[HISTORY: Adopted by the Borough Council of the Borough of
Brentwood 12-15-2009 by Ord. No. 1182. Amendments noted where applicable.]
[Amended 2-23-2010 by Ord. No. 1184]
A.
The Borough
of Brentwood hereby authorizes and approves the establishment of a
registration system for pawnbrokers, dealers in precious metals, secondhand
dealers and antique dealers for the purpose of establishing a body
of uniformly produced records that will allow local law enforcement
authorities to track, monitor and share information regarding merchandise
pawned, bought, sold, exchanged, and/or loaned by pawnbrokers, dealers
in precious metals, secondhand dealers and antique dealers.
B.
No person
shall engage in the business of being a pawnbroker, dealer in precious
metals, secondhand dealer and antique dealer without first obtaining
a license from the Brentwood Borough Police Department. Go to 3624
Brownsville Road, Pittsburgh, PA 15227, Police Department, with Tax
ID number.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, partnership, association, corporation or
business entity who or which purchases precious metals from the general
public for resale or refining or any individual who acts as an agent
for such individual, partnership, association, corporation or other
business organization or entity. Excluded from this definition are
financial institutions licensed under federal or state banking laws,
the manufacturers of jewelry or of other items composed, in whole
or in part, of gold, silver or platinum and the purchaser of precious
metals for his, her or its use or ownership and not for resale or
refining.
Any individual, partnership, association, corporation or
other business organization or entity which lends money on the deposit
or pledge of physically delivered personal property or who deals in
the purchase of such property on the condition of selling the property
back again at a stipulated price. The business of pawnbroker does
not include the lending of money on deposit or pledge of title to
property.
Items containing or being of gold, silver or platinum, including
but not limited to jewelry and silver services, but excluding coins,
ingots, bullion or photographic film or any article containing less
than 5% of gold, silver or platinum by weight.
Individual, partnership, association, corporation or other
business organization or entity which is regularly engaged in the
business or purchasing or taking upon consignment precious metals,
secondhand or used goods for resale or refining, or an individual
who acts as agent for such individual, partnership, association, corporation
or other business organization or entity.
[Amended 2-23-2010 by Ord. No. 1184]
All pawnbrokers, dealers in precious metals, secondhand dealers,
or antique dealers shall maintain accurate and complete records of
each transaction in which they purchase or obtain property, precious
metals, secondhand or used goods. Such records shall be kept on standard
forms provided by the Borough of Brentwood Police Department and written
in the English language at the time of the transaction in the course
of business. Such records shall be retained for a period of three
years from the date of the transaction and shall be available for
inspection by law enforcement authorities of the federal government,
the Commonwealth, or its municipalities. These records shall, at a
minimum, include all of the following:
A.
The name,
address, and telephone number of the individual pawning, selling,
exchanging, and/or loaning the item.
B.
Proof of
the individual's positive identification, e.g., Pennsylvania's driver's
license number or Pennsylvania nondriver's license identification
number. In the event that the individual pawning, buying, selling,
exchanging, and/or loaning the item is under the age of eighteen years,
he/she shall be accompanied by a parent or legal guardian. The parent
or legal guardian must also provide proof of positive identification,
the same being recorded in the merchant's records.
C.
A complete
and accurate description of the goods pawned, purchased, exchanged,
or loaned, including serial numbers (where applicable).
D.
The price
for which the item was pawned, purchased, exchanged, or loaned.
E.
No pawnbrokers,
dealers in precious metals, secondhand dealers, or antique dealers
shall sell or dispose of in any way until 30 days after purchase any
of the following secondhand articles or goods: antiques, precious
stones, coins, all jewelry, watches, old gold, platinum, silver or
other precious metals or any similar articles or things. No pawnbrokers,
dealers in precious metals, secondhand dealers, or antique dealers
shall sell or dispose of in any way any other secondhand article or
goods until seven days after purchase of the same.
A legible, accurate and complete copy of these records shall
be delivered to the Police Chief or his designee at his office every
Tuesday before 10:00 a.m. Upon demand, inventory records shall be
open to the Brentwood Police Department for its review.
[Amended 2-23-2010 by Ord. No. 1184]
A.
Any person
violating any provision of this chapter shall be fined not more than
$1,000 per occurrence or imprisoned not more than 30 days, or both.
B.
If any
pawnbroker, dealer in precious metals, secondhand dealer, or antique
dealer is convicted of robbery, burglary, larceny, receiving stolen
property or any other crime involving the unlawful obtaining of personal
property, the Brentwood Borough Police Department shall immediately
revoke their license.
[Added 2-23-2010 by Ord. No. 1184]
The fee for issuance of a pawnbroker's, dealer in precious metals',
secondhand dealer's, or antique dealer's license shall be set forth
and established in the Brentwood Borough fee resolution.
