[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 8-22-2013 by Ord. No. 194. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 140.
This chapter may be known and may be cited as the "Middle Smithfield Township Pawn Shop Ordinance" of 2013.
License required. No person shall use, exercise or carry on the business, trade or occupation of buying or selling secondhand or scrap gold, old gold, silver jewelry, home electronics/audio and visual equipment, including musical instruments, telephones and telephonic equipment, cell phones, scales, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, antiques, silver, platinum, copper and all other precious metals, tools of all kinds, televisions, VCR/DVR, camcorders, digital recorders, car stereos, firearms or other valuable articles, hereinafter referred to as "secondhand goods or articles" or, being a secondhand dealer within the Township of Middle Smithfield ("Township") without having first obtained a license from the Township Code Enforcement Officer as hereinafter provided. A "secondhand dealer" is defined as a person, association, corporation or partnership, or other entity, who, wholly or in part, engages in or operates the trade or business of buying or acquiring any goods or articles as mentioned above, or other valuable goods, or articles, except from a regularly established wholesale or retail dealer. Any business required by state law under 37 Pa. Code, Part VII, Precious Metals, Chapter 501, Purchase and Sale of Precious Metals, § 501.1 et seq., will still be required to obtain a permit through the Monroe County Sheriff's Department.
Application fee. The Township shall, from time to time, give and grant licenses to all proper persons, except persons convicted of receiving stolen goods, theft or burglary, who may apply for the same to use, exercise, and carry on the trade or business or occupation of buying secondhand goods or articles, or being a secondhand dealer and/or pawnbroker, which said license shall state where said business is to be carried on and shall continue in force for one year (unless sooner suspended or revoked) and no longer; each person applying for such license, if his/her application be approved in writing by the Township Code Enforcement Officer, shall pay to said official an annual fee of $750, and receive from said official a license to carry out said business. The license so granted shall only be valid for one place of business.
Business on licensed premises only. No person licensed as a secondhand dealer and/or pawnbroker in the Township shall, by virtue of one license, keep more than one place of business for receiving or taking goods in pawn; nor shall he/she, at any time, take goods at any other place than the place for which the license was issued.
All licensees shall conduct their business in conformity with the following procedures:
Each and every person licensed shall carry said license on their person/business for inspection by any law enforcement officer or other Township Code Enforcement Officer. The licensee shall also keep a log in which shall be legibly written in the English language the name of the person who sells the licensee the secondhand good or article, his/her address, date of birth, a valid driver's license, valid state identification card, valid passport or a valid military identification. The licensee shall have a description of the article purchased (which will include any serial numbers and/or service tag number), the date and time purchased, the amount of money paid therefor and the signature of the seller. The log shall be available for review by any Township law enforcement officer and/or Township Code Enforcement Officer.
All licensees shall fill out at the time of transaction a receipt of purchase approved by the Monroe County District Attorney's office, and the licensee shall maintain a copy of the original receipt at the business for a minimum of one year. (These receipts must be available for inspection by any law enforcement personnel or the Code Enforcement Officer upon request.) All transactions must be entered within 48 hours of purchase into the Monroe County Precious Metals website at (http://nepapmdb.com). (No receipts will be faxed, delivered or e-mailed to the District Attorney's office; all receipts must be maintained in the precious metals website.)
All goods purchased by licensees under this chapter must be retained in the possession of the licensee for 30 days.
No licensee shall purchase such secondhand goods or articles or other article of value from any person under 18 years of age, or from any intoxicated person or any person known to be a thief or associate of thieves, or receiver of stolen property, or any person whom the licensee has reason to suspect or believes to be such.
The Township Code Enforcement Officer is hereby authorized to make any other rules and regulations necessary, in his/her opinion for the proper conduct of the person or business licensed, and shall submit such rules to the Board of Supervisors for review and approval.
Any licensee failing, neglecting or refusing to comply with any of the above provisions of this chapter shall, upon summary conviction thereof in a summary proceeding before a district justice of Monroe County, be fined a sum of not more than $300 for the first offense, plus costs, and shall have his/her license suspended for a period of 10 days. This suspension shall be mandatory. In default of payment of such fines and costs, such person shall be imprisoned for a period not exceeding 30 days. Such fines to be collected as like fines are collected in Townships of the Second Class in Pennsylvania.
Every day that a violation continues shall be a separate violation. Each violation shall result in an additional ten-day suspension. A person or entity that violates the provisions of this chapter four times in a three-hundred-sixty-five-day period shall have his/her license revoked for one year.
In addition to the Township Code Enforcement Officer, the following persons are authorized to enforce this chapter on behalf of the Township: any county detective of the office of the Monroe County District Attorney; any duly appointed or commissioned law enforcement officer of the Commonwealth of Pennsylvania, and any other person authorized by the Board of Supervisors by resolution.