City of Pottsville, PA Article III Pawnbrokers and Secondhand Dealers

[Adopted 4-8-2002 by Ord. No. 662]

§ 164-25 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANTIQUE DEALER or SECONDHAND DEALER

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, coins, compact discs, videotapes and games, any tools, any electrical devices, fixtures, appliances, household goods, firearms and brick-a-brack. 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, traded or received from any person, association, copartnership or corporation.

A. This definition shall not include:

(1) Judicial sales or sales by executors or administrators.

(2) Sales of unredeemed pledges.

(3) Occasional or auction of sales of household goods sold from private homes.

(4) Auctions of real estate.

(5) Auctions conducted by licensed auctioneers.

MINOR

Any person under the age of 18 years.

[Added 4-11-2011 by Ord. No. 798]

PAWNBROKER

Anyone engaged in the business of accepting money on deposit or a pledge of personal property; or purchases personal property with an express or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.

A. "Pledge" means any property deposited with a pawnbroker as security for a loan in the course of business as defined above.

SCRAP DEALER

Includes anyone in the business of buying or selling wood, iron, brass, lead, copper, aluminum or other metals or alloys, or other materials commonly referred to as "scrap."

§ 164-26 Required recording of all property bought and sold.

A. All antique dealers, secondhand dealers, pawnbrokers and scrap dealers shall keep a written record legibly written in the English language documenting the following information:

(1) Full and accurate description of all articles purchased, salvaged, received, pawned or traded, including brand names, serial numbers, model numbers, inscribed initials or other identifying marks.

(2) Date and time of purchasing, receiving, salvaging or pawning of property.

(3) Amount of money paid for articles.

(4) Identification information from whom an article was purchased, received, pawned or salvaged must be recorded providing the following information: name, address, telephone number, social security number, operators license number, date of birth and race.

B. It shall be unlawful for all antique dealers, secondhand dealers, pawnbrokers and scrap dealers to trade, buy, purchase, or sell any article of property from a minor unless said minor is accompanied by a parent or legal guardian. It shall be the responsibility of the antique dealers, secondhand dealers, pawnbrokers and scrap dealers to obtain proper identification from a type of positive identification such as a photograph driver's license, state identification card, etc., of all customers, including, but not limited to the minor, parent, legal guardian, and all customers of said business.

[Amended 4-11-2011 by Ord. No. 798]

C. The written record containing the required information must be kept at the business location where the article was purchased, pawned, traded or received. Such documentation shall be kept for a period of not less than 24 months. The record will be available for immediate inspection to any police officer engaged in the legitimate execution of his duties.

D. A written record in the English language must be kept of all sales of articles sold in the course of business. The name, address and telephone number of the purchaser must be recorded and retained for a period of not less than one year from the date of sale. Such sales information must be available at the business location and be made available upon request to any police officer properly engaged in the performance of his duties.

§ 164-27 Police notification required.

All antique dealers, secondhand dealers, pawnbrokers and scrap dealers must provide either oral or written communication to the Pottsville Bureau of Police within two business days of any unusual, odd or suspicious transaction or attempted transaction. Such communication should occur when:

A. The item in question is a firearm.

B. Coin, stamp or similar type collectibles are presented.

C. Any item that appears to be new, in the original packaging that has been unopened.

D. Large quantities of compact discs, music tapes or similar items that are commonly stolen from vehicles.

§ 164-28 Dealer responsibility to retain property.

A. Dealers must not sell or dispose of in any way property received in the course of business until five business days have elapsed from the time of receipt of any articles purchased, salvaged, traded, pawned or otherwise received.

B. Dealers must retain all articles received in the course of business at the business location where the transaction occurred. All property must be kept in the original condition as it was initially received at the time of purchase, trade, pawn or salvage. All property will be kept in such original condition for a period of five business days from the time of purchase, salvage, trade or pawn. Such property will be made available for inspection to any police officer engaged in the performance of his duties.

C. The sale of articles previously received, purchased, traded or pawned and properly recorded as required by this act need not be reported to police.

§ 164-29 Violations and penalties.

Any antique dealer, secondhand dealer, pawnbroker or scrap dealer who violates any of the provisions of this article, if such violation is a first offense, shall be subject, upon conviction in a summary proceeding, to a fine of not less than $100 nor more that $300, including all costs of prosecution. A second and all subsequent violations will constitute a fine of not less than $300, nor more than $600, plus cost of prosecution. Each day a violation continues shall constitute a separate offense.