[HISTORY: Adopted by the Town of Abington 6-9-2014 ATM by Art. 19. Amendments noted where applicable.]
No pawnbroker shall operate in the Town of Abington unless licensed to do so by the Board of Selectmen. The Board of Selectmen is hereby authorized to adopt policies governing the licensing process for pawnbrokers.
Any pawnbroker license issued by the Board of Selectmen shall require that police officers of the Town of Abington be provided with reasonable access to the licensed premises to examine all articles taken in pawn or kept or stored upon the premises. All books and inventories shall be exhibited without delay upon demand.
If a licensed pawnbroker, clerk, agent or other person in charge of the premises refuses to admit an authorized agent to enter or fails to exhibit to them upon demand all such articles, books and inventories or hinders, obstructs or prevents an investigation, the license shall be immediately and without delay revoked and the licensee shall be subject to the penalties set forth in MGL c. 140, § 74, including a fine of not more than $200 or by imprisonment for not more than one year, or both.
Any person licensed as a pawnbroker in the Town of Abington shall, at the time of making any loan, attach a number of the article taken in pawn and/purchased by the agent, clerk, agent or other person in charge. Each and every numbered item shall be kept in a record book of a style and size to be approved by the Chief of Police, in which shall be legibly written in the English language. An account and description to include any distinguishing marks or numbers of the goods, articles or items shall be recorded. The amount of money paid and/or loaned, day and hour when it was purchased and/or pawned, and rate of interest to be paid shall also be recorded. A colored photograph shall also be taken of the item and kept for a period for at least one year from the time of acquisition. The photograph shall be taken at a close enough proximity to make recognition of the item easy for any authorized agent to view.
Every licensed pawnbroker shall photograph any person pawning or selling any item and keep such photographs with the record books as part of the pawnbroker's records. The photograph shall also include the name, age and residence of the person. Positive identification shall be required, clearly photocopied and kept with the records. Positive identification shall mean any picture identification issued by an authorized governmental agency of the United States of America or its political subdivisions. The pawnbroker shall also require that the seller sign his or her name.
Any person licensed as a pawnbroker shall hold all items taken in for a minimum of 60 days before the resale, trade, melting, changing the appearance of or any other means of disposing an item. Audit sheets shall be submitted to the Chief of Police or his designee on a weekly basis with record of all transactions including the date of sale, amount, seller's name and address, date of birth, driver's license or other number provided on picture identification issued by an authorized governmental agency and an itemized list and description of each article.
Any person licensed as a pawnbroker shall, if it is determined that any goods, article or other item taken into possession are stolen property, or if the rightful owner of property identifies the same and the property is confirmed by a member of the Abington Police Department to be stolen, the property shall be immediately returned to the rightful owner at no cost to such owner.
Complaints concerning a licensed or unlicensed pawnbroker shall be made to and may be investigated by the Chief of Police or the Chief's designee. Upon determination of a violation, the Board of Selectmen shall serve notice by certified mail or in hand as to the date, time and place of hearing along with a statement of the reasons. The Board of Selectmen, Police Chief or their respective designee may suspend or revoke a pawnbroker's license without hearing if public health and/or safety so require. In such circumstances, the Board of Selectmen shall forthwith give notice of the suspension or revocation and serve the pawnbroker by certified mail or in hand with notice of the opportunity for a hearing.
This Bylaw shall be enforced in accordance with the provisions of §§ 1-1 and 1-2 of the Town Bylaws. In addition, offenses that may result in suspension or revocation of a license include but are not limited to the following: