[HISTORY: Adopted 5-7-2012 Annual Town Meeting, Art. 29. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Selectmen of the Town of Great Barrington.
A person who takes articles or things in pawn in exchange
for money subject to a right of redemption, in the purchase or sale
of pawnbroker's tickets or other evidence of pledged articles,
or, not being a pawnbroker, a person who deals in the redemption or
sale of pledged articles.
Includes one or more natural persons, corporations, partnerships,
associations, joint-stock companies and all other entities of any
kind.
An event where items are sold to the general public such
as at an auction or antique show venue to which the public is invited
to buy, through public advertised notices, in the open buying and
selling of items which the public is able to inspect before purchase.
Any person dealing in used manufactured electronic devices,
wholly or in part, that are purchased and/or sold.
Includes any person dealing in the purchase and/or sale of
secondhand manufactured articles made from any precious metal such
as gold, silver, platinum or palladium and precious gems or pearls.
Massachusetts General Laws, c. 140, §§ 70
to 85 and §§ 202 to 205.
The Town of Great Barrington.
No person, either as principal, agent or employee, shall, within
the limits of the Town, establish, engage in, or carry on the business
of secondhand dealer or pawnbroker or both, either separately or in
connection with some other business, without first having obtained
and paid for and having in full force and effect a license as herein
provided.
State law reference — Law of the commonwealth
authorizing the Town to license pawnbrokers, M.G.L., c. 140, § 70.
A.
Every person desiring to procure a license, as herein provided, shall
file with the Town Clerk a written application upon a blank form prepared
and furnished by the Town. Such application shall contain the names
and residences of the applicant, if an individual, partnership or
firm, or the names and residences of the principal officers if the
applicant is an association or corporation. Such applicant shall also
describe in detail the character of the business in which he, they,
or it desire to engage. The application shall also state the following:
(1)
The length of time such applicant or applicants, if an individual,
or the manager or person in charge if the applicant is a firm, partnership,
corporation or association, has or have resided in the Town, his or
their place of previous employment, whether he or they or any of them
have been convicted of a felony or misdemeanor, and if so, what offense,
when and what court.
(2)
The premises where such business is to be located or carried on,
giving street and number.
(3)
Whether the applicant or applicants have either alone or with someone
else previously been a secondhand dealer or pawnbroker.
B.
Such application shall be signed and acknowledged before a notary
public or other official authorized to administer oaths in the Town.
C.
When an application is filed, it shall be accompanied by a one-time
application fee of $150 paid to the Town of Great Barrington.
When an application is filed, the Town Clerk shall cause an
investigation to be made by the police to ascertain whether the applicant
or applicants is or are of good character and repute, and the police
shall furnish to the Town Clerk the information derived from their
investigation accompanied by a recommendation as to whether a license
should be granted or refused.
At the conclusion of a police investigation of the applicant,
the police shall forward or make a report to the Town Clerk, who shall
submit the police report with the application for license to the Board
of Selectmen, which shall hold a public hearing on the application,
and after which it shall approve or reject said application. If the
Town Clerk, after approval of an application by the Board of Selectmen,
fails to issue a license, providing such application has met all requirements
under this chapter, the license shall be deemed approved. If, after
90 days of the proper completion of an application, the Board of Selectmen
fails to reach a determination, through no fault of the license applicant,
the license shall be deemed to have been approved.
Every secondhand dealer and pawnbroker shall pay an annual license
fee of $35 for each established place of business. All licenses shall
be issued as of May 1 and shall continue in force until April 30,
next succeeding the date of issuance thereof, unless sooner revoked
by the licensing authority. No license shall be used by any person
other than the original licensee, and any holder of such license who
permits it to be used by any other person, and any person who uses
such license granted to any other person, shall be guilty of a violation
of this chapter.
The licensing authority may, at any time for such cause as it,
upon investigation, deems sufficient, revoke any license granted under
the provisions of this chapter. Whenever any license shall be so revoked,
no refund of any unearned portion thereof shall be made, and no license
shall be granted to any person whose license has been revoked within
a period of two years from the date of such revocation. Notice of
such revocation shall be served by the Town Clerk upon the person
named in the application by mailing the same to the address given
in the application.
In case any licensee shall move his place of business from the
place designated in the license, he shall immediately thereupon give
notice to the Town Clerk and have the same endorsed on the license.
A.
Every business licensed under this chapter shall keep a record book
in which shall be legibly written in ink and in English at the time
of every purchase, sale or transaction a description of every article
so purchased, sold, or received, the number or numbers and any monograms,
inscriptions or other marks of identification that may appear on the
article, a description of the articles or pieces comprising precious
metals, precious gemstones, pearls and electronic components, and
any monograms, inscriptions or marks of identification thereon, and
the name, age, address, signature and driver's license number
of the seller or other photo I.D. number, and a general description
of the person from whom such purchase was made or to whom sold, and
the day and hour of the purchase or sale, and the amount for which
such purchase was made, including articles or things purchased or
received for the purpose of refining or smelting by persons principally
engaged in such business. In the case of the purchase or sale of a
pawnbroker ticket or other evidence of a pledged article, or a redemption
or sale of a pledged article, there shall be written in a bound book
at the time of such purchases, sale or redemption:
(1)
The name and address of the person who issued such ticket or other
evidence;
(2)
The pledge number of such pawn ticket or other evidence;
(3)
The name and address of the pledger as it appears on such pawn ticket
or other evidence;
(4)
The amount loaned or advanced as it appears on such pawn ticket or
other evidence;
(5)
The day and hour of such purchase, sale or redemption as the case
may be;
(6)
The name, residence and general description of the person from whom
or to whom the redeemed article is purchased or sold, as the case
may be;
(7)
The sum paid or received from such pawn ticket or other evidence,
or the sum paid or received for the redeemed article or pledge;
(8)
Such description of a pledged article as appears on such pawn ticket
or other evidence and an accurate description of every redeemed pledged
article and a picture or photocopy of the article.
B.
Such book shall at all reasonable times be open to the inspection
of any police officer of the Town of Great Barrington, to the Town
Clerk, the Police Chief, or to any person duly authorized in writing
for such purpose by the Town Clerk. No entry in a book or records
kept under this chapter shall be altered, defaced, obliterated or
destroyed for a period of 10 years from the time of a purchase or
sale.
A.
It shall be the duty of every licensed business under this chapter
to make or cause to be made to the Chief of Police or his representative
every day, except Sunday, before the hour of 5:00 p.m., a copy of
the records required to be kept in the preceding section, of all goods,
articles or things or any part thereof, purchased, received or sold
in the course of the business of the dealer on the preceding day,
or, if that day be Sunday, on the two next preceding days. All reports
required in this section shall be made on a blank form prepared and
furnished by the Chief of Police and shall contain such information
as the Chief of Police may require.
B.
Each report shall be signed by the licensee or his representative
and by the person from whom the purchase was made. The Chief of Police
shall cause a record to be kept of all such reports, showing the date
and time of receipt of each report, the name of the licensee making
the report and his address. The contents of such report shall not
be communicated to any person for the purpose of publication but shall
be used by the Chief of Police and the licensing authority to protect
the public interest and detect crimes.
A.
No licensee shall carry on business at any other place than the one(s)
designated in his license unless it is customary to travel to another
location for the purpose of buying.
B.
No licensee shall cause any item regulated by this chapter to be
transported from his designated business location to any other location
for sale until the expiration of 15 days after such purchase or redemption.
C.
No secondhand dealer or pawnbroker shall continue to carry on business
after his license is revoked or shall have expired.
D.
No secondhand dealer or pawnbroker shall purchase any secondhand
goods, articles or things whatsoever from, or make any loans to, any
person under the age of 18 years, or any person who is intoxicated,
knowing or having reason to believe the person to be such. No such
dealer shall purchase from or sell to any person whatsoever any items
regulated under this chapter between the hours of 9:00 p.m. and 8:00
a.m., except Saturdays when such sales and/or purchases, except as
herein provided, may be made between the hours of 8:00 a.m. and 10:00
p.m.
E.
No article or thing, except articles or things that have been received
at public sale, from persons known to be jewelers, dealers, banking
institutions, executors or administrators, shall be sold or disposed
of by any dealer in secondhand articles until the expiration of 15
days after such purchase or redemption, and no secondhand articles
or things purchased for the purpose of melting or refining by persons
principally engaged in such business from persons not jewelers or
dealers shall be sold, refined, melted or disposed of until the expiration
of 15 business days after such purchase; and no such dealer shall
receive any article by way of pledge or pawn; or employ any subterfuge
for receiving goods as security for the advancement of money.
F.
A licensee shall allow his place of business and all secondhand articles
therein to be at all reasonable times examined by any member of the
Police Department.
G.
Every secondhand dealer or pawnbroker shall at the time of making any purchase or transaction attach a properly numbered tag to or otherwise legibly number each article bought and shall make entry of such number in a book, on a bill of purchase or sale or a form from the police provided for in § 120-10.
H.
No licensee shall buy any secondhand article of any kind, which is
distinctly and plainly marked as being the property of any firm or
corporation other than the person offering to sell the same, unless
the person offering to sell the same shall show satisfactory evidence
or declare in writing that they are the legal owner or legal representative
of the person or business which owns the item(s). This written declaration
shall be kept with the required records of the transaction.
In case any suspicious or known dishonest person shall offer
for sale to any secondhand dealer or pawnbroker, his employee, agent
or servant, any articles of value, and he has reason to believe from
any circumstances that the same have been stolen or acquired by dishonest
means, it shall be his duty to report the same at once to the police.
It shall be the duty of the Police Department to furnish from
time to time to every licensee under this chapter a report of lost
or stolen items which shall include as much known description as available,
within 48 hours of a reported loss or theft.
A.
Any person who violates any provision of this chapter shall pay the
fines as stated below:
(1)
First and each subsequent offense: $300.
B.
Each day in which any violation exists shall be deemed to constitute
a separate offense. The provisions of this chapter shall be enforced
by the Police Department.
This chapter shall not apply to the following:
A.
Any item regulated under this chapter purchased at a location outside
of the Town limits of Great Barrington at a distance greater than
25 miles.
B.
Any item purchased or sold at a public sale as defined in this chapter.
C.
Any item which is inlaid or woven or made with a precious metal as
long as the percentage of the precious metal is less than 5% by weight
of the total object. This exception is not to include items that are
made of metal, electroplated, mechanically plated, or covered with
a thin layer of a precious metal over a majority of the item.
D.
Any item purchased from a licensed business commonly engaged or licensed
in the selling and buying of items regulated under this chapter.
E.
Any gem not classified as a "precious gemstone" by a recognized authority
or professional industry grading agency.
F.
Any business with a current in force business permit at the time
of the adoption of this chapter and already engaged partly or in whole
in the type of business actively regulated herein shall not be required
to obtain the one-time license required by this chapter but shall
be bound by all other requirements set forth.
