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PART I
TITLE XX
CHAPTER 140
Massachusetts Laws
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PART I
ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
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TITLE XX
PUBLIC SAFETY AND GOOD ORDER
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CHAPTER 140
LICENSES
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Section 1
“Licensing authorities” defined
Section 2
Issuance of license to be innholders or common victuallers; signing; refusal; fee; record; penalty
Section 3
Content of innholders’ licenses; governing statutes
Section 4
Contents generally; coverage; term
Section 5
Food and accommodations; availability
Section 6
Conditions precedent; proposed plans; cost estimates; license as victualler or innholder
Section 6A
Repealed, 1941, 439, Sec. 2
Section 6B
Food allergy awareness
Section 7
Refusing to provide for travelers
Section 8
Repealed, 1975, 256, Sec. 1
Section 9
Suspension; revocation; forfeiture
Section 9A
Keeping of premises open throughout year
Section 10
Liability for loss of property
Section 11
Fire or overwhelming force; liability
Section 12
Fraudulently procuring food, accommodations or credit; removal of property covered by lien; evidence
Section 12A
“Hotel” defined for Secs. 12B to 12D
Section 12B
Removal of guest from hotel
Section 12C
Refusal of accommodation in hotel to persons acting in disorderly manner; damage deposits
Section 12D
Persons negligently or intentionally causing damage to hotel; liability
Section 13
Posting of statutory provisions
Section 14
Sale of guest’s property; notice
Section 15
Disposition of proceeds
Section 16
Sale proceeds; payment to owner by state treasurer
Section 17
Loss by guest; negligence and violation of regulations as defense
Section 18
Signs; penalty for failure to have sign
Section 19
Summary of laws for authorities and licensees
Section 20
Unlicensed innholders or victuallers
Section 21
Third convictions
Section 21A
City and town licenses for sale of certain non-intoxicating beverages; retail sales
Section 21B
Contents; coverage; expiration; fee; suspension; revocation
Section 21C
Unlicensed business; penalties
Section 21D
Inapplicability of statute to certain persons
Section 21E
Grant of license to dispense food and beverages consumed on premises; governing statutes; fee; names of officers and members; suspension; revocation; excepted organizations
Section 21F
Unlicensed organization; officer or employee dispensing food or beverage
Section 22
“Lodging house” defined
Section 22A
Cooking facilities
Section 22B
Microwave ovens
Section 23
Term; fee
Section 24
Unlicensed keepers; injunction
Section 25
Inspection of premises
Section 26
Permitting immoral conduct; defense; evidence
Section 27
Register; entry of names; condition precedent to occupancy; retention; inspection; penalty
Section 28
Register; order to keep
Section 29
Register; true or used name; failure to register; penalty
Section 30
Revocation and suspension of license; investigation; hearing; notice; appeal
Section 31
Posting of notice of statutes
Section 32
Convictions; transmission of copy of record to licensing authorities
Section 32A
Necessity of license; motel defined
Section 32B
Grant, suspension or revocation of license; expiration; renewal; application fees; inspection; reinstatement
Section 32C
Examination of licensed camps and cabins; unsanitary conditions
Section 32D
Rules and regulations; posting
Section 32E
Operating business without license
Section 32F
Definition; license requirement for manufactured housing community; copy sent to city or town clerk; exceptions
Section 32G
Monthly fees; collection; deposit; lists; payment to treasurers; exemption from taxes; penalties; revocation of license
Section 32H
Unequipped communities; plans; cost estimates; conditional licenses; suspension or revocation
Section 32I
Register; retention; inspection; penalty
Section 32J
Summary process to recover possession; termination of tenancy or lease
Section 32K
Appeals; reinstatement; reissuance
Section 32L
Requirements and restrictions applicable to manufactured housing communities
Section 32M
Sale or proposed sale of manufactured home located in licensed community
Section 32N
Reprisals for report of violations
Section 32O
Actions to enforce Secs. 32L or 32M; mailing copies of orders
Section 32P
Terms and conditions of occupancy; disclosure in writing; required notice
Section 32Q
Manufactured home defined
Section 32R
Sale or lease of manufactured housing community; home owners’ association; notice; right of first refusal
Section 32S
Rules and regulations
Section 33
Public lodging house; definition; cubicle plan
Section 34
Licensing authority; revocation; fee; expiration; contents; coverage
Section 35
Certification; compliance with statutes; fire alarms, extinguishers, and means of escape; alterations; additional appliances
Section 36
Certification; water closets, urinals and ventilation; cleaning and disinfecting by licensee
Section 37
Register; inspection
Section 38
Free access to officers
Section 39
Keeping of house without license
Section 40
Violation of statutes
Section 41 to 46
Repealed, 1969, 59, Sec. 1
Section 46A
Definitions
Section 46B
Licensing of employment agency; necessity; posting; governing provisions
Section 46C
Application for license
Section 46D
Investigation of applicants; hearing; grant or denial of license; duration of license; prohibited locations
Section 46E
Assignment or transfer of license; locations; number of licenses
Section 46F
Fees; bond
Section 46G
Claims or suits against licensee
Section 46H
Register; contents; record of receipts and income; charges; monthly reports to commissioner
Section 46I
Information furnished to applicant for employment; copy of contract; receipt for charges
Section 46J
List of emigrant agents; necessity of license; transportation of applicants for employment; lodging and meals; statement to prospective employee
Section 46K
Prohibited activities or conduct
Section 46L
Fees; restrictions on charge or acceptance
Section 46M
Receipt of fees or payments contrary to Sec. 46L; return
Section 46N
Contract between prospective employee and agency
Section 46O
Refunds by employment agencies; conditions; reduction of fees; restriction on deductions from wages
Section 46P
Posting of copy of Secs. 46A to 46O
Section 46Q
Inspection of premises and books; rules and regulations; procedure upon complaint against licensee; suspension or revocation of licenses
Section 46R
Penalties
Section 47
Coffee and tea houses
Section 48
Repealed, 1937, 342, Sec. 2
Section 49
Lunch carts
Section 50
Lunch carts; fee of highway not owned by town
Section 50A
Repealed, 1931, 173
Section 51
Facial and scalp massage; bath houses
Section 52
Massage or baths; inspection
Section 53
Massage or baths; penalty
Section 54
Junk dealers
Section 54A
Automobile graveyards
Section 55
Junk dealers; penalty; exceptions
Section 56
Junk collector defined
Section 56A
Shooting galleries
Section 57
Sale of second hand vehicles; necessity of license; exceptions; auctions; reports
Section 58
Classes
Section 59
Licensing authorities; expiration; fees; application; prerequisites; premises; ordinance regulations; revocation; notice
Section 59A
Motor vehicle junkyards; requirements
Section 60
Registrar’s rules and regulations
Section 61
Repealed, 1996, 429
Section 62
Record book; contents
Section 63
Repealed, 1977, 553
Section 64
Repealed, 1996, 429
Section 65
Repealed, 1961, 45, Sec. 2
Section 66
Entering premises; investigation; examination of vehicles; parts, books, papers and inventories
Section 67
Obstruction of entrance or examination by officers; refusal to exhibit items demanded
Section 67A
Junked motor vehicles, registration and identification plates; removal and forwarding to registrar; penalty
Section 68
Unlicensed business
Section 69
Violation of statutes, rules or regulations
Section 70
Licensing of pawnbrokers; governing statutes; revocation
Section 71
Retention of articles; sale; disposition of proceeds; notice; other disposition; personal apparel
Section 72
Interest rate; penalty
Section 73
Entry upon premises; investigation; examination of articles, books and inventories
Section 74
Obstruction of entrance or examination by officer; failure to exhibit items demanded
Section 75
Unlicensed business
Section 76
Loans on personal property; purchases on condition of reselling; exceptions
Section 77
Fee; bond
Section 78
Regulations; interest rate
Section 79
Record book; information furnished to authorities
Section 80
Memorandum for pawner; charge
Section 81
Inspection of books
Section 82
Penalty
Section 82A
Violations of Sec. 79; liability of pawnbroker
Section 83
Tools; purchase or pawn; record book; signature of seller or pawner
Section 84
Wrong name or address of seller or pawner
Section 85
Statutes not applicable
Section 86
Household, personal use or ornament articles as security or purchased on condition of reselling or redemption; record book; memorandum for borrower
Section 87
Inspection of record book; exhibition of property
Section 88
Stolen articles; detention; producing in court
Section 89
Obstruction of inspection or examination; violation of statutes
Section 90
Less than $1000; statute not affected; waiver or release
Section 90A
Home mortgages; interest rates; definitions; application
Section 90B
Home mortgages; application of consumer credit cost disclosure provisions; prerequisites to foreclosure
Section 90C
Home mortgages; receipt for payment; penalty
Section 90D
Loans in violation of Sec. 90A; discharge; jurisdiction
Section 90E
Penalty
Section 91
Less than $1000; mortgage or pledge
Section 92, 93
Repealed, 1957, 765, Sec. 2
Section 94
Return of evidence of loan, discharge of mortgage, restoration of property; refusal or neglect
Section 95
Applicability of Secs. 90 to 94; effect on statutes
Section 96
Small loan business
Section 96A
Securities; public sale; permit, necessity, revocation
Section 97
Regulations; preservation of records relating to compliance
Section 98
Annual report; failure to file, amend; fine
Section 99
Examinations by commissioner; penalty
Section 100
“Licensee” defined; investigations by regulatory board; charges; prepayments; establishment of rates; effective date of order; more than one contract
Section 100A
Repealed, 1975, 401, Sec. 2
Section 101
Term of license; contents; posting
Section 102
Fees; more than one business; multi-state licensing system
Section 103
Penalties; voidable loans
Section 104
Applicant’s statement; power of attorney; changes in names, addresses or personnel; revocation of license
Section 105
Repealed, 1969, 221
Section 106
Illegal interest; order of commissioner; recovery in action or suit; costs
Section 107
Security interest, pledge or wage assignment; discharge by payment or tender; future advances; damages for neglect or refusal
Section 108
Assignment or order for wages or salary; validity; requisites
Section 109
Receipt; part payment
Section 110
Business without license; penalty; validity of transactions; evidence
Section 111
Rate of interest in absence of agreement
Section 112
Duties of police
Section 113
Disposal of returns made to commissioner
Section 114
Companies, associations and societies; necessity of license
Section 114A
Exceptions; restrictions; voidable loans; composite rates; determination of maximum rate
Section 114B
Finance charges on open end credit accounts; maximum rates; computation
Section 114C
Annual fee; notice; cancellation of agreement; reports
Section 115
Necessity of license for furnaces or steam engines; contents; application; hearing; notice; fee
Section 116
Dangerous engines or furnaces; nuisance; building regulations; service of process
Section 117
Appeal; injunction
Section 118
Stationary engines; distance from buildings
Section 119
Nuisance; removal
Section 120
Repealed, 1930, 399, Sec. 3
Section 121
Firearms sales; definitions; antique firearms; application of law; exceptions
Section 121A
Identification of firearms; certificate by ballistics expert as prima facie evidence
Section 122
Licenses; contents; fingerprints of applicants; procedure on refusal of license; fees; punishment for improper issuance
Section 122A
Record of licenses; notice to department of criminal justice information services; sales record books
Section 122B
Sale of ammunition; license; fees; rules and regulations; refusal, suspension or revocation of license; judicial review; penalties
Section 123
Conditions of licenses
Section 124
Term of licenses
Section 125
Forfeiture or suspension of licenses; notice
Section 126
Placards, signs or advertisements; prima facie evidence
Section 127
Transfer of licenses
Section 128
Penalty for violation of statute on selling, renting or leasing weapons; evidence on sale of machine gun
Section 128A
Application of Sec. 128
Section 128B
Unauthorized purchase of firearms; report to commissioner; penalties
Section 129
Fictitious name or address and other false information; penalties
Section 129A
Repealed, 1945, 254
Section 129B
Firearm identification cards; conditions and restrictions
Section 129C
Application of Sec. 129B; ownership or possession of firearms or ammunition; transfers; report to commissioner; exemptions; exhibiting license to carry, etc. on demand
Section 129D
Surrender of firearms and ammunition to licensing authority upon denial of application for, or revocation of, identification card or license; right to transfer; sale by colonel of state police; rules and regulations
Section 130
Sale or furnishing weapons or ammunition to aliens or minors; penalty; exceptions
Section 130A
Repealed, 1957, 688, Sec. 14
Section 130B
Firearm licensing review board; members; license applicants; hearings
Section 131
Licenses to carry firearms; Class A and B; conditions and restrictions
Section 1311/2
Gun control advisory board
Section 1313/4
Roster of large capacity rifles, shotguns, firearms, and feeding devices
Section 131A
Permits to purchase, rent or lease firearms, or to purchase ammunition; fee; penalties
Section 131B
Penalty for loan of money secured by weapons
Section 131C
Carrying of firearms in a vehicle
Section 131D
Repealed, 1954, 672, Sec. 7
Section 131E
Purchase by residents; licenses; firearm identification cards; purchase for use of another; penalties; revocation of licenses or cards; reissuance
Section 131F
Nonresidents or aliens; temporary license to carry firearms or ammunition
Section 131F1/2
Theatrical productions; carrying firearms and blank ammunition
Section 131G
Carrying of firearms by non-residents; conditions
Section 131H
Ownership or possession of firearms by aliens; penalties; seizure and disposition
Section 131I
Falsifying firearm license or identification card; penalty
Section 131J
Sale or possession of electrical weapons; penalties
Section 131K
Firearms or large capacity weapons without safety devices; liability
Section 131L
Weapons stored or kept by owner; inoperable by any person other than owner or lawfully authorized user; punishment
Section 131M
Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment
Section 131N
Covert weapons; sale, transfer or possession; punishment
Section 131O
Colonel of state police; statewide firearms surrender program
Section 131P
Basic firearms safety certificate; instructors
Section 132 to 136
Repealed, 1954, 672, Sec. 7
Section 136A
Definitions applicable to Secs. 137 to 175
Section 137
Registration and licensing of dogs
Section 137A
Kennel licenses
Section 137B
Sale or other delivery of unlicensed dog by kennel licensee
Section 137C
Inspection of kennels; revocation, suspension and reinstatement of license; nuisance
Section 137D
Surrender of license or tag for offenses against animals
Section 138
Change of owner or keeper of licensed dog; dog brought into commonwealth
Section 138A
Importation of dogs and cats for commercial resale; health certificates; violations
Section 139
Fees; certificate or statement that dog has been spayed; dogs serving blind persons; dogs owned by persons aged 70 or over; dogs serving deaf persons; refunds
Section 139A
Shelters; sale or gift of dog or cat not spayed or neutered
Section 140
Repealed, 1934, 320, Sec. 6
Section 141
Violation of statutes
Section 141A
Application of law; exception
Section 141B
Application of law; licensed pet shops exempted
Section 142 to 144
Repealed, 1934, 320, Sec. 8
Section 145
Symptoms of rabies printed on license; description supplied by department of health
Section 145A
Anti-rabic vaccine and treatment; reimbursement for cost
Section 145B
Vaccination against rabies; certificate; tag; proof of vaccination; penalty
Section 146
License valid throughout state; removal of dog into another town
Section 147
Issuance of licenses; disposition of fees; return of license books and tags to county; penalties; action on official bond
Section 147A
By-laws and ordinances relative to regulation of dogs
Section 147B
Counties; rules and regulations relating to dogs; limitations
Section 148
Repealed, 1932, 289, Sec. 6
Section 149
Accounts of treasurers
Section 150
Lists of dogs; refusal to answer person listing dogs; false answers
Section 151
Dog officers; reimbursement of cities and towns for services; contracts with corporation to perform duties of officers; turning over or sale of animals; penalty
Section 151A
Issuance of warrant to officers; duties; confinement of dogs; allowance for care
Section 151B
Emergency treatment of dogs or cats injured on ways; payment to veterinarians
Section 151C
Animal control officer training course
Section 152
Returns by officers
Section 153
Form of warrant to officers
Section 154
Repealed, 1934, 320, Sec. 17
Section 155
Liability for damage caused by dog; minors; presumption and burden of proof
Section 155A
Indemnification of law enforcement officers; damages caused by dogs used in performance of official duties
Section 156
Killing dogs under certain conditions; wounded dogs
Section 157
Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs
Section 157A
Non-compliance of dog owner or keeper with order; transferring ownership or selling of dangerous dog
Section 158
Killing unrestrained dogs or dogs in wild state
Section 159
Treble damages for injuries caused by dogs ordered to be restrained
Section 160
Killing dogs which have worried or killed stock or fowl; bond
Section 161
Damages caused by dogs and paid by county; compensation for appraisers
Section 161A
Damages caused by dogs not reimbursable; amount of awards
Section 162
Reward for killing dog or for evidence determining owner
Section 163
Notice to kill dog which has caused damage
Section 164
Failure to kill, confine or restrain dog after notice
Section 165
Investigators; investigation of damages caused by dogs; settlement; action against owner or keeper; payments over to county treasurer
Section 166
Election of remedy by person damaged
Section 167
Ordering dogs to be muzzled or restrained; killing unmuzzled or unrestrained dogs
Section 168
Service of order to muzzle or restrain dogs; penalty
Section 169
Penalty on officer; report of refusal or neglect of officer to perform duties
Section 170
Suffolk county; disposition of money received; determination and payment of claims for damages caused by dogs
Section 171
Liability to county or town of owner or keeper of dog; action
Section 172
Disposition of balance of dog fund
Section 173
Ordinances and by-laws relating to dogs
Section 173A
Violation of dog control laws; non-criminal disposition
Section 174
Recovery of penalties
Section 174A
Killing of dogs by carbon monoxide fumes
Section 174B
Restraint of dogs in public highway rest areas; penalty
Section 174C
Repealed, 1976, 299, Sec. 1
Section 174D
Research institutions; license to use dogs or cats; rules and regulations
Section 174E
Chaining or tethering dog to stationary object; confinement; restrictions; penalty
Section 175
Repealed, 1945, 276, Sec. 2
Section 176
Registration of stallion for breeding purposes; certificate; penalty
Section 177
Licensing for billiards, pool or sippio table or bowling alley; public hearing
Section 177A
Amusement devices; license; definition; fee; view and inspection; gambling; nonapplicability of lottery statute
Section 178
Business operated without license
Section 179
Minors admitted to places of business
Section 180
Location of bowling alleys in places other than as ordered; restraint
Section 180A
Definitions
Section 180B
Necessity of license for booking agent, personal agent or actor’s manager; office of licensee; penalty
Section 180C
Application; contents; notice; refusal; revocation; fees
Section 180D
Agency contracts
Section 180E
Bond
Section 180F
Action on bond
Section 180G
Rules and regulations
Section 181
Theatrical exhibitions, etc.; licenses; fees; applications; suspension or revocation; workers’ compensation coverage
Section 181A
Appearance under assumed name; statement filed; penalty
Section 181B
Schedule of prices for patrons posted; penalty
Section 182
Entertainment without license; exceptions
Section 182A
Price to appear on ticket; penalty
Section 183
Darkened dance hall and places connected therewith; degree of light; regulations and statute posted; penalty
Section 183A
Concerts, dances, exhibitions, public shows, etc.; license; application; suspension or revocation; rules and regulations
Section 183B
Repealed, 1936, 71, Sec. 2
Section 183C
Violation of statute; report of conviction; revocation of charter of corporation
Section 183D
Minimum or cover charge
Section 184
Entertainments at which alcoholic beverages are sold
Section 185
Repealed, 1963, 195
Section 185A
Resale of tickets; necessity, term and transfer of license; information in application; definition of resale; restrictions
Section 185B
Fees for, and for renewal of, licenses to resell tickets
Section 185C
Revocation or suspension of license
Section 185D
Resale price
Section 185E
Rules and regulations relative to reselling of tickets; investigations; record of licenses
Section 185F
Violation of statutes and regulations relative to reselling of tickets
Section 185G
Nonapplicability of statutes to tickets for entertainment of nonprofit organizations
Section 185H
Grant, terms, revocation, suspension, contents coverage and expiration of license for dancing schools; fees; inspection and supervision; penalty
Section 185I
Fortune tellers; license
Section 186
Grant of license for roller skating, carousels, inclined railways, Ferris wheels and exhibitions of fire fighting; terms, conditions and regulations
Section 187
Maintenance of rink without license
Section 188
Grant of license for picnic grove; terms, conditions and regulations
Section 189
Maintenance of grove without license
Section 190
Peddling, selling, gaming, horse racing or exhibitions near grove
Section 191
Grant of license for power propelled boats
Section 192
Term; record; fee; contents; posting; maximum number of passengers
Section 193
Running of boats without license
Section 194
Prohibition of business of renting of boats or bathing suits without a license
Section 195
Posting of notices relative to statutes
Section 196
Engagement in business without license
Section 197
Admission of children to entertainments
Section 198
Admission of young persons to dance halls
Section 199
Dance halls and skating rinks; statutes posted at entrances
Section 200
Violation of statutes
Section 201
Right of officers to enter premises; obstruction of entrance
Section 202
Signature on, record, contents and term of licenses; fees
Section 203
Effective date of license
Section 204
Coverage of license
Section 205
Revocation of license; record; notice
Section 205A
Amusement devices
Section 206
Public and semipublic outdoor inground swimming pools; enclosures; safety equipment; inspection; violations; penalty
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