Section 23. No person shall engage in, advertise or hold himself out as being engaged in, nor solicit private detective business or the business of watch, guard or patrol agency, notwithstanding the name or title used in describing such business, unless licensed for such purpose as provided in section twenty-five.
The provisions of this section shall not apply to an agent, employee or assistant of a licensee, to any corporation, if its resident manager, superintendent or official representative is a licensee, nor to the following:—
1. A person employed by or on behalf of the commonwealth, including the general court or either of its branches, any committee of the general court or either of its branches, any special commission required to report to the general court, any political subdivision of the commonwealth or any public instrumentality, while such person is engaged in the discharge of his official duties.
2. A charitable, philanthropic or law enforcement agency, duly incorporated under the laws of the commonwealth, or any agent thereof while he is engaged in the discharge of his duties as such agent; provided, that such agency is promoted and maintained for the public good and not for private profit.
3. A person employed as an investigator, detective, watchman, guard, patrolman, or employed or assigned to perform any of the activities described in the definition ''watch, guard or patrol agency'' or whose duties include an inquiry into the fitness of an applicant for employment, in connection with the regular and customary business of his employer and whose services are not let out to another for profit or gain, but only while so acting for his employer.
4. A credit reporting bureau or agency whose business is principally the furnishing of information as to business and financial standing and credit responsibility.
5. Investigations as to the personal habits and financial responsibility of applicants for insurance or indemnity bonds, provided, such investigations do not include other activities described in section twenty-two.
6. An attorney at law in the practice of his profession.
7. Investigations with respect to, or the compilation or dissemination of, any data or statistics pertaining to any business or industry, by any trade or business association, board or organization, incorporated or unincorporated, not operated for profit, representing persons engaged in such business or industry, or by any agent of any such trade or business association while he is engaged in the discharge of his duties as such agent.
8. An insurance adjuster or investigator while acting in such capacity as an employee.
9. Any trade or business association, board or organization, incorporated or unincorporated, which furnishes as a service to members thereof, information pertaining to the business and financial standing, credit responsibility or reputation of persons with whom such members consider doing business; provided, that an investigation conducted by such association, board or organization shall be no more extensive than is reasonably required to determine the business and financial standing, credit responsibility or reputation of such person.
10. A person engaged in earning his livelihood by genealogical work and the compilation of family history while so engaged.
11. A person hired by the owner of a residential dwelling for the limited purpose of inspecting the exterior of an unoccupied residential dwelling for storm damage.
12. Individuals who are independently and currently licensed by the commonwealth in a profession or field of expertise, whereby they are exclusively utilized and confined in conducting an investigation to that profession or field of expertise, inasmuch as the context and extent of their inquiry and investigation does not exceed the particular area of their profession or field of expertise in which they are independently licensed within the commonwealth.
Whoever violates any provision of this section shall be punished by a fine of not less than two hundred nor more than one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XX - Public Safety and Good Order
Section 1 - Definitions and Duties of Commissioner and Division of Professional Licensure
Section 2 - Inspectors; Powers and Duties; Appointment as Special State Police
Section 3 - Rewards or Gifts for Services; Failure to Perform Duties
Section 8 - County Police; Appointment; Badge; Powers
Section 8a - Carrying Police Weapons and Equipment
Section 10f - Parking Control Officers
Section 11 - Cities Authorized to Establish Police Force; Appointments to Force
Section 12 - Number of Members
Section 13 - Assignment to Duty; Powers and Duties; Compensation
Section 13b - Reserve Police Forces in Cities; Appointments From Civil Service Eligible List
Section 13c - Reserve Police Forces in Towns; Appointments From Civil Service Eligible List
Section 14 - Days Off for Police; One Day Out of Thirty
Section 15 - Days Off for Police; One Day Out of Fifteen
Section 16 - Days Off for Police; One Day Out of Eight
Section 16a - Days Off for Police; One Day Out of Seven
Section 16b - Days Off for Police; One Day Out of Six
Section 16c - Five Day Weeks; Vote of Voters; Petition Question on Ballot
Section 17a - Additional Days Off or Pay
Section 17c - Time Off or Pay for Overtime Duty
Section 17d - Annual Convention of Massachusetts Police Association
Section 17e - Overtime Compensation Upon Discharge, Resignation, Retirement or Death
Section 17f - Police Chiefs; Working on Holidays; Additional Pay
Section 17g - Five Day Forty-Hour Week; Overtime Pay
Section 18 - Police Stations for Detention of Women; Appointment of Matrons
Section 20 - Removal of Women to Nearest Station With Matron; Jurisdiction
Section 21 - ''police Station'' and ''station'' Defined
Section 23 - Necessity of Private Detective License; Exceptions
Section 24 - Applications; Qualifications of Applicants
Section 26 - License Fees; Bond
Section 27 - Employment to Determine Labor Conditions or Disseminate Propaganda; Penalty
Section 28 - Assistants; Employment; Divulgence of Information or False Report; Penalty
Section 29 - Badges, Identification Cards, Weapons, Equipment and Vehicles
Section 29a - Daily Records Concerning Guards Carrying Guns Required
Section 30 - Prohibited Acts; Penalty
Section 39 - Ages of Contestants and Persons Admitted to Matches
Section 39b - Insurance on Contestants
Section 41 - Number of Persons Admitted; Limitation
Section 42 - Revocation or Suspension of License; Administrative Penalty
Section 43 - Financial Interest of Licensee in Boxer; Prepayment of Contestant
Section 44 - Authority of Commission to Summon Witnesses
Section 45 - Enjoining Unlicensed or Illegal Matches
Section 46 - Rules and Regulations; Special Permits; Annual Report
Section 47 - Distribution to Towns of Money Received by Commonwealth
Section 47a - Prohibition of Licensed Event by Municipality; Notice of Exercise of Municipal Option
Section 51 - Statutes Not Applicable to Matches or Exhibitions
Section 56 - Sale of Power Lawn Mowers; Safety Devices Required; Rules and Regulations; Penalty
Section 57 - Installation, Repair or Maintenance of Security Systems; Licensure; Exceptions
Section 58 - Application for License; Filing; Contents; Proof of Qualifications
Section 59 - Issuance of License; Effect of Felony Conviction; Term; Contents; Renewal