Chapter 216

2008 -- H 7482

Enacted 07/05/08

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- SECOND-HAND DEALERS

Introduced By: Representatives D Caprio, Ucci, and Fox

Date Introduced: February 13, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-21-1 of the General Laws in Chapter 5-21 entitled "Second-Hand

Dealers" is hereby amended to read as follows:

5-21-1. Local licensing -- Fees -- Penalty. – Record of transaction. - - (a) The city or

town council of any city or town is authorized to provide by ordinance for the issuing and

revocation at pleasure of licenses to all persons selling, purchasing, bartering, and dealing in junk,

old metals, and any other second-hand articles, and to all persons establishing, operating, or

maintaining automobile junkyards, subject to any conditions and restrictions and for a term not

exceeding one year that may be in the like manner prescribed; and also for charging and

collecting fees for those licenses. The fees in the like manner prescribed shall not exceed the sum

of one hundred dollars ($100) for the keeper of a shop or storehouse for the reception of any junk,

old metals, or second-hand articles which is not an automobile junkyard, the sum of five dollars

($5.00) for any foundryperson or other person receiving the same for the purpose of melting or

converting the junk, old metals, or second-hand articles into castings, the sum of five dollars

($5.00) for any gatherer of these items in any bag, wagon, or cart, or the sum of one hundred

dollars ($100) for any person establishing, operating, or maintaining an automobile junkyard; and

also to fix a penalty for carrying on that business without a license, or in violation of any

ordinance or regulation made as authorized in this chapter, not exceeding for any one offense a

fine of five hundred dollars ($500) or imprisonment not exceeding six (6) months.

(b) The ordinance shall provide that each person purchasing or receiving old or used

metals other than junked automobiles or automobile parts shall maintain a record of each

purchase or receipt. The record shall include the date of the transaction, the name, address,

telephone number and signature of the person from whom the old or used metals are purchased or

received, a description of the old or used metals, and the price paid for the old or used metals. The

records so kept shall be produced at the request of law enforcement officials.

     SECTION 2. This act shall take effect upon passage.

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LC01330

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