[HISTORY: Adopted by the Borough Council of the Borough of
Millvale 3-11-2008 by Ord. No. 2376. Amendments noted where applicable.]
No person or entity shall engage in the business of being an
antique or secondhand dealer without first obtaining a license from
the Borough of Millvale Municipal Offices.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or entity who either wholly or partly engages
or operates the trade and business of buying and selling used goods
such as, but not limited to, antiques, precious stones, semiprecious
stones, metals, jewelry, tools, electrical devices, fixtures, appliances,
secondhand vehicles, including registered and unregistered scooters,
mopeds, ATVs, and all other modes of transportation, automobile or
motor vehicle accessories, tires, household goods, firearms, coins,
trading cards, and all other used items. As set forth herein, any
enumeration shall not be deemed to be exclusive or all inclusive.
Secondhand goods or articles include any articles or goods that are
purchased, salvaged, traded or received from any person or entity.
Every secondhand dealer and antique dealer shall keep a book,
legibly written, in the English language, at the time of acquiring
articles in the course of said business, which book shall contain:
Every secondhand or antique dealer within the Borough of Millvale
shall furnish by noon on each Monday, to the Chief of Police, or the
officer in charge on said date and time, the information specified
in the preceding section for the previous business week.
No secondhand or antique dealer shall sell or dispose of in
any way, until 30 days after the purchase of any of the following
secondhand articles or goods: antiques, precious stones, coins, jewelry,
watches, old gold, platinum, silver or other precious metals, or any
similar articles or things. No secondhand dealer or antique dealer
shall sell or dispose of in any way any other secondhand article or
goods until seven days after the purchase of the same.
No secondhand dealer or antique dealer shall purchase any article
from any person under 18 years of age, nor any visibly intoxicated
person, or a person who is known to said dealer to be a thief.
A.
If any second hand dealer or antique dealer is convicted of robbery,
burglary, larceny, receiving stolen property, or any other crime involving
the unlawful obtaining of personal property, said dealer's license
shall be immediately revoked.
B.
Any license issued pursuant to this chapter may be revoked or suspended
by the Borough for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained in the license
application;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the business;
(3)
Violation of any provision of this chapter or rules or regulations
duly made in accordance therewith;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
(5)
Conducting the business or using any vehicle, premises, machine,
or other device in connection therewith, in an unlawful manner or
in such manner as to constitute a breach of peace or a menace to the
health, safety or general welfare of the public;
(6)
Obstruction of or denial of entry for authorized inspections; and
(7)
Violations of any Borough building or zoning laws, or rules or regulations
duly made in accordance therewith.
C.
The Borough shall revoke the license of any licensee whose license
was suspended twice within any one-year period of time, and no new
license or reinstatement or renewal shall be approved or issued for
one year from the revocation date.
A license fee for issuance of a second hand or antique dealer's
license shall be in an amount as set by resolution of the Borough
Council per year, due on or before the first day of February of the
current year.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
