[HISTORY: Adopted by the Annual Town Meeting of the Town
of Stoughton 6-8-2011, Art. 90. Amendments noted where applicable.]
The Stoughton Board of Selectmen may license suitable persons
to be pawnbrokers pursuant to law. Such licenses shall not be valid
to protect the holders thereof in a building or place other than that
designated in the license, unless the Stoughton Board of Selectmen
grants consent to said removal.
Applications for new licenses under these rules and regulations
may be filed at any time with the Board of Selectmen. Applications
for the re-issue of licenses already existing should be filed at least
30 days before the expiration of such licenses. All licenses issued
under these rules and regulations shall expire annually on the last
day of December. Persons whose licenses have expired and have not
been re-issued will be liable to prosecution if carrying on the business
for which the license is required.
Every person so licensed shall, at the time of receiving such license, file with the Stoughton Board of Selectmen a bond to the Town of Stoughton, in the sum of $300 as provided in Massachusetts General Laws, Chapter 140, § 77, with two sureties approved by the Stoughton Board of Selectmen, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed.
Persons who engage in or carry on the business of lending money
on mortgages, deposits or pledges of wearing apparel, jewelry, ornaments,
household goods or other personal property, of purchasing such property
on condition of selling the same back again at a stipulated price
when the property so mortgaged, pledged, or purchased is deposited
with the lender, must be licensed as pawnbrokers. This provision,
however, does not apply to loans made on stock, bonds, notes, or other
written or printed evidence of ownership of property or of indebtedness
to the holder or owner of such securities (MGL c. 140, §§ 70
- 85).
Licensed pawnbrokers may charge the following rates of interest:
A.
For all loans, 3% a month (and each fraction thereof at the same
rate).
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No such pawnbrokers shall charge or receive any greater rate
of interest and interest shall be determined on the precise sum advanced
by the lender.
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No pawnbroker shall make or receive any extra charge or fee
for storage, care or safekeeping of any goods, articles or things
pawned.
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Any officer of the Stoughton Police Department, agent of the
Board of Selectmen, or other duly authorized law enforcement officer
may, at any time, enter upon any premises used by a licensed pawnbroker
for the purpose(s) of his business, ascertain how he conducts his
business and examine all articles taken in pawn or kept or stored
in or upon said premises and all books and inventories shall be exhibited
to any of the above named whenever a demand shall be made for exhibition
(MGL c. 140, § 73) [Penalty for refusal, (MGL c. 140, § 74)].
Every licensed pawnbroker shall, at the time of making any loan, attach a number to the article taken in pawn, and shall make entry of such number in the book provided for by § 134-5 of these rules and regulations.
Every licensed pawnbroker shall keep a book of a style and size in which shall be legibly written in ink in the English language, at the time of making each loan, an account and description, including all distinguishing marks and numbers, of the goods, articles or things pledged or pawned, the amount of money loaned thereon, the day and hour when it was pawned, the rate of interest to be paid on such loan, the number of such article as provided for by § 134-4 of these rules and regulations, and the name, age, and residence of the person pawning the same. No entry made in this book shall be erased, obliterated, or defaced.
Every pawnbroker shall photograph any person pawning or pledging
articles and keep such photographs with said books as part of his
records (MGL c. 140, § 79).
For all loans, every pawnbroker shall also require positive
identification and record the type of identification presented and
record the date of birth from any person pawning or pledging any article.
Positive identification shall mean any picture identification card
issued by a governmental agency.
Each person making a pledge of any item described herein shall
be required by the pawnbroker to sign his name, age, and address on
a card. In the event that said individual is unable to write, the
pawnbroker shall fill in the name, age, and address on such card,
together with a notation stating that said pledging individual was
unable to do so. The licensed pawnbrokers shall retain such card for
seven years in an alphabetical index file.
Every pawnbroker shall, at the time of making such loan, deliver to the person who pawns any goods, article or thing, a memorandum or note signed by him, containing the substance of the entry required to be made in his book by the provisions of § 134-5; and no charge shall be made or required by any pawnbroker for any such entry, memorandum or note (MGL c. 140, § 80).
Every licensed pawnbroker shall make out and deliver to the Chief of Police, electronically, if possible, twice a week, a legible and correct list containing an accurate description, including all distinguishable marks and numbers of all articles taken in pawn during the preceding report, the respective numbers of such articles as provided in § 134-4, the amount loaned thereon, and the time such articles were pawned. If during the preceding report no articles have been taken in pawn by such pawnbroker he shall deliver a report of such fact to the Chief of Police as described above.
If any goods or articles pawned or pledged and in the possession
of a pawnbroker are subsequently determined to be stolen property
by a member of any law enforcement agency, or if the rightful owner
identifies property in the possession of a pawnbroker and the property
so identified is confirmed to be stolen pawned goods by any law enforcement
agency, or upon direction of the Stoughton Board of Selectmen, said
property shall be returned to the rightful owner at no cost to such
owner.
Every licensed pawnbroker shall post in a conspicuous place
in his shop or office a copy of the statutes, ordinances, and police
regulations relating to pawnbrokers, to be furnished by the Stoughton
Board of Selectmen, and shall put in some suitable and conspicuous
place on his shop a sign having his name and occupation legibly inscribed
thereon in large letters.
No pawnbroker shall place or maintain any signs or devices upon
or in connection with his licensed premises indicating or tending
to indicate that any form of business is conducted therein which he
is not legally authorized to pursue.
No pawnbroker shall have his shop open for the transaction of
business, except between 8:30 a.m. and 9:00 p.m. of any day except
Saturday, on which day such shop may be kept open from 8:30 a.m. until
10:00 p.m.
Articles deposited in pawn with a licensed pawnbroker shall,
unless redeemed, be retained by him on the premises occupied by him
for business for at least four months after the date of deposit.
After the expiration of the applicable period of time, he may
sell the article by public auction, apply the proceeds thereof in
satisfaction of the debt or demand and the expense of the notice and
sale, and pay any surplus to the person entitled thereto on demand.
No such sale of any article which is not of a perishable nature
shall be made unless not less than 10 days prior to the sale a written
notice of the intended sale shall have been sent by registered mail
to the person entitled to payment of any surplus as aforesaid, addressed
to his residence, as appearing in the records of such pawnbrokers.
Proof of registered mail shall be kept on file for one year after
the date of the sale.
No article taken in pawn by such pawnbroker shall be disposed
of otherwise than as provided above, any agreement or contract between
the parties thereto to the contrary notwithstanding.
Articles of personal apparel shall not be deemed to be of a
perishable nature within the meaning of this section.
No pawnbroker shall make a loan, directly or indirectly, to
a minor, knowing or having reason to believe him to be such.
No pawnbroker shall loan money secured by deposit or pledge
of firearm, rifle, shotgun, or machine gun. (MGL c. 140, § 131B)
The Stoughton Board of Selectmen and/or the Stoughton Police
Department shall investigate complaints concerning licensed pawnbrokers.
An investigation shall be made in all such instances.
In the event the Stoughton Board of Selectmen determines that
disciplinary action should be instituted against a licensed pawnbroker,
the Stoughton Board of Selectmen shall cause to be served upon the
licensed pawnbroker notice as to time, date, and place of hearing
of the charge(s) with a statement of the reasons for the proposed
disciplinary action. Hearings shall be conducted in accordance with
Stoughton Board of Selectmen procedures.
The Stoughton Board of Selectmen may suspend or revoke licenses
provided for by this regulation for any cause that the Stoughton Board
of Selectmen deems sufficient. Offenses, which may result in suspension
or revocation of a pawnbroker's license include, but are not
limited to, the following:
A.
A violation of any section of this regulation.
B.
Violation of any statute or bylaw of the Town of Stoughton or the
Commonwealth of Massachusetts.
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In order that the Stoughton Board of Selectmen may ensure a
consistent and effective mechanism for the enforcement of these regulations,
violations of any provision of these regulations shall result in the
following disciplinary action:
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1st Offense
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Written reprimand
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2nd Offense
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2nd written reprimand and $50 fine
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3rd Offense
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License suspension (1 day)
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4th Offense
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License suspension (3 days)
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5th Offense
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License revocation
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No holder of a pawnbroker license, following the
revocation of a license for any violation of these provisions or for
any other lawful reason, may apply for a new license until the expiration
of one year from the date of revocation.
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In addition to the above, the Stoughton Board of Selectmen may
suspend or revoke a pawnbroker's license without hearing if the
public health and safety so require. In such circumstances, the Stoughton
Board of Selectmen must forthwith give notice of the suspension or
revocation and serve the pawnbroker by certified mail or in hand with
notice of an opportunity for a hearing.
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Any pawnbroker regulation(s) in effect prior to the date of
adoption of these regulations are hereby rescinded.
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The Stoughton Board of Selectmen adopts these regulations in accordance with the provisions of Massachusetts General Laws, Chapter 140, § 78.
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