SENATE DOCKET, NO. 1163 FILED ON: 1/14/2009
SENATE . . . . . . . . . . . . . . No. 183
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act further regulating pawn shops and dealers of second articles..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 140 of the General Laws is hereby amended by striking out section 54 and inserting in place thereof the following section: -
Section 54. No person shall carry on the business of being a collector of, dealer in or keeper of a shop for the purchase, sale or barter of junk, old metals or second hand articles unless operating under a written agreement with a registered promoter licensed under Chapter 101 of the General Laws, or licensed to do so by the police commissioner of Boston or pursuant to a written agreement with a registered promoter operating in the business of consumer shows, licensed un Chapter 62 C of the General Laws, or by the governing body of the city or town where he carries on his business, subject to sections two hundred and two to two hundred and five, and said commissioner or governing body may revoke such licenses at pleasure. Societies, associations or corporations organized solely for religious or charitable purposes and their agents shall not be required to pay a fee for such licenses.
Any person who carries on the business of a being a collector of, dealer in or keeper of a shop for the purchase, sale or barter of junk, old metals or second hand articles shall record information pertaining to every transaction, including but not limited to the name, address and date of birth of the person offering an article, , the price paid for the article, a full description of the article including all distinguishing marks and numbers, and the time and date of the transaction, and shall not accept an article unless the person offering it shows a government issued identification card bearing the person’s photograph. The collector, dealer and keeper of a shop as described above, or any employee thereof, shall photograph the person offering an article, and shall photograph the articles offered. Said transaction information and the photographs of the person and the article or articles being offered, and shall transmit the information and photographs electronically on the date of the transaction, using a system specified by the secretary of public safety, and shall retain on the licensed premises a printed copy of the transaction information and photographs as part of his records. All information gathered or transmitted in any manner by collectors, dealers and keepers of shops as described above pursuant to this section shall be available only to a law enforcement officer at any time for any reason, and no said collector, dealer or keeper of a shop or person offering any article to a collector, dealer or keeper of a shop shall have an expectation of privacy concerning any information about the transaction, including but not limited to any photographs taken.
No collector, dealer and keeper of a shop as described above, or any employee thereof, may purchase or receive a stainless steel or aluminum alloy beer or other beverage keg container if such container is marked with an indicia of ownership of any person or entity other than the person or entity presenting such container for sale. For purposes of this subsection, "indicia of ownership" means words, symbols or a registered trademark printed, stamped, etched, attached or otherwise displayed on such container that identify the owner of such container.
Any person offering any article for sale who provides a wrong name, address or date of birth, or shows false, forged or counterfeit identification shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months. A police officer may arrest without a warrant any person whom he has probable cause to believe has provided a wrong name, address or date of birth, or has shown false, forged of counterfeit identification as described above. Any dealer of second hand articles who knowingly records or transmits false information about a transaction shall be fined not more than one thousand dollars for the first offense, and upon a second offense, shall be fined not more than two thousand dollars and his license shall be revoked, and he shall not be permitted to conduct the business of a dealer of second hand articles in the commonwealth for one year.
The secretary of public safety shall have the authority to promulgate regulations relative to collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metals or second hand articles, and to the licensing of said persons and shops.
SECTION 2. Section 55 of chapter 140, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “shall forfeit twenty dollars” and inserting in place thereof the following words: - shall be punished by a fine of not more than two hundred dollars for the first offense, and by a fine of not more than five hundred dollars for each subsequent offense.
SECTION 3. Chapter 140 is hereby further amended by striking out section 70, as so appearing, and inserting in place thereof the following section: -
Section 70. No person shall carry on the business of a pawnbroker unless licensed to do so by the police commissioner of Boston, or by the governing body of the city or town where he carries on his business, subject to sections two hundred and two to two hundred and five, and said licensing authority may revoke such licenses at pleasure. Said licensing authority shall notify the Commissioner of the Division of Banks and the Commissioner of the Department of Public Safety of the issuance or revocation of said license, the name and address of the licensee, and the location where said business will be carried on.