City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 9-1981. Amendments noted where applicable.]
CROSS-REFERENCES
Power to regulate transient merchants: see 3rd Class Code § 2620 (53 P.S. § 37620).
Simulating antiques: see Crimes Code, 18 Pa.C.S.A. § 4102.
State Pawnbroker Act preemption: see 63 P.S. § 281-30.

§ 3-359.1 Pawnbrokers.

A. 
The following terms shall be defined as follows unless the context clearly dictates otherwise:
PAWNBROKER
Includes any person who:
(1) 
Engages in the business of lending money on the deposit or pledge of personal property other than choses in action, securities or written evidence of indebtedness;[1]
(2) 
Purchases personal property with an express or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; and/or
(3) 
Lends money for goods, wares or merchandise pledged, stored or deposited as collateral security.
PLEDGE
An article or articles deposited with a pawnbroker as security for a loan issued in the course of business as a pawnbroker.
THIEF
Includes any person who, to the knowledge of the subject merchant:
(1) 
Has been convicted of a crime or offense involving moral turpitude.
(2) 
In the instant transaction has stolen or has knowingly received stolen items to be pledged.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
B. 
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 the person or persons making a pledge, including such person's name, address, date of birth, sex, race, and vehicle operator's number.
C. 
All pawnbrokers shall, daily before 12:00 p.m. of the following day of business, provide a written report to the Bureau of Police containing a complete description of all articles received in the course of pawnbroking business during the previous business day, together with the number of ticket(s) and a description of the person(s) making each such sale, including such person's name, address, date of birth, race, sex, and vehicle operator's number. Forms for this purpose are to be provided by the Bureau of Police.
D. 
A pawnbroker shall not accept a pledge from a person under the age of 18 years nor from any intoxicated person or any known thief.
E. 
No pawnbroker shall sell or dispose of in any way to any person any article received in the course of business except as provided by state law, nor until seven days have elapsed from the time of furnishing to the police a form containing the information on such articles as required by this section.

§ 3-359.2 Antique or secondhand dealers.

A. 
Definition. "Antique or secondhand dealer" as used in this chapter means 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, tools, 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, partnership or corporation. This definition shall not be deemed to include:
(1) 
Judicial sales or sales by executors or administrators.
(2) 
Sales of unredeemed pledges by or in behalf of licensed pawnbrokers in the manner prescribed by law.
(3) 
Occasional or auction sales of household goods sold from private homes.
(4) 
Auctions of real estate.
B. 
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 in which shall be recorded:
(1) 
A full and accurate description of all articles purchased, salvaged or received, including brand name, 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 the 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, sex, race, and motor vehicle operator's number.
C. 
All antique and secondhand dealers shall, daily before 12:00 p.m. of the following day of business, provide a written report to the Bureau of Police containing a complete description of all articles received in the course of business during the previous business day, together with the name of the person, address, date of birth, sex, race, and motor vehicle operator's number. Forms for such purpose are to be provided by the Bureau of Police.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
D. 
All antique and secondhand dealers shall not accept a pledge from a person under the age of 18 years nor from anyone intoxicated nor from any known thief.
E. 
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 this section.

§ 3-359.3 Transient merchants.

A. 
"Transient merchant" as used in this chapter means any person who occupies a room, apartment, store, shop, building, private lot, or other fixed location for the purpose of purchasing and/or selling goods, wares or merchandise of any description with the intention of not remaining in said location more than 100 days.
B. 
Each and every transient merchant shall keep a book legibly written in the English language in which shall be recorded:
(1) 
A full and accurate description of all articles received in any way in the course of business.
(2) 
The date and time of such transaction.
(3) 
The description of the person(s) with whom such a transaction was completed, including that person's name, address, date of birth, sex, race, and motor vehicle operator's number.
C. 
All transient merchants shall, within two hours of the close of their business day, provide a written report to the Bureau of Police containing a full and accurate description of all articles received in the course of business during that immediate business day, the amount of money paid therefor and a description of the person(s) from whom such goods were in any way received, including each person's name, address, date of birth, sex, race, and operator's number. Forms for this purpose are to be provided by the Bureau of Police.
D. 
Notification must be provided to the Bureau of Police at least 48 hours in advance of the termination of business operations at that location. Such notification shall include an address at which the transient merchant may be reached for the 10 days immediately following the termination.
E. 
All transient merchants shall retain at their immediate local place of business any goods received in the original shape, form and condition in which they were received and shall not sell or dispose of such goods in any way 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 hereof.
F. 
No transient merchant shall accept a pledge from a person under the age of 18 years nor from anyone intoxicated nor any known thief.

§ 3-359.4 Affirmative defense.

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 that the probability of such losses was significant due to rapid and highly fluctuating market conditions, provided that 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 clearly distinguish trading conditions from normal variations in market movement in response to economic news or other events.

§ 3-359.5 Information to be supplied to law enforcement officials.

A. 
Any police officer, upon showing a badge and proper identification, shall be given any information, from all of the classes of businesses covered by this chapter, that is legitimately required in the execution of police duties. This shall include but not be limited to names of employees and any and all records concerning transactions over the past 24 months.
B. 
Failure to provide the requested information shall result in any and all licenses being revoked by the City for operation of such business in addition to any other penalties which may be imposed.

§ 3-359.99 Penalty. [1]

All federal, state, municipal, criminal and civil laws hereby are applicable, and in no way should it be construed that Chapter 3-399, Penalty, shall in any way negate any such laws, but rather is in addition thereto. Any person who violates the provisions of this chapter shall be subject to Chapter 3-399, Penalty, of these Codified Ordinances.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).