[Adopted by the Town Council of the Municipality of Kingston 2-3-2014 by Ord. No. 2014-2. Amendments noted where applicable.]
No person shall exercise or carry on the business, trade or occupation of buying scrap gold, old gold, silver, jewelry, home electronics/audio and visual equipment, musical instruments, telephones and telephonic equipment, scales, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, VCRs, DVRs, camcorders, car stereos, firearms, or other valuable articles, hereinafter referred to as "secondhand goods or articles," or being a secondhand dealer within the Municipality of Kingston, without having first obtained a license from the Municipality of Kingston Code Enforcement/Licenses and Permits Office as hereinafter provided. A secondhand dealer is defined as a person, association, corporation or partnership, or other entity, who, wholly or in part, engages in or operates the trade or business of buying or acquiring any article mentioned above, or other valuable articles, except from a regularly established wholesale dealer. For purposes of this chapter, all employees of said facility shall also be considered secondhand dealers.
The Municipality of Kingston Code Enforcement/Licenses and Permits Office shall, from time to time, give and grant licenses to all proper persons, except persons convicted of receiving stolen property or goods, theft, any crime of deception, burglary or conspiracy to commit any of the aforementioned crimes, who may apply for the same to use, exercise and carry on the trade, business or occupation of buying secondhand goods or articles, or being a secondhand dealer, which said license shall state where said business is to be carried on, and shall continue in force for one year (unless sooner because of suspension or revocation), and no longer, and each person applying for such license. If his/her application be approved, in writing, by the Municipality of Kingston Code Enforcement/Licenses and Permits Office, he/she shall pay to said official for the use of the municipality the sum of $50 and receive from the said official a license to carry out the said business. The license so granted shall only be valid for one place of business. Once licensed, it shall be the applicant's responsibility to renew the license each year prior to the expiration of the current license. The reapplication process, to include all fees, shall be the same as the original process defined herein.
All secondhand dealer applicants, to include all employees or any applicant, shall be required to submit to a criminal history records check conducted by the Municipality of Kingston Police Department. No applicant or employee shall be granted a license or allowed to work in any facility covered by this chapter without successfully passing a criminal history records check. After licensing, should a secondhand dealer hire a new employee, prior to the employee being allowed to work in the licensed facility, the employee applicant shall have to submit to and successfully pass a criminal history records check.
The criminal history records check of an applicant must be conducted prior to application. Any fee(s) for the criminal history records check shall be the sole responsibility of the applicant. Applicants shall report to the Municipality of Kingston Police Department Monday through Friday, 8:00 a.m. to 4:00 p.m., and request the criminal history records check of the Police Department office. Once completed, the officer will notify the applicant by phone that he/she may contact the Municipality of Kingston Code Enforcement/Licenses and Permits Office to complete the application. The criminal history records check shall be provided to the Code Enforcement/Licenses and Permits Office and shall be a permanent part of the application, to remain with the Code Enforcement/Licenses and Permits Office.
Any conviction of any of the crimes listed in § 145-2 of this chapter shall be an immediate disqualification and disallow the applicant from ever obtaining a license, as well as disqualifying any employee from ever being allowed to work at any secondhand goods establishment within the Municipality of Kingston.
No person shall use the streets, lanes, courts, alleys, highways, buildings, houses, parks, playgrounds or grounds of the Municipality for the purpose of purchasing or trading in secondhand goods or articles, or act as a secondhand dealer, until a license for that purpose has first been issued/granted by the Municipality of Kingston Code Enforcement/Licenses and Permits Office.
All licensees shall conduct their business in conformity with the following procedures:
Each and every person licensed shall carry said license on his/her person/business for inspection by any law enforcement officer or other designated municipal employee. The licensee shall also keep a log in which shall be legibly written, in the English language, the name of the person, his/her address, date of birth, a valid driver's license, valid state identification card, valid passport, or a valid military identification. The licensee's log shall have a description of each and every article purchased (which will include any serial numbers and/or service log numbers), the date and time purchased, the amount of money paid therefor, and the signature of the seller. The log shall be available for review by any law enforcement officer and/or any other designated municipal employee.
At the time of the transaction, all licensees shall fill out the forms furnished by the Luzerne County District Attorney's Office, and such forms will be entered into the Luzerne County Precious Metals Database (http://nepapmdb.com) within 48 hours of the time of purchase.
All goods purchased by licensees under this chapter must be retained in the possession of the licensee for 15 days from the date the goods are entered in the secondhand dealer's/pawn shop's database.
No licensee shall purchase such secondhand goods, articles, or other articles of value from any person under 18 years of age, from any intoxicated person, any person known to be a thief or associate of thieves, receiver of stolen property, or any person whom the licensee has reason to suspect or believes to be such.
No licensee shall purchase any item he/she believes to be stolen, nor shall he/she purchase any item that has any serial number altered, removed, or partially removed.
The Municipality of Kingston Code Enforcement/Licenses and Permits Office and the Chief of Police are hereby authorized to make any other rules and regulations necessary, in their opinion, for the proper conduct of the person or business licensed, and must report such rules to the Mayor and Municipal Council after review and approval by the Municipal Solicitor.
Any licensee failing, neglecting or refusing to comply with any of the above provisions of this chapter shall be fined a sum of $300 for the first offense, plus costs, and shall have his/her license suspended for a period of 10 days. This suspension shall be mandatory.
Every day that a violation continues shall be a separate violation. Each violation shall result in an additional ten-day suspension.
Any licensee failing, neglecting or refusing to comply with any of the above provisions of this chapter shall be fined a sum of $500 for the second offense, plus costs, and shall have his/her license suspended for a period of 15 days. This suspension shall be mandatory.
Any licensee failing, neglecting or refusing to comply with any of the above provisions of this chapter shall be fined a sum of $1,000 for the third and subsequent offenses in a three-hundred-sixty-five-day period, plus costs, and shall have his/her license suspended for a period of 30 days. This suspension shall be mandatory.
Any person, firm or corporation who or which shall violate this chapter shall be subject to the fines imposed herein. Failure to pay the assessed fine within 10 days shall subject the violator to arrest by the Municipality of Kingston Police Department, or any other lawful law enforcement officer, prosecution in proceedings before the District Justice in the jurisdiction of the Municipality of Kingston, and, upon conviction thereof, shall be deemed guilty of an offense and shall be subject to the penalties set forth herein.