiles or to establish, operate or maintain an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license shall be $10.00, plus the cost of posting and publishing the notice of the hearing on such application.
(Rev. Ords. 1987, § 8-162)
Sec. 8-203. - Application; reference to chief of police.#
Every applicant for a license required by section 8-201 or renewal thereof shall make application upon a form to be furnished by the city clerk, furnishing such information as may be requested or required by such form. Such application, when completed by the applicant, shall be referred to the chief of police for his recommendation before being acted upon by the city council. The city council shall approve such license for just and good cause.
(Rev. Ords. 1987, § 8-163)
Sec. 8-204. - Advertising application; hearing thereon.#
(a)
The city council, before granting a license under this article to keep a shop, storehouse or flea market operation for the reception of any junk, old metals or other secondhand articles, including automobiles, or to establish, operate or maintain an automobile junkyard, in any location not lawfully occupied for such purpose at the time of the application for such license, shall hold a public hearing, notice of which shall be posted by the city clerk at least seven days but not more than 14 days prior to such hearing in not less than two public places in this city and in a newspaper of general circulation in this city, provided that before the city clerk shall post or publish notice of a hearing he shall collect from the applicant for such license a fee of $15.00, plus the cost of posting and publishing such notice. The city clerk shall post or publish notice of a hearing and shall collect from the applicant for a flea market license a fee of $25.00, plus the cost of posting and publishing such notice.
(b)
No license shall be granted under this article to the keeper of any shop, storehouse or flea market operation for the reception of any junk, old metals or other secondhand articles, including automobiles, or to a person establishing, operating or maintaining an automobile junkyard, 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 city council their objection to the granting of such license, provided that this subsection shall not apply to any applicant who is the keeper of such a shop or storehouse, or automobile junkyard within the city, which is being acquired under eminent domain proceedings and was duly licensed by this city prior to such eminent domain proceedings.
(Rev. Ords. 1987, § 8-164)
Sec. 8-205. - Fees generally.#
The annual fees for the license required by section 8-201 shall be as provided in sections 8-26 and 8-27.
(Rev. Ords. 1987, § 8-165)
Sec. 8-206. - Fee not rebated.#
No rebate shall be made from the license fee provided for in sections 8-26 and 8-27 for any license or any licensed term less than one year.
(Rev. Ords. 1987, § 8-166)
Sec. 8-207. - Display of license.#
Every keeper of any junk shop or storehouse licensed pursuant to this article shall display in a conspicuous place within such shop or storehouse the license last granted to him.
(Rev. Ords. 1987, § 8-167)
Sec. 8-208. - Transfer of license.#
Any license granted pursuant to this article may be transferred by the city clerk upon the previous approval of the city council and upon the payment of a fee as provided in section 8-10.
(Rev. Ords. 1987, § 8-168)
Sec. 8-209. - Expiration of license.#
All licenses granted pursuant to this article shall expire on December 1 next succeeding the date of such license.
(Rev. Ords. 1987, § 8-169)
Sec. 8-210. - Use of dwelling house for business.#
No such business specified in section 8-201 shall be carried on in any building or premises any part of which is used as a dwelling house, except with the recommendation in writing of the chief of police and chief of the fire department.
(Rev. Ords. 1987, § 8-170)
Sec. 8-211. - Record to be kept; information to be shown.#
Every person licensed pursuant to section 8-201 with the exception of 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: A description of every article purchased or sold by him at the time of such purchase or sale; the name and residence of the person from or to whom the article was purchased or sold; and the day or hour of such purchase or sale.
(Rev. Ords. 1987, § 8-171)
Sec. 8-212. - Inspection of records, shops, vehicles, etc.#
The book or record required to be kept in section 8-211 and every shop, storehouse, bag, wagon, cart or foundry or place of business of any such person licensed pursuant to this article shall be subject to the inspection and examination of the chief of police, or any other person authorized by him.
(Rev. Ords. 1987, § 8-172)
Sec. 8-213. - Property not to be sold for ten days; to be kept separate, etc., during such period.#
Every person licensed pursuant to this article shall keep any property purchased or received by him for a period of ten days from and after the report required to be made by him to the chief of police. 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, provided that any person licensed as a gatherer may at any time sell any such property to a keeper of a shop or storehouse or to a foundryman or other person licensed pursuant to this article, provided further, that any keeper of a shop or storehouse or any foundryman or other person licensed pursuant to this chapter may sell or melt within the 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.
(Rev. Ords. 1987, § 8-173)
Sec. 8-214. - Reports to police.#
Every person licensed pursuant to this article, except a gatherer, shall once per calendar week deliver to the chief of police, or 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 in section 8-211, showing the business done by such person during the business week immediately preceding.
(Rev. Ords. 1987, § 8-174)
Sec. 8-215. - Exemptions from sections 8-211 through 8-214.#
Sections 8-211 through 8-214 shall not apply to any purchase or sale of junk or old metals weighing one ton or over.
(Rev. Ords. 1987, § 8-175)
Sec. 8-216. - Hours of business.#
No keeper of any junk shop or storehouse shall do or suffer to be done any business therein between 7:00 p.m. and 7:00 a.m.
(Rev. Ords. 1987, § 8-176)
Sec. 8-217. - Dealing with minors; sale, etc., of bar or pig iron.#
No person licensed pursuant to this article shall directly or indirectly either purchase or receive in barter or exchange any junk, old metals or secondhand articles from any minor, unless such minor shall be licensed in accordance with this article; nor shall any such licensed person directly or indirectly either purchase or receive in barter or exchange or sell any bar or pig iron.
(Rev. Ords. 1987, § 8-177)
Sec. 8-218. - Display of firearms and certain weapons.#
No dealer in secondhand articles shall display in his place of business any pistols or firearms of any description, nor any blackjacks slingshots, billies, brass knuckles or other weapons of like kind and description.
(Rev. Ords. 1987, § 8-178)
Sec. 8-219. - Article not applicable to certain shopkeepers.#
This article shall not apply to keepers of shops for the purchase, sale or barter of books, pamphlets and periodicals.
(Rev. Ords. 1987, § 8-179)