(A0150-12)
Any suitable person complying with the provisions of this article and Chapter 140 of the General Laws may be licensed to set up and maintain the business of a pawnbroker within the city. No person shall set up or maintain a business of a pawnbroker without complying with such provisions.
(A0278-13; amended C0255-18)
The fee for a license as a pawnbroker or renewal thereof shall be as specified in Article XI of this Chapter.
(A0278-13)
Every licensee under the provisions of this article shall, at the time of receiving such license, file with the City Clerk a bond to the city in the sum of three hundred dollars ($300.00) with two (2) sureties approved by the city council, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed.
Any person who, not being licensed as provided by this article, carries on the business of pawnbroker or is concerned therein within the city, or being licensed, carries on such business or is concerned therein in any other place or manner than that designated in the pawnbroker’s license, or after notice to the pawnbroker that his or her license has been revoked, shall be punished in the manner set forth in Section 75 of Chapter 140 of the General Laws.
Every pawnbroker shall put in some suitable and conspicuous place on his or her place of business a sign having his or her name or business name and occupation legibly inscribed thereon in large letters.
(A0249-13)
(a) 
Licensed pawnbrokers may charge interest at the rate of 3% per month.
(b) 
No such pawnbrokers shall charge or receive any greater rate of interest, and interest 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 lender.
(a) 
Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by the pawnbroker on the premises occupied by the pawnbroker for his or her business for at least four (4) months after the date of deposit, if not of a perishable nature and if perishable, for at least one (1) month after such date. After such date, the pawnbroker may sell the same by public auction, apply the proceeds thereof in satisfaction of the debt or demand and the expense of the notice and sale, and pay such surplus to the person entitled thereto on demand; provided, that after the expiration of the applicable period of time, no such sale of any article of a nonperishable nature shall be made unless not less than ten (10) days before the sale a written notice of the intended sale has been sent by registered mail to the person entitled to the payment of any surplus, addressed to that person’s residence, as appearing in the records of such pawnbroker.
(b) 
No article taken in pawn by such pawnbroker exceeding twenty-five dollars ($25.00) in value shall be disposed of otherwise than as provided in subsection (a) of this section, any agreement or contract between the parties thereto to the contrary notwithstanding.
(c) 
Articles of personal apparel shall not be deemed to be of a perishable nature within the meaning of this section.
(A0278-13)
The police chief, the city council, or any officer authorized by either of them, or a state police officer, may at any time enter upon the premises used by a licensed pawnbroker for the purpose of the pawnbroker’s business, to ascertain how the pawnbroker conducts the business, and examine all articles taken in pawn or kept stored or kept in or upon the premises and all books and inventories relating thereto. Every such pawnbroker, the pawnbroker’s clerk, agent, servant or other person in charge of the premises shall exhibit to such officer on demand any or all of such articles, books and inventories.
(A0278-13)
The police chief, or their duly authorized and qualified subordinate upon orders from the police chief, shall make an inspection of every pawnshop in the city for the purposes set forth in Section 12-214 at least once every forty-five (45) days and report any violations of this article or any violation of Chapter 140 of the General Laws pertaining to pawnbrokers to the city council for such action as it may deem necessary and expedient for the public welfare.
A licensed pawnbroker, clerk, agent or other person in charge of such premises who refuses to admit thereto an officer or any person duly authorized by this article to enter the same, or who fails to exhibit to such officer or authorized person on demand all such articles, books and inventories, and any person who willfully hinders, obstructs or prevents such officer or authorized person from entering the premises for making the examination authorized in Sections 12-214 and 12-215 shall be punished in such manner as provided by the General Laws or as provided by this article, whichever of the two (2) provisions provides the greater punishment to control.
No person shall engage in or carry on the business of loaning money upon 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, unless that person is licensed as a pawnbroker.
(A0278-13)
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 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 oftener if required, to the city council or to any person designated by the city council.
Every pawnbroker shall, at the time of making a loan, deliver to the person who pawns any article a memorandum or note signed by the pawnbroker and containing the substance of the entry required by Section 12-219. No charge shall be made or required by any pawnbroker for such entry, memorandum or note.
(C0349-16)
(a) 
Definitions.
As used in this section, the following terms shall have the meanings indicated:
“Donation bin”
means any container or receptacle held out to the public as a place for people to drop off donated articles and to store such articles until carted away.
(b) 
Prohibitions.
(1) 
No person or other legal entity shall hold any donation bin out to the public for people to drop off articles, unless the proceeds from the sale of such articles shall be utilized for charitable purposes.
(2) 
No person or other legal entity shall place or maintain any donation bin on any premises open to the public except when issued a permit by the City Clerk.
(c) 
Standards.
Registered nonprofit organizations are permitted to place used donation bins on nonresidential property in accordance with the following:
(1) 
Any person or entity wishing to place or utilize a donation bin within the area of the City of Everett in a place that is open to the public must obtain a permit from the City Clerk.
(2) 
There shall be no fee for an application or permit to place a donation bin subject to the provisions of this chapter at any location.
(3) 
Only entities or organizations that have a tax status under Section 501(c)(3) of the Internal Revenue Code, as amended, may apply for and obtain a permit. Proof of such tax status must accompany an application for a permit.
(4) 
A donation bin that is subject to the provisions of this chapter must have clearly identified, in writing, on its face the entity or organization that is maintaining the donation bin. A phone number and address for such entity must also be written on the donation bin.
(5) 
Nonresidential commercial premises devoted to nonprofit purposes, and churches, are permitted to have up to three used donation bins.
(6) 
The bin(s) shall be appropriately located so as not to interfere with sight triangles, on-site circulation, required setbacks, landscaping, parking, and any other requirements that may have been imposed as part of the site plan approval for the premises, and shall be placed on a concrete surface.
(7) 
The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.
(8) 
Each bin shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.
(9) 
Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used articles being strewn about the surrounding area.
(10) 
Submission of a letter of authority/permission from the owner of the property upon which the bins are to be and/or are already located.
(d) 
Enforcement – Penalties for Offenses – Injunctions.
(1) 
If any donation bins are placed without a permit, or an inspection reveals that such bins are not in compliance with this section, enforcement and abatement shall take place as generally provided under this section.
(2) 
The owner, lessee, or other person or legal entity in control of the property where a donation bin is being maintained in violation of this chapter and the person or entity which owns, maintains, or operates a donation bin in violation of this chapter shall be jointly and severally liable therefor.
(3) 
Code enforcement officers of the inspectional services department and the Everett Police Department are hereby authorized to issue tickets, for any violations of this chapter.
(4) 
Any such violation shall be categorized as an offense punishable under Section 1-8. Each day that the offense(s) shall continue shall be considered a separate violation.
(5) 
Additionally, the City may, in an appropriate case, institute a cease and desist order in the name of the City to assure compliance with the terms of this chapter.
(e) 
Exemption.
This chapter shall not apply to any donation bin that is located on premises that is owned or leased by any religious or charitable organization.
(f) 
Severability.
In the event that any provision of this chapter shall be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, then only that specific provision shall not be enforced, and all other sections and provisions shall remain in full force and effect.