[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.
A.Â
PAWNBROKER
(1)Â
(2)Â
(3)Â
PLEDGE
THIEF
The following terms shall be defined as follows unless the context
clearly dictates otherwise:
Includes any person who:
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]
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
Lends 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 issued in the course of business as a pawnbroker.
Includes any person who, to the knowledge of the subject
merchant:
B.Â
Each and every pawnbroker shall keep a book legibly written in the
English language in which shall be recorded:
(1)Â
A full and accurate description of all articles purchased or
left in pawn.
(2)Â
The date and time of pledging, pawning or purchasing the same.
(3)Â
The date and time within which such pawned or pledged article
is to be redeemed.
(4)Â
The amount of money lent or paid therefor.
(5)Â
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.Â
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.Â
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.Â
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.
A.Â
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:
B.Â
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)Â
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)Â
The date and time of purchasing, salvaging or receiving the
same.
(3)Â
The amount of money paid therefor.
(4)Â
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.Â
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]
D.Â
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.Â
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.
A.Â
"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.Â
Each and every transient merchant shall keep a book legibly written
in the English language in which shall be recorded:
(1)Â
A full and accurate description of all articles received in
any way in the course of business.
(2)Â
The date and time of such transaction.
(3)Â
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.Â
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.Â
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.Â
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.Â
No transient merchant shall accept a pledge from a person under the
age of 18 years nor from anyone intoxicated nor any known thief.
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.
A.Â
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.Â
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.
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.
