[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 3-9-1981 by Ord. No. 1981-2 (Part 6, Ch. 2, Art. D, of the 1976 Code of Ordinances). Amendments noted where applicable.]
Peddling and soliciting — See Ch. 352.
[Amended 4-23-1984 by Ord. No. 1984-9]
The following terms, phrases, words and their derivations shall have the following meanings, and, when not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and words of the masculine gender shall include the feminine. The word "shall" is always mandatory and not merely directory.
- ANTIQUE OR SECONDHAND DEALERS
- 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, metals, jewelry, tools, electrical devices, coins, fixtures, appliances, household goods, firearms and bric-a-brac. The foregoing enumeration of articles, goods and property shall not be deemed to be exclusive or all-inclusive. Exempted are judicial sales or sales by executors or administrators, sales of unredeemed pledges by or on behalf of licensed pawnbrokers in the manner prescribed by law, occasional or auction sales of household goods and other articles sold from private homes (commonly known as "garage sales") and auctions of real estate.
- Every kind of vocation, occupation, profession, enterprise, establishment, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, which are conducted for profit or benefit, directly or indirectly, on any premises in the Township.
- JUNK DEALERS
- Any person who shall carry on the business of buying or selling and dealing in worn out and discarded material that may be turned to some use, especially scrap, iron, brass, lead, copper, aluminum and other metals or alloys or other materials commonly referred to as "junk."
- Such document(s) as the Chief of Police or his designated representative shall prescribe by rule or regulation as evidence that the provisions of this chapter have been properly followed.
- Any person who:
- A. Engages in the business of lending money on the deposit or pledge of personal property other than choses in action, securities, or written evidence of indebtedness; or
- B. Purchases personal property with an express or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or
- C. Lends money upon goods, wares or merchandise pledged, stored, or deposited as collateral security.
- Individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations, or any officers, agents, employees, factors or any kind of personal representatives of any of the above, in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
- Any article or articles deposited with a pawnbroker as security for a loan in the course of his business as defined under "pawnbroker."
- The person who obtains a loan from a pawnbroker and delivers a pledge into the possession of a pawnbroker, unless such person discloses that he is or was acting for another, in which case a "pledgor" means the disclosed principal.
- The publicly supported Police Department of the Township of Manheim.
- POLICE CHIEF
- The Chief of Police of the Manheim Township Police Department or his designated representative.
- All lands, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with, any such business conducted on such premises.
[Amended 9-28-1981 by Ord. No. 1981-12]
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to exercise or carry on trade or business within this Township without first obtaining a license from the Township and displaying it in a place where it may be seen at all times.
It is unlawful for any pawnbroker, junk dealer, or antique or secondhand dealer to receive, accept or purchase articles from individuals under 18 years of age, any person under the influence of drugs or intoxicants, or any known thieves. Exception: Junk dealers may receive from persons under 18 years of age any commonly discarded items such as newspapers, cans, bottles, etc. Such transactions are also exempted from any identification requirements unless specifically covered by a promulgated rule or regulation.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to receive, accept or purchase articles from anyone not known to them without first requiring some form of identification which, at a minimum, shall include the individual's name and address and either the individual's motor vehicle operator's number, the individual's social security number or, if the individual does not have this information, such other proof of identity as the Chief of Police shall provide by regulation.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to fail to keep or forward records to the police or fail to keep other records and books as required by this chapter. Exception: Junk dealers, unless specifically required by promulgated rule or regulation, are required to obtain only the vehicle license or registration number from vehicles containing the items purchased or the individuals the junk dealers purchased the items from.
It is unlawful for any pawnbroker, junk dealer, or antique or secondhand dealer to fail to permit the police all reasonable inspections of his business and examinations of his books containing information required to be kept by this chapter.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to operate his business after his license is revoked or suspended.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to loan, sell, give, assign to any other person, or allow any other person to use or display or to destroy, damage or remove or to have in his possession, except as authorized, any license which has been issued to that licensee.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to fail to keep in this Township and retain in the original form, shape or condition any items acquired in the course of their business for a minimum period of 72 hours from the time of furnishing the required report to the police. In the case where retention for the time period required would result in serious and substantial economic loss to the dealer, or the probability of such loss is significant due to rapid and highly fluctuating market conditions, or in the case of a transient business or person who desires to move the items acquired from the Township shortly after purchase, the minimum retention period may be waived by the police after inspection and, if necessary, any photographing of the goods by police. The waiver shall be acknowledged in writing by the police upon the completed report form required to be turned into the police.
Every individual desiring to engage in those acts referred to in § 390-2A must obtain a license from the Township.
To obtain a license, individuals or persons must complete a written application which shall contain such information as is reasonably required by the Chief of Police but which, as a minimum, shall include a sworn affidavit that the information furnished is true and correct.
Upon receipt of a completed application accompanied by the fee required in § 390-4, the Police Department shall have 15 working days to investigate the applicant, process the application, and to grant or deny a license.
Licenses to applicants shall be denied if:
The applicant does not agree to comply or fails to comply with the requirements of this chapter and rules and regulations adopted pursuant to this chapter; or
The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any report or record required to be kept or filed with the police; or
The applicant has been convicted of the crime of burglary, theft or receiving stolen goods; or
The applicant has had a similar license revoked or suspended for good cause in this or another state for reasons which justify suspension or revocation in this chapter.
If the application is approved, the Chief of Police or his designated representative is authorized to sign and issue the license.
If a license is denied, the applicant shall be notified in writing of the denial and the basis thereof. If the reasons for denial are correctable, the applicant will be so advised with suggestions on how these corrections can be made and what time limit has been set for making said corrections. The notice of denial shall inform the applicant that appeals may be made in the manner outlined in § 390-6.
[Amended 2-25-2013 by Ord. No. 2013-06]
All pawnbrokers and junk dealers shall pay a license fee as set by resolution of the Board of Commissioners.
All antique dealers or secondhand dealers shall pay a license fee as set by resolution of the Board of Commissioners. Those antique or secondhand dealers who engage in isolated or occasional purchases and who maintain no place of business within the Township, engage in no promotion and advertising and can prove by appropriate records that total purchases in the previous year did not exceed $1,500 shall pay a fee as set by resolution of the Board of Commissioners.
Any license issued may be suspended or revoked by the Chief of Police for any of the reasons below:
The practice of any fraud, deceit, misrepresentation or furnishing false information in obtaining or attempting to obtain a license.
The practice of fraud, deceit, misrepresentation or furnishing false information in the course of carrying on the licensed business.
The conviction of any of the unlawful activities set forth in this chapter for the particular business license involved.
Violation of or noncompliance with the provisions of this chapter or rules and regulations issued under the authority of this chapter.
Loaning, borrowing or using a license of another or knowingly aiding or abetting in any way the granting of improper licenses.
The doing of any act or engaging in any conduct in the course of the business which demonstrates incompetency, bad faith or dishonesty or substantially adversely affects the health, safety, or general welfare of the public.
When the Chief of Police decides to suspend or revoke a license issued under this chapter, he shall cause notice to be sent to the licensee, which shall contain the reasons for suspension or revocation.
Any person aggrieved by denial of an application for a license or renewal of a license or suspension or revocation of a license shall have the right of appeal to the Commissioners.
Appeals must be filed within 15 days after receipt of notice from the Chief of Police. Appeals shall be made by filing with the Secretary of the Board of Township Commissioners a letter of appeal, briefly stating therein the basis for the appeal, together with a filing and processing fee in an amount as set by resolution of the Board of Commissioners.
[Amended 2-25-2013 by Ord. No. 2013-06]
Failure to file a letter of appeal within the fifteen-day period shall constitute a waiver of the appellant's right to a hearing; however, the Commissioners, in their sole discretion, may nevertheless grant such a hearing.
A hearing by one or more of the Commissioners will be set no more than 15 days after receipt of the letter of appeal. Five days' advance notice of the time and date of the hearing shall be sent to the appellant.
At the hearing with the Commissioner(s), the appellant and any other interested party shall be given a reasonable opportunity to be heard in order to show cause why the determination of the Chief of Police should not be upheld. In all cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision of the Police Chief.
The hearing may be recorded by tape or other mechanical means; a brief summary of the evidence considered, findings of fact and final decision reached by the Commissioner(s) shall be prepared. The decision of the Commissioner(s) shall be binding on all parties.
[Amended 9-28-1981 by Ord. No. 1981-12; 7-8-2019 by Ord. No. 2019-09]
Responsibility of Township.
The police may choose to enter into an agreement with an online entity which operates an electronic inventory tracking system for law enforcement agencies for the purpose of identifying stolen merchandise and tracking persons associated with the transaction.
The online entity chosen by the police to administer the electronic inventory tracking system shall insure that all data remains secure and confidential by providing each pawnbroker, junk dealer, antique or secondhand dealer with login security protocols which meet current industry standards, and shall employ state-of-the-art technology to designed to protect the data from all known forms of unauthorized access and malicious intrusion.
Responsibility of pawnbroker, junk dealer, antique or secondhand dealer.
All pawnbrokers, junk dealers, antique or secondhand dealers shall maintain an electronic inventory tracking system which is capable of securely and confidentially uploading a record of all transactions via computer to the online entity designated by the police pursuant to Subsection A herein.
No later than 24 hours after the completion of a transaction, every pawnbroker, junk dealer, antique or secondhand dealer shall upload, in the manner specified by the police, the required tracking information for each transaction. This section shall apply regardless of whether the twenty-four-hour time limit falls on a business day, a weekend day, or a national or religious holiday. It shall not be a defense that a pawnbroker, junk dealer, antique or secondhand dealer did not comply with this section because the day following the transaction was not a business day.
Transactions involving a trade-in allowance on goods or items originally sold by the pawnbroker, junk dealer and antique or secondhand dealer to the person seeking such trade-in or allowance, a trade-in on a like item or dealer-to-dealer, are exempt from the reporting requirements.
In addition, pawnbrokers, junk dealers and antique or secondhand dealers shall file such additional reports as may from time to time be required by the Township and in such form as the Township may require from time to time by resolution.
Holding period and inspection.
All items shall be kept in unaltered condition, available for inspection by law enforcement officials in the course of their law enforcement duties, for 10 working days following a transaction by a pawnbroker, junk dealer, antique or secondhand dealer or a data upload as specified in Subsection B(2) above, whichever occurs last.
No business shall require law enforcement officials to obtain a search warrant to inspect the item, unless the inspection is made during hours other than regular business hours.
During the holding period, any item subject to the holding period shall be segregated from other inventory to ensure that it is not placed in an area or section where personal property and/or precious metals are offered for sale. Where any item is held off the premises, the pawnbroker, junk dealer or antique or secondhand dealer shall make the item available for inspection within 24 hours after receiving a request for inspection by law enforcement officials.
Any law enforcement official who has reason to believe any item was not sold or exchanged by the lawful owner may direct the pawnbroker, junk dealer, antique or secondhand dealer to hold the item for a reasonable length of time as determined by the law enforcement official as necessary to identify the lawful owner of the item.
Law enforcement officials may seize any item(s) reported to have been stolen and may order any business to temporarily retain any item(s) suspected of being stolen, until further investigation concludes otherwise.
The Chief of Police may promulgate such rules and regulations as are necessary for administration and enforcement of this chapter. Any such rules and regulations promulgated shall be approved by the Commissioners and shall be available for public inspection.
The information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration and enforcement of this chapter or the administration and enforcement of the criminal justice system.
[Amended 12-12-1994 by Ord. No. 1994-28]
Any person who violates any provision of this chapter shall, for every such violation, be subject to a fine or penalty of not less than $50 nor more than $600, and costs, and, in default of payment of fine or penalty and costs, to imprisonment for not more than 30 days, except that the minimum fine for violation of § 390-2F, which makes it unlawful for any pawnbroker, junk dealer or antique dealer to operate his business after his license has been suspended or revoked, shall be $100 instead of $50.
The payment of any fees required shall not be a bar against prosecution for any violation under this chapter. Each incident constitutes a separate offense.
This chapter shall not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances; provided, however, where this chapter imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.
Editor's Note: Original Sec. 6-2092, Effective date, which immediately followed this section, was repealed 2-25-2013 by Ord. No. 2013-06.