[Ord. 561, 11/14/2012]
As used in this part, the following terms shall have the meanings
indicated in this section:
A day on which business is done.
A pawnbroker, precious metals dealer, antique dealer, secondhand
dealer and/or jeweler.
A valid identification document issued by a state or federal
government, bearing a photograph, that gives identifying data, such
as name, date of birth, gender, physical description and current address,
of the person bearing the card.
Personal property, precious metal, antique and/or secondhand/or
used good.
Any person under the age of 18.
An individual, partnership, association, corporation or other
business entity, including an itinerant merchant, doing business in
the Township of Lower Southampton that lends money in exchange for
personal property deposited by a pledger as security that can be sold
if the loan is not repaid within a specified period and/or that engages
in purchase and resale of any merchandise from a pledger or seller.
An article and/or articles deposited with a pawnbroker as
security for a loan or currency in the course of his/her business
as defined in the preceding definition.
The person who obtains the loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker; unless such person discloses
that he/she is or was acting for another, in which case a "pledger"
means the disclosed principal.
An individual, partnership, association, corporation or other
business entity, including an itinerant merchant, doing business in
the Township of Lower Southampton that purchases or makes appraisals
of precious metals and their alloys for resale to refiners, brokers
or the public.
An item containing or being of 10 karat gold or greater fineness,
silver, platinum, coins and bullion.
An individual, partnership, association, corporation or other
business entity, including an itinerant merchant, doing business in
the Township of Lower Southampton that purchases or makes appraisals
of secondhand/or used goods for resale or refining, or an individual
who acts as an agent for such individual, partnership, association,
corporation or other business organization or entity.
Goods that are being purchased by or otherwise transferred
to a second dealer or later end user, including but not limited to
precious metals and electronic devices and electronic device accessories.
The person who obtains payment from a dealer in return for
the sale of any merchandise to the dealer.
A purchase, sale or loan by any dealer.
[Ord. 561, 11/14/2012]
1.
License. No person shall act as a dealer unless he or she has obtained
a license from the Lower Southampton Township Zoning and Code Enforcement
Office for each location from which that person seeks to act as a
pawnbroker.
2.
Registration. No person shall act as a dealer unless he or she pays
an annual registration license fee for each location from which the
applicant intends to operate as set by Township resolution.
3.
Pawnbroker's license. No license to act as a pawnbroker shall be
issued by the Lower Southampton Township Zoning and Code Enforcement
Office unless the applicant has been licensed first by the Commonwealth
of Pennsylvania as required by the Act of April 6, 1937, P.L. 200,
63 P.S. § 281, as amended.[1]
[1]
Editor's Note: See the Pawnbrokers License Act, 63 P.S. § 281-1
et seq.
[Ord. 561, 11/14/2012]
All dealers in precious metals shall maintain records of each
transaction in which they purchase precious metals from the public
or give a statement of appraisal. These records shall be maintained
for a period of two years from the transaction date. Such information
will be kept in a bound book and shall include, at least, the following
information:
A.
The name, current address and telephone number of the person making
the transaction, as evidenced by a document photograph identification,
which will be photocopied and retained, one which must prove the individual
is at least 18 years of age.
B.
The date and time of transaction.
C.
An accurate description of each, including any make, model and serial
number or other identifying marks or symbols, such as engraving, types
of gemstones and style of the property.
D.
The source acquisition.
E.
The name, current address and telephone number of the purchaser of
such property.
F.
A digital photo of each item.
G.
Currency amount paid pledger or seller.
[Ord. 561, 11/14/2012]
1.
All scales or other devices used by dealers to weigh precious metals
must be of a type approved for commercial use in the Commonwealth
of Pennsylvania and must be inspected and sealed by the Pennsylvania
Bureau of Ride and Measurement Standards' Weight and Measures Division.
2.
Dealers must notify the Pennsylvania Bureau of Ride and Measurement
Standards' Weights and Measures Division whenever a weighing device
referred to in Subsection 1 above is moved from one location to another.
[Ord. 561, 11/14/2012]
The dealer shall obtain the following information from the pledger
and/or seller for the purposes of establishing identification of each
pledger and/or seller:
[Ord. 561, 11/14/2012]
Any item identified as stolen by the Lower Southampton Township
Police Department shall be retained by the dealer for 30 days from
the date of such identification.
[Ord. 561, 11/14/2012]
1.
Responsibility of Township.
A.
The Lower Southampton Township Police Department shall enter into
an agreement with an online entity which operates an electronic database
for law enforcement agencies for the purpose of identifying stolen
merchandise and persons suspected of thefts.
B.
The entity chosen by the Lower Southampton Police Department to administer
the electronic inventory tracking system shall ensure that all data
remains secure and confidential by providing to each dealer log-in
security protocols which meet current industry standards and shall
employ state-of-the-art technology to protect the data from all forms
of unauthorized access and malicious intrusion.
2.
Responsibility of dealer.
A.
Each dealer doing business in the Township of Lower Southampton shall,
within 30 days of the adoption of this part, maintain an electric
inventory tracking system which is capable of securely and confidentially
uploading all transactions via computer to the entity designated by
the Lower Southampton Township Police Department.
B.
Daily upload. No later than the conclusion of each business day,
every dealer must upload, in the manner specified by the Police Department,
the required tracking information for all transactions during the
course of business on that day.
[Ord. 561, 11/14/2012]
1.
All items shall be kept in unaltered condition, available for inspection by law enforcement officials in the course of their law enforcement duties, for 15 days following a transaction by a dealer or a data upload as specified in § 13-707 above.
2.
Law enforcement officials shall not require a search warrant to inspect
items, unless the inspection is made during hours other than regular
business hours. No items may be seized without a search warrant.
3.
During the holding period, any item subject to the holding period
shall be segregated from other inventory to ensure that it is not
placed in an area or section where personal property and/or precious
metals are offered for sale. Where any item is held off the premises,
the dealer shall make the item available for inspection within 24
hours after receiving a request for inspection by law enforcement
officials.
[Ord. 561, 11/14/2012]
Transactions, except game systems and accessories, between dealers
and minors are prohibited.
[Ord. 561, 11/14/2012]
1.
Fines. Any person and/or dealer who violates, fails, neglects or
refuses to comply with any provision of this part shall pay a fine
not exceeding $1,000 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not exceeding 30 days.
Each day that a violation of this part continues shall be considered
a separate offense.
2.
Dealer's license suspension. In addition to the fines specified in
Subsection 1 above, a dealer who is convicted of a violation of any
provisions of this section shall have his license(s) suspended.
3.
Cease operations.
A.
During any period of license suspension, the dealer shall cease operation
at each and every location of the dealer's business located in Lower
Southampton Township.
B.
Cease operations order:
(1)
The Lower Southampton Township Zoning and Code Enforcement Office
shall issue a cease operations order for each business location operated
by the dealer who has been convicted of a violation of the provisions
of this part.
(2)
The cease operations order shall identify the prohibited operations
and shall state the applicable license has been suspended for the
conviction of violation(s) of the part.
(3)
The cease operations order shall be in force for the full period
of any license suspension and shall set forth this period in the order.
(4)
The Lower Southampton Township Zoning and Code Enforcement Office
shall not remove any posted cease operations order until the Lower
Southampton Township Zoning and Code Enforcement Office is satisfied
that all suspended licenses have been restored.
4.
License at cease operation location. No person or dealer shall be
issued a license for a business location that has been posted with
a cease operation order as long as any person under a license suspension
or revocation, or any member of that's person's family, or in the
case of a corporation, the corporation or any affiliated business,
retains a pecuniary interest in the real property at that location.
