[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Southampton 10-1-2013 by Ord. No. 421. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An individual, partnership, association, corporation, or
other business entity, including an itinerant merchant doing business
in Upper Southampton Township, that purchases or makes appraisals
of precious metals and their alloys for resale to refiners, brokers,
or the public.
A valid identification document issued by a state or federal
government, bearing a photograph that gives identifying data, such
as name, date of birth, gender, physical description, and current
address of the person bearing the card.
All personal property, including precious metal as defined
hereafter.
Any person under the age of 18.
An individual, partnership, association, corporation, or
other business entity, including an itinerant merchant, doing business
in Upper Southampton Township that lends money in exchange for personal
property deposited by a pledger or seller.
An article and/or articles deposited with a pawnbroker as
security for a loan or currency in the course of his/her business
as defined in the definition of "pawnbroker."
The person who obtains the 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 "pledger"
means the disclosed principal.
An item containing or being of ten-karat gold or greater
fineness, silver or platinum, including, but not limited to, jewelry
and silver services.
The person who obtains payment from a dealer in return for
any merchandise or goods.
A pawnbroker's license issued by the Commonwealth of
Pennsylvania.
A license issued by the Township of Upper Southampton pursuant
to the terms of this chapter.
A purchase, sale or loan by any dealer.
Weekdays of Monday through Friday, exclusive of holidays.
A.
Pawnbrokers.
(1)
Township license. No person shall act as a pawnbroker unless he or
she has obtained a Township license from Upper Southampton Township
for each location from which that person seeks to act as a pawnbroker
in Upper Southampton Township.
(2)
Registration. No person shall act as a pawnbroker unless he or she
pays an annual registration license fee of $350 for each location
from which the applicant intends to operate in Upper Southampton Township.
The amount of the registration fee may be changed by resolution from
time to time by the Upper Southampton Township Board of Supervisors.
(3)
Pawnbroker's license. A Township license to act as a pawnbroker
shall not be issued by the Upper Southampton Township unless the person
has obtained a state license first from the Commonwealth of Pennsylvania
as required by the Act of April 6, 1937, P.L. 200, 63 P.S. § 281-1
et seq., as amended.
B.
Dealers in precious metals.
(1)
Township license. No person shall act as a dealer in precious metals
unless he or she has obtained a Township license from Upper Southampton
Township for each location from which that person seeks to act as
a dealer in precious metals in Upper Southampton Township.
(2)
Registration. No person shall act as a dealer in precious metals
unless he or she pays an annual registration license fee of $350 for
each location from which the applicant intends to operate in Upper
Southampton Township. The amount of the registration fee may be changed
by resolution from time to time by the Upper Southampton Township
Board of Supervisors.
C.
One fee per location. If a person is a pawnbroker and a dealer in
precious metals, the Township shall impose only one annual registration
fee of $350 for each location.
A.
All pawnbrokers and dealers in precious metals are required to maintain
records of all transactions, including but not limited to pledges,
loans, purchases and sales. Records shall be kept in the English language.
B.
All records of transactions shall include all of the following information,
if such information is available:
(1)
Date of sale.
(2)
Time of sale.
(3)
Location of sale.
(4)
Make.
(5)
Model.
(6)
Serial number.
(7)
Model number.
(8)
Description.
(9)
Color.
(10)
Special markings of the pledge or sale item.
(11)
Currency amount paid to pledger and/or seller.
(12)
Photocopy of the pledger's/seller's government identification.
C.
A color photograph shall be produced for items without proper identifiable
marks and/or numbers. A color photograph shall be produced for all
precious metals received.
D.
A copy of all pledge and/or sale transactions containing this information
shall be retained at the location of business for a period of two
years after the date of transaction, payment, loan, or sale of the
pledge, whichever is later.
A.
All scales or other devices used by pawnbrokers and dealers in precious
metals to weigh precious metals must be of a type approved for commercial
use in the Commonwealth of Pennsylvania and must be inspected and
sealed by the Pennsylvania Bureau of Ride and Measurement Standards'
Weights and Measures Division.
Pawnbrokers and dealers in precious metals shall obtain the
following information from the pledger and/or seller for the purposes
of establishing identification of each pledger and/or seller:
Pawnbrokers and dealers in precious metals may seize any item
offered in a sale or pledge which he/she has reason to believe is
stolen property. Pawnbrokers and dealers in precious metals shall
issue a seizure receipt to the person presenting such property in
pledge and/or sale and shall immediately deliver such seized property
together with a copy of the seizure receipt to the Upper Southampton
Township Police Department.
A.
Responsibility of Township.
(1)
The Upper Southampton Township Police Department shall procure services
from a reputable online entity which operates an electronic database
for law enforcement agencies for the purpose of identifying stolen
merchandise and persons suspected of thefts.
(2)
The entity chosen by the Upper Southampton Police Department to administer
the electronic inventory tracking system shall ensure that all data
remain secure and confidential by providing to each pawnbroker and
dealer in precious metals login security protocols which meet current
industry standards and shall employ state-of-the-art technology to
protect the data from all forms of unauthorized access and malicious
intrusion.
B.
Responsibility of pawnbrokers and dealers in precious metals.
(1)
Electronic inventory tracking system. Each pawnbroker and dealer
in precious metals doing business in the Upper Southampton Township
shall, within 30 days of the adoption of this chapter, maintain an
electronic inventory tracking system which is capable of securely
and confidentially uploading all transactions via computer to the
entity designated by the Upper Southampton Police Department.
(2)
Daily upload. No later than the conclusion of each and every day
the business is open, every pawnbroker and dealer in precious metals
must upload, in the manner specified by the Police Department, the
required tracking information for all transactions during the course
of business on that day.
A.
All items shall be kept in unaltered condition, available for inspection by law enforcement officials in the course of their law enforcement duties, for 10 working days following a transaction by pawnbrokers and dealers in precious metals or a data upload as specified in § 124-7 above.
B.
Law enforcement officials shall not require a search warrant to inspect
the item, unless the inspection is made during hours other than regular
business hours.
C.
During the holding period, any item subject to the holding period
shall be segregated from other inventory to ensure that it is not
placed in an area or section where personal property and/or precious
metals are offered for sale. Where any item is held off the premises,
the pawnbrokers and dealers in precious metals shall make the item
available for inspection within 24 hours after receiving a request
for inspection by law enforcement officials.
D.
Any law enforcement official who has reason to believe any item was
not sold or exchanged by the lawful owner may direct the pawnbrokers
or dealers in precious metals to hold the item for a reasonable length
of time that the law enforcement official considers necessary to identify
it.
All business transactions between pawnbrokers and minors are
prohibited. All business transactions between dealers in precious
metals and minors are prohibited.
A.
Civil enforcement. Any person who violates or permits a violation
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this chapter. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
B.
Revocation of license. If the Commonwealth of Pennsylvania suspends or revokes the state license referred to in § 124-2A(3), then the Township license shall automatically be suspended or revoked, whichever the case may be, until such time as the Commonwealth of Pennsylvania withdraws the suspension or revocation.