[HISTORY: Adopted by the Town of Palmer 2-23-1998 STM by Art. 9 (Ch. 121 of the 2007 Code).
Amendments noted where applicable.]
No person, corporation, partnership or firm shall hereinafter
carry on the business of pawnbroker in the Town of Palmer without
first having obtained a license authorizing the carrying on of such
business in the manner and upon the conditions stated in the succeeding
sections of this chapter.
There shall be no more than two licenses issued and outstanding
pursuant to this chapter at any given time in the Town. Any license
issued pursuant to this article shall be limited in its use to a single
site within the Town. Said site shall be in compliance with all zoning
regulations of the Town for use of said site as a pawnbroker business
and any other purpose for which the site is to be used.[1] No license issued pursuant to this chapter shall be assignable
or transferable by the licensee in any manner, and licenses shall
terminate upon sale or transfer of the business of said licensee.
The filing of bankruptcy by said licensee shall also terminate said
license.
[Amended 7-11-2007 by Ord. No. 2007-12]
The Town Manager may license suitable persons to carry on the
business of pawnbrokers in this Town pursuant to the provisions of
MGL c. 140. The fee for such license shall be $100.
Every pawnbroker within the limits of this Town shall keep a
permanently bound book in which shall be written, at the time of every
purchase or upon the receipt of any article, a description thereof,
the name, age and residence of the person from whom, and the day and
hour when, such purchase or receipt was made, and such book shall
at all times be open to the inspection of officers of the Police Department
and of any person authorized to make such inspection. Every pawnbroker
shall require identification from said person in the form of one of
the following: passport, military identification, driver's license
or state-issued identification card. A copy of said identification
shall be made by the pawnbroker and maintained in the permanent record.
Every licensed pawnbroker shall, at the time of each loan, deliver
to the person pawning or pledging any goods, article or thing a memorandum
or note, signed by him, containing the substance of the entry required
to be made in his book by the last preceding section, and no charge
shall be made or received by any pawnbroker for any such entry, memorandum
or note. The holder of such memorandum or note shall be presumed to
be the person entitled to redeem the pledge, and the pawnbroker shall
deliver such article to the person so presenting such memorandum or
note on payment of principal and interest. Should such memorandum
or note be lost or mislaid, the pawner shall at once apply to the
pawnbroker, in which case it shall be the duty of the pawnbroker to
permit such person to examine his books; in finding the entry for
such memorandum or note so lost or mislaid and upon his giving to
the pawnbroker an exact description of the article pawned, the pawnbroker
shall issue a second or stop memorandum or note for the same. In case
such pawner neglects to so apply and to examine said books and receive
such memorandum or note in the manner above stated, the pawnbroker
will be bound to deliver the pledge to any person producing such memorandum
or note for the redemption thereof. This chapter is not to be construed
as in any manner limiting or affecting such pawnbroker's common law
liability in cases where goods are stolen or other defects of title
exist in the pledger ledger.
[Amended 7-11-2007 by Ord. No. 2007-12]
The book of a licensed pawnbroker shall be opened to the inspection
of the Town Manager, all judges of the criminal courts, the police
or any or either of them, or any person who shall be duly authorized,
in writing, for that purpose by any or either of them and who shall
exhibit such written authority to such pawnbroker.
No licensed pawnbroker shall ask, demand or receive a rate of
interest greater than allowed under the laws of the State of Massachusetts
or 3% per month, or a 36% annual percentage rate (APR) for loans greater
than $25, whichever is less.
No keeper of a pawnshop shall, directly or indirectly, either
purchase or receive by way of barter or exchange any junk, old metal
or secondhand articles of a minor knowingly or having reason to believe
him to be such.
No article pawned to the keeper of a pawnshop shall be sold
until at least four months from the date of its pawning or receipt
have elapsed. The article shall be kept in an unaltered condition
for the required time period. For the purposes of this section, "unaltered
condition" means that the item or article shall be kept in the same
condition it was in at the time it was brought into the shop by the
seller.
A.
No keeper of a pawnshop shall take in pawn any item if it appears
that such item has had any serial numbers or identifying marks removed
or apparently removed.
B.
For the purpose of this section, "identifying mark" includes but
is not limited to engravings, initials or similar inscriptions on
rings, watches or other level or similar inscriptions on other items.
[Amended 7-11-2007 by Ord. No. 2007-12]
Violation of any provision of this chapter, or the rules and regulations promulgated by the licensing authority, shall be grounds for revocation of a license granted under § 95-1. This section, or any other section of this chapter, shall not limit any power of the licensing authority pursuant to the laws of the Commonwealth of Massachusetts to revoke any license at pleasure or otherwise.
Any item of merchandise within the custody or control of the
licensee shall at all times be kept within the confines of an existing
building and not on any exterior porches, decks or grounds.
Any item that is the subject of this chapter and which is stolen,
and within the custody or control of the licensee, may be seized by
the police as evidence. This section shall not abrogate or diminish
the rights of the lawful owner in said item.
Any licensee granted a license pursuant to this chapter shall
also comply with all other laws, rules and regulations of the Commonwealth
of Massachusetts regarding pawnbrokers, including, without limitation,
the provisions of MGL c. 140, § 70 et seq., in addition
to the provisions of this chapter. This chapter shall not be construed
as a limitation of said laws, rules and regulations.
In the event any section of this chapter shall be determined
to be invalid or unconstitutional, the remaining sections shall remain
in full force and effect.
