LICENSING AUTHORITY
As used in this chapter shall mean the Board of Selectmen
of the Town of Adams.
PAWNBROKER
As used in this chapter shall mean a person who takes articles
or things in pawn in exchange for money subject to a right of redemption
whether subject to interest or not.
PERSON
As used in this chapter shall mean and include one or more
persons of either sex, natural persons, corporations, partnerships,
associations, joint-stock companies and all other entities of any
kind capable of being used.
SECONDHAND DEALERS
As used in this chapter shall mean and include any person
dealing in the purchase or sale of secondhand electronic devices,
or in the purchase or sale of secondhand manufactured articles composed
wholly or in part of gold, silver, or platinum, or dealing in the
purchase or sale of old gold, silver or platinum, or dealing in the
purchase of articles or things comprised of gold, silver or platinum
for the purpose of melting or refining, or engaged in melting precious
metals for the purpose of selling, or in the purchase or sale of pawnbrokers'
tickets or other evidence of pledged articles, or, not being a pawnbroker,
who deals in the redemption or sale of pledged articles. Secondhand
dealers shall also include junk dealers, a collector of, dealer in
or keeper of a shop for the purchase, sale or barter of junk, old
metals or secondhand articles as defined by MGL c.140, §§ 54
through 56.
STATE LAW
As used in this chapter shall mean MGL c.140, §§ 54
through 56, §§ 70 to 85 and §§ 202 to
205.
TOWN
As used in this chapter shall mean the Town of Adams.
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.
Such application shall be accompanied by a bond to the Town of Adams, approved as to form by the Town Counsel, in the penal sum of $300 with sufficient surety or sureties or sufficient collateral security, conditioned for the due observances during the term of the license of any and all ordinances which are now in force or may hereafter be adopted by the Town respecting the business of secondhand dealing and pawnbroking, as defined in §
12-1.
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.
Upon the filing of the application, bond and information as provided in §
12-5, the Town Clerk shall, upon his/her approval of such application and bond as to the sufficiency of surety or sureties or collateral security, submit the matter to the licensing authority at its next regular meeting, at which time it shall hold a public hearing on the application, and after which it shall either approve or reject said application. The Town Clerk shall, upon the approval by the licensing authority, issue a license after the payment of the license fee hereinafter provided. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in or carry on the business, the kind of business, the dates of issuance and expiration of the license and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection unless he can show that the reason for such rejection no longer exists.
Every secondhand dealer and pawnbroker as defined in §
12-1 shall pay an annual license fee of $150 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 or badge 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.
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.
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 has 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 secondhand dealer or pawnbroker a list of all
articles reported to the Police Department as lost or stolen. If the
Police Department shall notify a licensed dealer that any goods, articles
or things have been lost or stolen, and if such goods, articles or
things, or any such or part of such, answering to the description
of the notice shall then be, or shall thereafter come into the possession
of, any person licensed under the terms hereof, he shall, upon receiving
notice thereof, immediately thereafter as a supplement to his daily
report for that day to the Chief of Police, give information in writing
that certain goods, articles or things listed by the police are in
his possession, and shall not thereafter dispose of the same except
upon written authority so to do from the Chief of Police. Every dealer
in secondhand articles who shall have or receive any goods, articles
or things lost or stolen, or alleged or supposed to have been lost
or stolen, shall exhibit the same on demand to any police officer
or any magistrate of the Town or any person duly authorized by the
Chief of Police in writing for such purpose who shall exhibit such
written authority to the dealer.
This chapter may be enforced through any lawful means by noncriminal
disposition pursuant to MGL c.40, § 21D, by the Board of
Selectmen, the Town Administrator, or their duly authorized agents,
or any police officer. The fine for violation of this chapter shall
be $300 for each offense. Each day in which any violation exists shall
be deemed to constitute a separate offense. Any penalty imposed under
this chapter shall be in addition to any civil penalty imposed under
MGL c.140.