[HISTORY: Adopted by the Town of Lunenburg 11-16-2015 STM by Art. 10. Amendments noted where
applicable.]
A.
The Select Board may license suitable persons to be pawnbrokers or
buyers of goods pursuant to law. Licenses shall expire on the last
day of December annually no matter when obtained during the preceding
year. Such licenses shall not be valid to protect the holders thereof
in a building or place other than that designated in the license,
unless consent to removal is granted by the Select Board. Applications
for new licenses under the rule may be filed at any time with the
Select Board. Applications for the reissue of licenses already existing
should be filed at least 30 days before the expiration of such licenses.
Persons whose licenses have expired and have not been reissued will
be liable to prosecution if carrying on business for which the license
is required. Every person so licensed shall, at the time of receiving
such license, file a bond as provided by MGL c. 140, § 77,
as amended.
[Amended 5-7-2022 ATM by Art. 24]
B.
Persons who engage in or carry on the business of lending money on
mortgages, deposits or pledges of wearing apparel, jewelry, ornaments,
household goods or other personal property, or of purchasing such
property on condition of selling the same back again at a stipulated
price, when the property so mortgaged, pledged or purchased is deposited
with the lender, must be licensed as pawnbrokers. This provision,
however, does not apply to loans made on stocks, bonds, notes or other
written or printed evidence of ownership of property or of indebtedness
to the holder or owner of such securities. (MGL c. 140, §§ 70
through 85)
A.
Licensed pawnbrokers may charge interest at the rate of 3% per month,
and in no event may they charge more than the rate allowed by the
Massachusetts Commissioner of Banks.
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 him.
(MGL c. 140, § 78)
Any officer of the Lunenburg Police may at any time enter upon
any premises used by a licensed pawnbroker or buyer for the purposes
of his or her business, ascertain how he or she conducts his or her
business and examine all articles taken in pawn or bought, or kept
or stored in or upon said premises; and all books and inventories
shall be exhibited to any above named whenever a demand shall be made
for such exhibition. (MGL c. 140, § 74) (Penalty for refusal,
MGL c. 140, § 74)
Every licensed pawnbroker or buyer shall, at the time of making any loan, attach a number to the article taken in pawn or bought and shall make entry of such number in the book provided for in § 184-5 of this article.
A.
Every licensed pawnbroker or buyer shall keep a book of a style and
size in which shall be legibly written in ink in the English language
at the time of making each loan, an account and description, including
all distinguishing marks and numbers and serial numbers of the goods,
articles or things pledged or pawned, the amount of money loaned or
paid thereon, the day and hour when it was pawned, the rate of interest
to be paid on such loan and the number of such article as same. No
entry made in said book shall be erased, obliterated or defaced. Electronic
recordkeeping by the pawnbroker or buyer is acceptable as long as
the records meet all the bylaw requirements.
B.
Every pawnbroker or buyer shall photograph any person pawning or
pledging articles and keep such photographs with said books as part
of his or her records. (MGL c. 140, § 79)
C.
For all transactions, every pawnbroker or buyer shall also require
positive identification and shall record the type of identification
presented and record the date of birth from any person pawning, pledging
or selling any article. Positive identification shall mean any picture
identification card issued by a governmental agency.
Each pledger shall be required by the pawnbroker to sign his/her
name and age and address on a card. In the event that the pledger
is unable to write, the pawnbroker shall fill in the name, age and
address on such card, together with a notation stating that the pledger
was unable to do so. Such card shall be retained for seven years in
an alphabetical index file by the licensed pawnbrokers.
Every pawnbroker or buyer shall at the time of making such loan deliver to the person who pawns or pledges any goods, articles or things, a memorandum or note signed by him, containing the substance of the entry required to be made in his book by the provisions of § 184-5, and no charge shall be made or required by any pawnbroker or buyer for any such entry, memorandum or note. (MGL c. 140, § 80)
A.
Every licensed pawnbroker or buyer shall make out and deliver a report of transactions to the Lunenburg Police Chief or his designee every day before the hour of 10:00 a.m., a legible and correct list containing an accurate description, including all distinguishable marks, numbers and serial numbers of all articles taken in pawn or bought during the preceding business day, the respective numbers of such articles as provided by § 184-4 of this bylaw, the amount loaned or paid thereon and the time when such articles were pawned or bought. This report can be done electronically, via the internet, or faxed to the Lunenburg Police Chief or his designee. If during the preceding day no articles have been taken in by such pawnbroker or buyer, he or she is required to report affirmatively. This report can be done both electronically via the internet and by fax.
B.
If any goods or articles pawned or pledged and in the possession
of a pawnbroker or buyer are subsequently determined to be stolen
property by a member of the Lunenburg Police Department or the Massachusetts
State Police, or if the rightful owner identifies property in the
possession of a pawnbroker or buyer and the property so identified
is confirmed to be stolen goods by a member of the Lunenburg Police
Department or Massachusetts State Police, said property shall be returned
to the rightful owner at no cost to such owner.
A.
Every licensed pawnbroker or buyer shall post in a conspicuous place
in his or her shop or office a copy of the statutes, ordinances and
police regulations relating to pawnbrokers/buyers, to be furnished
by the Lunenburg Police Department's Police Chief or designee, and
shall put in some suitable and conspicuous place in his shop a sign
having his/her name and occupation legibly inscribed thereon in large
lettering.
B.
No pawnbroker or buyer shall place or maintain any signs or devices
upon or in connection with his or her licensed premises indicating
or tending to indicate that any form of business is conducted therein
which he or she is not legally authorized to pursue.
A pawnbroker or buyer may have his/her shop open for transactions
between sunrise and 10:00 p.m. in the evening of any weekday and weekend.
Under no circumstances can a pawnbroker or buyer operate after the
hour of 10:00 p.m. to sunrise.
A.
Articles deposited in pawn with a licensed pawnbroker shall, unless
redeemed, be retained by him/her on the premises occupied by him/her
for his/her business for at least four months after the date of deposit.
B.
After the expiration of the applicable period of time, he/she may
sell the article by public auction, apply the proceeds thereof in
satisfaction of the debt or demand and the expense of the notice and
sale and pay any surplus to the person entitled thereto on demand.
C.
No such sale of any article which is not of a perishable nature shall
be made unless, not less than 10 days prior to the sale, a written
notice of the intended sale shall have been sent by registered mail
to the person entitled to the payment of any surplus as aforesaid,
addressed to his residence as appearing in the records of such pawnbrokers.
Proof of registered mail shall be kept on file for one year after
the date of sale.
D.
No article taken in pawn by such pawnbroker or buyer shall be disposed
of otherwise than as above provided, any agreement or contract between
the parties thereto to the contrary notwithstanding.
E.
Articles of personal apparel shall not be deemed to be of a perishable
nature within the meaning of this section. (MGL c. 140, § 71)
A.
No pawnbroker or buyer shall make a loan, directly or indirectly,
to a person under the age of 18, knowing or having reason to believe
him or her to be such.
B.
No pawnbroker or buyer shall loan money secured by deposit or pledge
of a firearm, rifle, shotgun or machine gun. (MGL c. 140, § 131B)
C.
No pawnbroker or buyer shall hold a license to sell, rent, or lease
a firearm, rifle, shotgun, or machine gun.
A.
Complaints concerning licensed pawnbrokers or buyers shall be investigated
by the Lunenburg Police Department under the direction of the Chief
of Police. The Chief of Police or his designee will provide a disciplinary
request to the Select Board for actionable complaints lodged against
licensees.
[Amended 5-7-2022 ATM by Art. 24]
B.
In the event the Chief of Police determines that disciplinary action
should be instituted against a licensed pawnbroker or buyer, the Chief
of Police shall cause to be served upon the licensed pawnbroker or
buyer notice as to the time, date and place of hearing and of the
charge, with a statement of the reasons for the proposed disciplinary
action. Hearings shall be conducted in accordance with law.
[Amended 5-7-2022 ATM by Art. 24]
The Select Board may suspend or revoke licenses provided for
by this article for any cause which the Select Board deems sufficient.
Offenses which may result in the suspension or revocation of a pawnbroker's
or buyer's license include but are not limited to the following:
The Town of Lunenburg finds that there is a cognizable risk
for stolen metals to end up in the possession of even legitimate businesses
which trade in metals, including precious metals. Certain criminals
bring stolen metals, including precious metals, to dealers in jewelry
and scrap metal. The victims of theft have only small hope of recovering
their property unless the people and entities who receive scrap metals
and jewelry are regulated in a manner which identifies both the metal
received by the dealers and the persons who deliver the metal to these
dealers. There is an internet alert system used by the Lunenburg Police
Department which reports stolen metals. Monitoring transactions within
the Town and identifying both the metals and the persons selling or
delivering these metals will serve both to deter theft and to enable
the Lunenburg Police Department to trace and recover stolen property
and return it to the rightful owners.
As used in this Article II, the following terms shall have the meanings indicated:
Any metal which is subject to Article II and is exchanged, sold, collected, bartered or received by a person dealing in metals.
The Select Board.
[Amended 5-7-2022 ATM by Art. 24]
The Chief of the Lunenburg Police Department or his designee.
Receiving, purchasing, selling or bartering metals, including
precious metals and industrial scrap metals.
A chemical element that is malleable, opaque and ductile,
usually solid, which has a characteristic luster, is a good conductor
of heat and electricity, and can be melted or fused, hammered into
thin sheets, or drawn into wires, e.g., copper, aluminum, gold, silver
or iron or other metals.
Any metal which is considered valuable, such as silver, gold,
platinum and copper, without regard to the form or amount of such
precious metal.
[Amended 5-7-2022 ATM by Art. 24]
A.
No person shall collect, deal in, exchange, buy, or keep a shop or place for the exchange, purchase, sale or barter of metals, including precious metals and industrial metals, in any building or place within the limits of the Town without having a license issued by the Select Board. The license requirement and the other requirements of this Article II shall not apply to commercial haulers having valid, current United States Department of Transportation stickers affixed to their vehicles.
B.
The Select Board may, for a fee set by said Board and based upon an application devised by said Board, license suitable persons to be dealers in and keepers of shops or locations for the purchase, sale or barter of precious metals at such places within the Town as may be designated in such license. The Select Board may place reasonable conditions on such licenses, which shall be inscribed on the face of the license. A license shall be limited to a specific address stated thereon. Subject to the notice and appeal provisions contained in § 184-23E(2) and (3) of this Article II, the Select Board may deny a license to any person who in the exercise of his reasonable discretion is unsuitable.
C.
All metal dealer licenses shall expire annually on the last day in December. The license holders shall be responsible for submitting an application for license renewal with the license fee to the Select Board at least 30 days prior to the last day in December. Upon receipt of an application for renewal, the Board shall consider the performance of the licensee during the previous year and shall determine whether the licensee had been found in violation of this Article II and other ordinances and regulations of the Town applicable to metal dealers.
D.
The Select Board may promulgate reasonable regulations not inconsistent with this Article II which shall be binding upon all licensees. No regulation shall take effect until the expiration of 30 days from the date the regulation(s) is delivered or mailed to the person(s) then licensed. The Select Board shall deliver a complete set of regulations and any amendments thereto to the Town Clerk. The Town Clerk shall maintain the complete set of all regulations in a book available to the public.
E.
The obligation to obtain a license as required by this section will
take effect 45 days after it is finally enacted and the bylaw is approved
by the Attorney General.
No licensee shall, directly or indirectly, exchange any metals
with a person under the age of 18.
No article exchanged, purchased or received shall be sold, or
altered in appearance, form or substance until a period of at least
21 days has elapsed from the date of its purchase or receipt. All
articles exchanged, purchased or received must be made available to
the Lunenburg Police Department upon request within 24 hours of such
request, and the Police Department may investigate to determine if
any article is or may be stolen property. This waiting period does
not apply to scrap metal yards which are exempt from any waiting period.
Every licensee shall electronically create and send to the Police
Chief or his designee on a form, in the manner and at the time prescribed
by the Police Chief or his designee, a legible complete list containing
an accurate description of all metal articles received by the licensee
during the previous 24 hours. The description must include: the type
of metal, the size and/or quantity, whether the article is or may
be a precious metal, if applicable; whether the article is typically
used by or associated with a male or female, the wording of any engraving,
whether the article has any gems or precious stones, any identifying
number and every other identifiable trait.
A.
Every licensee shall, at the time of making any exchange or receipt of any article, assign and attach a number to each article received and shall make entry of such number in the book described in Subsection B.
B.
Every licensee shall keep a book in which shall be legibly written
in ink, in the English language, at the time the licensee receives
any article, the following information:
(1)
An account and description, including all distinguishing or identifying
marks and numbers of every article received by the licensee.
(2)
The amount of money, if any, paid for the article.
(3)
The date and hour when it was received.
(4)
The name, age, permanent address and telephone number of the person
from whom purchased or received.
(5)
A copy of the document used to identify the person giving the article
to the licensee.
C.
Every licensee shall require positive identification from any person
selling or exchanging any article. The licensee shall copy and record
the type of identification presented and the date of birth from any
person giving or exchanging any article. Positive identification means
only a government-issued document with the person's name and photograph.
The licensee shall photograph any person exchanging any article(s).
A copy of the identification and the photograph shall be kept with
the book required by this section as part of his records.
D.
No entry made in the book required by this section shall be erased, obliterated or defaced in any manner whatsoever. The book shall at all times be open for the inspection by the Police Chief or any police officer. The licensee shall keep and maintain all the records required by this Article II for a period of three years from the date of the last entry in any book.
Every licensee shall post in some suitable and conspicuous place where he or she receives or exchanges articles, a sign having his/her full legal name, and his/her business name, if different, and his/her occupation legibly described thereon in large letters. The current license shall also be so posted. The location where transactions occur, the store or shop and all articles exchanged and/or kept therein or received therein and the book and documents required by this Article II may at all times be examined by the Police Chief or any police officer at their request.
A.
Whoever, not having a valid license as required by this Article II, exchanges, collects, deals in or barters metals in any place or manner other than that designated in his license, or after notice to him that his license has been revoked, or whoever violates this Article II or any rule, regulation or restriction contained in his license, or any regulation promulgated by the Town of Lunenburg shall be subject to the fines and sanctions described in this section. Each day of such violation shall constitute a separate offense.
B.
The fine for breach of the duty imposed by this Article II is $300. Each day on which the person continues in violation shall be considered as a separate violation.
C.
This Article II may, at the discretion of the Chief of Police, be enforced by civil process or by noncriminal disposition as provided in MGL c. 40, § 21D. The Chief of Police or any Lunenburg police officer may issue tickets to enforce this Article II. If enforced civilly by ticket, each day on which a violation exists shall be deemed to be a separate offense and the violator shall be subject to the following fines:
D.
In addition to the penalties set forth above, the enforcing authority may seek an injunction from an appropriate court to restrain any violation of this Article II, any regulation promulgated by the Town of Lunenburg or any condition inscribed on a license.
E.
The Select Board may terminate any license or refuse to renew any license for violation of this Article II, a regulation promulgated by the Town of Lunenburg or any condition inscribed on the license. The Select Board shall use the procedure described in this section.
[Amended 5-7-2022 ATM by Art. 24]
(1)
Notice of violation. Whenever it comes to the attention of the Select Board that a violation of this Article II, a regulation promulgated by the Town of Lunenburg or a condition inscribed on a license has occurred, the Board shall, by written notice, deliver personally or send by certified mail to the licensee notifying him of the violation and order the person to cease and desist. Depending on the severity of the violation as determined by it, the Select Board may terminate the license. The Board shall also provide notice described herein if it denies an application for a license, stating the reasons therefor.
(2)
Contents of notice. The written notice to the licensee shall contain
a description of the violation(s) and the date(s) of occurrence and
a citation to the section of the ordinance, regulation or license
condition which the licensee is alleged to have violated. The notice
will, if applicable, describe what the licensee must do to comply,
whether the Select Board intends to terminate the license and the
effective date of the termination, which shall afford the licensee
at least seven days to file an appeal of the proposed termination
with the Board. In the case of denial of a license, the notice shall
state the reasons for the denial.
(3)
Appeal. Upon receipt of a notice of license termination, or denial,
the licensee may, within seven days of receipt of the notice, file
a written appeal by delivery or certified mail to the Select Board's
office during the hours of 8:30 a.m. to 4:30 p.m. on days when Town
Hall is open for business. When the Select Board receives an appeal,
it shall appoint a neutral hearing officer who will take testimony
from any persons with knowledge of the facts, including any police
officer and the appellant. The appellant may be represented by counsel
and any person so testifying will be subject to cross examination.
The proceedings will be governed by the rules of evidence applicable
to an informal administrative hearing. The hearing officer will assure
that an appropriate record, including any documents submitted, is
made and kept. The decision of the hearing officer will be written
and final.
F.
The Select Board, subject to the process described in this section,
may refuse to renew any license. The Board shall not issue a license
to any person convicted of a felony.
[Amended 5-7-2022 ATM by Art. 24]
