As used in this chapter, the following terms shall have the
meanings indicated:
PAWNBROKER
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.
PERSON
Includes one or more natural persons, corporations, partnerships,
associations, joint-stock companies and all other entities of any
kind.
PUBLIC SALE
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.
STATE LAW
Massachusetts General Laws, c. 140, §§ 70
to 85 and §§ 202 to 205.
TOWN
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.
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.
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.
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.