[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne 3-9-2017 by Ord. No. 743. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 283.
As used in this chapter, the following terms shall have the
meanings indicated:
A person, association, corporation or partnership, or other entity, which primarily engages in or operates the business of buying, acquiring and/or selling scrap metal as mentioned in § 411-2.
A person, association, corporation or partnership, or other entity, which primarily engages in or operates the business of lending money on the deposit or pledge of personal property, buying, acquiring and/or selling any used goods or articles as mentioned in § 411-2.
A.
Permit required. No person shall use, exercise or carry on the primary
business, trade or occupation of buying or selling scrap gold, old
gold, silver jewelry, scrap metals, home electronics/audio and visual
equipment, including musical instruments, telephones and telephonic
equipment, cameras, cell phones, scales, computers, computer hardware
and software, sporting goods of all kinds, collectables, silver, platinum,
brass, 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 Borough of Lemoyne
without having first obtained a permit from the Borough as hereinafter
provided.
B.
Application and fee.
(1)
Persons applying for a permit shall apply to the Borough of Lemoyne.
The applicant applying for said permit shall pay an annual fee of
$100 to the Borough. The Borough will then forward the approved application
to the West Shore Regional Police Department.
(2)
The permit so granted shall only be valid for one place of business.
C.
Business on licensed premises only. No person permitted as a secondhand
dealer and/or pawn shop broker in the Borough shall, by virtue of
one license, keep more than one place of business for receiving or
taking goods in pawn; nor shall be, at any time, take goods at any
other place than the place for which the permit was issued.
All permitted persons/businesses shall conduct their business
in conformity with the following procedures: The permitted person/business
shall also keep a log in which shall be legibly written in the English
language the name of the person, his/her address, date of birth, a
valid driver's license, valid state identification card, valid passport
or a valid military identification. The permitted person/business
shall have a description of the article purchased (which will include
any serial numbers and/or service tag number), a picture, the date
and time purchased, the amount of money paid therefor and the signature
of the seller. The log and goods received shall be available for review
by any law enforcement officer and/or Borough Zoning Officer/Codes
Enforcement Officer.
A.
All permitted persons/businesses shall fill out at the time of transaction
a receipt of purchase approved by the West Shore Regional Police Department
and the dealer will 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 Borough Zoning
Officer/Codes Enforcement Officer upon request).
B.
All goods purchased by permitted person/business under this chapter
must be retained in the possession of the licensee for 20 days and
must remain in the County of Cumberland during the waiting period.
This requirement shall not apply to the redemption of a lawfully pledged
article by the pledger.
C.
No permitted person/business 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 permitted person/business has reason to suspect
or believes to be such.
A.
Any permitted person/business 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 Magisterial
District Judge of Cumberland County, be fined a sum of not less than
$100 nor 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.
B.
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
permit revoked for one year.
The provisions of this chapter are severable. If any part of
this chapter is declared to be unconstitutional, illegal or invalid,
the validity of the remaining provisions shall be unaffected thereby.
It is the intention of the Board of Supervisors that this chapter
would have been adopted had such unconstitutional, illegal or invalid
part not been included.
