[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.
A.
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.
B.
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.
A.
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.
B.
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.
