[Adopted 4-16-2012 by Ord. No. 1955]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any individual, firm, partnership, corporation, volunteer association, incorporated association or other business entity or any agent thereof.
SECONDHAND DEALER
Applies to every person or entity now or hereafter engaged in or carrying on a business in which it may buy or sell used or second-hand gold, silver, jewelry, ornaments, wearing apparel, household articles or goods, electronic devices (including, but not limited to radios, I-Pods, cell phones and accessories thereto). A person or entity shall be considered a second-hand dealer regardless of whether the purchase or sale of merchandise as described herein is its primary business or function.
The purpose of this article is to prevent fraud, crime and unethical and dishonest conduct and for the general protection, health and welfare of the residents of the community.
A. 
Every second-hand dealer must apply for a license, to be obtained through the office of the Borough Clerk.
B. 
The application for a license shall be in writing and signed by the applicant and shall be accompanied by prescribed fees as may be established from time to time by resolution of the Mayor and Council.
C. 
The application for a license shall contain a statement of the name, age and residence of the applicant; the purpose of the license; the place where the licensed business will be conducted; the name, age and residence of each employee of the licensee.
D. 
No license shall be granted to any person who:
(1) 
Has been convicted of violating any federal, state, county or municipal law or ordinance involving dishonesty or moral turpitude; or
(2) 
Has misrepresented any facts in the application.
Every licensee shall maintain and, upon demand by authorized representatives of the Police Department, produce a full and complete record of each and every transaction had in such business, including all deposits, redemptions, purchases and sales, on a day-by-day chronicled basis, written legibly and containing accounts and descriptions, including all distinguishing marks and numbers, of any and all goods, articles or things purchased or sold which are regulated by this article.
No second-hard dealer shall receive or purchase any articles or materials from a person under 16 years of age.
A. 
No second-hand dealer shall receive or purchase any articles or materials which are known to him or her to have been lost, stolen or converted.
B. 
Any second-hand dealer who receives or is in possession of any articles or materials alleged to have been lost or stolen shall, upon demand, present them for inspection to any officer or agent of the Police Department.
C. 
If any articles or materials are advertised in any newspaper published within the Borough as having been lost or stolen, and the articles or materials are in, or thereafter come into, the possession of any second-hand dealer, said dealer shall immediately notify, in writing, the Chief of Police. The notice to the Chief of Police shall state from whom the articles or materials were received or purchased and the time and date of the receipt or purchase.
Any person who violates any provision of this article shall, upon conviction, pay a fine of not less than $100, nor more than $1,000, or be imprisoned in the County Jail for a term of not more than 30 days, or both, within the discretion of the Judge for each and every violation.