[HISTORY: Adopted by the Borough Council of the Borough of
Munhall 3-21-2007 by Ord. No. 1519. Amendments noted where applicable.]
No person shall engage in the business of being an antique or
secondhand dealer without first obtaining a license from the Borough
of Munhall.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Munhall.
Natural persons as well as corporations, partnerships, business
units and associations.
The Police Department of the Borough of Munhall.
Any person who either wholly or partly engages or operates
the trade or business of buying and selling used goods, such as antiques,
precious stones, semiprecious stones, metals and jewelry, tools, electrical
devices, fixtures, appliances, secondhand cars, automobile accessories
or tires, household goods, firearms, coins, trading cards, or any
other type of secondhand article or goods that are purchased, salvaged,
traded or received from any person.
Every person who is engaged in the business of being an antique
or secondhand dealer shall obtain a license from the Borough of Munhall.
An application for such license shall be on a form as prescribed,
from time to time, by the Borough of Munhall.
A license fee shall be as established from time to time by resolution
of the Borough Council per year. Such fees shall be paid to the Borough
of Munhall for its general fund. The Council of the Borough of Munhall
shall have the right to establish a different annual fee, from time
to time, by either motion or by resolution adopted at a public meeting
of Council of the Borough of Munhall.
The license shall be valid for a calendar year commencing on
January 1 and terminating December 31. A license fee shall not be
prorated regardless of the date acquired.
All license application shall be a public record available to
the general public for inspection.
A.
Every secondhand and/or antique 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 contain:
B.
The secondhand and/or antique dealer has the responsibility to verify,
by either a photo identification or other appropriate means of identification,
the accuracy of the information required to be logged and kept by
this section.
Every secondhand or antique dealer shall furnish, by 12:00 noon Monday, to the Police Department of the Borough of Munhall information specified in § 342-8 of the previous business week.
No secondhand or antique dealer shall sell or dispose of in
any way until 30 days after purchase any of the following secondhand
articles or goods: antiques, precious stones, semiprecious stones,
coins, all jewelry, watches, gold or old gold, platinum, silver or
other precious metals, televisions, radios, CD or tape players, cam
recorders, video recorders, speakers or any similar articles or things.
No secondhand or antique dealer shall sell or dispose of in any way
any other secondhand article or goods not listed above until 30 days
after purchase of the same.
No secondhand dealer or antique dealer shall purchase any article from any person less than 18 years of age or from any intoxicated person. No secondhand dealer or antique dealer shall purchase from any person who is known to be or is reputed to be a thief or drug addict, or has a reputation of being a thief or drug addict, until two days after a report containing the information set forth in § 342-8 of this chapter is delivered to the Munhall Police Department, and the Police Department informs the aforesaid dealers that there are no reports that the items were stolen.
No secondhand dealer or antique dealer licensed as aforesaid,
his/her clerk, agent, servant, or employee, shall violate any of the
provisions of this chapter, or if any licensed secondhand dealer or
antique dealer is convicted or robbery, burglary, larceny, receiving
stolen goods, or any other crime involving the unlawful obtaining
of personal property, or for any sufficient cause, the Chief of Police
shall revoke such license.
Any person, association, partnership, or corporation who engages in or carries on the business of a secondhand dealer or antique dealer without a license, or who violates any provisions of this chapter, shall, upon conviction by the proper judicial authorities, be sentenced to pay a fine as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Munhall, plus costs. Each day of engaging in the business without a license shall be considered a separate offense and each transaction improperly recorded or reported shall be considered a separate offense and, upon conviction, shall be subject to a fine as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Munhall, plus costs, for each separate offense. This penalty of a fine, plus costs of prosecution, is in addition to the right of the Chief of Police to revoke a license for cause. No license fee shall be rebated for any license revoked for cause or voluntary surrender.
