§ 508-2. Issuance, renewal and revocation of licenses.

A. 

Secondhand collectors and secondhand dealers must obtain a license to conduct said activities.

B. 

The Licensing Authority of the Town of Barnstable may after notice and a public hearing deny an original or renewal application for a secondhand dealer or secondhand collector license or revoke an issued license if it has probable cause to believe any of the following conditions exist after a public hearing:

(1) 

The applicant, or any person who, in part or whole, owns, manages or operates the secondhand dealer or secondhand collector business, has owned or operated a secondhand dealer or secondhand collector business regulated under this regulation or any substantially similar license and, within the five years prior to the application date, has had a secondhand dealer or secondhand collector license revoked for a reason that would be grounds for a denial or revocation pursuant this chapter.

(2) 

The secondhand dealer or secondhand collector business has been found to constitute a public nuisance.

(3) 

The licensee applicant, or any person who, in part or whole, owns, manages or operates the secondhand dealer or secondhand collector business, has been convicted of a felony or any crime involving a false statement or within 15 years prior to the application date, the applicant has:

(a) 

Knowingly made a false statement in the application;

(b) 

Knowingly omitted information requested to be disclosed in the application; or

(c) 

Completed the application with reckless disregard for the truth or accuracy of the statements made therein.

(4) 

A lawful inspection of the secondhand dealer or secondhand collector business premises by the Police Chief or his designee has been unjustifiably refused by a person who, in part or whole, manages or operates the business.

(5) 

The secondhand dealer or secondhand collector business, the applicant or any person who, in part or whole, owns, manages or operates the secondhand dealer or secondhand collector business, has more than five violations of these regulations, any state or federal law, or any combination thereof within a two-year period, including the two years prior to the application date.

(6) 

The secondhand dealer or secondhand collector business, the applicant or any person who, in part or whole, owns, manages or operates the secondhand dealer or secondhand collector business has been convicted of any law of the Commonwealth of Massachusetts that is contrary to the type of secondhand business to be conducted, such as, but not limited to: receiving stolen property, any form of breaking and entering, larcenies from a person, or any other form of larceny, or any form of aggravated assault, as verified by a CORI by the Police Chief or his designee.

(7) 

Such other grounds as the Authority determines to be in the public interest or in violation of the conditions of the license or any law or regulation of the commonwealth or the Town of Barnstable.