[HISTORY: Adopted by the City Council of
the City of Haverhill as Ch. 24 of the 1963 City Code (Ch. 187 of
the 1980 Code). Amendments noted where applicable.]
[Amended 6-8-1999 by Doc. 80]
No person shall carry on the business of a pawnbroker
or a person licensed to sell old gold or dealer to buy and sell secondhand
articles or loan money in the manner and for the purposes specified
and defined in § 76 of Chapter 140 of the General Laws and
all additions thereto or amendments thereof, except as otherwise modified
by law, without first obtaining a pawnbroker's license or a license
to sell old gold or a license to buy and sell secondhand articles
therefor from the City Council.
All applications for licenses hereunder shall
be investigated and reported on to the City Council by the Chief of
Police.
[Amended 5-2-2000 by Doc. 66]
Pawnbrokers' licenses shall be granted subject
to all the provisions of law and to such further rules and regulations,
not inconsistent with law or ordinance, as the City Council may from
time to time determine and impose, and all such licenses shall be
granted to expire on the first day of May next following the date
of their issuance, except that licenses granted in the month of April
shall continue in force for one year from the first day of May following.
Each registered pawnbroker and licensed person to buy and sell secondhand
articles shall require positive identification and shall record the
type of identification presented along with the date of birth of the
person selling, pawning or pledging. (Positive identification is picture
identification issued by a government agency.)
[Added 4-8-2003 by Doc. 64]
[Amended 6-8-1999 by Doc. 80]
All pawnbrokers' licenses and licenses to buy
and sell secondhand articles and old gold shall be revoked by the
City Council for violation of any law or ordinance or of any order
of the City Council, and any licensee violating any provision of this
part shall forfeit his license. The following penalties shall be in
place:
A.
The book required to be kept by pawnbrokers under
the provisions of MGL c. 140, § 179, and all additions thereto
or amendments thereof shall be of a size and style prescribed or approved
by the Chief of Police, and no entry made in any such book shall be
erased, obliterated or defaced.
B.
All articles purchased, received or acquired by any
dealer or keeper of a shop shall be kept in tact until at least 30
days shall have elapsed since its purchase, acquisition or receipt
by him. All articles must be kept intact for this thirty-day period
and shall not be dismantled for any reason. All articles deposited
with a licensed pawnbroker shall, unless redeemed, be retained on
the premises licensed and occupied for business.
[Added 6-8-1999 by Doc. 80;
amended 12-21-2004 by Doc. 72]
C.
Each pledger shall be required by the pawnbroker to
sign their name, age and address on a card. In the event that a pledger
is unable to write, the pawnbroker shall fill in the name, age and
address on such card, together with a notation stating the pledger
was unable to do so. Such card shall be retained seven years in an
alphabetical index file by the licensed pawnbroker.
[Added 12-21-2004 by Doc. 72]
D.
Every pawnbroker shall, at the time of making such loan, deliver to the person who pawns or pledges any goods, article or thing, a memorandum or note signed by the pawnbroker containing the substance of the entry required to be made in the book described in Subsection A above; no charge shall be made or required by any pawnbroker for any such entry, memorandum or note.
[Added 12-21-2004 by Doc. 72]
A.
Every licensed pawnbroker shall, at the time of making
any loan, attach a number to the article taken in pawn and shall make
an entry of such number against the account and description of such
loan or transaction required by law to be made in the book referred
to in the preceding section.
B.
No loan shall be granted against any firearm, rifles,
shotguns or machine guns.
[Added 6-8-1999 by Doc. 80;
amended 12-21-2004 by Doc. 72]
No pawnbroker shall, directly or indirectly,
loan money on, or receive in pawn, any article from a minor, knowing
or having reasonable cause to believe him to be such.
A.
Every pawnbroker shall make out and deliver to the
Chief of Police every day before the hour of 12:00 noon, upon blank
forms to be furnished by the Chief of Police, a legible and correct
list containing an accurate description of all articles purchased,
pledged or taken in pawn during the preceding 24 hours, the amount
paid therefor or loaned thereon, the time when such articles were
purchased, pledged or taken in pawn and the number of the pawn ticket.
B.
Any officer of the Police Department may, at any time,
enter upon the 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 the premises
and all books and inventories shall be exhibited to any such officer
whenever a demand shall be made for such exhibition.
[Added 12-21-2004 by Doc. 72]
Every pawnbroker shall maintain in some conspicuous
place on the outside of his shop or office a sign having his name
and occupation legibly inscribed thereon in large letters, and no
pawnbroker shall have his shop or office open for the transaction
of business or transact any business therein on Sundays or on weekdays
before sunrise or after 9:00 p.m., except that on Saturdays such shop
or office may be kept open for business from sunrise until 10:00 p.m.
Every pawnbroker shall post in a conspicuous place in his shop or office, so that such copies may be easily seen and read by all persons resorting to such shop or office, a copy of this chapter, a copy of the order of the City Council fixing the rate or rates of interest to be charged or not to be exceeded by pawnbrokers and a copy of any further ordinance, order, rule or regulation relating to the business of a pawnbroker or to that of loaning money as defined in § 187-1, which may hereafter be passed or made by the City Council.
[Added 12-21-2004 by Doc. 72]
A.
Interest.
(1)
Licensed pawnbrokers may charge the following rates
of interest: For all loans, 3% a month forthwith, with a rate of 10%
a month upon acceptance of same by the Commissioner of Banks pursuant
to MGL c. 140, § 78.[1]
[1]
Editor's Note: Said rate of interest in excess
of 3% was not approved by the Commissioner of Banks.
(2)
No such pawnbroker shall charge or receive any greater
rate of interest, and interest shall be determined on the precise
sum advance by the lender.
B.
No pawnbroker, person licensed to buy and sell secondhand
articles and buy and sell old gold shall charge or receive any extra
charge or fee for storage, care or safekeeping of any goods, articles
or thing pawned or sold with him.
[Amended 12-21-2004 by Doc. 72]
No holder of any of these licenses shall hold
a license to sell, rent or lease a firearm, rifles, shotguns or machine
guns.
Each registered pawnbroker and persons licensed
to buy and sell secondhand articles shall require positive identification
and shall record the type of identification presented, along with
the date of birth of the person selling, pawning or pledging (positive
identification is picture identification issued by a government agency).
A photograph or photocopy shall be made of the
positive identification card that is presented, which shall include
the date of birth of the person pawning. The photo shall be attached
to pawn slips delivered to the police station.
Every piece of jewelry purchased, pledged or
taken in pawn shall be photographed. The photo shall be attached to
pawn slips delivered to the police department.
[Added 10-8-2013 by Doc. 99]
Any individual or entity who accepts secondhand items on consignment for sale to the public must obtain from the consignor positive identification as defined by § 187-3. The consignee shall maintain on file said positive identification for a period of three years after accepting any such secondhand items for consignment sale. Any person or entity who rents space within a shop or store to others to display secondhand items for sale shall also obtain positive identification from the tenant and maintain on file said positive identification, a copy of which shall be filed with the Chief of Police within 10 days. A consignment shop which maintains one point of purchase or payment shall only be required to pay for a single license to buy and sell secondhand articles. If each person who rents space within a single consignment shop or store collects his or her own payment, then each such person shall be required to obtain a license to buy and sell secondhand articles.
