[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 8-26-1997 by Ord. No. 97-14 (Ch. 13, Part 9, of
the 1992 Code). Amendments noted where applicable.]
This chapter is enacted for the following purposes: to promote
the safety, morals and general welfare of the inhabitants of the Township
of Middletown 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.
In interpreting and applying the provisions of this chapter,
minimum requirements for the promotion of the public safety, comfort,
convenience and general welfare shall be followed. Where the provisions
of this chapter impose greater restrictions than those of any statute,
other ordinance or regulation, the provisions of this chapter shall
be controlling. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this chapter, the provisions
of such statute, other ordinance or regulation shall be controlling.
This chapter shall be known and may be cited as "The Middletown
Township Pawnbroker's Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter 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 chapter 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 chapter.
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 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 chapter.
The card, book, receipt or other record furnished to the
pledger at the time loan is granted, containing the terms of the contract
for a loan.
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 in the preceding
definition.
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.
A.Â
License. Pawnbrokers shall not be authorized to engage in business
in the Township of Middletown until obtaining a pawnbroker's
license certificate.
B.Â
License certificate. The license certificates are issued by
the Township's Department of Licenses and Inspections. The license
certificate fee is as set from time to time by resolution of the Board
of Supervisors. 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.
[Amended 10-19-2009 by Ord. No. 09-03]
C.Â
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 Township Department of Licenses and
Inspections for a fee as set from time to time by resolution of the
Board of Supervisors.
[Amended 10-19-2009 by Ord. No. 09-03]
A.Â
Records required. Pawnbrokers are required to maintain records
of all business transactions. These records are 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, special markings of the pledge as well as
the identity of the pledger. Copy of all pawn tickets containing this
information will be remitted to the Middletown Township 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.
B.Â
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.
C.Â
Identity of pledger. The pawnbroker shall obtain the following
information from the pledger:
(1)Â
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.
(2)Â
An accurate physical description of the pledger, including race,
gender, eye and hair color and identifying marks, if any.
D.Â
Business with minors. A pawnbroker shall not accept a pledge
from any person under the age of 18 years.
E.Â
Stolen property. A pawnbroker may seize any property offered
in pledge which he/she has reason to believe is stolen property. The
pawnbroker shall issue seizure receipt to the person presenting such
property in pledge and shall immediately deliver such seized property
together with a copy of the seizure receipt to the Middletown Township
Police Department. A pawnbroker must turn over stolen property taken
in pledge upon request to the Middletown Township Police Department.
A property receipt for the pledge will be issued to the pawnbroker
by the Police Department.
[Amended 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate, fail, neglect
or refuse to comply with any provision of this chapter, upon conviction
thereof in an action brought before a Magisterial District Judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be subject to
a thirty-day suspension of his/her operating license and/or be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this chapter continues or each
section of this chapter which shall be found to have been violated
shall constitute a separate offense.
