[HISTORY: Adopted by the City Council of the City of Altoona 2-13-2002 by Ord. No.
5494. Amendments noted where applicable.]
This chapter shall be known as the "Pawnbrokers, Junk Dealers
and Secondhand Dealers Business Licensing Ordinance of the City of
Altoona."
It is not intended by this chapter to repeal, abrogate, annul
or in any other way impair or interfere with existing provisions of
other laws or ordinances, except those specifically repealed by this
chapter. Where this chapter imposes a greater restriction upon persons,
premises or personal property than is imposed or required by such
existing provisions of law, ordinance, contract or deed, the provisions
of this chapter shall control.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
words of the masculine gender shall include the feminine. The word
"shall" is always mandatory and not merely directory.
Includes all kinds of vocations, occupations, professions,
enterprises, establishments, and all other kinds of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein which are conducted for profit or benefit, directly or
indirectly, on any premises in the City of Altoona.
The City of Altoona, Pennsylvania.
The City Council of the City of Altoona.
The Chief of Police of the City of Altoona, his/her designee,
or such other persons or inspectors as may be appointed by the Chief
of Police.
A hearing officer selected by City Council, as provided under § 515-13 of this chapter.
As used generally herein, shall include, respectively, the
words "permit" or "permittee" or the holder for any use or period
of time of any similar privilege, wherever relevant to any provision
of this chapter or other law or ordinance.
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or other limited liability entities, or any officers, agents, employees,
factors or any kind of personal representatives of any of the above,
in any capacity, acting either for himself or for any other person
under either personal appointment or pursuant to law.
The Police Department of the City of Altoona.
Includes all lands, structures, places, and also the equipment
and appurtenances connected or used therewith in any business, and
also any personal property which is either affixed to, or is otherwise
used in connection with any such business conducted on such premises.
A.
Compliance required. It shall be unlawful for any person, either
directly or indirectly, to conduct any business or to use in connection
therewith any vehicle, premises, machine or device, in whole or in
part, for which a license or permit is required by this chapter without
a license or permit therefor being first procured and kept in effect
at all such times as required by this chapter or other law or ordinance
of the City. A person conducting any business which involves, either
wholly or in part, a combination of one or more of the types of business
activities regulated hereunder shall be required to obtain separate
licenses for each type of business conducted and shall comply with
all requirements and regulations for each type of business conducted;
provided, however, that such person shall pay only one license fee,
which shall be the license fee for the business having the highest
fee.
B.
Agents responsible for obtaining license. The agents or other representatives
of non-City residents who are doing business in this City shall be
personally responsible for the compliance with this chapter of their
principals and of the business they represent.
A.
Issuance of licenses. The Police Department through the License Officer
shall collect all license fees imposed hereunder and shall issue licenses
in the name of the City to all persons qualified under the provisions
of this chapter. In addition, the License Officer shall:
(1)
Recommend rules. Recommend the adoption of all reasonable rules and
regulations necessary to the operation and enforcement of this chapter.
City Council shall be responsible for the adoption by resolution of
all rules and regulations necessary to the operation and enforcement
of this chapter.
(2)
Adopt forms. Adopt all forms and prescribe the information to be
given therein.
(3)
Require affidavits. Require applicants to submit all affidavits and
oaths necessary to the administration of this chapter.
(4)
Obtain endorsements. Submit all applications, in a proper case, to
appropriate City officials for their endorsements thereon as to compliance
by the applicant with all City regulations which they have the duty
of enforcing.
(5)
Investigate. Investigate and determine the eligibility of any applicant
for a license.
(6)
Examine records. Examine the books and records related to information
required to be kept or maintained by this chapter of any applicant
or licensee when reasonably necessary to the administration and enforcement
of this chapter.
(7)
Give notice. Notify any applicant of the acceptance or rejection
of his/her application and shall, upon refusal of any license or permit
applied for, at the applicant's request, state in writing the
reasons therefor and deliver them to the applicant.
(8)
Enforce. Take all actions necessary to carry out the provisions of
this chapter, including, but not limited to, institution of summary
criminal proceedings, filing civil or equitable actions, revocation
of licenses, and any other appropriate legal actions necessary for
enforcement.
B.
Confidentiality duty. The License Officer shall keep all information
furnished or secured under the authority of this chapter in strict
confidence, excepting names and addresses of licensees. Such information
shall not be subject to public inspection and shall be kept so that
the contents thereof shall not become known except to the persons
charged with the administration of this chapter or to judicial officers
having the power to resolve appeals of actions taken by the City under
this chapter.
General standards to be applied. The general standards herein
set forth relative to the qualifications of every applicant for a
City license shall be considered and applied by the License Officer
in determining whether to grant or refuse to grant a license to any
applicant.
A.
Good moral character. Each applicant shall be of good moral character.
In determining whether an applicant is of good moral character, the
License Officer shall consider only:
(1)
Penal history. All convictions for crimes of moral turpitude.
B.
License history. The license history of the applicant; whether such
person, in previously operating in this or another state under a license
regulating a business, has had such a license revoked or suspended
and the reasons therefor.
C.
No obligations to the City. Each applicant shall be in default under
the provisions of this chapter, and ineligible to obtain a license,
if past due with respect to any debt or obligation incurred in any
manner to the City, including taxes.
D.
Compliance with building and zoning laws. Each applicant shall certify
that to his/her knowledge he/she is not in violation of the building
or zoning laws of the City of Altoona. Any applicant found to have
made a false certification in this respect shall be ineligible to
obtain a license.
A.
Formal application required. Every person required to procure a license
under the provisions of this chapter shall submit an application to
the Police Department, which shall:
(1)
Form of application. Be a written statement upon forms provided by
the License Officer; such forms shall include a sworn affidavit that
the information furnished is true and correct. Furnishing false certifications
or false or intentionally misleading information shall be grounds
for denial or revocation of the license or other legal action hereunder
by the License Officer.
(2)
Contents of application. Require the disclosure of all information necessary for compliance with § 515-6 above and of any other information which the City License Officer shall find to be reasonably necessary for the fair administration of this chapter.
(3)
Payment of fees. Be accompanied by the full amount of the fees chargeable
for such license.
B.
Issuance of receipts. Whenever a license cannot be issued at the
time that the application for the same is made, the City License Officer
shall issue a receipt to the applicant for the money paid in advance,
subject to the condition that such receipt shall not be construed
as the approval of the City License Officer for the issuance of a
license; nor shall it entitle or authorize the applicant to open or
maintain any business contrary to the provisions of this chapter.
C.
Duplicate license procedure. A duplicate license shall be issued
by the License Officer to replace any license previously issued which
has been lost, stolen, defaced, or destroyed without any willful conduct
on the part of the licensee, upon the filing by the licensee of an
affidavit sworn to before a notary public of this state attesting
to such fact and the paying to the License Officer of a fee as established
by resolution of the City Council.[1]
D.
Issuance of license. If the License Officer shall be satisfied that the applicant has met all requirements of this chapter, the license shall be issued to the applicant. If the License Officer determines that the requirements of this chapter have not been met, he/she shall disapprove the application and refund all fees paid in advance, from which disapproval the applicant shall have the right to appeal to a hearing officer appointed by City Council pursuant to § 515-13 of this chapter.
Information required. Each license issued hereunder shall state
upon its face:
A.
The name of the licensee and any other name under which such business
is to be conducted.
B.
The kind and address of each business so licensed.
C.
The amount of license fee therefor.
D.
The dates of issuance and expiration thereof.
E.
Such other information as the License Officer shall determine.
A.
General standards of conduct. Every licensee under this chapter shall:
(1)
Permit inspection. Permit all reasonable inspections of his/her business
and examinations of his/her books containing information required
to be kept or maintained by this chapter by public authorities so
authorized by law.
(2)
Comply with governing law. Ascertain and at all times comply with
all laws and regulations applicable to such licensed business.
(3)
Operate properly. Avoid all forbidden, improper or unnecessary practices
or conditions which do or may affect the public health, morals or
welfare.
(4)
Cease business. Refrain from operating the licensed businesses on
premises after expiration of his/her license and during any period
his/her license is revoked or suspended.
B.
Display of license. Every licensee under this chapter shall:
(1)
Licenses.
(a)
Premises. Post and maintain such license upon the licensed premises
in a place where it may be seen at all times.
(b)
Persons. Carry such license on his/her person when he/she has
no licensed business premises.
(c)
Vehicles. Post and maintain such license in a conspicuous place
when business is being conducted from a vehicle.
(2)
Inoperative licenses. Not allow any license or insignia to remain
posted, or displayed, or used, after the period for which it was issued
has expired, or when it has been suspended or revoked or for any reason
become ineffective. The licensee shall promptly return such inoperative
license to the License Officer.
(3)
Unlawful possession. Not loan, sell, give or assign to any other
person, or allow any other person to use or display, or to destroy,
damage or remove, or to have in his/her possession, except as authorized
by the License Officer or by law, any license which has been issued
to said licensee.
C.
New location desired. A licensee shall have the right to change the
location of the licensed business, provided he/she shall:
(1)
Approval of License Officer. Obtain written permission from the License
Officer for such change of location.
D.
Keep records. Keep all records and books to provide the information
required by this chapter and necessary for the enforcement of this
chapter.
A licensee shall not transfer his/her license to another person.
A.
A hearing officer appointed by City Council pursuant to § 515-13 of this chapter shall hear all appeals from the decision of the License Officer disapproving an application for a license. The Hearing Officer may, upon recommendation of the License Officer and following written notice to the licensee and, if requested by the licensee, a hearing as provided for in § 515-12B of this chapter, refuse to renew, suspend or revoke a license of any applicant or licensee. All decisions of the Hearing Officer in support of any action or recommendation of the License Officer shall be based upon one or more of the following reasons:
(1)
The practice of any fraud, deceit, misrepresentation or furnishing
false information in obtaining or attempting to obtain a license.
(2)
The practice of fraud, deceit, misrepresentation or furnishing false
information in the course of carrying on the licensed business.
(3)
The conviction of any of the enumerated crimes set forth in subsequent
sections of this chapter for the particular business license involved.
(4)
Violation of or noncompliance with the provisions of this chapter
or orders of the License Officer issued under the authority of this
chapter.
(5)
Loaning, borrowing or using a license of another, or knowingly aiding
or abetting in any way the granting of improper licenses.
(6)
The doing of any act or engaging in any conduct in the course of
the business which demonstrates incompetency, bad faith or dishonesty,
or substantially adversely affects the health, safety, or general
welfare of the public.
B.
Before the Hearing Officer acts upon any recommendation of the License
Officer to refuse to renew, suspend or revoke any license, the License
Officer shall notify the applicant or licensee of the charges against
him/her and shall accord the applicant or licensee ample opportunity
to be heard thereon in person or by counsel. The notice shall be in
writing and be served by certified mail, addressed to the applicant
or licensee at the address appearing in the application for the license
or on the issued license, and shall notify the applicant or licensee
of his/her right to a hearing before the Hearing Officer. The applicant
or licensee shall have a period of 10 days from the date of the service
of the notice (which shall be the date of the mailing) to request
a hearing before the Hearing Officer, which hearing shall, if requested,
be conducted after not less than 30 days' written notice to applicant
or licensee. If no hearing before the Hearing Officer is requested,
it shall be conclusively presumed that the applicant or licensee concurs
in the recommendation of the License Officer, and the Hearing Officer
shall take the action recommended by the License Officer without necessity
for any further proceedings.
The Hearing Officer, for purposes of this chapter, in any particular
case shall be a person appointed by City Council who is capable of
conducting an administrative hearing in a thorough, fair and impartial
manner, examining and weighing evidence, applying applicable law to
the facts of a case, and writing a decision setting forth findings
of fact and conclusions of law in support of such decision. A hearing
officer may be an employee of the City, so long as he/she is not a
subordinate of the License Officer. A hearing officer shall have full
authority and power to carry out the duties of the Hearing Officer
as set forth in this chapter. In addition to his/her duty to take
actions upon the recommendation of the License Officer in refusing,
suspending or revoking any license, a hearing officer shall hear and
decide all appeals from persons aggrieved by any decision or order
of the License Officer (except a decision to file summary enforcement
proceedings with a Magisterial District Judge) when it is alleged
that the decision or order complained of is not authorized by this
chapter or directs a method of compliance which imposes an unreasonable
burden upon the licensee without good cause. In such cases, a hearing
officer shall have the authority, in a proper case, to change, modify
or rescind any decision or order of the License Officer or to extend
the time for compliance. All appeals to a hearing officer from decisions
or orders of the License Officer shall be filed with the License Officer
within 10 days of the date of the decision or order complained of.
The appeal shall be in writing, shall specify the grounds therefor,
the relief requested and shall be accompanied by an appeal fee as
established by resolution of the City Council. Upon receipt of an
appeal, a hearing shall be held after not less than 30 days' written
notice to the licensee.
A.
Inspections.
(1)
Persons authorized. The following persons are authorized to conduct
inspections in the manner prescribed herein:
(a)
License Officer. The License Officer shall make all investigations
reasonably necessary to the enforcement of this chapter.
(b)
Officials having duties. The License Officer shall have the
authority to order the inspection of licensees, their businesses and
premises, by the police and all City officials having duties to perform
with reference to such licensees or businesses.
(2)
Authority of inspectors. All inspectors shall have the authority
to enter premises to inspect for violation of any provision of this
chapter. Persons inspecting licensees, their businesses or premises
as herein authorized shall report all violations of this chapter or
of other laws or ordinances to the License Officer and shall submit
such other reports as the License Officer shall order.
B.
Enforcement duties of License Officer. When the License Officer determines
that there exists any violation of this chapter, he/she shall, at
his/her option:
(1)
Issue and serve upon the violator a notice of violation, which notice shall be in writing, shall specify the violation and shall contain an order directing correction of the violation within a specified time to be not less than 10 days from the date of the notice. (Any person aggrieved by such notice shall have the right to appeal as set forth in § 515-13 of this chapter.)
(2)
Institute and prosecute summary enforcement proceedings before a
Magisterial District Judge.
C.
The License Officer shall be authorized to take any or all of the
above enforcement actions in any given case as are deemed necessary
in his/her opinion for proper administration and enforcement of this
chapter, and his/her right to take any particular enforcement action
shall not be limited by reason of the fact that he/she has also taken
a different action in the same case.
Where a person allows another person who has not procured a
license to use his/her premises for an activity requiring a license
under this chapter, such person who allows his/her premises to be
used shall be held liable for any applicable license fees required
herein.
Any person who violates any provision of this chapter or any final order of the License Officer or Hearing Officer issued pursuant to the authority of this chapter shall, upon conviction therefor in a summary proceeding, be fined not less than $150 nor more than $1,000 and shall pay the costs of prosecution or undergo imprisonment for not more than 90 days, or both. Each day during which a violation continues shall constitute a separate offense. As used in this section, the term "person" shall have the meaning set forth in § 515-3 of this chapter.
A.
License required to be a pawnbroker. No person shall use, exercise
or carry on the trade or business of pawnbroker within the City without
first obtaining a license from the License Officer. A pawnbroker's
license runs from January 1 to December 31 of each year.
B.
PAWNBROKER
(1)
(2)
(3)
PLEDGE
Definition of terms. As used in this chapter, unless the context
indicates otherwise:
Includes any person who:
Engages in the business of lending money on the deposit or pledge
of personal property other than choses in action, securities, or written
evidence of indebtedness;
Purchases personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lends money upon goods, wares or merchandise pledged, stored
or deposited as collateral security.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his/her business as defined in the preceding
paragraph. "Pledgor" means the person who obtains a 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 "pledgor" means the disclosed principal.
C.
Records to be kept. Each and every pawnbroker shall keep a book legibly
written in the English language, in which shall be recorded:
(1)
A full and accurate description of all articles purchased or left
in pawn with him.
(2)
The date and time of pledging, pawning or purchasing the same.
(3)
The date and time within which such pawned or pledged article is
to be redeemed.
(4)
The amount of money lent or paid therefor.
(5)
The description of the person or persons, including such person's
name, age and address, making a pledge.
D.
Report to police. Every pawnbroker shall, before 12:00 noon of every
Tuesday, deliver to the City of Altoona Police Department a written
description of all articles received in the course of his/her business
during the business week immediately previous, together with the numbers
of any tickets or receipts associated with the articles received and
a description of the person or persons pawning the articles, including
such person's name, age and address. This information may be
submitted on forms which may be obtained from the Police Department
or by providing copies or summaries of the pawnbroker's own records.
However, if the pawnbroker chooses to submit copies or summaries of
his/her own records, the records must contain all of the information
specified above in this subsection.
E.
Information pawnbroker shall give to pledgor. Every pawnbroker shall
at the time of making or receiving any article in pawn deliver to
the pledgor a memorandum signed by him, containing:
F.
Forbidden transactions. A pawnbroker shall not accept a pledge from
a person under the age of 18 years. A pawnbroker shall require any
person who appears to be under 30 years of age to verify that he or
she is at least 18 years old by presentation of photo identification
card listing his/her date of birth or age (such as a driver's
license, passport, student identification card, employee identification
card, or alien resident card). If a person fails or refuses to present
photo and age verification upon request of the pawnbroker, the pawnbroker
shall not accept a pledge from that person.[1]
G.
Conviction of certain crimes. If any pawnbroker is convicted of robbery,
burglary, theft, receiving stolen goods or any other crime involving
the unlawful obtaining of personal property, a hearing officer shall,
after notice and hearing, revoke said pawnbroker's license.
A.
License required to be a junk dealer. No person shall use, exercise
or carry on the trade or business of junk dealer within the City without
first obtaining a license from the License Officer. A junk dealer's
license runs from January 1 to December 31 of each year.
B.
JUNK DEALER
Definitions of terms. As used in this chapter, unless the context
indicates otherwise:
Includes any person who shall carry on the business of buying
or selling and dealing in junk and/or scrap metals, including but
not limited to iron, brass, lead, copper, aluminum and other metals
or alloys, or other materials commonly referred to as "junk."
D.
Report to police. Every junk dealer shall, before 12:00 noon of every
Tuesday, deliver to the City of Altoona Police Department a written
description of all articles of scrap brass, lead, copper or aluminum
received in the course of his/her business during the business week
immediately previous, together with the numbers of any tickets or
receipts associated with the articles received and a description of
the person or persons selling the articles to the junk dealer, including
such person's name, age and address. This information may be
submitted on forms which may be obtained from the Police Department
or by providing copies or summaries of the junk dealer's own
records. However, if the junk dealer chooses to submit copies or summaries
of his/her own records, the records must contain all of the information
specified above in this subsection.
E.
Period of retention of purchased articles. All persons, firms or
corporations licensed under the provisions of this article shall keep
and retain on their premises such scrap brass, lead, copper or aluminum,
in the original form, shape or condition in which they received such
goods, a minimum period of seven days after their purchase of the
same.
F.
Forbidden transactions. No person licensed under this section shall
receive or purchase articles from individuals under 18 years old.
A junk dealer shall require any person who appears to be under 30
years of age to verify that he or she is at least 18 years old by
presentation of photo identification card listing his/her date of
birth or age (such as a driver's license, passport, student identification
card, employee identification card, or alien resident card). If a
person fails or refuses to present photo and age verification upon
request of the junk dealer, the junk dealer shall not buy any articles
from that person.[1]
G.
Conviction of certain crimes. If any junk dealer is convicted of
robbery, burglary, theft, receiving stolen goods or other crime involving
the taking of personal property, a hearing officer shall, after notice
and hearing, revoke said junk dealer's license.
A.
License required to be a secondhand dealer. Except as otherwise provided
in this section, no person shall engage in the business of being a
secondhand dealer, as defined in this section, without procuring a
license from the License Officer. A secondhand dealer's license
runs from January 1 to December 31 of each year,
(1)
No individual shall be required to obtain a license under this section who engages in isolated or occasional purchases or sales of those items set forth in Subsection B hereof, provided such person maintains no place of business within the City, engages in no promotion or advertising, and can prove by appropriate records that total sales of the previous year did not exceed $1,500.
B.
SECONDHAND DEALER
(1)
(2)
Definition of a secondhand dealer. Except as provided in otherwise
in this section:
Includes any person who, either wholly or in part, engages
in or operates the trade or business of buying and/or selling used
goods such as precious stones, metals, jewelry, any tools, any electrical
devices, fixtures, appliances, household goods, firearms and bric-a-brac.
The foregoing enumeration of articles, goods and property shall not
be deemed to be exclusive or all inclusive. Secondhand articles or
goods for the purpose of this article are any articles or goods that
are purchased, salvaged, or received, from any person, association,
copartnership, or corporation.
"Secondhand dealer," for purposes of this article, does not
include antique stores or dealers, which are defined as businesses
which are exclusively engaged in the sale of objects or items which
have special value because of their age.
"Secondhand dealer," for purposes of this article, shall not
be deemed to include:
C.
Records to be kept. Each and every secondhand dealer shall keep a
book legibly written in the English language at the time of acquiring
articles in the course of business, which book shall give:
D.
Reports to police. Every secondhand dealer shall, before 12:00 noon
of every Tuesday, deliver to the City of Altoona Police Department
a written description of all articles received in the course of his/her
business during the business week immediately previous, together with
the numbers of any tickets or receipts associated with the articles
received and a description of the person or persons selling the articles
to the secondhand dealer, including such person's name, age and
address. This information may be submitted on forms which may be obtained
from the Police Department or by providing copies or summaries of
the secondhand dealer's own records. However, if the secondhand
dealer chooses to submit copies or summaries of his/her own records,
the records must contain all of the information specified above in
this subsection.
E.
Retention of purchased articles. No secondhand dealer shall sell
or dispose of any secondhand articles or goods until seven days have
elapsed after the purchase of the same. However, it shall be an affirmative
defense to any prosecution or administrative proceeding brought for
a violation of this section that, in the case of precious metals,
retention for the time period required would have resulted in serious
and substantial economic losses to the dealer, or the probability
of such losses was significant, due to rapid and highly fluctuating
market conditions, provided the persons so charged shall prove the
existence of the market conditions giving rise to the aforesaid defense
by preponderance of the evidence. Market conditions, in order to be
a defense hereunder, must be such that financial analysts would characterize
trading as at or approaching a level or occurrence in an atmosphere
of panic so as to clearly distinguish trading conditions from normal
variations in market movement in response to economic news or other
events.
F.
Forbidden transactions. No secondhand dealer shall purchase any article
from any person under the age of 18. A secondhand dealer shall require
any person who appears to be under 30 years of age to verify that
he or she is at least 18 years old by presentation of photo identification
card listing his/her date of birth or age (such as a driver's
license, passport, student identification card, employee identification
card, or alien resident card). If a person fails or refuses to present
photo and age verification upon request of the secondhand dealer,
the secondhand dealer shall not buy any articles from that person.[1]
G.
Conviction of certain crimes. If any secondhand dealer shall be convicted
of robbery, burglary, theft, receiving stolen goods or any other crime
involving the unlawful obtaining of personal property, a hearing officer
shall, after notice and hearing, revoke said secondhand dealer's
license.
All existing businesses required to be licensed hereunder shall
apply for a license within three months from the passage of this chapter,
and all such applicants shall be charged a fee of $25, which license
shall thereafter be renewed in accordance with this chapter upon payment
of the specified fee and fulfillment of all other requirements hereunder.