[HISTORY: Adopted by the Town Meeting 10-18-1993 FATM, Art. 42 (Sec. 140.6 of the General Bylaws). Amendments noted where applicable.]
[Amended 5-11-2009 ATM, Art. 26; 5-13-2013 ATM, Art. 9]
No person shall carry on a business of a pawnbroker or keeper of the shop for the purchase, sale or barter of junk, precious metal, stones, and gems, old metals, which shall be defined as gold and silver, or secondhand articles unless he is duly licensed thereof by the licensing board, the Board of Selectmen. The annual fee for the license shall be one hundred dollars ($100).
No person who does not maintain a permanent place of business in the Town of Webster pursuant to § 494-5 of this bylaw shall deal in old metals "defined as gold and silver" unless he has furnished to the Board of Selectmen a bond in such sum as the board may by regulation require, executed by him or a surety company authorized to do business within the Commonwealth or by the applicant and by two good and sufficient sureties approved by the board. Said bond shall be payable to the Town of Webster, for the benefit of any person aggrieved, and shall be conditioned upon the faithful observation by the licensee of all applicable statutes, bylaws and regulations. Any person so aggrieved may bring suit on the bond in his own name; provided, however, that the aggregate liability of the surety to all such persons shall in no event, exceed the sum of such bond. The board may revoke the license of any dealer whenever the bond filed by him ceases to be in full force and effect.
[Amended 5-13-2013 ATM, Art. 9]
Every pawnbroker or keeper of a secondhand shop described in § 494-1 of this bylaw shall keep a book in which shall be written at the time of receiving any article as a pawn, or purchasing any article, a description of the same, the name, age, residence or the person from whom purchased and the day and hour when he received or purchased it. Such book shall at all times be open to the inspection of the Board of Selectmen, the Chief of Police, or any person authorized by them to make such inspection and the members of the police force.
The Chief of Police or any officer authorized by him may at any time enter upon any premise used by a licensed pawnbroker, or secondhand shop for the purpose 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 inventories relating thereto. Every pawnbroker, or secondhand shop, his Clerk, agent or other person in charge of the premises shall exhibit to such officer, on demand, any and all such articles, books and inventories.
With respect to secondhand articles, precious metals, stones, gems and old metals, one clear copy of each transaction record shall be electronically delivered to the Webster Police Department and/or any law enforcement agency authorized by the Chief of Police no later than 12:00 Noon the following business day.
No person licensed under the provision of § 494-1 of this bylaw shall directly or indirectly receive any article in pawn, or purchase any article from any minor or apprentice knowing or having reasonable cause to believe him to be such, nor sell any article purchased or received until at least 30 days from the date of its purchase or receipt have elapsed; provided, however, that said retention period shall be seven days in the case of purchase of old metals (defined as gold and silver), and provided further that the Chief of Police may upon a proper showing of the origin of said old metal, reduce said retention period to four days.
All licenses granted under § 494-1 of this bylaw shall designate the place where the person licensed may carry on his business, and he shall not engage in or carry on his business in any other place than the one designated.
All provisions of this bylaw shall be incorporated into every license which shall be granted under it.
[Added 5-12-2003 ATM, Art. 3; amended 5-10-2004 ATM, Art. 14]
Licensed pawnbrokers may charge an interest rate of two percent (2%) per week.
No such pawnbroker shall charge or receive any greater rate of interest and interest shall be determined on the precise sum advanced by the lender. No pawnbroker shall make or receive any extra charge or fee for storage, care of safekeeping of any goods, articles or thing pawned with him (MGL c. 140, § 78).
[Added 5-12-2003 ATM, Art. 3]
All pawned items must be maintained on the licensed premises. The practice of title lending is expressly prohibited.
[Added 5-12-2003 ATM, Art. 3; amended 5-11-2009 ATM, Art. 26]
No pawnbroker shall loan money secured by deposit or pledge of firearm, rifle, shotgun or machine gun (MGL c. 140, § 131B). No pawnbroker shall hold a license to sell, rent, or lease a firearm, rifles, shotguns, or machine guns.
[Added 5-13-2013 ATM, Art. 9]
No secondhand article shall be sold, encumbered by sales contract, or otherwise disposed of, or altered in its appearance, within 30 days of purchase by a pawnbroker, and no secondhand article shall be sold, encumbered by sales contract, or otherwise disposed of, or altered in its appearance, within 10 days of purchase by a secondhand or junk dealer unless the dealer is granted permission, in writing, from the Chief of Police or his designee, but in any case, not within 48 hours from the time of purchase. With respect to any secondhand article for which permission is granted by the Chief of Police pursuant to this subparagraph, the person buying or otherwise receiving said article shall complete a transaction record upon a form approved by the Town Administrator which provides the information required pursuant to § 494-3A as applicable to a person buying or receiving a secondhand article.
All items purchased shall remain on the premises during the waiting period; items shall not be placed on the sales floor until the waiting period has expired, unless the item is clearly marked with the corresponding transaction number and the sales release date based on the time frame as specified in Subparagraph A above.
The following are exempt from the holding period required of this Section: Auction purchases, estate purchases from an executor or administrator where the purchase is accompanied by written proof of said position.
[Added 5-13-2013 ATM, Art. 9]
Secondhand articles, junk and old metal dealers shall immediately notify the Webster Police Department upon receiving an article which is questionable as to its status of being stolen or not, and shall make such article available for identification by an officer of the Police Department.
[Added 5-13-2013 ATM, Art. 9]
The provisions of this section may be enforced by any police officer of the Town of Webster, by any means available including, but not limited to, disposition pursuant to MGL c. 40, §§ 21 and 21D.
Each day a violation continues shall be a separate violation/offense subject to another fine. The enforcement of this bylaw by non-criminal disposition as described herein shall be added to the list of bylaws so enforced and designated in these bylaws.
If any provision of this article is held invalid by any court or body of competent jurisdiction, it shall not affect the validity or application of the remainder of the article.
Editor's Note: See Ch. 85, Enforcement; Noncriminal Disposition.