[HISTORY: Adopted by the Borough Council of the Borough of
Charleroi 4-12-2012 by Ord. No. 999. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, partnership, association, corporation or
business entity who or which purchases precious metals from the general
public for resale or refining or any individual who acts as an agent
for such individual, partnership, association, corporation or other
business organization or entity. Excluded from this definition are
financial institutions licensed under federal or state banking laws,
the manufacturers of jewelry or of other items composed, in whole
or in part, of gold, silver or platinum and the purchaser of precious
metals for his, her or its use or ownership and not for resale or
refining.
Any individual, partnership, association, corporation or
other business organization or entity which lends money on the deposit
or pledge of physically delivered personal property or who deals in
the purchase of such property on the condition of selling the property
back again at a stipulated price. The business of pawnbroker does
not include the lending of money on deposit or pledge of title to
property.
As used in this chapter, shall mean and include any natural
person, partnership, association, firm or corporation. In this chapter,
the singular shall include the plural, and the plural shall include
the singular, and the masculine shall include the feminine and the
neuter.
Items containing or being of gold, silver or platinum, including
but not limited to jewelry and silver services, but excluding coins,
ingots, bullion or photographic film or any article containing less
than 5% of gold, silver or platinum by weight.
An individual, partnership, association, corporation or other
business organization or entity which is regularly engaged in the
business of purchasing or taking upon consignment precious metals,
secondhand or used goods for resale or refining, or an individual
who acts as an agent for such an individual, partnership, association,
corporation or other business organization or entity.
A.
The Borough of Charleroi hereby authorizes and approves the establishment
of a registration system for pawnbrokers, dealers in precious metals,
secondhand dealers and antique dealers for the purpose of establishing
a body of uniformly produced records that will allow law enforcement
authorities to track, monitor and share information regarding merchandise
pawned, bought, sold, exchanged, and/or loaned by pawnbrokers, dealers
in precious metals, secondhand dealers and antique dealers.
B.
No person shall engage in the business of being a pawnbroker, dealer
in precious metals, secondhand dealer and antique dealer without first
obtaining a license from the Police Department.
A.
All pawnbrokers, dealers in precious metals, secondhand dealers,
or antique dealers shall maintain accurate and complete records of
each transaction in which they purchase or obtain property, precious
metals, secondhand or used goods. Such records shall be kept on standard
forms available from the Police Department. Upon demand, inventory
records shall be made available to the Police Department for inspection
and copying. Such records shall be retained for a period of no less
than three years from the date of the transaction and shall be available
for inspection by law enforcement authorities of the Federal government,
the Commonwealth of Pennsylvania and/or the Police Department. These
records shall, at a minimum, include the following:
(1)
The name, address and telephone number of the individual pawning,
selling, exchanging, and/or loaning the item;
(2)
Proof of the individual's positive identification, e.g., the
individual's Pennsylvania driver's license number, or Pennsylvania
NON-DRIVER's license identification number. In the event that
the individual pawning, buying, selling, exchanging, and/or loaning
the item is under the age of 18 years, he or she shall be accompanied
by a parent or legal guardian. The parent or legal guardian must also
provide proof of positive identification, the same being recorded
in the dealer's records;
(3)
A complete and accurate description of the goods pawned, purchased,
exchanged, or loaned, including serial numbers where applicable, must
be maintained by the dealer;
(4)
The price for each item that was pawned, purchased, exchanged or
loaned; and
(5)
The precise dates of the pawning, selling, exchanging and/or loaning
of the item.
B.
No later than 10:00 a.m. of each Tuesday morning, copies records
for transactions which occurred in the prior calendar week shall be
delivered to the Chief of Police and/or his designee.
A.
No pawnbrokers, dealers in precious metals, secondhand dealers, or
antique dealers shall sell or dispose in any way until 30 days after
purchase any of the following secondhand articles or goods:
B.
No pawnbrokers, dealers in precious metals, secondhand dealers, or
antique dealers shall sell or dispose of in any way any other secondhand
article or goods until seven days after the purchase of the same.
The Police Department is authorized to immediately revoke the
license of any pawnbroker, dealer in precious metals, secondhand dealer,
or antique dealer who is convicted of robbery, burglary, theft, receiving
stolen property or any other crime set forth under Chapters 39 and/or
41 of the Pennsylvania Crimes Code.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 3901 et seq. and
4101 et seq., respectively.
A.
All pawnbrokers, dealers in precious metals, secondhand dealers or
antique dealers shall obtain a license from the Police Department.
In obtaining a license, such dealers shall provide a copy of any license
issued to such dealer by the County Sheriff or the Secretary of Banking
of the Commonwealth of Pennsylvania. Additionally, such dealer shall
provide the names of all persons working at the dealer's place
of business located within the Borough of Charleroi. Finally, such
dealer shall provide a current criminal history record check from
the Pennsylvania State Police.[1]
B.
The Police Department, upon receipt of such license application and
supporting documents from a pawnbroker, dealer in precious metals,
secondhand dealer or antique dealer, shall conduct an investigation
of such dealer by confirming the dealer's criminal record history,
and the accuracy of all information set forth on the dealer's
license application.
The provisions of this chapter shall take effect 30 days from
the date of enactment.
