Section 140:185B - Fees and bond for license; waiver of fees(a)The fee for each license granted under section 185A and for each annual renewal thereof shall be determined annually by the secretary of administration and finance under section 3B of chapter 7 for the filing thereof.(b) If any licensee demonstrates that their business provides a service to facilitate ticket transactions without charging any fees or surcharges above the established face value ticket price, on every transaction, except a reasonable and actual service charge for the delivery of tickets, then the fees for licensing may be waived at the discretion of the commissioner of occupational licensure.(c)(1) The applicant for a license shall file with the application a bond in the penal sum of $25,000, which bond shall be approved by the commissioner of occupational licensure. Each such bond shall be conditioned that the obligor: (i) shall not be guilty of any fraud or extortion; (ii) shall not violate directly or indirectly any of the provisions of sections 185A to 185F, inclusive, or any of the provisions of the license provided for in said sections; (iii) shall comply with the provisions of said sections 185A to 185F, inclusive; and (iv) shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit or any unlawful act or omission that such obligor or their agents or employees, while acting within the scope of their employment, made, committed or omitted in connection with said sections in the business conducted under such license or caused by any other violation in carrying on the business for which such license is granted. One or more recoveries or payments upon such bond shall not vitiate the same but such bond shall remain in full force and effect; provided, however, that the aggregate amount of all such recoveries or payments shall not exceed the penal sum thereof.(2) Before drawing upon such bond, the commissioner of occupational licensure shall issue a determination in writing which shall include the basis of such action. The commissioner shall notify in writing the licensee of any such determination and shall afford the licensee an opportunity to respond within 20 days of the receipt of such determination. In no event may the bond be drawn upon in less than 25 days after the service of a determination to the licensee. Such written notice may be served by delivery thereof personally to the licensee or by certified mail to the last known business address of such licensee. Only upon such determination of the commissioner shall money be withdrawn from the bond.(3) The commencement of any action against the surety upon any such bond for a sum or sums aggregating or exceeding the amount of such bond shall require a new and additional bond in like amount as the original bond, which shall be filed within 30 days after the demand therefor.(4) Failure to file such bond within such period shall constitute cause for the revocation of the license theretofore issued to the licensee upon whom such demand shall have been made.(5) Any suit or action against the surety on any bond required by this section shall be commenced within 1 year after the cause of action shall have accrued.Mass. Gen. Laws ch. 140, § 140:185B
Amended by Acts 2024, c. 238,§ 249, eff. 11/20/2024.