[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.]
GENERAL REFERENCES
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.
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.
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:
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
Purchases personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
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.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand
dealer to operate his business after his license is revoked or suspended.
G.
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.
H.
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.
A.
Every individual desiring to engage in those acts referred to in § 390-2A must obtain a license from the Township.
B.
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.
C.
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.
D.
Licenses to applicants shall be denied if:
(1)
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
(2)
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
(3)
The applicant has been convicted of the crime of burglary, theft
or receiving stolen goods; or
(4)
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.
E.
If the application is approved, the Chief of Police or his designated
representative is authorized to sign and issue the license.
F.
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]
A.
All pawnbrokers and junk dealers shall pay a license fee as set by
resolution of the Board of Commissioners.
B.
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.
A.
Any license issued may be suspended or revoked by the Chief of Police
for any of the reasons below:
(1)
The practice of any fraud, deceit, misrepresentation or furnishing
false information in obtaining or attempting to obtain a license.
(2)
The practice of fraud, deceit, misrepresentation or furnishing false
information in the course of carrying on the licensed business.
(3)
The conviction of any of the unlawful activities set forth in this
chapter for the particular business license involved.
(4)
Violation of or noncompliance with the provisions of this chapter
or rules and regulations issued under the authority of this chapter.
(5)
Loaning, borrowing or using a license of another or knowingly aiding
or abetting in any way the granting of improper licenses.
(6)
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.
B.
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.
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
F.
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]
A.
Responsibility of Township.
(1)
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.
(2)
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.
B.
Responsibility of pawnbroker, junk dealer, antique or secondhand
dealer.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
Holding period and inspection.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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]
A.
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.
B.
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.[1]
[1]
Editor's Note: Original Sec. 6-2092, Effective date, which
immediately followed this section, was repealed 2-25-2013 by Ord.
No. 2013-06.
