Owner Stephen "Spleen" Eck appeared before the Board for a second time this month at last Tuesday's meeting, stating he will continue to go above and beyond to comply with the bylaw.
The bylaw states businesses like Danvers Coin, Jewelry and Estate Buyers "shall keep a book or printable computer record. Entered in this book or record, at the time of every receipt or purchase by the licensee, will be a description of the article purchased."
The store's descriptions, which Police Chief Neil Ouellette alleged were vague and not in compliance with the bylaw, are requested so police can easily track stolen items.
Selectman Keith Lucy, who expressed at the previous meeting that Eck was not in violation of the bylaw, said "he was never not in compliance, with the way this bylaw is written. Photos and Excel are not required. Mr. Eck is dead on about going above and beyond."
Trask argued that there was not just a lack of descriptions, but there were items, such as a jeweled cross and spoons, that were not described. That, he said, is a direct violation of the bylaw.
Selectman Mike Powers compiled Eck's reports that the selectmen received at the previous meeting and presented his findings, stating his concern was that it took the Danvers Police Department's working with Eck for him to comply.
"Clearly the [initial] letter that went out was not effective," he said, noting the letter the board sent out in February 2011, after a similar issue had been brought forth.
Powers said he would be supportive of some type of action taken against the business.
Selectman Dan Bennett said the experience showed that the bylaw needs to be further evaluated. "It's disappointing that we had to ask two times," he said. "As far as a punishment, I am hard pressed. If you ever were back here there would be no leniency on my part."
Chairman of the Board Bill Clark echoed Bennett's thoughts, saying "I'm encouraged to see he has an improved record, but like Mr. Bennett said - three strikes, and you're out."
Trask disagreed, saying "if we do no action, we are setting a precedent that we are allowing two strikes."
The Board voted 3-2 to take no action.
Eck said at the end of the meeting he'd be "happy to" participate in a workshop to redraft the bylaw language.