reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 46i - Information Furnished to Applicant for Employment; Copy of Contract; Receipt for Charges

Section 46I. Each employment agency shall furnish in writing each applicant for employment: (1) information as to the name and address of the person for whom the applicant is to apply for such employment, the kind and character of the employment, the anticipated rate of wages or compensation, the agency fee, whether such employment is permanent or temporary, the name and address of the person authorizing the hiring of such applicant, and the estimated cost of transportation if the services are required outside of the town where such agency is located; and the total fee to be exacted by the employment agency from the applicant, provided that nothing in this paragraph shall be construed to prohibit a licensed employment agency from directing an applicant to employment by telephone, but such telephone message shall comply with the disclosure requirements of this paragraph and shall be, within one day, confirmed in writing by the employment agency and sent to the applicant; a carbon copy of such confirmation shall be kept by the employment agency for a period of at least one year; (2) a true copy of every contract executed between it and such applicant, which shall have printed thereon or attached thereto a copy of section forty-six L; and (3) a receipt for every charge made by the employment agency to the applicant and which the applicant has paid.
The original or duplicate original copy of each such contract and a duplicate receipt for any charges by the employment agency to the applicant shall be retained by the employment agency for three years following the date on which the contract is executed or the payment is made, and shall be made available for inspection by the commissioner or his duly authorized agent or inspector, upon his request.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 46m - Receipt of Fees or Payments Contrary to Sec. 46l; Return

Section 46M. Any employment agency which collects, receives or retains a fee, deposit or other payment contrary to or in excess of the provisions of section forty-six L, shall return the excess portion thereof within seven days of the receipt of a demand therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 46n - Contract Between Prospective Employee and Agency

Section 46N. An employment agency other than one recruiting domestic employees shall contract in writing with the applicant (employee) for services in securing employment for the payment by the applicant of a service fee, in an amount mutually agreed upon between the applicant and such employment agency, and shall file with the commissioner for approval a sample copy of the agreement to be entered into between the applicant and the employment agency. The licensee or his authorized representative shall verbally make clear to the applicant the terms and conditions of the contract, with particular emphasis upon the fee to be paid for services to be rendered. Every applicant shall be given a copy of the contract he has entered into or is to enter into with the employment agency, and such contract shall carry the statement
''I have thoroughly read my contract with (Name of agency) and accept its terms.'' (Signature of Applicant)
In addition to the above, the following schedule ranging from $55 a week to $200 a week must be reproduced on cards or paper, the size of which should allow for legible reading. Each applicant must be given a copy complete with service charges indicated beside the weekly salary and a copy signed by the applicant must be retained by the employment agency.
The contract fee must be based only upon the original wage or salary at which the applicant was hired.
Where employment is temporary, the employment agency shall be entitled to an amount equivalent to ten per cent of the gross weekly wages paid or fraction thereof, but in no case where employment is temporary shall a fee be charged in excess of the fee for permanent employment.
Permanent employment shall be defined as employment which in itself is good for ten weeks or more. Temporary employment is employment which in itself is good for less than ten weeks.
When a contract entered into between the employment agency and the applicant for employment clearly stipulates that voluntary resignation from employment or acceptance of employment and failure to report for work by the applicant does not relieve the applicant from paying to the employment agency the same fee he would have paid had he reported for duty or remained in employment for a period of ten weeks or more, then the employment agency shall be entitled to collect the full service fee, provided the applicant's failure to report for duty or his voluntary resignation is not occasioned by extenuating circumstances. Any question as to what constitutes ''extenuating circumstance'' shall be decided by the commissioner. Acceptance of other employment shall not fall within the meaning of ''extenuating circumstances''. Any employee supplied by an employment agency shall be paid at a rate not less than the applicable minimum wage or the applicable collective bargain rate for that position, whichever is greater.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 46o - Refunds by Employment Agencies; Conditions; Reduction of Fees; Restriction on Deductions From Wages

Section 46O. Refunds shall be made by employment agencies under the following conditions:
(a) If an applicant furnished employment is discharged within one month after the time of entering upon such employment and such discharge is not for just cause, the employment agency shall on demand refund to the applicant that portion of the fee paid in excess of ten per cent of the gross wages paid to the applicant.
(b) Should it be determined that no employment of the kind applied for was open at the place to which the applicant was directed or as specified by the employment agency, then all of the fee paid together with cost of transportation in going to and returning from such place of employment shall be refunded. An employment agency shall not be responsible to an applicant or an employer for any expense incurred in connection with an interview unless the employment agency has failed to truthfully inform the employer and the applicant of facts related to the applicant or employment with which the employment agency is in possession.
(c) If an applicant for employment was unable to accept employment or to keep engagement for unavoidable reasons, all of the fee paid shall be refunded.
(d) If an applicant for employment was unable to find the place of employment because of insufficient address or directions all of the fee paid is to be refunded.
(e) The maximum fee shall be reduced to the extent that payment would result in the applicant's average hourly wages for that period falling below the rates established by any applicable federal or state minimum wage provision or by any applicable collective bargaining agreement.
(f) Any employer who utilizes an employment agency or who obtains applicants from an employment agency shall not directly or indirectly deduct any part of the fees paid to an employment agency from the wages or salary of any of his employees placed by such employment agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 46p - Posting of Copy of Secs. 46a to 46o

Section 46P. Each employment agency shall post in a conspicuous place in such agency a copy of sections forty-six A to forty-six O, inclusive, which shall be printed in large type in languages in which persons commonly doing business with such office can understand. Such poster shall also contain the name and address of the commissioner charged with the enforcement of said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 46r - Penalties

Section 46R. Whoever violates any provision of sections forty-six B, forty-six C, forty-six E, forty-six F, forty-six J, forty-six K, forty-six L, forty-six M, forty-six N and forty-six O, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the house of correction for not more than one year, or both. Whoever violates any provision of sections forty-six H, forty-six I, and forty-six P, shall be punishable by a fine of not more than twenty-five dollars. The commissioner may institute proceedings based upon any such violation. Each violation of said sections shall constitute a separate offense. Criminal prosecution for any such violation shall not preclude any person from recovering money unlawfully collected, in a civil action. In addition to the penalties provided for in this paragraph, the commissioner may issue a written warning or a civil citation for violations of these sections. Subsections (c) to (i), inclusive, of section 6F1/2 of chapter 149 shall apply to these citations. The director of labor may adopt regulations for the issuance of the written warnings and citations and for the enforcement thereof.
Information secured pursuant to sections forty-six A to forty-six Q shall be confidential and for the exclusive use and information of the commissioner in the discharge of his duties hereunder. Whoever, except with the authority of the commissioner or pursuant to his rules or regulations, or as otherwise required or authorized by law, shall disclose the same, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both; provided, that nothing herein shall be construed to prevent the commissioner from conducting any investigation or hearing as provided for in said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 47 - Coffee and Tea Houses

Section 47. No coffee house, so called, or tea house or place of resort for refreshment where the principal business is or purports to be the sale of coffee or tea as a beverage shall be maintained in any town which accepts this section, or has accepted corresponding provisions of earlier laws, by a vote of a city council or by vote of a town at a town meeting, until a license therefor has been granted by the licensing authorities. The fee for the license shall be five dollars or such other sum as shall be fixed from time to time by the city council or selectmen. Licenses issued hereunder shall expire on May first following the date of issue, and may be revoked at any time by the licensing authorities. Whoever violates this section shall be punished by a fine of not more than one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 49 - Lunch Carts

Section 49. The street commissioners and the police commissioner of Boston, the aldermen of any other city, or the selectmen of any town may, if in their opinion public convenience so requires, license any reputable person, upon the payment of an annual license fee, established in a town by town meeting action or in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, to maintain a vehicle for the sale of food in such part of any public way and during such hours as they may designate; provided that public travel is not incommoded thereby, but in no event shall any such fee be greater than one hundred dollars. Any such license may be revoked by them at any time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 50 - Lunch Carts; Fee of Highway Not Owned by Town

Section 50. No license as aforesaid shall be granted to use any part of a highway the fee in which is not owned by the town unless the owners of the land abutting on that part of the way consent in writing to the granting of the license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 51 - Facial and Scalp Massage; Bath Houses

Section 51. (a) No person shall practice massage therapy unless licensed in accordance with sections 227 to 236, inclusive, of chapter 112, except that a person registered as a barber or apprentice under section 87H or 87I of said chapter 112 or as a hairdresser, operator or student under sections 87T to 87JJ, inclusive, of said chapter 112 may practice facial and scalp massaging without a license. Local boards of health may regulate other fields not licensed as massage therapy under said sections 227 to 236, inclusive, of said chapter 112.
(b) No person shall establish businesses for vapor, pool, shower or bath houses unless authorized by the board of health in the municipality where the establishment is to be operated. The board of health may grant the authorization upon such terms and conditions, and may make such rules and regulations in regard to the carrying on of the occupation so licensed, as it considers proper and may revoke any authorization granted by it for such cause as it considers sufficient, without a hearing. A person authorized to establish the giving of vapor, pool, shower or other baths in a municipality may, at the request of a physician, attend patients in another municipality without additional authorization from the other municipality. No massage therapist, whose license to practice massage therapy is revoked or suspended for more than 1 year with regard to insurance claims, shall own, operate, practice in, or be employed by a massage therapy office, clinic, or other place designated for the practice of massage therapy, physical therapy or chiropractic.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 53 - Massage or Baths; Penalty

Section 53. Whoever violates any provision of section fifty-one, or any rule or regulation made under authority thereof, or prevents or hinders any member of a police force from exercising the authority conferred upon him by section fifty-two, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 54 - Junk Dealers

Section 54. Cities and towns by ordinance or by-law may provide for the licensing, by the police commissioner in Boston, by the license commission in Lowell, by the aldermen in other cities and by the selectmen in towns, of suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metals or second hand articles, may make rules and regulations relative to their business, and may provide for the supervision thereof. Said licensing board or officer may, except as otherwise provided in such ordinance or by-law, make additional rules, regulations and restrictions which shall be expressed in all licenses. Said licenses may be revoked at pleasure, and shall be subject to sections two hundred and two to two hundred and five, inclusive, except that 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 54a - Automobile Graveyards

Section 54A. No license shall be granted under section fifty-four for an automobile graveyard, as defined in section one of chapter one hundred and forty B, unless such graveyard:
(a) is to be operated and maintained entirely within a building; or
(b) is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
(c) is:
(1) more than one thousand feet from the nearest edge of any interstate or primary system, as defined in section one of chapter one hundred and forty B, and
(2) more than six hundred feet from any other state highway, and
(3) more than three hundred feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; or unless it is
(4) screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to said city or town and in accordance with the regulations as promulgated by the department of highways and as specified on said license.
No license shall be granted under the provisions of clause (4) of subsection (c) unless a copy of the application for such license has been forwarded by the applicant to the department of highways within three working days of the filing of said application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 55 - Junk Dealers; Penalty; Exceptions

Section 55. Whoever acts as a collector of, dealer in or keeper of a shop for the purchase, sale or barter of junk, old metals or second hand articles without a license, or in any other place or manner than that designated in his license or after notice to him that his license has been revoked, or violates any such rule, regulation or restriction, shall forfeit twenty dollars. The purchase, sale or barter of books, prints, coins or postage stamps shall not be deemed to be the purchase, sale or barter of second hand articles within the meaning of this and the preceding section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 56a - Shooting Galleries

Section 56A. The licensing authorities of any city or town may grant and may suspend or revoke at pleasure a license to conduct a shooting gallery upon such terms and conditions as they deem proper. Before the granting of a license hereunder, the applicant for the license shall file with the clerk of such city or town, a bond running to the city or town, with sureties approved by the treasurer thereof, for such penal sum, not exceeding five thousand dollars, as the licensing authority granting the license shall determine to be necessary, such bond to be conditioned upon the payment of any loss, damage or injury resulting to persons or property by reason of the conduct of such shooting gallery. The term ''shooting gallery'', as used in this section, shall mean a public resort equipped with appliances for target shooting. Licenses issued hereunder shall expire on May first following the date of issue. The fee for each original license as well as each renewal thereof shall be established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any such fee be greater than twenty dollars, and five dollars for each renewal thereof. Whoever conducts a shooting gallery unless licensed hereunder shall be punished by a fine of not more than one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 57 - Sale of Second Hand Vehicles; Necessity of License; Exceptions; Auctions; Reports

Section 57. No person, except one whose principal business is the manufacture and sale of new motor vehicles but who incidentally acquires and sells second hand vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells second hand vehicles, shall engage in the business of buying, selling, exchanging or assembling second hand motor vehicles or parts thereof or allow any property under his control to be used as a place of sale or display of motor vehicles without securing a license as providing in section fifty-nine. This section shall apply to any person engaged in the business of conducting auctions for the sale of motor vehicles, and to any person engaged in the business of leasing or renting motor vehicles and who, as an incident to such business, sells or offers to sell any such lease or rental vehicle to the public. All sales of second-hand motor vehicles or parts thereof made by any person referred to in this section shall be reported weekly to the registrar of motor vehicles on such forms as may be prescribed by him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 59a - Motor Vehicle Junkyards; Requirements

Section 59A. No license shall be granted under section fifty-nine to a person within Class 3 as defined in section fifty-eight, for a motor vehicle junkyard, unless such junkyard
(a) is to be operated and maintained entirely within a building; or
(b) is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up industrial or commercial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
(c) is:
(1) more than one thousand feet from the nearest edge of any highway on the interstate or primary system, and
(2) more than six hundred feet from any other state highway, and
(3) more than three hundred feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; or unless it is
(4) screened from view by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to said city or town and in accordance with regulations as promulgated by the department of highways and as specified on said license.
No license shall be granted under the provisions of clause (4) of subsection (c) unless a copy of the application for such license has been forwarded by the applicant to the department of highways within three working days of the filing of said application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 62 - Record Book; Contents; Maintenance in an Electronic Data Management System

Section 62. Every licensee shall keep a book on the licensed premises, in such form as shall be approved by the registrar, in which, at the time of the purchase, sale, exchange, or receipt for the purpose of sale, of any second hand motor vehicle or parts thereof, shall be legibly written in the English language an account and description of such motor vehicle or parts, with the name and address of the seller, of the purchaser, and of the alleged owner or other person from whom such motor vehicle or parts were purchased or received or to whom they were delivered, as the case may be. Such description, in the case of motor vehicles, shall also include the identifying number or numbers required by the registrar, and shall also include a statement that the identifying number or numbers have been removed, defaced, altered, changed, destroyed, obliterated or mutilated if such is the fact.
Notwithstanding the previous paragraph, a licensee licensed under sections 58 and 59 shall be in compliance with this section if the information required by the previous paragraph is recorded and maintained in the licensee's electronic data management system in a form and format approved by the registrar; provided, however, that the registrar shall not require the licensee to engage in duplicate recording and maintenance of the information for each vehicle. The registrar may require a licensee to: (i) make readily available a printout of a specifically requested used vehicle record for a vehicle that the licensee has acquired, sold or traded; and (ii) maintain or make readily available a printout of the used vehicle record of each vehicle that: (A) is on the licensee's premises on the date of the inspection; and (B) the licensee has acquired, sold or traded during the previous 7 days.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 66 - Entering Premises; Investigation; Examination of Vehicles; Parts, Books, Papers and Inventories

Section 66. The colonel of state police, the attorney general or such persons as he may designate, the police commissioner in Boston, the chief of police of any other city, the selectmen of a town or any police officer authorized by any of said officials may at any time enter upon any premises used by any person licensed under section fifty-nine for the purpose of carrying on his licensed business, ascertain how he conducts the same, and examine all second hand motor vehicles or parts thereof kept or stored in or upon the premises, and all books, papers and inventories relating thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 67 - Obstruction of Entrance or Examination by Officers; Refusal to Exhibit Items Demanded

Section 67. A licensee under section fifty-nine, or a clerk, agent or other person in charge of the licensed premises, who refuses to admit thereto an officer authorized to enter the same, or who fails to exhibit to him on demand all such motor vehicles, parts thereof, and books, papers and inventories relating thereto, and any person who wilfully hinders, obstructs or prevents such officer from entering the premises or from making the examination authorized in the preceding section, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 67a - Junked Motor Vehicles, Registration and Identification Plates; Removal and Forwarding to Registrar; Penalty

Section 67A. Any person licensed under section 54 or 59 shall comply with subsection (a) of section 20E of chapter 90D. The registrar may notify the licensing authority which issued the license to any person who has failed to comply with the provisions of this section of such failure and said authority shall suspend or revoke such license and shall not thereafter reinstate, renew or issue any such license to such person without the written consent of the registrar.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 68 - Unlicensed Business

Section 68. Whoever, not being licensed, carries on the business for which a license is required by section fifty-seven, or is concerned therein, or, being licensed, carries on such business or is concerned therein in any other place or manner than that designated in his license, or after notice to him that his license has been revoked or suspended, shall be punished by a fine of not less than two hundred and not more than one thousand dollars or by imprisonment for not more than one year, or both.
In cases of two or more convictions, under the provisions of this section, the attorney general shall be notified for action under section six of chapter ninety-three A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 69 - Violation of Statutes, Rules or Regulations

Section 69. Whoever violates any provision of sections fifty-seven to sixty-eight, inclusive, or any rule or regulation made by the registrar under section sixty, unless a penalty other than the revocation of a license is prescribed therefor elsewhere in said sections, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both. A conviction of a violation of any of said sections, rules or regulations shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who may, after a hearing, suspend or revoke any certificate of registration issued under section five of chapter ninety.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 70 - Licensing of Pawnbrokers; Governing Statutes; Revocation

Section 70. The police commissioner of Boston, the license commission of Lowell, the aldermen of any other city, or the selectmen of any town, if ordinances or by-laws therefor have been adopted in such city or town, may license suitable persons to carry on the business of pawnbrokers in such city or town, subject to sections two hundred and two to two hundred and five, inclusive, and may revoke such licenses at pleasure.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 71 - Retention of Articles; Sale; Disposition of Proceeds; Notice; Other Disposition; Personal Apparel

Section 71. Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by him on the premises occupied by him for his business for at least four months after the date of deposit, if not of a perishable nature; and, if perishable, for at least one month after said date. After the expiration of the applicable period of time, he may sell the articles 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; provided, that no such sale of any article which is not of a perishable nature shall be made unless not less than ten 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 pawnbroker. No article taken in pawn by such pawnbroker exceeding twenty-five dollars in value shall be disposed of otherwise than as above provided, any agreement or contract between the parties thereto to the contrary notwithstanding. Articles of personal apparel shall not be deemed to be of a perishable nature within the meaning of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 72 - Interest Rate; Penalty

Section 72. The authorities which issue such licenses may fix the rate of interest which such pawnbrokers may receive on loans, and may fix different rates which may be received for different amounts of money lent; and no licensed pawnbroker shall charge or receive a greater rate of interest than that so fixed. Any such pawnbroker who violates any provision of this or the preceding section shall be punished by a fine of not more than fifty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 73 - Entry Upon Premises; Investigation; Examination of Articles, Books and Inventories

Section 73. The chief of police of a city, the selectmen of a town, any officer authorized by either of them, or a state police officer may at any time enter upon any 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 said premises and all books and inventories relating thereto. Every such pawnbroker, his 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 74 - Obstruction of Entrance or Examination by Officer; Failure to Exhibit Items Demanded

Section 74. A licensed pawnbroker, clerk, agent or other person in charge of such premises who refuses to admit thereto an officer authorized to enter the same, or who fails to exhibit to him on demand all such articles, books and inventories, and any person who wilfully hinders, obstructs or prevents such officer from entering the premises or from making the examination authorized in the preceding section, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 75 - Unlicensed Business

Section 75. Whoever, not being licensed, carries on such business or is concerned therein within such town, or, being licensed, carries on such business or is concerned therein in any other place or manner than that designated in his license or after notice to him that his license has been revoked shall be punished by a fine of not more than fifty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 76 - Loans on Personal Property; Purchases on Condition of Reselling; Exceptions

Section 76. No person shall, in any city or in any town of ten thousand or more inhabitants, 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 he is licensed as a pawnbroker; but this and the six following sections shall apply only if such property is deposited with the lender, and shall not apply to loans made upon stock, bonds, notes or other written evidences of ownership of property or of indebtedness to the holder or owner of any such securities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 77 - Fee; Bond

Section 77. The fee for a license as a pawnbroker or renewal thereof shall be established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any such fee be greater than one hundred dollars. The licensee shall, at the time of receiving such license, file with the authorities who issue the license a bond to such city or town, in the sum of three hundred dollars, with two sureties approved by such authorities, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 78 - Regulations; Interest Rate

Section 78. The authorities who grant licenses to pawnbrokers shall establish regulations, to the satisfaction of the commissioner of banks, relative to the business carried on and the rate of interest to be charged by them, and a pawnbroker shall not charge or receive upon any loan a greater rate of interest than that fixed by the licensing authorities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 79 - Record Book; Information Furnished to Authorities

Section 79. 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 the 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 licensing authorities or to any person designated by them. Every pawnbroker shall also photograph any person pawning articles and keep the photographs with said books as part of his records.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 80 - Memorandum for Pawner; Charge

Section 80. Every such pawnbroker shall, at the time of making such loan, deliver to the person who pawns any article a memorandum or note signed by him and containing the substance of the entry required by the preceding section. No charge shall be made or required by any pawnbroker for such entry, memorandum or note.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 81 - Inspection of Books

Section 81. Said book shall at all reasonable times be open to the inspection of the mayor, of the members of the board of police, of the superintendent of police and deputy superintendents, of the chief inspector of police, of any officer of the state police or of any person authorized by them in writing for that purpose who exhibits such written authority to such pawnbroker.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 82a - Violations of Sec. 79; Liability of Pawnbroker

Section 82A. Any pawnbroker who violates the provisions of section seventy-nine in reference to articles pawned which are found to be stolen articles shall be liable for the loss incurred by the loan, and the pawned article may be reclaimed by the owner of the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 83 - Tools; Purchase or Pawn; Record Book; Signature of Seller or Pawner

Section 83. When a licensed pawnbroker buys or takes in pawn any tool such as is used by contractors, builders or mechanics, he shall enter in a book kept for that purpose a description of the same and the amount paid for or loaned upon the same, and shall cause the person offering such tool for sale or for pawn to sign his name and address therein. The pawnbroker shall also write therein the name and address of the said person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 84 - Wrong Name or Address of Seller or Pawner

Section 84. Any person thus offering any tool for pawn or for sale who signs a wrong name or address shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months. Any pawnbroker who knowingly writes the wrong name or address of a person thus offering a tool for sale or for pawn, or knowingly permits the signing of such wrong name or address, shall be fined one hundred dollars for the first offence, and upon a second offence his license shall be revoked, and he shall not be permitted to conduct the business of pawnbroker in the commonwealth for one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 86 - Loans; Household, Personal Use or Ornament Articles as Security or Purchased on Condition of Reselling or Redemption; Record Book; Memorandum for Borrower

Section 86. Every person who is engaged in the business of making loans on collateral security represented by household goods, wearing apparel, watches, diamonds, jewelry or other articles of personal use or ornament, or on notes secured by pledge or mortgage of any such property, and with whom such property is deposited, or who purchases such property on condition of selling it back again at a stipulated price, or who pays or advances money thereon under such circumstances that it may be inferred from the character of the transaction that such property may afterward be redeemed, shall keep a book in which, for the purpose of identification, shall be recorded at the time of each loan or transaction a full and accurate description of the articles pledged or deposited, with any designating numbers or marks and also the name and residence of the borrower or depositor, and each transaction shall be specifically numbered in said book. He shall also give to each borrower or depositor a receipt, ticket or card, numbered to correspond with the number of the transaction on said book, inscribed with the name of the lender, the article pledged, the description of the property as above required, the name of the borrower or depositor, the amount of the loan, the date when made and the date when payable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 87 - Inspection of Record Book; Exhibition of Property

Section 87. Said book shall at all times be open to the inspection of the police commissioner and of the superintendent and chief inspector of police of Boston, of the colonel of the state police, and of the chief of police and selectmen of their respective cities or towns, or of an officer specially authorized by any of them in writing for that purpose, who exhibits such written authority; and the property described in said book shall on demand be exhibited to said officers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 88 - Stolen Articles; Detention; Producing in Court

Section 88. If it appears to any of the officers mentioned in the preceding section that any articles which have been pledged under section eighty-six have been stolen, he may give written notice to the pledgee to hold such articles, and they shall thereafter be held by the pledgee for sixty days unless said notice shall be recalled in writing by the officer giving it, and be subject to inspection and examination at all reasonable times; and they shall be produced, upon notice or summons by the district attorney or other prosecuting officer, before any court or grand jury if the question of the larceny of the same is under investigation, and said pledgee shall not be liable in damages or otherwise on account of such detention.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 89 - Obstruction of Inspection or Examination; Violation of Statutes

Section 89. Every person engaged in the business mentioned in section eighty-six, his agent or other person in charge thereof, who fails or refuses to allow the inspection of the book, or who wilfully hinders, obstructs or prevents said officers from inspecting the book or examining the property as provided in section eighty-seven, or who wilfully violates any other provision of the three preceding sections, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 90 - Loans for Less Than $1000; Statute Not Affected; Waiver or Release

Section 90. A loan of less than one thousand dollars made at a rate of more than six per cent per annum shall be discharged upon payment or tender by the debtor of the principal sum actually borrowed, with interest for the period between the borrowing of said money and the payment or tender hereunder at the rate agreed upon if said rate is not more than eighteen per cent per annum, or at the rate of eighteen per cent per annum if the agreed rate is in excess thereof, for any part of the period occurring prior to the termination of one year after maturity, and in either case at the rate of six per cent per annum for any part of the period occurring after the termination of said year, and a sum not exceeding five dollars for the actual expenses of making and securing the loan; but the lender shall be entitled to interest for six months from the time of the borrowing at said agreed rate or at said rate of eighteen per cent per annum, as the case may be, if the debt is paid before the expiration of said six months. All payments in excess of the rate or rates herein required for discharge by payment or tender shall be applied to the discharge of the principal, and the borrower shall be obliged to pay or tender only the balance of the principal and interest, at said rate or rates, due after such application. This section shall not affect so such of section three of chapter one hundred and seven as provides that if there is no agreement for a different rate the interest of money shall be at the rate of six dollars upon each hundred dollars for a year. If an action is brought upon a loan coming within the purview of this section, the verdict or finding entered for the plaintiff in such action shall in no event exceed the amount that would be required to discharge, by payment or tender, the indebtedness at the time of such verdict or finding. Any agreement whereby the borrower waives the benefits of this section or releases any rights he may have acquired by virtue hereof shall be deemed to be against public policy and void. If, after all deductions or payments, whether on account of interest, expenses or principal made substantially contemporaneously with the making of the loan, the amount retained by the borrower be less than one thousand dollars, the transaction shall be deemed to be a loan in the amount of the sum so retained by the borrower after such deductions or payments, notwithstanding that the loan be nominally for a greater sum.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 140 - Licenses › Section 90b - Home Mortgages; Application of Consumer Credit Cost Disclosure Provisions; Prerequisites to Foreclosure

Section 90B. A transaction subject to the provisions of section ninety A shall also be subject to the provisions of chapter one hundred and forty D. A lender subject to the provisions of said section ninety A shall also be subject to the provisions of said chapter one hundred and forty D and, in the event of a conflict between the provisions of said section ninety A and said chapter one hundred and forty D, the provisions of said chapter one hundred and forty D shall control.
If the borrower or his authorized representative requests, by registered mail, the lender to furnish him a copy of the note, the lender shall within fifteen days after receipt of said request, send by registered mail a true copy of said note to the person requesting the same at the address specified in such request. At least fifteen days prior to the commencement of any foreclosure proceedings the lender shall send to the borrower by registered mail a statement of his intention to foreclose which shall specify the amount of principal, interest and other indebtedness, if any, owing and accruing under the note and mortgage. Failure by the lender to comply with the provisions of this paragraph shall suspend his rights until such time as he complies with said provisions.