Any officer of the Lunenburg Police may at any time enter upon
any premises used by a licensed pawnbroker or buyer for the purposes
of his or her business, ascertain how he or she conducts his or her
business and examine all articles taken in pawn or bought, or kept
or stored in or upon said premises; and all books and inventories
shall be exhibited to any above named whenever a demand shall be made
for such exhibition. (MGL c. 140, § 74) (Penalty for refusal,
MGL c. 140, § 74)
Every licensed pawnbroker or buyer shall, at the time of making any loan, attach a number to the article taken in pawn or bought and shall make entry of such number in the book provided for in §
184-5 of this article.
Each pledger shall be required by the pawnbroker to sign his/her
name and age and address on a card. In the event that the pledger
is unable to write, the pawnbroker shall fill in the name, age and
address on such card, together with a notation stating that the pledger
was unable to do so. Such card shall be retained for seven years in
an alphabetical index file by the licensed pawnbrokers.
Every pawnbroker or buyer shall at the time of making such loan deliver to the person who pawns or pledges any goods, articles or things, a memorandum or note signed by him, containing the substance of the entry required to be made in his book by the provisions of §
184-5, and no charge shall be made or required by any pawnbroker or buyer for any such entry, memorandum or note. (MGL c. 140, § 80)
A pawnbroker or buyer may have his/her shop open for transactions
between sunrise and 10:00 p.m. in the evening of any weekday and weekend.
Under no circumstances can a pawnbroker or buyer operate after the
hour of 10:00 p.m. to sunrise.
[Amended 5-7-2022 ATM by Art. 24]
The Select Board may suspend or revoke licenses provided for
by this article for any cause which the Select Board deems sufficient.
Offenses which may result in the suspension or revocation of a pawnbroker's
or buyer's license include but are not limited to the following:
A. A violation of any section of this article.
B. A violation of any provision of any statute or applicable law.
The Town of Lunenburg finds that there is a cognizable risk
for stolen metals to end up in the possession of even legitimate businesses
which trade in metals, including precious metals. Certain criminals
bring stolen metals, including precious metals, to dealers in jewelry
and scrap metal. The victims of theft have only small hope of recovering
their property unless the people and entities who receive scrap metals
and jewelry are regulated in a manner which identifies both the metal
received by the dealers and the persons who deliver the metal to these
dealers. There is an internet alert system used by the Lunenburg Police
Department which reports stolen metals. Monitoring transactions within
the Town and identifying both the metals and the persons selling or
delivering these metals will serve both to deter theft and to enable
the Lunenburg Police Department to trace and recover stolen property
and return it to the rightful owners.
As used in this Article
II, the following terms shall have the meanings indicated:
ARTICLE
Any metal which is subject to Article
II and is exchanged, sold, collected, bartered or received by a person dealing in metals.
BOARD
The Select Board.
[Amended 5-7-2022 ATM by Art. 24]
CHIEF OF POLICE
The Chief of the Lunenburg Police Department or his designee.
EXCHANGE
Receiving, purchasing, selling or bartering metals, including
precious metals and industrial scrap metals.
METAL
A chemical element that is malleable, opaque and ductile,
usually solid, which has a characteristic luster, is a good conductor
of heat and electricity, and can be melted or fused, hammered into
thin sheets, or drawn into wires, e.g., copper, aluminum, gold, silver
or iron or other metals.
PRECIOUS METAL(S)
Any metal which is considered valuable, such as silver, gold,
platinum and copper, without regard to the form or amount of such
precious metal.
[Amended 5-7-2022 ATM by Art. 24]
A. No person shall collect, deal in, exchange, buy, or keep a shop or place for the exchange, purchase, sale or barter of metals, including precious metals and industrial metals, in any building or place within the limits of the Town without having a license issued by the Select Board. The license requirement and the other requirements of this Article
II shall not apply to commercial haulers having valid, current United States Department of Transportation stickers affixed to their vehicles.
B. The Select Board may, for a fee set by said Board and based upon an application devised by said Board, license suitable persons to be dealers in and keepers of shops or locations for the purchase, sale or barter of precious metals at such places within the Town as may be designated in such license. The Select Board may place reasonable conditions on such licenses, which shall be inscribed on the face of the license. A license shall be limited to a specific address stated thereon. Subject to the notice and appeal provisions contained in §
184-23E(2) and
(3) of this Article
II, the Select Board may deny a license to any person who in the exercise of his reasonable discretion is unsuitable.
C. All metal dealer licenses shall expire annually on the last day in December. The license holders shall be responsible for submitting an application for license renewal with the license fee to the Select Board at least 30 days prior to the last day in December. Upon receipt of an application for renewal, the Board shall consider the performance of the licensee during the previous year and shall determine whether the licensee had been found in violation of this Article
II and other ordinances and regulations of the Town applicable to metal dealers.
D. The Select Board may promulgate reasonable regulations not inconsistent with this Article
II which shall be binding upon all licensees. No regulation shall take effect until the expiration of 30 days from the date the regulation(s) is delivered or mailed to the person(s) then licensed. The Select Board shall deliver a complete set of regulations and any amendments thereto to the Town Clerk. The Town Clerk shall maintain the complete set of all regulations in a book available to the public.
E. The obligation to obtain a license as required by this section will
take effect 45 days after it is finally enacted and the bylaw is approved
by the Attorney General.
No licensee shall, directly or indirectly, exchange any metals
with a person under the age of 18.
No article exchanged, purchased or received shall be sold, or
altered in appearance, form or substance until a period of at least
21 days has elapsed from the date of its purchase or receipt. All
articles exchanged, purchased or received must be made available to
the Lunenburg Police Department upon request within 24 hours of such
request, and the Police Department may investigate to determine if
any article is or may be stolen property. This waiting period does
not apply to scrap metal yards which are exempt from any waiting period.
Every licensee shall electronically create and send to the Police
Chief or his designee on a form, in the manner and at the time prescribed
by the Police Chief or his designee, a legible complete list containing
an accurate description of all metal articles received by the licensee
during the previous 24 hours. The description must include: the type
of metal, the size and/or quantity, whether the article is or may
be a precious metal, if applicable; whether the article is typically
used by or associated with a male or female, the wording of any engraving,
whether the article has any gems or precious stones, any identifying
number and every other identifiable trait.
Every licensee shall post in some suitable and conspicuous place where he or she receives or exchanges articles, a sign having his/her full legal name, and his/her business name, if different, and his/her occupation legibly described thereon in large letters. The current license shall also be so posted. The location where transactions occur, the store or shop and all articles exchanged and/or kept therein or received therein and the book and documents required by this Article
II may at all times be examined by the Police Chief or any police officer at their request.
License and administration fees shall be as follows:
A. Secondhand buyer of goods and electronics, annually: $250.
B. Secondhand buyer of metal and precious metals, annually: $250.
C. Pawnbroker license, annually: $100.