[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 12-13-2010 by Ord. No.
630, approved 12-13-2010. Amendments
noted where applicable.]
A.
DEALER
SECONDHAND GOODS
As used in this article, the following terms shall have the meanings
indicated:
Any person, firm, partnership or corporation that takes part
in retail buying, selling, buy-back, exchanging, dealing in or dealing
with secondhand goods purchased by the secondhand dealer or any person
so employed. This includes accepting or receiving goods as returns
of merchandise or in exchange for credits on any other articles or
merchandise.
Goods which have been previously owned, worn or used by another;
not new.
B.
No person shall carry on the business of dealer within the Borough
without first obtaining a dealer's license from the Borough Secretary.
A dealer's license shall continue in force to December
31 of the year in which the license is issued.
Each person applying for a dealer's license shall pay to
the Borough Secretary a license fee as set from time to time by resolution
of the Borough Council, for which the Borough Secretary shall give
the applicant an official receipt and issue a license to carry on
the trade or business of a dealer within the Borough of Eddystone.
No person licensed as a dealer in the Borough shall, by virtue
of one license, keep more than one place of business for receiving
or taking goods.
Any licensed dealer who violates any provision of this article,
in addition to the fine prescribed by this article, shall have his
license revoked at the discretion of the Borough Manager.
No dealer shall at any time take goods at any other place than
the place for which his license was granted.
Every person conducting the business of a dealer shall keep
a book in which shall be recorded at the time of purchase an accurate
account and description of the goods, articles or things purchased,
the amount of money paid therefor and the time of purchasing the same,
together with the description of the person selling such goods, articles
or things, including color of complexion, color of eyes and hair and
stature and general appearance.
The book required by § 240-8 above shall be subject to the inspection and approval of police officers periodically.
Every dealer shall return to the office of the Chief of Police, every day before 12:00 noon, a sheet to be furnished by the Chief showing all business transaction on the previous day and giving the information required by § 240-8.
No dealer shall sell any article until the same has been in
his possession at least 15 days.
No dealer or his clerk or employee shall purchase any article
from any person under 21 years of age, anyone intoxicated, anyone
under the influence and/or impaired of drugs, any habitual drunkard
or any person known to be a thief, an associate of thieves or receiver
of stolen property or any person he has reason to suspect to be such.
Dealers must require that valid picture identification be presented
to the dealer prior to the transaction of any business.
No person licensed as a dealer shall keep his office or place
of business open for the purpose of doing the business of a dealer
on Monday, Tuesday, Wednesday or Thursday before 7:30 a.m. and after
6:00 p.m., except on Friday when his office may be kept open until
9:00 p.m. and on Saturday when it may be kept open until 10:00 p.m.
Any person who violates any provision of this article shall
be fined nor more than $1,000, and costs of prosecution, and in default
of payment thereof shall be imprisoned for not more than 30 days.
As used in this article, the following terms shall have the
meanings indicated:
The head of the Police Department of the Borough of Eddystone,
regardless of whether said position is entitled "Captain," "Chief,"
"Superintendent" or other similar title.
Any person, firm or corporation engaged in the business of:
Lending money on the deposit or pledge of personal property,
other than choses in action, securities or written proof of indebtedness;
or
Purchasing personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lending money upon goods, wares, or merchandise pledged, stored,
or deposited as collateral security.
The card, book, receipt or other record furnished to the
pledgor at the time a loan is granted containing the terms of the
contract for a loan.
An article, or articles, deposited with a pawnbroker as security
for a loan in the course of his business as defined in the definition
of "pawnbroker."
The person who obtains a loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he is or was acting for another, in which case a pledgor means
the disclosed principal.
It shall be unlawful for any person to conduct or transact a
pawnbroker business or pawnshop in the Borough of Eddystone without
first having procured a license therefor as hereinafter provided.
All such licenses must be renewed annually.
A.
The application for a pawnbroker's license shall state:
(1)
The name of the person, and in case of a firm or corporation, the
names of all the partners in such firm, or of the directors, officers,
and stockholders of such corporation.
(2)
The address of the residence of the applicant, or in the case of
a firm or corporation, the address of said firm or corporation.
(3)
The address where the business is to be conducted.
(4)
The types of goods the pawnbroker is willing to accept as pledges.
(5)
At least three persons of good character that may be used as character
references for the applicant.
(6)
The name of one person, not living at the same address as the applicant,
who will always know where the applicant is living if the applicant
should ever move.
(7)
Information as to whether the applicant, or, in the case of a firm
or corporation, any of the partners, directors, officers or stockholders,
have ever been convicted of a felony.
B.
All initial applications for a pawnbroker's license shall be
accompanied by the application fee as set from time to time by resolution
of the Borough Council. Renewal applications shall be accompanied
by a fee as set from time to time by resolution of the Borough Council.
A.
No such license shall be issued to any person, corporation, partnership
or association, other than the real and actual proprietor of the business,
and place of business for which it is issued. All applications for
pawnbroker's licenses or renewals thereof shall be presented
to the Borough Council at a regular meeting thereof. No application
shall be acted upon until a recommendation for or against the application
is received from the Chief of Police, provided that the Borough Council
shall not be bound by the Chief's recommendation.
B.
In addition, no pawnbroker's license shall be issued without
adequate proof that a pawnbroker's license has been issued by
the Commonwealth of Pennsylvania to the individual, corporation, or
other association listed in the application at the address specified
in the application.
The applicant shall file, upon approval of the application,
a bond running to the Borough, conditioned for the faithful observance
of all provisions of this article respecting pawnbrokers, during the
continuance of such license, and any renewal thereof, for not more
than one year. This bond shall be in the sum of $1,000, with a corporate
surety, or two or more individual sureties. In the case of individual
sureties, such bond shall have attached a verification to the effect
that the sureties are residents within Delaware County and each is
worth the amount specified in such bond, over and above all just debts
and liabilities, and exclusive of property exempt from execution.
All licenses issued for the operation of a pawnshop under this
article shall contain the name of the person to whom it is issued,
the address of the place of business and the valid dates of the license.
It shall be unlawful for any person to conduct or transact a pawnbroker
business in the Borough unless he shall keep posted in a conspicuous
place in the place of business the license certificate therefor and
a copy of all ordinances relating to pawnbrokers.
If a pawnbroker shall not conduct said business for a period
of 90 days, the license shall be null and void. Pawnbroker's
licenses shall not be transferable to any other person except by a
majority vote of the Borough Council, and the filing of an application
and a new bond by the person to whom such license is or may be transferred
or assigned. It shall be unlawful for any person to do business or
attempt to do business under a license transferred to him without
such approval of the Borough Council.
A pawnbroker shall not charge, contract for, or receive interest
or charges in excess of the maximum amount specified under Pennsylvania
law. A pawnbroker shall, at the time of payment, furnish to the pledgor
a receipt showing the number of the pawn ticket on which the payment
is made, the date of payment, the amount paid on principal of the
loan, the amount paid for interest, and fees for storage, insurance,
investigation and other services contemplated by this section, and
the amount, if any, paid to the pawnbroker for cleaning, pressing,
repairing or other similar services to the pledged personal property,
which have been requested by the pledgor. A duplicate copy of every
receipt issued shall be retained by the pawnbroker for his records.
A.
At the time of granting a loan, and upon the subsequent renewal of
any loan, the pawnbroker shall furnish to the pledgor a pawn ticket
which is serially numbered and shall contain the following information:
(1)
Name and address of the pawnbroker.
(2)
Name and address of the pledgor.
(3)
Name and address of the secured principal, if any.
(4)
The date of the loan.
(5)
The amount actually loaned.
(6)
The serial number of the loan.
(7)
Description of the pledge.
(8)
Due date of the loan.
(9)
The total amount of principal, interest and charges required to redeem
the pledge on the due date.
(10)
A statement setting forth that the pledge may be sold after
90 days of the due date if the loan is not redeemed. A duplicate copy
of the pawn ticket shall be retained by the pawnbroker for his records.
The pawnbroker shall require the pledgor to surrender the original
pawn ticket when the pledge is released, or the loan is renewed.
B.
A separate pawn ticket shall be furnished for each and every item
pledged.
Every pawnbroker shall keep a book in which shall be entered
and legibly written in ink, at the time of each loan or receipt of
personal property, an accurate account and description of the goods,
articles or things pawned or received, the amount of money loaned
or advanced thereon, the number of the pawn ticket given to the pledgor,
the time when redeemable, the time, both day and hour, of pawning
or receiving such goods, articles or things, and the name, residence,
age, sex, color and description as near as possible of the person
pawning or delivering the goods, articles or things. No entry made
in such book shall be erased, obliterated or defaced. The book, as
well as every article or thing pawned, pledged or deposited, shall
at all reasonable times be open to inspection by the Chief of Police
or any officer directed by the Chief.
At the time of granting an original loan, the pawnbroker shall
enter upon his records a description of the pledgor so as to identify
the pledgor, including the pledgor's name, address, motor vehicle
operator number, and social security number, or if the pledgor does
not have this information, any other proof of identity required by
the Commonwealth of Pennsylvania. The pawnbroker shall retain for
his records a photocopy of the pledgor's social security card
and motor vehicle operator's number, if the pledgor has such
information. The pledgor may, by delivery of the pawn ticket, assign
all of his right, title and interest in a pawn ticket and the pledge
described therein, except as otherwise provided under the laws of
Pennsylvania. The person presenting a pawn ticket to the pawnbroker
shall be presumed to be the pledgor and shall be entitled to redeem
the pledge, and the pawnbroker shall deliver the pledge to the person
presenting such pawn ticket upon payment of principal, interest, and
charges on the loan, and upon surrender of the pawn ticket.
Notice of a pawn ticket which has been lost, destroyed or stolen
shall be furnished to the pawnbroker by the pledgor in person, or
by registered mail. The receipt of notice by registered mail of a
lost, destroyed or stolen ticket, or the issuance of a stop ticket
by the pawnbroker after personal notice by the pledgor of a lost,
destroyed, or stolen ticket, shall be treated by the pawnbroker as
a stop against the loan. The pawnbroker shall require the alleged
pledgor to furnish an affidavit or written statement as to the loss,
destruction, or theft of the pawn ticket. The pawnbroker, upon receipt
of such affidavit or written statement, shall permit the pledgor to
redeem the loan or shall furnish the pledgor with a duplicate pawn
ticket, and the pawnbroker shall not be liable for any pledge released
on such affidavit or written statement unless previous written notice
by registered mail of an adverse claim was received by the pawnbroker
or a stop ticket was issued by the pawnbroker.
A.
Every pawnbroker or pawnshop keeper in the Borough must, before the last business day of every month, make and deliver to the Chief of Police, at the police station, a full, true and detailed copy of all pawn tickets legibly written, setting forth an exact description of each article or thing pawned or received by such pawnbroker or pawnshop keeper during the period since the last such report. Said report shall be a full, detailed and correct copy of all entries in the book required to be kept in §§ 240-24 through 240-27. If no article or thing has been pawned or received, a report must be made to that effect.
B.
The Chief of Police, or any person designated by him, may at any
time inspect the premises, and examine the books, records and files
therein of every pawnbroker, whether licensed, or unlicensed, but
advertising or soliciting business as a pawnbroker as defined in this
article.
A.
It shall be unlawful for any pawnbroker, pawnshop keeper, his servant
or employee to receive any goods, articles or things in pawn or pledge
from a person who is intoxicated, under the influence of drugs, incapacitated,
or a person under the age of 18 years.
B.
No licensed pawnbroker shall buy, sell, or take for pledge, pawn
or security any brass knuckles.
C.
It shall also be unlawful for any pawnbroker to employ any clerk
or person under the age of 18 years to receive any pledge or make
any loan.
The holder of a pawnbroker's license shall be responsible
for any and all acts of his employees, and for any violation by them
of the provisions of this article.
Every pawnbroker licensed under the provisions hereof shall
provide a safe place for the keeping of the pledges received by him
and shall have sufficient insurance on the property held on pledges,
for the benefit of the pledgors, in case of destruction by fire or
loss by theft.
The Borough Council may revoke any pawnbroker's license
for two or more violations of the provisions of this article. Any
licensee shall have the opportunity for a hearing before such revocation.
Such revocation shall be for a period of 30 days pending a hearing
by the Secretary of Banking.
No pawnbroker shall engage in the business of buying and selling
or trading secondhand merchandise without obtaining a secondhand dealer's
license in addition to a pawnbroker's license.
No pawnbroker's license shall be issued in any location
in which such business is not permitted by Zoning Code of the Borough
of Eddystone.
Any person, firm corporation violating any provision of this
article shall, upon conviction before a District Justice, be fined
not more than $1,000 for each offense, plus costs of prosecution,
and in default of payment thereof shall be imprisoned for not more
than 30 days; and a separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
