TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 322
JUNK AND SCRAP METAL DEALERS

Section 322:1

    322:1 License. – The governing body of any town, city, or unincorporated place, may, in their discretion, license suitable persons to be dealers in and keepers of shops for the purchase and sale, or barter, of old junk, old or scrap metals, old or second-hand bottles, cotton or woolen mill waste, unfinished cloth, cotton or woolen mill yarns in an unfinished state, not of family manufacture, or second-hand articles, excepting furniture and books, within their respective cities, towns, or unincorporated places, or to accumulate, store or handle said commodities therein for the purpose of sale or barter elsewhere, or as bailees for others, and may determine and designate the place where the business is to be carried on, and the place where the commodities aforesaid may be accumulated, stored or handled, under such license.

Source. GS 109:1. GL 120:1. 1883, 74:1. PS 124:1. 1905, 76:1. 1907, 73:1. 1917, 94:1. PL 159:1. RL 190:1. 2008, 287:2, eff. June 27, 2008.

Section 322:2

    322:2 Revocation; Regulations. – The board which grants said licenses may revoke the same, in their discretion, after a hearing on charges preferred, and may from time to time establish rules, regulations and restrictions relative to the business carried on as aforesaid; and every such rule, regulation and restriction shall be incorporated in the license.

Source. 1917, 94:1. PL 159:2. RL 190:2.

Section 322:3

    322:3 Conditions; Termination. – The license shall designate the place where the business is to be carried on, and shall contain a condition that the person to whom it is granted shall not purchase from any minor under the age of 16 years, nor barter with any such minor for any commodity named in RSA 322:1, without the written consent of his parents or guardian, and such other conditions and restrictions as may be prescribed by the board which grants licenses. Said license shall continue in force until April 1 next following, unless sooner revoked, and may be renewed upon application to the licensing board.

Source. GS 109:2. GL 120:2. 1881, 14:1. PS 124:2. 1917, 94:2. PL 159:3. RL 190:3.

Section 322:4

    322:4 Illegal Dealing. – Any person who, without a license, shall be a dealer in the aforesaid commodities, or keep a shop for the purchase, sale or barter thereof; or who, without a license, shall accumulate, store or handle said commodities for the purpose of sale or barter, or as a bailee for others; or any person having a license who shall carry on the business, or accumulate, store or handle the commodities aforesaid at any other place than that specified in his license, or after notice that his license has been revoked, shall be guilty of a violation for each day such offense continues.

Source. GS 109:4. 1878, 31:1. GL 120:4. PS 124:4. 1907, 73:2. 1917, 94:3. PL 159:4. RL 190:4. RSA 322:4. 1973, 531:101, eff. Oct. 31, 1973 at 11:59 p.m.

Section 322:5

    322:5 Enjoining. – The superior court may enjoin any person from dealing in the commodities aforesaid, or from keeping a shop for the purchase, sale or barter thereof, or from accumulating, storing or handling said commodities contrary to the provisions of this chapter, and may also enjoin any licensee from carrying on said business at any other place than that designated in his license.

Source. 1907, 73:2. 1917, 94:3. PL 159:5. RL 190:5.

Section 322:6

    322:6 Territorial Limits. – The licensing board of a city may, by regulation, prohibit the accumulation or storage of the commodities designated in RSA 322, the granting of licenses therefor, and the granting of licenses to deal in or keep a shop for the purchase, sale or barter of said commodities, within or in the immediate vicinity of the compact part of such city, and may define the limits within which said commodities shall not be accumulated or stored, or said business carried on, or licenses therefor granted. The adoption of any such regulation shall in no way affect the duties of the licensing board in acting upon applications for licenses to be exercised in territory outside the limits specified in such regulation.

Source. 1907, 73:3. 1917, 94:4. PL 159:6. RL 190:6.

Section 322:6-a

    322:6-a Records. – Each person required to be licensed under this chapter shall keep records sufficient to the licensing authority of the accumulation, storage, and handling of commodities as a junk or scrap metal dealer. Such record shall be legibly written in the English language and provide account and description of the goods purchased, the date and time of their purchase, and the name and residence, verified by photo identification issued by a governmental agency, of the seller.

Source. 2008, 287:3, eff. June 27, 2008.

Section 322:7

    322:7 Inspection. – Any officer, having jurisdiction may enter upon any premises used by a licensee for the purpose of his or her business, ascertain how the licensee conducts business and examine all commodities purchased, obtained, kept, or stored in or upon said premises, and all books and inventories relating thereto. Every such licensee, his or her clerk, agent, or other person in charge of the premises shall exhibit to such officer on demand any or all of such commodities, books, and inventories.

Source. 1917, 94:5. PL 159:7. RL 190:7. 2008, 287:4, eff. June 27, 2008.

Section 322:8

    322:8 Obstructing Officer. – Any such licensee, his clerk, agent or other person in charge of such premises, who refuses to admit thereto an officer authorized to enter the same, or who fails to exhibit to him on demand all such commodities, books and inventories; or any person who wilfully hinders, obstructs or prevents such officer from entering the premises or from making the examination authorized in RSA 322:7 shall be guilty of a misdemeanor.

Source. 1917, 94:6. PL 159:8. RL 190:8. RSA 322:8. 1973, 528:209, eff. Oct. 31, 1973 at 11:59 p.m.

Section 322:9

    322:9 Number. – Every license shall be numbered, and each licensee transporting any of the commodities specified in RSA 322:1 in any wagon or vehicle shall have placed upon the outside of such wagon or vehicle, and upon each side of the same, the number of the license in plain, legible figures not less than 3 inches high so that the same may be distinctly seen and read.

Source. 1917, 94:7. PL 159:9. RL 190:9. 2008, 287:5, eff. June 27, 2008.

Section 322:10

    322:10 Identification. – Every licensee or employee of a licensee shall carry a photocopy of his or her license or the license of his or her employer on or about his or her person. The identification may be required to be furnished by the licensing authority upon payment of a suitable fee therefor.

Source. 1917, 94:7. PL 159:10. RL 190:10. 2008, 287:5, eff. June 27, 2008.

Section 322:11

    322:11 Fee. – The fee for such license or renewal thereof shall be fixed by the board which issues the license, and shall be paid into the treasury of the city or town in which the license is to be in force, and no person shall be required to pay a larger fee for said license than that required to be paid by any other person in the same city or town for a similar license.

Source. 1917, 94:8. PL 159:11. RL 190:11.

Section 322:12

    322:12 Unlicensed Person. – No person not licensed shall purchase any of the commodities above specified unless he or she acts as a helper to, and is accompanied by, some licensee.

Source. 1917, 94:7. PL 159:12. RL 190:12. 2008, 287:6, eff. June 27, 2008.

Section 322:12-a

    322:12-a Metal Kegs for Malt Beverages. – No junk or scrap metal dealer licensed by a governing body under the authority of this chapter shall purchase any metal keg for malt beverages, as defined in RSA 179:5-a, V, or pieces of such metal keg, unless the seller is the brewer whose name or marking appears on the keg. If the brewer's name or marking has been removed or obliterated, the licensee shall not purchase the keg.

Source. 2008, 287:10, eff. June 27, 2008.

Section 322:13

    322:13 Penalty. – Any person who shall violate any provision of RSA 322 or of his license, for which offense no other punishment is provided, shall be guilty of a misdemeanor.

Source. 1917, 94:9. PL 159:13. RL 190:13. RSA 322:13. 1973, 528:210, eff. Oct. 31, 1973 at 11:59 p.m.

Section 322:14

    322:14 Repealed by 2013, 101:2, eff. Nov. 1, 2013. –

Section 322:15

    322:15 Repealed by 2014, 259:3, I, eff. Dec. 1, 2014. –

Section 322:16

    322:16 Sale of Catalytic Converters. –
I. For the purposes of this section:
(a) "Automobile" means an automobile or other type of vehicle required to be equipped with a catalytic converter under RSA 266:59-b.
(b) "Automobile parts" means the different pieces of a car, which are manufactured separately and used to build or repair cars.
(c) "Catalytic converter" means an automobile exhaust system component that causes conversion of harmful gases including but not limited to, carbon monoxide and uncombusted hydrocarbons into mostly harmless products including, but not limited to, water and carbon dioxide.
II. Any person licensed to purchase, sell, barter, or deal in old metals under this chapter shall, upon request by the chief of police of the city or town where the licensee is licensed send a record containing the following information to law enforcement:
(a) The date of a transaction for old or used metals;
(b) The name, address, telephone number and signature of the person from whom the old or used metals were purchased or received;
(c) A photocopy or digital image of the person's photo identification;
(d) The license plate number and vehicle identification number of the vehicle used to transport the old or used metals to the licensee, whenever applicable;
(e) A description of the old or used metals;
(f) A photograph of the old or used metals;
(g) Photocopies or digital images of the bill of sale or other legal documents demonstrating ownership by the seller or offeror; and
(h) The price paid by the licensee for the old or used metals.
III. Nothing in this section shall require additional record keeping for junked autos or automobile parts in excess of what is required by law.
IV. The licensee shall retain records established pursuant to this section for a period of 2 years from the date of the transaction. This paragraph shall not relieve a licensee of any other record retention requirements imposed by law.
V. This section shall not apply to the purchase of old metals from a person who is licensed to engage in the business of purchasing, selling, bartering, or dealing in junk, old metals, or second-hand articles under RSA 322, and who has previously created a record in accordance with this section and provides a written statement affirming such record at the time of the transaction.
VI. No person or entity licensed as a junk dealer, a second-hand dealer, motor vehicle repair shop, an automobile graveyard, or a junkyard under this chapter shall purchase, accept, or acquire a catalytic converter from another person or entity unless the seller or offeror presents proof of identification in addition to a bill of sale or other legal document demonstrating ownership of the catalytic converter. The licensee shall preserve photocopies or digital images of the documentation.
VII. Any person or entity licensed pursuant to this chapter as a junk dealer, a second-hand dealer, a motor vehicle repair shop, or a storage facility for dismantled, junked, or abandoned vehicles shall keep records of all transactions listed in this section. The licensee shall make available to the chief of police or the chief's designee any records created upon request by the chief or the chief's designee. The following shall be included in the records prepared pursuant to this section:
(a) The date of a transaction for the catalytic converter;
(b) The name, address, telephone number, and signature of the person from whom the catalytic converter was purchased or received;
(c) A photocopy or digital image of the person's photo identification;
(d) The license plate number and vehicle identification number of the vehicle used to transport the old or used metals to the licensee, whenever applicable;
(e) A description of the catalytic converter;
(f) A photograph of the catalytic converter;
(g) Photocopies or digital images of the bill of sale or other legal documents demonstrating ownership by the seller or offeror; and
(h) The price paid by the licensee for the catalytic converter.
VIII. Any person or entity licensed pursuant to this chapter shall retain the catalytic converter received for a period of 10 days. Throughout the holding period, the catalytic converter shall be kept separate and distinct from other property and shall not be deformed or treated in any way that might damage or affect its identity.
IX. All persons or entities involved in the sale and purchasing of a catalytic converter shall use a company check as a method of payment.
X. Violations of this section shall be guilty of a misdemeanor pursuant to RSA 322:13.
XI. This section shall not apply to licensees' acquisitions or purchases of whole motor vehicles.
XII. No scrap metal business may enter into a transaction to purchase or receive private metal property from any person who is not a commercial enterprise or owner of the vehicle from which the catalytic converter was removed. No scrap metal business may enter into a transaction with an owner of a vehicle from which a catalytic converter was removed unless the owner provides the year, make, model, and vehicle identification number for the vehicle from which it was removed.
XIII. Licensed vehicle salvage yards shall be exempt from the provisions of this section if they take in a full and complete car and not pieces, or parts of a car related to the sale of a catalytic converter.

Source. 2023, 221:1, eff. Aug. 4, 2023.