[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton 4-27-2009 by Ord. No. 571-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 162.
A.
PAWNBROKER
(1)
(2)
(3)
PLEDGE
Definition of terms. As used in this chapter, the following terms
shall have the meanings indicated:
Includes any person who:
Engages in the business of accepting 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
Accepts money for goods, wares or merchandise pledged, stored
or deposited as collateral security.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his business as defined in the preceding
definition of "pawnbroker."
B.
Records to be kept. Each and every pawnbroker shall keep a book legibly
written in the English language in which shall be recorded:
(1)
A full and accurate description of all articles purchased or left
in pawn with him.
(2)
The date and time of pledging, pawning or purchasing the same.
(3)
The date and time within which such pawned or pledged article is
to be redeemed.
(4)
The description of the person from whom the article was purchased,
salvaged or received, including that person's name, address and
driver's license number.
C.
Report to police. All secondhand dealers shall provide a written
report to the Office of the Chief of Police confirming a complete
description of all articles received in the course of the secondhand
dealer's business during the preceding business days from the last
report given to the Chief of Police. These reports shall be given
to the Chief of Police at his office every Monday and Thursday before
11:00 a.m. The report shall contain a complete description of all
articles received in the course of his secondhand dealing business
during the previous business days together with the number of tickets
and a description of the person making such sale, including such person's
name, address and driver's license number. Forms for this purpose
are to be provided by the Chief of Police.
D.
Forbidden transactions. A secondhand dealer shall not accept any
items from any persons under the age of 18 years nor from any intoxicated
persons.
E.
Retention of purchased articles. All antique or secondhand dealers shall retain on their premises in the original form, shape, and condition in which they were received and shall not sell or dispose of in any way any goods received by him in the course of business until seven days have elapsed from the time of furnishing to the police a form containing the information on such articles as required by Subsection C.
A.
TRANSIENT MERCHANT
Definition of terms. As used in this chapter, the following terms
shall have the meanings indicated:
Any person who occupies a room, apartment, store, shop, building,
private lot or other fixed location for the purpose of purchasing
and/or selling goods, wares or merchandise of any description with
the intention of not remaining more than 100 days.
B.
Records to be kept. Each and every transient dealer shall keep a
book legibly written in the English language in which shall be recorded:
C.
Report to police. All transient merchants shall provide a written
report to the Office of the Chief of Police confirming a complete
description of all articles received in the course of the secondhand
dealer's business during the preceding business days from the last
report given to the Chief of Police. These reports shall be given
to the Chief of Police at his office every Monday and Thursday before
11:00 a.m. The report shall contain a complete description of all
articles received in the course of his transient merchant's business
during the previous business days together with the number of tickets
and a description of the person making such sale, including such person's
name, address and driver's license number. Forms for this purpose
are to be provided by the Chief of Police.
D.
Termination of business. Notification must be provided to the Bureau
of Police that the transient dealer intends to terminate his business
operation within 48 hours of such termination. Such notification shall
include an address at which the transient dealer may be reached for
the 10 days immediately prior to the termination.
E.
Retention of articles. All transient merchants shall retain, at their immediate local place of business, any goods received in the course of business, in the original shape, form and condition in which they were received, and shall not sell or dispose of such goods in any way until seven days have elapsed from the time of furnishing to the police a form containing the information on such articles as required by Subsection C.
F.
Forbidden transactions. A transient merchant shall not accept any
items from any persons under the age of 18 years nor from any intoxicated
persons.
A.
Any police officer, upon showing a badge and proper identification,
shall be given any information from all of the above classes of businesses
that is legitimately required in the execution of his duties. This
shall include, but not be limited to, names of employees and any and
all records concerning transactions over the past 24 months.
Any person who violates any provision of this chapter shall,
if such violation is his first, be subject, upon conviction therefor
in a summary proceeding, to a fine not less than $100 nor more than
$300, shall pay the costs of prosecution or in default of payment,
undergo imprisonment for not more than 30 days. Each subsequent violation
shall constitute a misdemeanor of the third degree, and upon conviction
therefor, shall subject each person to additional fines and costs.
Each day during which a violation continues shall constitute a separate
offense.
