[HISTORY: Adopted by the Borough Council of the Borough of Charleroi 4-12-2012 by Ord. No. 999. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- DEALER IN PRECIOUS METALS
- Any individual, partnership, association, corporation or business entity who or which purchases precious metals from the general public for resale or refining or any individual who acts as an agent for such individual, partnership, association, corporation or other business organization or entity. Excluded from this definition are financial institutions licensed under federal or state banking laws, the manufacturers of jewelry or of other items composed, in whole or in part, of gold, silver or platinum and the purchaser of precious metals for his, her or its use or ownership and not for resale or refining.
- Any individual, partnership, association, corporation or other business organization or entity which lends money on the deposit or pledge of physically delivered personal property or who deals in the purchase of such property on the condition of selling the property back again at a stipulated price. The business of pawnbroker does not include the lending of money on deposit or pledge of title to property.
- As used in this chapter, shall mean and include any natural person, partnership, association, firm or corporation. In this chapter, the singular shall include the plural, and the plural shall include the singular, and the masculine shall include the feminine and the neuter.
- PRECIOUS METALS
- Items containing or being of gold, silver or platinum, including but not limited to jewelry and silver services, but excluding coins, ingots, bullion or photographic film or any article containing less than 5% of gold, silver or platinum by weight.
- SECONDHAND DEALER or ANTIQUE DEALER
- An individual, partnership, association, corporation or other business organization or entity which is regularly engaged in the business of purchasing or taking upon consignment precious metals, secondhand or used goods for resale or refining, or an individual who acts as an agent for such an individual, partnership, association, corporation or other business organization or entity.
The Borough of Charleroi hereby authorizes and approves the establishment of a registration system for pawnbrokers, dealers in precious metals, secondhand dealers and antique dealers for the purpose of establishing a body of uniformly produced records that will allow law enforcement authorities to track, monitor and share information regarding merchandise pawned, bought, sold, exchanged, and/or loaned by pawnbrokers, dealers in precious metals, secondhand dealers and antique dealers.
No person shall engage in the business of being a pawnbroker, dealer in precious metals, secondhand dealer and antique dealer without first obtaining a license from the Police Department.
All pawnbrokers, dealers in precious metals, secondhand dealers, or antique dealers shall maintain accurate and complete records of each transaction in which they purchase or obtain property, precious metals, secondhand or used goods. Such records shall be kept on standard forms available from the Police Department. Upon demand, inventory records shall be made available to the Police Department for inspection and copying. Such records shall be retained for a period of no less than three years from the date of the transaction and shall be available for inspection by law enforcement authorities of the Federal government, the Commonwealth of Pennsylvania and/or the Police Department. These records shall, at a minimum, include the following:
The name, address and telephone number of the individual pawning, selling, exchanging, and/or loaning the item;
Proof of the individual's positive identification, e.g., the individual's Pennsylvania driver's license number, or Pennsylvania NON-DRIVER's license identification number. In the event that the individual pawning, buying, selling, exchanging, and/or loaning the item is under the age of 18 years, he or she shall be accompanied by a parent or legal guardian. The parent or legal guardian must also provide proof of positive identification, the same being recorded in the dealer's records;
A complete and accurate description of the goods pawned, purchased, exchanged, or loaned, including serial numbers where applicable, must be maintained by the dealer;
The price for each item that was pawned, purchased, exchanged or loaned; and
The precise dates of the pawning, selling, exchanging and/or loaning of the item.
No later than 10:00 a.m. of each Tuesday morning, copies records for transactions which occurred in the prior calendar week shall be delivered to the Chief of Police and/or his designee.
No pawnbrokers, dealers in precious metals, secondhand dealers, or antique dealers shall sell or dispose in any way until 30 days after purchase any of the following secondhand articles or goods:
No pawnbrokers, dealers in precious metals, secondhand dealers, or antique dealers shall sell or dispose of in any way any other secondhand article or goods until seven days after the purchase of the same.
Penalties shall be as set forth in Chapter 1, Article II, Enforcement; General Penalty, of this Code.
The Police Department is authorized to immediately revoke the license of any pawnbroker, dealer in precious metals, secondhand dealer, or antique dealer who is convicted of robbery, burglary, theft, receiving stolen property or any other crime set forth under Chapters 39 and/or 41 of the Pennsylvania Crimes Code.
Editor's Note: See 18 Pa.C.S.A. § 3901 et seq. and 4101 et seq., respectively.
All pawnbrokers, dealers in precious metals, secondhand dealers or antique dealers shall obtain a license from the Police Department. In obtaining a license, such dealers shall provide a copy of any license issued to such dealer by the County Sheriff or the Secretary of Banking of the Commonwealth of Pennsylvania. Additionally, such dealer shall provide the names of all persons working at the dealer's place of business located within the Borough of Charleroi. Finally, such dealer shall provide a current criminal history record check from the Pennsylvania State Police.
The Police Department, upon receipt of such license application and supporting documents from a pawnbroker, dealer in precious metals, secondhand dealer or antique dealer, shall conduct an investigation of such dealer by confirming the dealer's criminal record history, and the accuracy of all information set forth on the dealer's license application.
The provisions of this chapter shall take effect 30 days from the date of enactment.