[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 12-4-2012 by Ord. No. 659. Amendments noted where applicable.]
A.
No person
shall use, exercise or carry on the business, trade or occupation
of buying or selling scrap gold, old gold, silver jewelry; home electronics/audio
and visual equipment, including musical instruments, telephones and
telephonic equipment, cell phones, scales, computers, computer hardware
and software, typewriters, word processors, scanners, sporting goods
of all kinds, antiques, silver, platinum, and all other precious metals,
tools of all kinds, televisions, VCRs/DVRs, camcorders, digital recorders,
car stereos, firearms or other valuable articles, hereinafter referred
to as "secondhand goods or articles" or, being a secondhand dealer
within the Borough of Tamaqua without having first obtained a license
from the Tamaqua Borough Code Enforcement Officer as hereinafter provided.
A "secondhand dealer" is defined as a person, association, corporation
or partnership, or other entity, who, wholly or in part, engages in
or operates the trade or business of buying or acquiring any goods
or articles as mentioned above, or other valuable goods or articles,
except from a regularly established wholesale or retail dealer.
B.
Notwithstanding
the foregoing, any business required by state law under the Pennsylvania
Code, Chapter 501, Purchase and Sale of Precious Metals (37 Pa. Code
§ 501.1, Part VII) will still be required to obtain a permit
through the Schuylkill County Sheriff's Department; and any business
required by state law under 63 P.S. § 281-1 et seq. will still
be required to obtain a license from the Secretary of Banking and
conform to other requirements under that Act in addition to the requirements
in this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Borough of Tamaqua shall, from time to time, give and grant
licenses to all proper persons, except persons convicted of receiving
stolen goods, theft or burglary, who may apply for the same to use,
exercise, and carry on the trade or business or occupation of buying
secondhand goods or articles, or being a secondhand dealer and/or
pawnbroker, which said license shall state where said business is
to be carried on and shall continue in force for one year (unless
sooner suspended or revoked) and no longer. Each person applying for
such license, if his/her application be approved, in writing, by the
Tamaqua Borough Code Enforcement Officer, shall pay to said official
an annual fee as set from time to time by resolution of the Borough
Council, and receive from the said official a license to carry out
the said business. The license so granted shall only be valid for
one place of business.
No person licensed as a secondhand dealer and/or pawnbroker
in the Borough shall, by virtue of one license, keep more than one
place of business for receiving or taking goods in pawn; nor shall
he, at any time, take goods at any other place than the place for
which the license was issued.
The provisions of this chapter shall not apply to nonprofit
organizations receiving and selling secondhand items.
All licensees shall conduct their business in conformity with
the following procedures:
A.
Each and every person licensed shall carry said license on their
person/business for inspection by any law enforcement officer or other
Borough Code Enforcement Officer. The licensee shall also keep a log
in which shall be legibly written in the English language the name
of the person, his/her address, date of birth, a valid driver's license,
valid state identification card, valid passport or a valid military
identification. The licensee shall have a description of the article
purchased (which will include any serial numbers and/or service tag
number), the date and time purchased, the amount of money paid therefor
and the signature of the seller. The log shall be available for review
by any Borough law enforcement officer and/or Borough Code Enforcement
Officer.
B.
All goods purchased by licensees under this chapter must be retained
in the possession of the licensee for 30 days.
C.
No licensee shall purchase such secondhand goods or articles or other
article of value from any person under 18 years of age, or from any
intoxicated person or any person known to be a thief or associate
of thieves, or receiver of stolen property, or any person whom the
licensee has reason to suspect or believes to be such.
D.
The Chief of Police and/or Code Enforcement Officer are hereby authorized
to make any other rules and regulations necessary, in their opinion,
for the proper conduct of the person or business licensed and shall
submit such rules to the Council of the Borough of Tamaqua for review
and approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding 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 Schuylkill County correctional facility for a period
not exceeding 30 days. Each day that such violation exists shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this chapter
in equity in the Court of Common Pleas of Schuylkill County.
This chapter shall become effective on December 4, 2012.
