Section 5J. (a) The department shall maintain policies and practices as necessary to prevent direct cash assistance from being used in electronic benefit transfer transactions at: liquor stores; casinos, gambling casinos or gaming establishments licensed pursuant to chapter 23K; retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment as defined in section 408(a) of the Social Security Act; adult bookstores or adult paraphernalia stores as defined in section 9A of chapter 40A; firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of said chapter 140; tattoo parlors; manicure shops or aesthetic shops registered pursuant to chapter 112; jewelry stores; foreign transmittal agencies licensed pursuant to chapter 169; on a cruise ship; or at a marijuana establishment as defined in chapter 94G. Those establishments shall not accept electronic benefit transfer cards. A store owner who knowingly allows a prohibited electronic benefit transfer transaction in violation of this section or subsection (b) of section 5I shall be punished by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $2,500 for a second offense and by a fine of not less than $2,500 for a third or subsequent offense.
(b) A store owner who knowingly violates this section and who possesses a license to sell alcoholic beverages pursuant to section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138. A store owner possessing a license pursuant to said section 12 of said chapter 138 who knowingly violates this section a second or subsequent time shall have its license suspended for not less than 30 days and shall be referred to the appropriate licensing authority for possible further disciplinary action pursuant to said section 64 of said chapter 138.
(c) A store owner who knowingly violates this section and who possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall be referred to the director of the state lottery commission for possible disciplinary action. A store owner possessing a license pursuant to said section 26 or 27 of said chapter 10 who knowingly violates this section a second or subsequent time shall have such license suspended for not less than 30 days and shall be referred to the director of the state lottery commission for possible further disciplinary action.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 18 - Department of Transitional Assistance
Section 1 - Department of Transitional Assistance
Section 2 - Comprehensive Financial Assistance Program; Services
Section 2a - Food Stamp Employment and Training Plan; Maximization of Federal 50–50 Match Program
Section 2b - Educational Program; Services
Section 3 - Commissioner; Appointment; Qualifications; Salary
Section 4 - Deputy Commissioner; Assistant Commissioners; Qualifications; Salaries; Succession; Bond
Section 5 - Organization of Department; Regional Offices; Community Service Areas
Section 5b - False Representations or Failure to Disclose Facts; Penalty
Section 5c - Vendors' Bill for Services; Perjury
Section 5d - Vendors; Violations
Section 5e - Return of Unlawful Payments
Section 5f - Father's Leaving Family to Obtain Assistance; Penalty
Section 5g - Claimant; Subrogation
Section 5l - Food Stamp Benefits Trafficking; Penalty
Section 5m - Organizational Food Stamp Benefits Trafficking; Penalty
Section 5n - Fraud Hotline; Sign Display
Section 7 - Community Service Area Boards
Section 8 - Civil Service Status of Commissioners; Restoration
Section 9 - Employees of Department; Delegation of Responsibilities
Section 10 - Reports; Rules and Regulations; Federal Aid
Section 11 - Lists of Recipients; Publication; Records; Rules and Regulations
Section 14 - Reciprocal Agreements
Section 18 - Reimbursement of Department; Recipient Arrearages; Furniture Payments
Section 18a - Failure of Custodial Parent to Cooperate With Iv–d Agency
Section 19 - Eviction From Furnished Apartment; Furniture; Relocation
Section 20 - Purchase of Home or Income Producing Property
Section 21 - Support and Maintenance; Subrogation of Department; Termination of Assistance; Notice
Section 22 - Verification of Categorical and Financial Eligibility
Section 26 - Direct Payment of Rent; Public Housing; Appeal
Section 27 - Direct Payment of Rent; Request of Landlord or Recipient
Section 27a - Direct Deposit of Assistance Checks at Banking Institutions; Option of Recipient
Section 29 - Repayment of Fraudulently Obtained Assistance; Lien
Section 30 - Overpayments of Assistance; Repayment Agreement; Assignment of Income
Section 31 - Job Diversion Program; Services
Section 32 - Participation in Pathways to Self-Sufficiency Program Required; Exceptions
Section 33 - Providing of Social Security Number Required; Exceptions; Penalty for Noncompliance
Section 34 - Tracking of Outcomes of Individuals Served by Training and Employment Service Programs
Section 35 - Availability of Caseworker via Telephone to Recipient of Cash Assistance
Section 36 - Fraud Detection Program