[HISTORY: Adopted by the City Council of the City of Springfield as Title 5, Ch. 5.08, of the 1986 Code. Amendments noted where applicable.]
[Amended 2-3-2014; 6-27-2016]
The Police Department may license suitable persons to carry on the business of pawnbrokers in this City, not to exceed _____ in total, pursuant to the provisions of Chapter 140 of the General Laws. The fee for such license shall be $100.
No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license therefor and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of Chapter 140 of the General Laws.
Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers, the full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Police Department and of any person authorized to make such inspection.
The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and of such quality that the item(s) shall be clearly identified. The photographs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above-described photos shall be maintained by the license holder for a minimum of three years.
Every license holder shall allow a representative of the New England State Police Information Network (NESPIN) to enter his shop and install the software necessary on the shopkeeper's computing device to allow the shopkeeper to electronically transmit a record of his/her transactions. Before the first hour of every business day, post meridian, every shopkeeper shall transmit a record of his/her transactions from the prior day. The record transmitted must include the information included in Subsections A and B of this section.
The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed initials, if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact (i.e., precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership.
The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state-/government-issued ID. The required photographs shall be clear and of such quality that the customer and required license or state-/government-issued ID is clearly identifiable. This information shall be maintained according to Subsection C.
Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters.
All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such examination.
No keeper of a junk shop, secondhand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of a minor knowingly or having reason to believe him to be such.
No article purchased or received by the keeper of a pawn shop or secondhand dealer shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller.
Pawn shops and secondhand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Commissioner or his designee. All pawn shops and secondhand dealers must maintain regular business hours.
Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of the fire district, except in substantial brick or stone buildings.
No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks removed or apparently removed.
For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items.
[Added 6-17-2014; amended 6-27-2016]
No license to carry on the business of a pawnbroker pursuant to § 270-1 nor any license to engage in the business of operating a shop for the purchase, sale or barter of secondhand articles pursuant to § 270-2 shall be issued by the Police Department until this section is revoked or amended by the City Council. This section shall not apply to persons or entities that are seeking to renew a license held by said person or entity for the previous year, nor shall it apply to the sale or transfer of an existing license.
This section shall take effect upon enactment, and shall be valid until June 30, 2022.