[HISTORY: Adopted by the Town Meeting of the Town of Avon 5-7-2019 ATM by Art. 8. Amendments noted where applicable.]
[Amended 1-28-2023 STM by Art. 9]
No pawnbroker shall operate in the Town of Avon unless a license
has been granted by the Select Board. The term "pawnbroker" shall
mean a person, firm, or corporation who or which engages in or carries
on the business of lending money on mortgages, deposits or pledges
of wearing apparel, jewelry, ornaments, household goods or other personal
property or of purchasing such property on condition of selling it
back again at a stipulated price, when the property so mortgaged,
pledged or purchased is deposited with the lender. This requirement
for licensing as a pawnbroker shall not apply to loans made upon stock,
bonds, notes or other written evidence of ownership of property or
of indebtedness to the holder or owner of such securities.
[Amended 1-28-2023 STM by Art. 9]
Application for license as a pawnbroker and for the renewal
of such license shall be filed with the Town Clerk for submission
to the Select Board for approval or disapproval. The application for
the renewal of a license shall be filed with the Town Clerk a minimum
of 30 days prior to its expiration. All licenses issued shall expire
on May 1 following the date of issue unless sooner revoked.
The application for a license shall state the name and address
of any person or persons having any interest, financial or otherwise,
in the business to be conducted under the license. If the applicant
is a single proprietorship or a partnership, the name and address
of the owner or each partner shall be stated. If the applicant is
a corporation, the name and address of the President, Vice President,
Clerk and Treasurer-Collector shall be stated.
The fee for a license as a pawnbroker shall be established by
ordinance. The licensee, at the time of receiving such license, shall
file with the Town Treasurer-Collector a bond payable to the Town
of Avon in the sum of $300, with two sureties approved by the Town
Treasurer-Collector, conditioned for the faithful performance of the
duties and obligations pertaining to the business so licensed.
Whoever, not being licensed, carries on the business of a pawnbroker
or whoever, being licensed, carries on such business in any other
place or manner than that designated in his license or carries on
such business after notice to him that his license has been revoked
shall be punished by a fine of $50.
[Amended 1-28-2023 STM by Art. 9]
Every pawnbroker shall keep a book in which, at the time of
making a loan, shall be legibly written in the English language an
account and description, including all distinguishing marks and numbers,
of the articles pawned, the amount of money loaned thereon, the time
of pawning them, the rate of interest to be paid on such loan, and
the name and residence of the person pawning such articles, and shall
furnish a correct record of such transactions, containing all such
information, once a week, or more often if required, to the Select
Board or to any person designated by it. Every pawnbroker shall also
photograph any person pawning articles and keep the photographs with
said books as part of his records.
B.
No such pawnbroker shall charge or receive any greater rate of interest
and the rate shall be determined on the precise sum advanced by the
lender.
C.
No pawnbroker shall make or receive any extra charge or fee for storage,
care or safekeeping of any goods, articles or things pawned with the
licensed pawnbroker. (MGL c. 140, § 78). MGL c. 140, §§ 70
to 85, delegates the licensing of pawnbrokers to cities and towns
and requires that cities and towns obtain the Commissioner of Banks'
approval of any locally adopted pawnbroker regulations, including
provisions to set maximum interest rates.
D.
No pawnbroker may lawfully charge an interest rate that has not been
approved by the Division of Banks.
Every pawnbroker shall, at the time of making such a loan, deliver to the person who pawns any article a memorandum or note signed by him and containing the substance of the entry required by § 179-6 hereof. No charge shall be made or required by any pawnbroker for such entry, memorandum or note.
The Chief of Police or any police officer authorized by him
may at any time enter upon any premises used by a licensed pawnbroker
for the purposes 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 relating thereto. Every
such pawnbroker, his clerk, agent or other person in charge of the
premises shall exhibit to such officer on demand any or all of such
articles, books and inventories.
A licensed pawnbroker, clerk, agent or other person in charge of such premises who refuses to admit thereto an officer authorized to enter the same, or who fails to exhibit to him on demand all such articles, books and inventories, and any person who willfully hinders, obstructs or prevents such officer from entering the premises or from making the examinations authorized in § 179-9 hereof shall be punished by a fine of $200.
Articles deposited in pawn with a licensed pawnbroker shall
be retained by the lender on the premises occupied by the pawnbroker
for the business for at least four months after the date of deposit.
After the expiration of the four-month period, the pawnbroker may
sell the articles in a commercially reasonable manner, 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
upon demand; provided that no such sale of any article shall be made
unless not less than 10 days prior to the sale written notice of the
intended sale shall have been sent by registered mail to the person
entitled to the payment of any surplus, addressed to her or his residence,
as appearing on the records of such pawnbroker. No article taken in
pawn by such pawnbroker exceeding $25 in value shall be disposed of
otherwise than as here provided, any agreement or contract between
the parties thereto to the contrary notwithstanding (MGL c. 140, § 71).
Proof of notice by registered mail shall be kept in the records of
the pawnbroker for one year after the date of the sale.
All licensed pawnbrokers shall adhere not only to the provisions
of this bylaw but to the provisions pertaining to pawnbrokers set
forth in MGL c. 140, §§ 70 through 83, and to the rules
and regulations of the Avon Police Department pertaining to pawnbrokers.
A.
Whoever
violates any provision of this bylaw shall be punished by a fine of
$200, except where a different fine is imposed herein for any specific
violation of the bylaw. The violation of any provision of this bylaw
or the making of any false statements on the application for a license
shall be cause for the revocation of the license.
B.
The penalties
imposed herein for violations of this bylaw shall be assessed in accordance
with the provisions for the noncriminal disposition of violations
in MGL c. 40, § 21D, as amended.
No pawnbroker shall sell, rent, or lease firearms, rifles, shotguns
or machine guns. A pawnbroker who loans money secured by deposit or
pledge of a firearm, rifle, shotgun, or machine gun, shall be punished,
in accordance with the provisions of MGL c. 140, § 131B,
by a fine of not more than $500 or by imprisonment for not more than
one year, or by both.
