[Ord. 888, 10/10/2005, § 1]
The following words, when used in this Part, shall have the
meaning as set forth below:
Any person who either wholly or in part engages in or operates
the trade or business of buying, selling, exchanging, or transferring
used or secondhand goods.
A Pennsylvania driver's license or Pennsylvania non-driver's
identification, valid U.S. passport, or military identification.
Items of personal property that have been previously purchased
at retail.
[Ord. 888, 10/10/2005, § 2]
1.
Antiques dealers or secondhand goods dealers shall obtain a license
from the Town of Bloomsburg Police Department on an annual basis for
the term commencing the first day of January of each and every year
and pay an annual fee set by the Town Council of the Town of Bloomsburg
by resolution from time to time.
2.
For the year 2005, the license term shall be from July 1, 2005, to
December 31, 2005, and the fee shall be prorated accordingly.
3.
It shall be unlawful for any person to engage in business as an antiques
dealer or secondhand goods dealer without a license.
[Ord. 888, 10/10/2005, § 3]
1.
Purchase, exchange, or transfer of secondhand goods:
A.
All antiques dealers and secondhand goods dealers shall keep complete
and accurate records of any and all secondhand goods purchased, exchanged,
or transferred on forms provided by the Town of Bloomsburg Police
Department.
B.
The records shall contain the following:
(1)
The name, address, and telephone number of the person selling,
ex-changing, or transferring the item of personal property.
(2)
The nature of the identification shown by the person and any
applicable identification number.
(3)
The description, make, model, and serial number, where applicable,
of the item purchased, exchanged, or transferred.
(4)
The price for which the item was purchased. If the item was
traded or exchanged, the value of the item that was traded or exchanged.
(5)
The date and time of the transaction.
C.
All coins,
coin collections, jewelry, and precious metals (gold, silver, and
platinum) shall be photographed in color immediately following purchase,
exchange, or transfer. All photographs shall be maintained for a period
of two years from the date of acquisition by all antiques dealers
and secondhand goods dealers and shall be made available for inspection
on the premises of the antiques dealer or secondhand goods dealer
upon the request of any police officer engaged in the performance
of his/her duties.
[Added by Ord. 946, 4/23/2012, § 1]
2.
Resale, exchange, or transfer of secondhand goods. All antiques dealers
or secondhand goods dealers shall keep complete and accurate records,
on forms provided by the Town of Bloomsburg Police Department, of
all secondhand goods that are resold, exchanged, or transferred, which
shall include the following:
3.
Delivery of records to Police Department. A legible, accurate, and
complete copy of the above records shall be delivered in person, by
first class mail, or by facsimile transmission to the Town of Bloomsburg
Police Department every Tuesday before 10:00 a.m.
[Ord. 888, 10/10/2005, § 4]
In the event the individual selling, exchanging, or transferring
the item of personal property is under the age of 18 years, he/she
shall be accompanied by a parent or legal guardian. The parent or
legal guardian must also provide proof of identification as set forth
above, which shall be recorded in the records of the antiques dealer
or secondhand goods dealer.
[Ord. 888, 10/10/2005, § 5]
If an item of personal property is to be changed, modified, or altered in any way, including but not limited to melting or smelting, the antiques dealer or secondhand goods dealer will photograph the object and immediately notify the Town of Bloomsburg Police Department by telephone. The notification shall include a description of the item, and the item of personal property shall not be altered within the 48 hours following the notification of the Town of Bloomsburg Police Department, subject to § 13-506, paragraph 2, below.
[Ord. 888, 10/10/2005, § 6]
1.
Upon demand, inventory records relating to items of personal property
subject to this Part shall be made available to the Town of Bloomsburg
Police Department for inspection upon request. A written record containing
the above information must be kept of all transactions in the course
of business and retained subject to this Part for a period of not
less than three years from the date of the transaction.
2.
All antiques dealers or secondhand goods dealers must retain all
items 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, exchange,
or transfer. All coins, coin collections, jewelry, and precious metals
(gold, silver, and platinum) shall be kept in such original condition
for a period of 14 business days from the date of purchase, exchange,
or transfer. All other property shall be kept in such original condition
for a period of five business days from the date of purchase, exchange,
or transfer. Any and all property shall be made available for inspection
on the premises of the antiques dealer or secondhand goods dealer
upon the request of any police officer engaged in the performance
of his/her duties.
[Amended by Ord. 946, 4/23/2012, § 2]
[Ord. 888, 10/10/2005, § 7]
All antiques dealers and secondhand goods dealers shall provide
either oral or written communication to the Town of Bloomsburg Police
Department within two business days of any unusual or suspicious transaction
or attempted transaction that is customarily associated with the sale,
exchange, or transfer of stolen property. Such communication shall
be made when the transaction includes, but is not limited to, the
following:
[Ord. 888, 10/10/2005, § 8]
No antiques dealer or secondhand goods dealer shall accept any
item of personal property where a serial number or identifying mark
has been defaced, altered, or marred.
[Ord. 888, 10/10/2005, § 9]
The provisions of this Part shall not apply to secondhand goods
purchased at auctions, estate sales, yard sales, or flea markets.
[Ord. 888, 10/10/2005, § 10]
1.
The license of an antiques dealer or secondhand goods dealer may
be suspended or revoked for violation of any provision of this Part
after proper notice setting forth the reasons for the suspension or
revocation.
2.
The license of an antiques dealer or secondhand goods dealer may
be suspended or revoked for making false reports to law enforcement
authorities with regard to items of personal property and/or with
regard to the requirements of this Part.
3.
Any person aggrieved by the suspension or revocation of his or her
license may appeal the decision to the Town Council of the Town of
Bloomsburg under the provisions of the Local Agency Act.
[Ord. 888, 10/10/2005, § 11]
1.
Any person violating any of the provisions of this Part shall, upon
conviction thereof in a summary proceeding, be sentenced to either
pay such fine not in excess of $1,000, which shall be paid to the
use of the incorporated Town with costs of prosecution, or to be imprisoned
for not more than 10 days, or both.
2.
Any person who provides false reports or information to the Town
of Bloomsburg Police Department may be prosecuted for making false
reports to law enforcement authorities.
