[HISTORY: Adopted by the Borough Council of the Borough of
Dormont 8-6-2007 by Ord. No. 1553. Amendments noted where applicable.]
The Borough of Dormont hereby authorizes and approves the establishment
of a registration system for pawnbrokers, dealers in precious metals,
secondhand dealers and antique dealers for the purpose of establishing
a body of uniformly produced records that will allow local law enforcement
authorities to track, monitor and share information regarding merchandise
pawned, bought, sold, exchanged, and/or loaned by pawnbrokers, dealers
in precious metals, secondhand dealers and antique dealers.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, partnership, association, corporation or
business entity who or which purchases precious metals from the general
public for resale or refining or any individual who acts as an agent
for such individual, partnership, association, corporation, or other
business organization or entity. Excluded from this definition are
financial institutions licensed under federal or state banking laws,
the manufacturers of jewelry or of other items composed, in whole
or in part, of gold, silver or platinum and the purchaser of precious
metals for his, her, or its use or ownership and not for resale or
refining.
Any individual, partnership, association, corporation, or
other business organization or entity which lends money on the deposit
or pledge of physically delivered personal property or who deals in
the purchase of such property on the condition of selling the property
back again at a stipulated price. The business of pawnbroker does
not include the lending of money on deposit or pledge of title to
property.
Items containing or being of gold, silver or platinum, including
but not limited to jewelry and silver services, but excluding coins,
ingots, bullion or photographic film or any article containing less
that 5% of gold, silver or platinum by weight.
Any individual, partnership, association, corporation, or
other business organization or entity which is regularly engaged in
the business of purchasing or taking upon consignment precious metals,
secondhand or used goods for resale or refining, or an individual
who acts as agent for such individual, partnership, association, corporation,
or other business organization or entity.
A.
All pawnbrokers, dealers in precious metals, secondhand dealers,
or antique dealers shall maintain accurate and complete records of
each transaction in which they purchase or obtain property, precious
metals, secondhand or used goods, and of each transaction in which
they sell or loan such goods. Such records shall be kept on standard
forms provided by the Borough of Dormont Police Department and written
in the English language at the time of the transaction in the course
of business. Such records shall be retained for a period of three
years from the date of the transaction and shall be available for
inspection by law enforcement authorities of the federal government,
the commonwealth, or its municipalities. These records shall, at a
minimum, include all of the following:
(1)
The
name, address, and telephone number of the individual pawning, buying,
selling, exchanging, and/or loaning the item.
(2)
Proof
of the individual's positive identification, e.g., Pennsylvania
driver's license number or Pennsylvania nondriver's license
identification number. In the event that the individual pawning, buying,
selling, exchanging, and/or loaning the item is under the age of 18
years, he/she shall be accompanied by a parent or legal guardian.
The parent or legal guardian must also provide proof of positive identification,
the same being recorded in the merchant's records.
(3)
A complete
and accurate description of the goods pawned, purchased, sold, exchanged,
or loaned, including serial numbers (where applicable).
(4)
The
price for which the item was pawned, purchased, sold, exchanged, or
loaned.
B.
A legible, accurate, and complete copy of these records shall be
delivered to the Police Chief or his designee at his office every
Tuesday before 10:00 a.m. Upon demand, inventory records shall be
open to the Dormont Police Department for its review.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Allegheny County.
