§ 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 metal 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 an establishment or storehouse for the reception
of any junk, old metals, or second-hand metal articles which is not an automobile
junkyard; the sum of five dollars ($5.00) for any foundry person or other person receiving
the same for the purpose of melting or converting the junk, old metals, or second-hand
metal 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.
(c) Businesses primarily engaged in the retail sale of the following goods, as expressly
defined below in this subsection, are exempt from any licensing requirements imposed
under this section: (1) Second-hand consignment goods; (2) Resale goods; (3) Thrift
goods; and (4) Antiques. "Second-hand consignment goods� means used items, including,
but not limited to, artwork, furniture, clothing, accessories, and books that are
sold by a third party that receives a percentage of the revenue from the sale. "Resale
goods� means goods, including, but not limited to, artwork, furniture, clothing, accessories,
and books, that are purchased from the original owner and resold. "Thrift goods� means
used items, including, but not limited to, artwork, furniture, clothing, accessories,
and books, that are sold by or on behalf of a charity or nonprofit organization. "Antiques�
means items made in an earlier period that are collected and considered to have value
because they are beautiful, rare, old, or of high quality.