[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 9-10-2012 by Ord. No. 1330. Amendments noted where applicable.]
This chapter shall be known as the "Pawnbrokers, Junk Dealers
and Secondhand Dealers Business Licensing Ordinance of the Borough
of Tyrone."
It is not intended by this chapter to repeal, abrogate, annul
or in any other way impair or interfere with existing provisions of
other laws or ordinances, except those specifically repealed by this
chapter. 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.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
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.
The Borough of Tyrone, Pennsylvania.
The Borough Council of the Borough of Tyrone.
The Chief of Police of the Borough of Tyrone, his/her designee,
or such other persons or inspectors as may be appointed by the Chief
of Police.
Includes all kinds of vocations, occupations, professions,
enterprises, 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 Borough of Tyrone.
A hearing officer selected by Borough Council as provided under § 142-13 of this chapter.
As used generally herein, shall include, respectively, the
words "permit" or "permittee" or the holder for any use or period
of time of any similar privilege, wherever relevant to any provision
of this chapter or other law or ordinance.
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or other limited-liability entities; or any officers, agents, employees,
factors or any kind of personal representatives of any of the above,
in any capacity, acting either for themselves or for any other person,
under either personal appointment or pursuant to law.
The Police Department of the Borough of Tyrone.
Includes all lands, structures and 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 otherwise
used in connection with any such business conducted on such premises.
A.
Compliance required. It shall be unlawful for any person, either
directly or indirectly, to conduct any business or to use in connection
therewith any vehicle, premises, machine or device, in whole or in
part, for which a license or permit is required by this chapter, without
a license or permit therefor being first procured and kept in effect
at all such times as required by this chapter or other law or ordinance
of the Borough. A person conducting any business which involves either
wholly or in part a combination of one or more of the types of business
activities regulated hereunder shall be required to obtain separate
licenses for each type of business conducted, and shall comply with
all requirements and regulations for each type of business conducted,
and shall comply with all requirements and regulations for each type
of business; provided, however, that such person shall pay only one
license fee, which shall be the license fee for the business having
the highest fee.
B.
Agents responsible for obtaining license. The agents or other representatives
of non-Borough residents who are doing business in this Borough shall
be personally responsible for the compliance with this chapter of
their principals and of the business they represent.
A.
Issuance of licenses. The Police Department, through the License
Officer, shall collect all license fees imposed hereunder and shall
issue licenses in the name of the Borough to all persons qualified
under the provisions of this chapter.
B.
In addition, the License Officer shall:
(1)
Recommend rules: Recommend the adoption of all reasonable rules and
regulations necessary to the operation and enforcement of this chapter.
Borough Council shall be responsible for the adoption, by resolution,
of all rules and regulations necessary to the operation and enforcement
of this chapter.
(2)
Adopt forms: Adopt all forms and prescribe the information to be
given therein.
(3)
Require affidavits: Require applicants to submit all affidavits and
oaths necessary to the administration of this chapter.
(4)
Obtain endorsements: Submit all applications, in a proper case, to
appropriate Borough officials for their endorsements thereon as to
compliance by the applicant with all Borough regulations which they
have the duty of enforcing.
(5)
Investigate: Investigate and determine the eligibility of any applicant
for a license.
(6)
Examine records: Examine the books and records related to information
required to be kept or maintained by this chapter of any applicant
or licensee when reasonably necessary to the administration and enforcement
of this chapter.
(7)
Give notice: Notify any applicant of the acceptance or rejection
of the applicant's application and, upon refusal of any license
or permit applied for, at the applicant's request, state, in
writing, the reasons therefor and deliver them to the applicant.
(8)
Enforce: Take all actions necessary to carry out the provisions of
this chapter, including, but not limited to, institution of summary
criminal proceedings, filing civil or equitable actions, revocation
of licenses, and any other appropriate legal actions necessary for
enforcement.
C.
Confidentiality duty. The License Officer shall keep all information
furnished or secured under the authority of this chapter in strict
confidence, excepting names and addresses of licensees. Such information
shall not be subject to public inspection and shall be kept so that
the contents thereof shall not become known except to the persons
charged with the administration of this chapter or to judicial officers
having the power to resolve appeals of actions taken by the Borough
under this chapter.
The general standards herein set forth relative to the qualifications
of every applicant for a Borough license shall be considered and applied
by the License Officer in determining whether to grant or refuse to
grant a license to any applicant.
A.
Good moral character. Each applicant shall be of good moral character.
In determining whether an applicant is of good moral character, the
License Officer shall consider only:
(1)
Penal history: all convictions for crimes of moral turpitude.
B.
License history: the license history of the applicant; whether such
person, in previously operating in this or another state under a license
regulating a business, has had such a license revoked or suspended
and the reasons therefor.
C.
No obligations to the Borough. Each applicant shall be in default
under the provisions of this chapter, and ineligible to obtain a license,
if past due with respect to any debt or obligation incurred in any
manner to the Borough, including taxes.
D.
Compliance with building and zoning laws. Each applicant shall certify
that to the applicant's knowledge the applicant is not in violation
of the building or zoning laws of the Borough of Tyrone. Any applicant
found to have made a false certification in this respect shall be
ineligible to obtain a license.
A.
Formal application required. Every person required to procure a license
under the provisions of this chapter shall submit an application to
the Police Department which shall comply with the following:
(1)
The form of the application shall be a written statement upon forms
provided by the License Officer, such forms shall include a sworn
affidavit that the information furnished is true and correct. Furnishing
false certifications or false or intentionally misleading information
shall be grounds for denial or revocation of the license or other
legal action hereunder by the License Officer.
(2)
Contents of application. The application shall contain the disclosure of all information necessary for compliance with § 142-6 above and of any other information which the Borough License Officer shall find to be reasonably necessary for the fair administration of this chapter.
(3)
Payment of fees. The application shall be accompanied by the full
amount of the fees chargeable for such license.
B.
Issuance of receipts. Whenever a license cannot be issued at the
time that the application for the same is made, the Borough License
Officer shall issue a receipt to the applicant for the money paid
in advance, subject to the condition that such receipt shall not be
construed as the approval of the Borough License Officer for the issuance
of a license, nor shall it entitle or authorize the applicant to open
or maintain any business contrary to the provisions of this chapter.
C.
Duplicate license procedure. A duplicate license shall be issued
by the License Officer to replace any license previously issued, which
has been lost, stolen, defaced, or destroyed, without any willful
conduct on the part of the licensee, upon the filing by the licensee
of an affidavit sworn to before a notary public of this state attesting
to such fact and the paying to the License Officer of a fee as may
be established by Borough Council from time to time.
D.
Issuance of license. If the License Officer shall be satisfied that the applicant has met all requirements of this chapter, the license shall be issued to the applicant. If the License Officer determines that the requirements of this chapter have not been met, the License Officer shall disapprove the application and refund all fees paid in advance, from which disapproval the applicant shall have the right to appeal to a hearing officer appointed by Borough Council pursuant to § 142-13 of this chapter.
Each license issued hereunder shall state upon its face:
A.
The name of the licensee and any other name under which such business
is to be conducted.
B.
The kind and address of each business so licensed.
C.
The amount of the license fee therefor.
D.
The dates of issuance and expiration thereof.
E.
Such other information as the License Officer shall determine.
A.
General standards of conduct. Every licensee under this chapter shall:
(1)
Permit inspection: Permit all reasonable inspections of the said
licensee's business and examinations of the licensee's books
containing information required to be kept or maintained by this chapter
by public authorities so authorized by law.
(2)
Comply with governing law: Ascertain and at all times comply with
all laws and regulations applicable to such licensed business.
(3)
Operate properly: Avoid all forbidden, improper or unnecessary practices
or conditions which do or may affect the public health, morals or
welfare.
(4)
Cease business: Refrain from operating the licensed businesses on
premises after expiration of the licensee's license and during
any period said license is revoked or suspended.
B.
Display of license. Every licensee under this chapter shall comply
with the following:
(1)
Licenses.
(a)
Premises: Post and maintain such license upon the licensed premises
in a place where it may be seen at all times.
(b)
Persons: Carry such license on the licensee's person when
the licensee has no licensed business premises.
(c)
Vehicles: Post and maintain such license in a conspicuous place
when business is being conducted from a vehicle.
(2)
Inoperative licenses: Do not allow any license or insignia to remain
posted, or displayed, or used, after the period for which it was issued
has expired; or when it has been suspended or revoked or for any reason
become ineffective. The licensee shall promptly return such inoperative
license to the License Officer.
(3)
Unlawful possession: Do not loan, sell, give or assign to any other
person, or allow any other person to use or display, or to destroy,
damage or remove, or to have in such person's possession, except
as authorized by the License Officer or by law, any license which
has been issued to said licensee.
C.
New location desired. A licensee shall have the right to change the
location of the licensed business, provided said licensee shall comply
with the following:
D.
Keep records: Keep all records and books to provide the information
required by this chapter and necessary for the enforcement of this
chapter.
A licensee shall not transfer the licensee's license to
another person.
A.
A hearing officer appointed by Borough Council pursuant to § 142-13 of this chapter shall hear all appeals from the decision of the License Officer disapproving an application for a license. The hearing officer may, upon recommendation of the License Officer, and following written notice to the licensee, and, if requested by the licensee, after a hearing as provided for in § 142-12B of this chapter, refuse to renew, suspend or revoke a license of any applicant or licensee. All decisions of the hearing officer in support of any action or recommendation of the License Officer shall be based upon one or more of the following reasons:
(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 enumerated crimes set forth in subsequent
articles of this chapter for the particular business license involved.
(4)
Violation of or noncompliance with the provisions of this chapter
or orders of the License Officer 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.
Before the hearing officer acts upon any recommendation of the License
Officer to refuse to renew, suspend or revoke any license, the License
Officer shall notify the applicant or licensee of the charges against
the licensee and shall accord the applicant or licensee ample opportunity
to be heard thereon in person or by counsel. The notice shall be in
writing and be served by certified mail, addressed to the applicant
or licensee at the address appearing in the application for the license
or on the issued license, and shall notify the applicant or licensee
of the right to a hearing before the hearing officer. The applicant
or licensee shall have a period of 10 days from the date of the service
of the notice (which shall be the date of the mailing) to request
a hearing before the hearing officer, which hearing shall, if requested,
be conducted after not less than 30 days' written notice to the
applicant or licensee. If no hearing before the hearing officer is
requested, it shall be conclusively presumed that the applicant or
licensee concurs with the recommendation of the License Officer, and
the hearing officer shall take the action recommended by the License
Officer without necessity for any further proceedings.
The hearing officer, for purposes of this chapter, in any particular
case, shall be a person appointed by Borough Council who is capable
of conducting an administrative hearing in a thorough, fair and impartial
manner, examining and weighing evidence, applying applicable law to
the facts of a case, and writing a decision setting forth findings
of fact and conclusions of law in support of such decision. A hearing
officer may be an employee of the Borough, so long as he/she is not
a subordinate of the License Officer. A hearing officer shall have
full authority and power to carry out the duties of the hearing officer
as set forth in this chapter. In addition to his/her duty to take
actions upon the recommendation of the License Officer in refusing,
suspending or revoking any license, a hearing officer shall hear and
decide all appeals from persons aggrieved by any decision or order
of the License Officer (except a decision to file summary enforcement
proceedings with a Magisterial District Judge) when it is alleged
that the decision or order complained of is not authorized by this
chapter or directs a method of compliance which imposes an unreasonable
burden upon the licensee without good cause. In such cases, a hearing
officer shall have the authority, in a proper case, to change, modify
or rescind any decision or order of the License Officer or to extend
the time for compliance. All appeals to a hearing officer from decisions
or orders of the License Officer shall be filed with the License Officer
within 10 days of the date of the decision or order complained of.
The appeal shall be in writing, shall specify the grounds therefor
and the relief requested and shall be accompanied by an appeal fee
as determined by Borough Council from time to time. Upon receipt of
an appeal, a hearing shall be held after not less than 30 days'
written notice to the licensee.
A.
Inspections.
(1)
Persons authorized. The following persons are authorized to conduct
inspections in the manner prescribed herein:
(a)
License Officer and police. The License Officer and/or the police
shall make all investigations reasonably necessary for the enforcement
of this chapter.
(b)
Officials having duties. The License Officer shall have the
authority to order the inspection of licensees, their businesses and
premises by the police and all Borough officials having duties to
perform with reference to such licensees or businesses.
(2)
Authority of inspectors. All inspectors shall have the authority
to enter premises to inspect for violation of any provision of this
chapter. Persons inspecting licensees, their businesses, or premises
as herein authorized shall report all violations of this chapter or
of other laws or ordinances to the License Officer and shall submit
such other reports as the License Officer shall order.
B.
Enforcement duties of License Officer. When the License Officer determines
that there exists any violation of this chapter, the License Officer
shall have the option to:
(1)
Issue and serve upon the violator a notice of violation, which notice shall be in writing, shall specify the violation and shall contain an order directing correction of the violation within a specified time to be not less than 10 days from the date of the notice. (Any person aggrieved by such notice shall have the right to appeal as set forth in § 142-13 of this chapter); and/or
(2)
Institute and prosecute summary enforcement proceedings before a
Magisterial District Judge; and/or
C.
The License Officer shall be authorized to take any or all of the
above enforcement actions in any given case as are deemed necessary
in the License Officer's opinion for proper administration and
enforcement of this chapter, and the right to take any particular
enforcement action shall not be limited by reason of the fact that
the License Officer has also taken a different action in the same
case.
Where a person allows another person who has not procured a
license to use said person's premises for an activity requiring
a license under this chapter, such person who permits the same, in
addition to any other applicable penalty, shall be held liable for
any applicable license fees required herein.
Any person who violates any provision of this chapter or any final order of the License Officer or hearing officer issued pursuant to the authority of this chapter shall, upon conviction therefor in a summary proceeding, be fined not less than $150 nor more than $600 and shall pay the costs of prosecution or, in default of payment, undergo imprisonment for not more than 30 days. Each day during which a violation continues shall constitute a separate offense. As used in this section, the term "person" shall have the meaning set forth in § 142-3 of this chapter.
A.
License required to be a pawnbroker. No person shall use, exercise
or carry on the trade or business of pawnbroker within the Borough
without first obtaining a license from the License Officer. A pawnbroker's
license runs from January 1 to December 31 of each year.
B.
PAWNBROKER
Definition of terms. As used in this chapter, unless the context
indicates otherwise:
Includes any person who:
(1)
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
(2)
Purchases personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
(3)
PLEDGE
Lends money upon goods, wares or merchandise pledge, stored or deposited
as collateral security.
An article or articles deposited with a pawnbroker as security
for a loan in the course of the pawnbroker's business as defined
in the preceding definition. "Pledgor" means the person who obtains
a loan from a pawnbroker and delivers a pledge into the possession
of a pawnbroker, unless such person discloses that such person is
or was acting for another, in which case a "pledgor" means the disclosed
principal.
C.
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 said pawnbroker.
(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 amount of money lent or paid therefor.
(5)
The description of the person or persons, including such person's
name, age and address, making a pledge.
D.
Report to police. Every pawnbroker shall, before 12:00 noon of every
Tuesday, deliver to the Department of Police a written description
of all articles received in the course of said pawnbroker's business
during the business week immediately previous, together with the numbers
of any tickets or receipts associated with the articles received and
a description of the person or persons pawning the articles, including
such person's name, age and address. This information may be
submitted on forms which may be obtained from the Department of Police
or by providing copies or summaries of the pawnbroker's own records.
However, if the pawnbroker chooses to submit copies or summaries of
said pawnbroker's records, the records must contain all of the
information specified above in this subsection.
E.
Information pawnbroker shall give to pledgor. Every pawnbroker shall,
at the time of making or receiving any article in pawn, deliver to
the pledgor a memorandum signed by him containing:
F.
Forbidden transactions. A pawnbroker shall not accept a pledge from
a person under the age of 18 years. A pawnbroker shall require any
person who appears to be under 30 years of age to verify that he/she
is at least 18 years old by presentation of a photo identification
card listing his/her date of birth or age (such as a driver's
license, passport, student identification card, employee identification
card, or alien resident card). If a person fails or refuses to present
photo and age verification upon request of the pawnbroker, the pawnbroker
shall not accept a pledge from that person.
G.
Conviction of certain crimes. If any pawnbroker is convicted of robbery,
burglary, theft, receiving stolen goods or any other crime involving
the unlawful obtaining of personal property, a hearing officer shall,
after notice and hearing, revoke said pawnbroker's license.
H.
Fee. The fee of issuance of a pawnbroker's license shall be
established by Borough Council from time to time.
A.
License required to be a junk dealer. No person shall use, exercise
or carry on the trade or business of junk dealer within the Borough
without first obtaining a license from the License Officer. A junk
dealer's license runs from January 1 to December 31 of each year.
B.
JUNK DEALER
Definition of terms. As used in this chapter, unless the context
indicates otherwise:
Includes any person who shall carry on the business of buying
or selling and dealing in junk and/or scrap metals, including but
not limited to iron, brass, lead, copper, aluminum and other metals
or alloys, or other materials commonly referred to as "junk."
D.
Report to police. Every junk dealer shall, before 12:00 noon of every
Tuesday, deliver to the Department of Police a written description
of all articles of scrap brass, lead, copper or aluminum received
in the course of his business during the business week immediately
previous, together with the numbers of any tickets or receipts associated
with the articles received and a description of the person or persons
selling the articles to the junk dealer, including such person's
name, age and address. This information may be submitted on forms
which may be obtained from the Department of Police or by providing
copies or summaries of the junk dealer's own records. However,
if the junk dealer chooses to submit copies or summaries of his own
records, the records must contain all of the information specified
above in this subsection.
E.
Period of retention of purchased articles. All persons, firms or
corporations licensed under the provisions of this chapter shall keep
and retain on their premises such scrap brass, lead, copper or aluminum,
in the original form, shape or condition in which they received such
goods, for a minimum period of seven days after their purchase of
the same.
F.
Forbidden transactions. No person licensed under this section shall
receive or purchase articles from individuals under 18 years old.
A junk dealer shall require any person who appears to be under 30
years of age to verify that he or she is at least 18 years old by
presentation of a photo identification card listing his/her date of
birth or age (such as a driver's license, passport, student identification
card, employee identification card, or alien resident card). If a
person fails or refuses to present photo and age verification upon
request of the junk dealer, the junk dealer shall not buy any articles
from that person.
G.
Conviction of certain crimes. If any junk dealer is convicted of
robbery, burglary, theft, receiving stolen goods or any other crime
involving the taking of personal property, a hearing officer shall,
after notice and hearing, revoke said junk dealer's license.
H.
Fee. The fee for issuance of a junk dealer's license shall be
determined by Borough Council from time to time.
A.
License required to be a secondhand dealer. Except as otherwise provided
in this section, no person shall engage in the business of being a
secondhand dealer, as defined in this section, without procuring a
license from the License Officer. A secondhand dealer's license
runs from January 1 to December 31 of each year.
(1)
No individual shall be required to obtain a license under this section who engages in isolated or occasional purchases or sales of those items set forth in Subsection B of this section, provided such person maintains no place of business within the Borough, engages in no promotion or advertising and can prove by appropriate records that total sales of the previous year did not exceed $1,500.
B.
SECONDHAND DEALER
Definition of a "secondhand dealer." Except as provided otherwise
in this section:
Includes 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 precious stones, metals, jewelry, any tools, any electrical
devices, 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. Secondhand articles or
goods, for the purpose of this chapter, are any articles or goods
that are purchased, salvaged, or received from any person, association,
copartnership, or cooperation.
(1)
"Secondhand dealer," for purposes of this chapter, does not include
antique stores or dealers, which are defined as businesses which are
exclusively engaged in the sale of objects or items which have special
value because of their age.
(2)
"Secondhand dealer," for purposes of this chapter, shall not be deemed
to include:
C.
Records to be kept. Each and every secondhand dealer shall keep a
book, legibly written in the English language, at the time of acquiring
articles in the course of business, which book shall give:
(1)
An accurate description, including brand names, model numbers, serial
numbers, inscribed initials, dates, names and any other forms of identification
of the article purchased, salvaged or received.
(2)
The name, age, description and address of the person selling, transferring
or trading in same.
D.
Reports to police. Every secondhand dealer shall, before 12:00 noon
of every Tuesday, deliver to the Department of Police a written description
of all articles received in the course of said secondhand dealer's
business during the business week immediately previous, together with
the numbers of any tickets or receipts associated with the articles
received and a description of the person or persons selling the articles
to the secondhand dealer, including such person's name, age and
address. This information may be submitted on forms which may be obtained
from the Department of Police or by providing copies or summaries
of the secondhand dealer's own records. However, if the secondhand
dealer chooses to submit copies or summaries of his own records, the
records must contain all of the information specified above in this
subsection.
E.
Retention of purchased articles. No secondhand dealer shall sell
or dispose of any secondhand articles or goods until seven days have
elapsed after the purchase of the same. However, it shall be an affirmative
defense to any prosecution or administrative proceeding brought for
a violation of this section that, in the case of precious metals,
retention for the time period required would have resulted in serious
and substantial economic losses to the dealer, or the probability
of such losses was significant, due to rapid and highly fluctuating
market conditions, provided the persons so charged shall prove the
existence of the market conditions giving rise to the aforesaid defense
by preponderance of the evidence. Market conditions, in order to be
a defense hereunder, must be such that financial analysts would characterize
trading as at or approaching a level or occurrence in an atmosphere
of panic so as to clearly distinguish trading conditions from normal
variations in market movement in response to economic news or other
events.
F.
Forbidden transactions. No secondhand dealer shall purchase any article
from any person under the age of 18. A secondhand dealer shall require
any person who appears to be under 30 years of age to verify that
he or she is at least 18 years old by presentation of a photo identification
card listing his/her date of birth or age (such as a driver's
license, passport, student identification card, employee identification
card, or alien resident card). If a person fails or refuses to present
photo and age verification upon request of the secondhand dealer,
the secondhand dealer shall not buy any articles from that person.
G.
Conviction of certain crimes. If any secondhand dealer shall be convicted
of robbery, burglary, theft, receiving stolen goods or any other crime
involving the unlawful obtaining of personal property, a hearing officer
shall, after notice and hearing, revoke said secondhand dealer's
license.
H.
Fee. The fee for the issuance of a secondhand dealer's license
shall be established by Borough Council from time to time.
All existing businesses required to be licensed hereunder shall
apply for a license within three months from the passage of this chapter,
and all such applicants shall be charged a fee as established by Borough
Council from time to time, which license shall thereafter be renewed
in accordance with this chapter upon payment of the specified fee
and fulfillment of all other requirements hereunder.
