[Ord. 1410, 1/13/1981, § 1]
From and after the effective date of this Part, no person, corporation
or other business entity shall use, exercise or carry on the business
of pawnbroker or antique dealer or second hand goods dealer within
the Borough of Phoenixville without having first obtained a license
from the Borough Manager, as hereinafter provided.
[Ord. 1410, 1/13/1981, § 2; as amended by Ord.
1469, 6/14/1983; and by A.O.]
The Borough Manager of Phoenixville shall, from time to time,
give and grant licenses to all persons, corporations or other business
entities applying for the same, who shall produce satisfactory testimonials
of good character, to use, exercise and carry on the trade or business
of pawnbroking or antique dealing or second hand goods dealing which
said license shall state the location of the building in which said
business is to be carried on, and shall continue in force up to and
until the first Monday of January of the following year and no longer.
Each person, corporation or other business entity applying for such
license shall pay an amount as established by resolution, from time
to time, by the Borough Council, for which the said Borough Manager
shall give to the said applicant his official receipt, and, upon the
filing of such receipt with the Borough Manager, a license to carry
on the trade or business of pawnbroking or antique dealing or second
hand goods dealing within the said Borough of Phoenixville for the
period aforesaid. Such persons, corporations or other business entities
shall annually renew their licenses on or before the first Monday
of each January. After the initial, licensing fee which shall be in
an amount as established by resolution, from time to time, by the
Borough Council, each annual renewal shall be free of charge.
[Ord. 1410, 1/13/1981, § 3]
No person, corporation or other business entity licensed as
a pawnbroker, antique dealer or second hand goods dealer in the Borough
of Phoenixville shall, by virtue of one license, keep more than one
place of business for receiving or taking goods in pawn (nor shall
be at any time take goods in pawn at any other place than the place
for which said license was granted) or for engaging in antique dealing
or for engaging in second hand goods dealing. An antique dealer or
second hand goods dealer may purchase goods at places other than the
licensed place of business subject to the recordkeeping and reporting
requirements of this Part.
[Ord. 1410, 1/13/1981, § 4]
Every person, corporation or other business entity conducting
the business of a pawnbroker or antique dealer or second hand goods
dealer shall keep a book or books in which shall be fairly written
in English, at the time of each loan or purchase by him, an accurate
account and description of the goods, articles or things pawned with
him or pledged to him or purchased by him, the amount of money loaned
thereon or the amount of money paid therefore by him, the time of
pledging or purchasing the same and (in the case of a pawnbroker)
the rate of interest to be paid on any loan, together with the description,
name and address of the person pawning, pledging or selling such goods,
articles or things, including race, complexion, color of eyes, hair
color, stature and general appearance. The said books shall be subject
to the inspection and approval of the Chief of Police or his representative.
It shall also be the duty of any person, corporation or other business
entity engaged in the business of pawnbroking to furnish to each applicant
or customer a ticket on which is printed a number corresponding with
the number used to identify the article placed in pawn, the amount
given in cash together with all charges and the total amount to be
paid when the articles is to be redeemed.
[Ord. 1410, 1/13/1981, § 5]
No pawnbroker or his agents, servants or employees shall sell
any article until the same has been in his possession at least four
months beyond the time in which it was to be redeemed.
[Ord. 1410, 1/13/1981, § 6]
No pawnbroker or antique dealer or second hand goods dealer
or agents, servants or employees of the same shall receive or take
in pledge of purchase any article from any person under the age of
18 years of age or intoxicated or an habitual drunkard or known to
be a thief, an associate of thieves or a receiver of stolen property,
or from any person as to whom it is reasonable to believe is any of
the foregoing.
[Ord. 1410, 1/13/1981, § 7; as amended by Ord.
1607, 11/14/1989, § 4; and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues shall constitute a separate
offense.
[Ord. 1410, 1/13/1981, § 8]
Any such pawnbroker or antique dealer or second hand goods dealer
who violates this Part or any portion thereof shall, in addition to
the above fine, have his license revoked in accordance with the following
procedure:
A.
A temporary suspension shall be made by the Chief of Police and notice
thereof shall be served upon the accused pawnbroker or antique dealer
or second hand goods dealer.
B.
Within 10 days from the beginning of the temporary suspension, a
hearing shall be scheduled and held, by a panel of any three Borough
Council members, unless continued by the panel for cause at the request
of the Police Chief or the accused pawnbroker or antique dealer or
second hand goods dealer.
C.
The accused pawnbroker or antique dealer or second hand goods dealer
shall be served by said panel with notice of the hearing at the same
time he is served with notice of the temporary suspension.
D.
The Police Chief shall present the case against the accused pawnbroker
or antique dealer or second hand goods dealer who may also appear
at the hearing and present a defense.
E.
The accused pawnbroker, or antique dealer or second hand goods dealer
shall have the right to appeal from an adverse decision of the panel
to the Court of Common Pleas of Chester County, and said appeal must
be filed within 30 days after the decision of the panel.
F.
A stenographic record of the hearing may be taken at the expense
of the accused.
[Ord. 1410, 1/13/1981, § 9]
The use of the masculine gender in this Part shall be understood
to include the female and the neuter and the singular shall be understood
to include the plural.
[Ord. 1410, 1/13/1981, § 11; as amended by Ord.
1415, 6/9/1981]
The terms of this Part shall not apply to charitable or nonprofit
organizations or institutions nor shall it apply to persons or business
entities only incidentally involved as an insubstantial portion of
total business in the sale and/or purchase of second hand or antique
goods; provided, however, that the terms of this Part shall apply
to the sale or purchase of second hand gold or silver coins or objects
however insubstantial a portion of total business such sale or purchase
represents.
