[HISTORY: Adopted by the Board of Supervisors of the Township
of Blair 10-11-2007 by Ord. No.
2007-07. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the persons and property
within the Township by preventing fraud, impositions and other abuses
upon its citizens and to protect and preserve the investments in properties
of its citizens and to make it difficult to dispose of stolen items
or aid in the recovery thereof.
B.
Licensing procedure. Any pawnbroker, junk dealer or secondhand dealer,
prior to engaging in said business within the Township of Blair, shall
complete an application form provided by the Township, the same of
which shall be reviewed by the Township and the Blair Township Police
Department, and upon the payment of $100 and approval at a public
meeting, shall be licensed to do business in the calendar year in
question. Every January a new application will have to be completed
and the same approved at a public meeting and the annual fee of $100
will have to be paid. No individual with a felony record or any record
relating to theft and/or receiving stolen property shall be licensed
as a pawnbroker, junk dealer or secondhand dealer. Every individual
applying for a license as a pawnbroker, junk dealer or secondhand
dealer shall submit to fingerprinting identification, a criminal record
check and shall submit a photo. The Township shall issue annually
a license which the owner shall visibly display at his or her place
of business.
A.
PAWNBROKER
(1)
(2)
(3)
PLEDGE
Definitions.
Includes any person who:
Engages in the business of accepting money on the deposit or
pledge of personal property other than choses in action, securities,
or written evidence of indebtedness; or
Purchases personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Accepts money for goods, wares or merchandise pledged, stored
or deposited as collateral security.
An article or articles deposited with a pawnbroker as security
for a loan in the course of business as defined above (see "pawnbroker").
B.
Records
to be kept. Each and every pawnbroker shall keep a book legibly written
in the English language in which shall be recorded:
(1)
A full
and accurate description of all articles purchased or left in pawn.
(2)
The
date and time of pledging, pawning or purchasing the same.
(3)
The
date and time within which such pawned or pledged article is to be
redeemed.
(4)
The
amount of money lent or paid therefor.
(5)
The
description of person or persons making a pledge, including such person's
name, address, date of birth, social security number, sex, race and
motor vehicle operator's license number and photo.
C.
Report
to police. All pawnbrokers shall, weekly before 12:00 noon of each
Monday, provide a written report to the Blair Township Police Department
containing a complete description of all articles received in the
course of the pawnbrokering business during the previous business
week, together with the number of ticket(s) and a description of the
person(s) making such transaction, including such person's name,
address, date of birth, social security number, race, sex and motor
vehicle operator's license number and photo. Forms for this purpose
are to be provided by the Blair Township Police Department. Said reports
may be made electronically via fax or e-mail. These business records
shall be retained by the business owner for one year.
D.
Forbidden
transactions. A pawnbroker shall not accept a pledge from a person
under the age of 18 years, nor from any intoxicated person or anyone
under the influence of drugs, nor from any person with a felony criminal
record or a criminal record relating to theft and/or receiving stolen
property.
E.
Retention of pledged articles. No pawnbroker shall sell or dispose of in any way to any person any article received in the course of business until seven days have elapsed from the time of furnishing to the police a form containing the information on such articles as required by Subsection C above.
A.
JUNK DEALER
Definitions.
Includes any person who shall carry on the business of buying
or selling and dealing in junk, scrap iron, brass, lead, copper, aluminum
and other metals or alloys, or other materials commonly referred to
as "junk."
B.
Records
to be kept. Every junk dealer shall keep a book legibly written in
English at the time of acquiring any article in the course of business,
which book shall contain:
(1)
A full
and accurate description of all articles purchased.
(2)
The
date and time of the purchase of the same.
(3)
The
amount of money paid therefor.
(4)
The
description of the person or persons selling such articles, including
that person's name, address, date of birth, social security number,
race, sex and motor vehicle operator's license number and photo.
C.
Report
to the police. All junk dealers shall, weekly before 12:00 noon of
each Monday, provide a written report to the Blair Township Police
Department containing a complete description of all articles received
in the course of the junk dealing business during the previous business
week, together with the description of the person(s) making such transaction,
including such person's name, address, date of birth, social
security number, race, sex and motor vehicle operator's license
number and photo. Forms for this purpose are to be provided by the
Blair Township Police Department. Said reports may be made electronically
via fax or e-mail. These business records shall be retained by the
business owner for one year.
D.
Forbidden
transactions. A junk dealer shall not accept a pledge from a person
under the age of 18 years, nor from any intoxicated person or anyone
under the influence of drugs, nor from any person with a felony criminal
record or a criminal record relating to theft and/or receiving stolen
property.
E.
Retention of purchased articles. All junk dealers shall keep and retain on their premises all articles purchased in the course of their business in the original form, shape, and condition in which they received such goods until seven days have elapsed from the time of furnishing to the police the form containing the information required in Subsection C.
A.
ANTIQUE OR SECONDHAND DEALER
Definitions.
Any person who either wholly or in part engages in or operates
the trade or business of buying and/or selling used goods, such as
antiques, precious stones, stained glass, metals, jewelry, any tools,
any electrical devices, fixtures, appliances, household goods, firearms
and bric-a-brac. The foregoing enumeration of articles, goods, and
property shall not be deemed to be exclusive or all inclusive, and
includes all articles and goods that are purchased, salvaged or received
from any person, association, copartnership, or corporation. This
section shall not be deemed to include:
B.
Record
to be kept. Each and every antique and secondhand dealer shall keep
a book legibly written in the English language at the time of acquiring
articles in the course of business, which shall include:
(1)
A full
and accurate description of all articles purchased, salvaged or received,
including brand names, model number, serial number, inscribed initials,
dates or names and any other forms of identification.
(2)
The
date and time of purchasing, salvaging, or receiving same.
(3)
The
amount of money paid therefor.
(4)
The
description of the person from whom the article was purchased, salvaged
or received, including that person's name, address, date of birth,
social security number, sex, race and motor vehicle operator's
license number and photo.
C.
Report
to police. All antique and secondhand dealers shall, weekly before
12:00 noon of each Monday, provide a written report to the Blair Township
Police Department containing a complete description of all articles
received in the course of the respective business during the previous
business week, together with the name of the person, age, date of
birth, social security number, sex, race and motor vehicle operator's
license number and photo. Forms for this purpose are to be provided
by the Blair Township Police Department. Said reports may be made
electronically via fax or e-mail. These business records shall be
retained by the business owner for one year.
D.
Forbidden
transactions. An antique or secondhand dealer shall not accept a pledge
from a person under the age of 18 years, nor from any intoxicated
person or anyone under the influence of drugs, nor from any person
with a felony criminal record or a criminal record relating to theft
and/or receiving stolen property.
E.
Retention of purchased articles. All antique or secondhand dealers shall retain on their premises in the original form, shape, and condition in which they were received and shall not sell or dispose of in any way any goods received in the course of business until seven days have elapsed from the time of furnishing to the police a form containing the information on such articles as required by Subsection C.
It shall be an affirmative defense to any prosecution or administrative
proceeding brought for the violation of any section of this chapter
pertaining to the retention of articles obtained in the course of
business operations, that, in the case of precious metals, retention
for the time period required would have resulted in serious and substantial
economic losses to the dealer, or the probability of such losses was
significant due to rapid and highly fluctuating market conditions,
provided the persons so charged shall prove the existence of the market
conditions giving rise to the aforesaid defense by a preponderance
of the evidence. Market conditions, in order to be a defense hereunder,
must be such that financial analysts would characterize trading as
at or approaching a level or occurrence in an atmosphere of panic
so as to clearly distinguish trading conditions from normal variations
in market movement in response to economic news or other events.
A.
Any police officer, upon showing a badge and proper identification,
shall be given any information from all of the above classes of businesses
that is legitimately required in the execution of his duties. This
shall include, but not be limited to, names of employees and any and
all records concerning transactions over the past 24 months.
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 Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys’ 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 Magisterial District Judge.
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.
This chapter shall not apply to farmers selling farm produce,
the sale of goods for school activities, or the sale of goods for
legitimate fund-raisers.
