[HISTORY: Adopted by the Board of Supervisors of the Township of West Donegal as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-2015 by Ord. No. 217-2015]
Editor's Note: This ordinance provided an effective date of 10-1-2015.
This article shall be known and may be cited as the "West Donegal Township Secondhand Dealers Ordinance."
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 discretionary.
- ANTIQUE OR SECONDHAND DEALER
- 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.
- BOARD OF SUPERVISORS
- The governing body of the Township.
- 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 antique or secondhand dealer, junk dealer or pawnbroker.
- JUNK DEALER
- 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 Police Chief shall prescribe by rule or regulation as evidence that the provisions of this article have been properly followed.
- Any person who:
- A. 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
- B. Purchases personal property with an express or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or
- C. Lends money upon goods, wares or merchandise pledged, stored, or deposited as collateral security.
- An individual natural person, partnership, joint venture, society, association, club, trustee, trust, or corporation, or any officer, agent, employee, factor or any kind of personal representative 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.
- POLICE DEPARTMENT
- The Northwest Regional Lancaster County Police Department or any successor municipal or multimunicipal police department having jurisdiction within the corporate boundaries of the Township.
- POLICE CHIEF
- The Chief of Police of the Police Department.
- All lands, structures, places and also the equipment or 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.
- The Township of West Donegal, Lancaster County, Pennsylvania.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to exercise or carry on trade or business within the Township without first obtaining a license from the Township and displaying it in a place where it may be seen at all times.
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 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
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 government-issued identification, which, at a minimum, shall include a photograph of the individual, the date of birth of the individual, the individual's name and address, and either the individual's motor vehicle operator's number, passport number, or the social security number or, if the individual does not have such a government-issued identification, such other proof of identity as the Police Chief shall provide by regulation.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to fail to keep or forward records to the Police Department or fail to keep other records and books as required by this article. 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.
It is unlawful for any pawnbroker, junk dealer, or antique or secondhand dealer to fail to permit the Police Department all reasonable inspections of his business and examinations of his books containing information required to be kept by this article if the Police Department has reasonable suspicion that the pawnbroker, junk dealer, or antique or secondhand dealer has violated this article.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to operate his business after his license is revoked or suspended.
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.
It is unlawful for any pawnbroker, junk dealer or antique or secondhand dealer to fail to keep in the 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 electronic report to the Police Department. In the case where retention for the time period 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 location 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 Department upon the completed report form required to be turned in to the Police Department.
It is the intent of the Township to comply with the provisions of Chapter 61 of the Crimes Code. To the extent that the provisions of § 84-3H are inconsistent with Section 6111, Sale or Transfer of Firearms, Section 6111 shall apply. To the extent that a firearm is exempt from Section 6111 (i.e., any firearm manufactured on or before 1898; any firearm with a matchlock, flintlock or percussion cap type of ignition system; and certain replicas of firearms manufactured before 1898), the provisions of § 84-3H shall apply.
Editor's Note: See 18 Pa.C.S.A. § 6111.
Every person desiring to engage in those acts referred to in § 84-3A must obtain a license from the Township.
To obtain a license, persons must complete a written application which shall contain such information as is reasonably required by the Police Chief but which, at a minimum, shall include a sworn affidavit that the information furnished is true and correct.
Upon receipt of the completed application accompanied by the required fee, the Police Department shall have 15 working days to investigate the applicant, to process the application, and to grant or deny a license.
Licenses shall be denied if:
The applicant does not agree to comply or fails to comply with the requirements of this article and rules and regulations adopted pursuant to this article; or
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
The applicant has been convicted of the crime of burglary, theft or receiving stolen goods; or
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 article.
If the application is approved, the Police Chief or his designated representative is authorized to sign and issue the license.
If a license is denied, the applicant shall be notified in writing of the denial and the basis thereof. If the reasons for the 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 § 84-7.
All persons subject to this article shall pay an annual license fee as established by ordinance or resolution of the Board of Supervisors.
Any license issued may be suspended or revoked by the Police Chief for any of the reasons below:
The practice of any fraud, deceit, misrepresentation or furnishing false information in obtaining or attempting to obtain a license.
The practice of fraud, deceit, misrepresentation or furnishing false information in the course of carrying on the licensed business.
The conviction of any of the unlawful activities set forth in this article for the particular business license involved.
Violation of or noncompliance with the provisions of this article or rules and regulations issued under the authority of this article.
Loaning, borrowing or using a license of another or knowingly aiding and abetting in any way the granting of improper licenses.
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.
When the Police Chief decides to suspend or revoke a license issued under this article, he shall cause notice to be sent to the licensee, which shall contain the reasons for suspension or revocation.
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 Board of Supervisors.
Appeals shall be filed within 15 days after receipt of notice from the Police Chief. Appeals shall be made by filing with the Township Secretary a letter of appeal, briefly stating therein the basis for the appeal, together with the required fee.
A hearing 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.
At the hearing, 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 Police Chief 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.
The Board of Supervisors shall issue a written decision on any appeal.
Responsibility of the Police Department.
The Police Department shall enter into an agreement with an online entity which operates an electronic database for law enforcement agencies for the purpose of identifying stolen merchandise and persons suspected of thefts.
The entity chosen by the Police Department to administer the electronic inventory tracking system shall insure that all data remain secure and confidential by providing to each dealer login security protocols which meet current industry standards and shall employ state-of-the-art technology to protect the data from all forms of unauthorized access and malicious intrusion.
Responsibility of dealers.
Each dealer doing business in the Township shall, within 30 days of the adoption of this article, maintain an electronic inventory tracking system which is capable of securely and confidentially uploading information relating to all items purchased from persons for later resale by the dealer, which shall include a detailed description and photograph of each item from the transaction, via computer to the entity designated by the Police Department.
No later than the conclusion of each business day, every dealer must upload in the manner specified by the Police Department the required tracking information for all items purchased from persons for later resale by the dealer that occurred during the course of business on that day.
The Police Chief may promulgate such rules and regulations as are necessary for administration and enforcement of this article. Any such rules and regulations promulgated shall be approved by the Board of Supervisors and shall be available for public inspection.
In addition to refusal or revocation of a license as provided under this article, any person, as defined in this article, or any officer, agent, servant or employee thereof, who shall fail, neglect, or refuse to comply with any of the provisions of this article, shall be subject to a penalty of $250 for each violation, which penalty assessed in accordance with applicable law.
When the penalty imposed for violation of this article in § 84-10A is not voluntarily paid to the Township, the Township may institute a civil enforcement proceeding before the Magisterial District Judge in accordance with the applicable rules of court seeking a penalty of not less than $250 and not more than $600 per violation.
In any case where a penalty for violation of this article has not been timely paid and the person upon whom the penalty was imposed is found to be liable in civil enforcement proceedings, the violator shall pay the penalty imposed, including additional daily penalties for continuing violations plus court costs, including reasonable attorneys' fees incurred by the Township in the enforcement proceedings.