[Ord. 1161, 6/3/2009]
This Part 9 is enacted for the following purposes: to promote
the safety, morals and general welfare of the inhabitants of the Borough
of Quakertown in their person and property by holding pawnbrokers
accountable for the proper reporting procedures deemed necessary by
the Police Department to assist in recovering the stolen property
of its inhabitants.
[Ord. 1161, 6/3/2009]
In interpreting and applying the provisions of this Part 9,
minimum requirements for the promotion of the public safety, comfort,
convenience, and general welfare shall be followed. Where the provisions
of this Part 9 impose greater restrictions than those of any statute,
other ordinance or regulation, the provisions of this Part 9 shall
be controlling. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this Part 9, the provisions
of such statute, other ordinance or regulation shall be controlling.
[Ord. 1161, 6/3/2009]
This Part 9 shall be known and may be cited as the "Borough
of Quakertown Pawnbroker Ordinance."
[Ord. 1161, 6/3/2009]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part 9 to have the meanings herein
indicated. The singular shall include the plural, and the plural shall
include the singular.
Any individual, partnership, association, business corporation,
nonprofit corporation, common-law trust, joint-stock company, or any
group of individuals, however organized, applying for a license under
this Part 9 and/or any person appearing as owner, partner, officer,
director, trustee, or other official of a partnership, association,
business corporation, nonprofit corporation, common-law trust, joint-stock
company, or any group of individuals, however organized, on such application
for license under this Part 9.
Includes any person, who:
Engages in the business of lending money on the deposit or pledge
of personal property, securities, or written evidences of indebtedness;
Purchases personal property with an expressed or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lends money upon goods, wares or merchandise pledged, stored,
or deposited as collateral security.
The business of a pawnbroker as defined in this Part 9.
The card, book, receipt, or other record furnished to the
pledge at the time a loan is granted, containing the terms of the
contract for a loan.
Includes an individual, partnership, association, business
corporation, nonprofit corporation, common-law trust, joint-stock
company, or any group of individuals, however organized.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his/her business as defined under "pawnbroker."
The person who obtains the loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he/she is or was acting for another, in which case a pledger
means the disclosed principal.
[Ord. 1161, 6/3/2009]
1.
License. Pawnbrokers shall not be authorized to engage in business
in the Borough of Quakertown until obtaining a pawnbroker's license
certificate.
2.
License Certificate. The license certificates are issued by the Borough's
Code Enforcement Office. The license certificate fee is as set by
resolution. The license year begins October 1 annually. All licenses
expire October 1 following the date of issuance, regardless of the
date of issuance. The license certificate shall be posted in a conspicuous
place in the office of the licensee so that it will be in full view
of the public at all times. If a pawnbroker operates more than one
place of business, additional licenses may be obtained by filing a
separate application for each additional place of business. Such license
may not be transferred or assigned. Said application fee shall not
be charged for those businesses legally operating on the effective
date of enactment of this Part 9.
3.
Renewal of License. All licenses expire on October 1 next following
the date of issuance and must be renewed by the applicant on or before
the date of expiration at the Borough's Code Enforcement Office
for a fee as set by resolution and indicated on the Borough's
Fee Schedule. Said renewal fee shall not be charged for those businesses
legally operating on the effective date of enactment of this Part
9.
[Ord. 1161, 6/3/2009]
1.
Records Required. Each and every owner or operator of a pawnshop
or pawnbroker doing business in the Borough of Quakertown shall, within
six months of adoption of this Part 9, maintain an electronic inventory
tracking system which is capable of delivery and transmission of all
statutory-required information via computer to the entity designated
by the Quakertown Police Department. These records are required to
be kept in the English language. These records are to be retained
for a period of two years after the date of the payment of any loan;
or when the loan is not paid, the records of a pawnbroker shall be
retained for a period of two years after the date of the sale of the
pledge. These records will include but not be limited to the make,
model, serial number and description, color, and special markings
of the pledge as well as the identity of the pledger. A copy of all
pawn tickets containing this information will be remitted to the Borough
of Quakertown Police Department within five working days of the transaction,
and the pledge will be kept in unaltered condition for 10 full working
days after report of its purchase has been filed with the Police Department.
2.
The owner or operator of a pawnshop or pawnbroker will be required
to upload the information to the entity designated by the Quakertown
Borough Police Department within two business days of the receipt
of the goods purchased (pawned).
3.
Inspection. The pledge will be available for inspection, during the
10 working days following its report, by law enforcement officials
in the course of their law enforcement duties. A search warrant shall
not be required unless the inspection is made during hours other than
those when the pawnbroker is open for business.
4.
Identification of Pledger. The pawnbroker shall obtain the following
information from the pledger for the purposes of establishing the
identification of each pledger:
A.
The verified name, date of birth and address of the pledger, requiring
proof of identity from the pledger sufficient to ensure the accuracy
of the represented information;
B.
An accurate physical description of the pledger, including race,
gender, eye and hair color and identifying marks, if any;
C.
A thumbprint of the pledger; and
D.
A photograph of the pledger.
5.
Business with Minors. A pawnbroker shall not accept a pledge from
any person under the age of 18 years.
[Ord. 1161, 6/3/2009]
Any person who shall violate, fail, neglect, or refuse to comply
with any provision of this Part 9 shall, upon conviction, be subject
to a thirty-day suspension of his/her operating license and/or shall
be sentenced to pay a fine not exceeding $600 and costs and, in default
of payment thereof, shall be subject to imprisonment for a term not
exceeding 30 days. Each day that a violation of this Part 9 continues
shall be considered a separate offense. If the operating license is
suspended for a period of 30 days, the Borough shall provide written
notice of the suspension to the Secretary of Banking for the Commonwealth
of Pennsylvania. The Secretary of Banking shall then conduct a hearing
to ascertain if the pawnbroker's license shall be revoked.
