This by-law is adopted for the purpose of regulating transactions in items which have been historically shown to be subject to theft and illicit transfer. The function of this by-law is to discourage such theft and illicit transfer from occurring within the Town and to mandate the keeping of certain records which will assist victims of theft in recovering their stolen property and which will assist law enforcement authorities in the apprehension of perpetrators of theft and detection of regulated parties intentionally transacting business in stolen property. This chapter has been enacted pursuant to the authority granted to the Town of Carver by MGL c. 140, §§ 54 to 55, 70 to 84, and 202 to 205.
[HISTORY: Adopted by the Town Meeting of the Town of Carver as Ch. 8, § 8.6, of the 2015 Compilation. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any metal traded on the commodity market, including, but not limited to, gold, silver, platinum, brass, copper, copper alloy, aluminum, stainless steel, rhodium, palladium, titanium and magnesium.
Any person, firm, partnership, or corporation whose business includes any transaction wherein there is the lending of money secured by taking possession of property, with interest charged thereon, with the right to sell the property if it is not redeemed. A person, firm, partnership or corporation shall be deemed to be a pawnbroker whether the transaction takes the form of a loan by the pawnbroker secured by the property or a sale to the pawnbroker with the right to repurchase within a specified period of time. Pawnbrokers are regulated according to MGL c. 140, §§ 70 to 84 and 202 to 205.
Any natural person, two or more natural persons acting in concert, corporations, partnerships, associations, joint-stock companies and all other entities of any kind.
Anything of value, including but not limited to jewelry, watches, clocks, diamonds or other precious stones or gems, gold, silver, platinum, other precious metals or commodity metals, musical instruments and equipment, cameras, furs, fur coats or other kinds of wearing apparel, televisions, DVD players, videocassette recorders and other electronic equipment, tools, computers and computer equipment, firearms, auto accessories and office and store fixtures and related equipment.
Any person, firm, partnership or corporation whose business is the retail buying, selling, buyback, exchanging, dealing in or dealing with secondhand articles and property. Secondhand dealers are regulated according to MGL c. 140, § § 54 to 55 and 202 to 205.
The Select Board may license such persons as it deems suitable to be pawnbrokers or secondhand dealers within the Town. All licenses so granted shall contain a clause that the person so licensed agrees to abide by and be subject to all provisions of this by-law and applicable provisions of the Massachusetts General Laws, as may be from time to time amended.
No person, firm, partnership or corporation shall operate, conduct or engage in business as a pawnbroker or secondhand dealer unless such person, firm, partnership or corporation obtains a license from the Town of Carver through the Select Board in accordance[1] MGL c. 140, §§ 54 to 55, 70 to 84, and 202 to 205, respectively. Applications for licenses for pawnbrokers or secondhand dealers shall be made in writing to the Town of Carver on forms provided by the Town of Carver.
A.
Investigation of applicant. All applications shall be submitted by the Select Board to the Chief of Police, who shall cause an investigation to be made of the fitness of the applicant and the applicant's employees to carry on the business of pawnbroker or secondhand dealer. The Chief of Police shall then report his or her findings to the Select Board.
B.
Location. The license shall be issued for a specific location within the Town of Carver and is not transferable to any other person or location without the express written consent of the Select Board.
C.
Fee. Upon approval by the Select Board, a fee of $50 shall be paid by the applicant to the Select Board prior to the issuance of the license.
D.
Bond. The licensee shall, at the time of receiving such license, file with the Select Board a bond in the sum of $300, with two sureties approved by the Select Board, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed.
E.
Display of license. Licensees shall display their current license in a conspicuous place within the business where it may be readily viewed by the general public.
F.
Expiration; revocation. A numbered license shall be issued in December and take effect on January 1 of each year and shall continue in full force for a period of one year unless revoked prior to this date by the Select Board at any time after notice to the licensee and hearing on the charges preferred.
[1]
Editor's Note: So in original; should read "in accordance with."
A.
Every pawnbroker and secondhand dealer shall keep and maintain a complete written record of each transaction. This record, which must be kept on file for seven years, shall be in the English language and include a full and accurate detailed description, including serial numbers and identifying characteristics such as all markings, engravings, damage and gender specificity, of the item or items purchased, pawned or pledged; the date and time of such transaction; the clerk's name who conducted the transaction; the amount of money loaned and the rate of interest to be paid on said loans; the full name, date of birth and address of the seller or pledger; the name and address of the seller's or pledger's employer and a thumbprint of the seller, absent smudges and smears.
B.
All property purchased, pawned or pledged shall be photographed with a digital camera or digital image scanner. A color digital image shall be saved in a manner to allow it to be electronically sent to the Carver Police Department as part of the transaction record.
C.
Miscellaneous amounts of jewelry will be separated and not photographed in one aggregate pile. The image shall be sent electronically in a PDF or JPG format.
D.
Pawnbrokers and second hand dealers shall also photograph any person pawning, selling or pledging articles and keep the photographs as part of the records required pursuant to this section.
A.
Every pawnbroker and secondhand dealer shall require every seller or pledger of items to produce, in person, a valid positive photographic identification issued by a United States federal or state government agency. The identification used must include the seller's or pledger's full name, date of birth, and current street address. The identification must have been issued in the past five years. The type of identification used shall be noted on the transaction records. At no time shall a pawnbroker or secondhand dealer accept another person's photographic identification for any transaction. The pawnbroker or secondhand dealer shall attach a photocopy of the identification shown to the transaction record.
B.
No pawnbroker or secondhand dealer shall transact business with anyone who appears to be under the influence of drugs or alcohol.
A.
Every secondhand dealer shall retain possession of all property purchased for a twenty-one-day period subsequent to the purchase thereof; provided, however, that any such item may be disposed of by the purchaser within such thirty-day period with the written permission of the Chief of Police.
B.
Property, including jewelry, shall be maintained in the condition in which it was received, and shall not be altered, damaged, or destroyed during the holding period for any purpose. Property must be maintained at the dealer's licensed location during the holding period. Property with damaged or defaced serial numbers or identifying characteristics shall not be accepted for purchase, pledge or pawn.
A.
Pawnbrokers and secondhand dealers shall electronically file documentation of all transaction records to the Chief of Police, within 24 hours of the end of said dealer's business day in which the transaction occurred. If during any week a pawnbroker or secondhand dealer has not purchased any items, he or she shall make a report of such fact to the Chief of Police on or before 10:00 a.m. of the first business day of the following week.
B.
The complete transaction record shall be submitted on one standard-size page. The transaction record shall include all of the information required by § 211-5 of this by-law.
C.
Every pawnbroker and secondhand dealer shall use the transaction record form prescribed by the Town of Carver.
Pawnbrokers and secondhand dealers shall retain each original transaction record in his or her possession for a period of seven years. The records, along with the respective property, shall be kept or stored in or upon the licensed premises. The licensed premises may be inspected at any time by a duly authorized police officer. MGL c. 140, § 73, provides for this inspection process and MGL c. 140, § 74, makes any willful obstruction of the police a misdemeanor punishable by a fine of not more than $200 or by imprisonment for not more than one year or both.
A.
No pawnbroker or secondhand dealer shall transact business with anyone under 18 years of age.
B.
No pawnbroker or secondhand dealer shall transact business at other any place than the one designated on the license.
C.
No pawnbroker or secondhand dealer shall transact business after the license expires or is revoked.
D.
No pawnbroker or secondhand dealer shall accept any property of any kind which is distinctly and plainly marked as being the property of any person other than the person offering the property unless the person offering the property shows satisfactory evidence to show that they are the legal owner or legal representative of the person identified on the markings. This evidence shall be kept with the required records of the transaction.
E.
Any pawnbroker or secondhand dealer and their employees who know or reasonably believe that property being offered if stolen, it shall be the duty of such person to report the same at once to the Carver police.
F.
All pawnbrokers and secondhand dealers shall refrain from paying cash for precious metals and articles purchased that will be liquidated, melted down or resold. The preferred method of payment should be a business check which can be traced back to the recipient.
A.
The Select Board may, independently or upon recommendation from the Chief of Police, suspend or revoke said license for any violation of this by-law, or any other applicable federal, state or local law or for reasons it deems to be in the best interest of the Town, after a hearing. Notice of the suspension or revocation will be made, in writing, to the owner(s) of the business within five business days of said hearing.
B.
This by-law may be enforced by any Town of Carver police officer. Any person found violating any provision of this by-law may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D, and the Town's noncriminal disposition by-law.[1] If noncriminal disposition is elected, then any person who violates any provision of this by-law shall be subject to a penalty in the amount of $100.
C.
Any person found violating any provision of this by-law may be penalized by indictment or complaint brought in the District Court. Except as otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation of offense shall be $100.
D.
The Town may enforce this by-law or enjoin violations thereof through any lawful process, and the election of one remedy shall not preclude enforcement through other lawful means.
E.
Each day a violation exists shall be considered a separate offense.
The provisions of this chapter shall be severable, and if any phrase, clause, sentence or provision of these regulations shall, for any reason, be held invalid or unconstitutional, the validity of the remainder of these regulations shall not be affected thereby.