§ 5J — Preventing electronic benefit transfer transactions for certain purchases made using direct cash assistance funds; penalty

[ Subsection (a) effective until October 2, 2024. For text effective October 2, 2024, see below.]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 5Ishall 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.[ Subsection (a) as amended by 2024, 135, Sec. 3 effective October 2, 2024. For text effective until October 23, 2024, see above.](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; 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 5Ishall 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.