[HISTORY: Adopted by the City Council of the City of Shamokin 12-10-2012 by Ord. No. 12-10. Amendments noted where applicable.]
This chapter shall be known as the "City of Shamokin Antique
Dealers and Secondhand Goods Dealers Ordinance."
The following words, when used in this chapter, shall have the
meaning as set forth below:
Any person who either wholly or in part engages in or operates
the trade or business of buying, selling, exchanging, or transferring
used or secondhand goods.
A Pennsylvania driver's license or Pennsylvania nondriver's
identification, valid U.S. passport, or military identification.
Items of personal property that have been previously purchased
at retail.
A.
All antique dealers and secondhand goods dealers who either a) maintain
a business establishment within the City of Shamokin or b) enter into
a transaction for the purchase, sale or exchange of any secondhand
good or goods within the City of Shamokin shall obtain a license from
the City of Shamokin Police Department on an annual basis for the
term commencing the first day of January of each and every year, and
pay an annual fee set by City Council of the City of Shamokin by resolution
from time to time.
B.
It shall be unlawful for any person to engage in business as an antique
dealer or secondhand goods dealer without a license.
A.
Acquisition of secondhand goods by purchase, exchange, or transfer
or any other means.
(1)
All antique dealers and secondhand goods dealers shall keep complete
and accurate records of any and all secondhand goods acquired by purchase,
exchange, transfer, or any other means on forms provided by the City
of Shamokin Police Department.
(2)
The records shall contain the following:
(a)
The name, address, and telephone number of the person selling,
exchanging, or transferring the item of personal property.
(b)
The nature of the identification shown by the person and any
applicable identification number.
(c)
The description, including make, model, and serial number, where
applicable, of the item purchased, exchanged, or transferred.
(d)
The price for which the item was purchased. If the item was
traded or exchanged, the value of the item that was traded or exchanged.
(e)
The date of the transaction.
B.
Disposition of secondhand goods by resale, exchange, transfer or
any other means.
(1)
All antique dealers or secondhand goods dealers shall keep complete
and accurate records, on forms provided by the City of Shamokin Police
Department, of all secondhand goods that are disposed of by resale,
exchange, transfer or any other means.
(2)
The records shall contain the following:
(a)
The name, address, and telephone number of the person who received
the item of personal property by purchase, exchange, transfer, or
any other means.
(b)
The nature of the identification shown by the person and any
applicable identification number.
(c)
The description, including make, model, and serial number, where
applicable, of the item purchased, exchanged, transferred or disposed
of by any other means.
(d)
The price for which the item was purchased. If the item was
traded or exchanged, the value of the item that was traded or exchanged.
(e)
The date of the transaction.
C.
Delivery of records to the Police Department. A legible, accurate,
and complete copy of the above records shall be delivered, in person,
by first-class mail, or by facsimile transmission, to the City of
Shamokin Police Department every Tuesday before 10:00 a.m.
In the event the individual selling, exchanging, or transferring
the item of personal property 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 identification as set forth
above, which shall be recorded in the records of the antique dealer
or secondhand goods dealer.
If any item of personal property is to be changed, modified or altered in any way, including but not limited to melting or smelting, the antique dealer or secondhand goods dealer will photograph the object and immediately notify the City of Shamokin Police Department by telephone. The notification shall include a description of the item. The item of personal property shall not be altered within the 48 hours following the notification to the City of Shamokin Police Department or until the expiration of the holding period as set forth in § 136-8, below, whichever is later.
Upon demand, inventory records relating to items of personal
property subject to this chapter shall be made available to the City
of Shamokin Police Department for inspection. A written record containing
the above information must be kept of all transactions in the course
of business, and retained subject to this chapter for a period of
not less then three years from the date of the transaction.
All antiques or secondhand goods dealers must retain all items
received in the course of business at the business location where
the transaction occurred. All property must be kept in the original
condition as it was initially received at the time of purchase, exchange,
transfer or other method of acquisition. All coins, coin collections,
jewelry, and precious metals (gold, silver and platinum) shall be
kept in such original condition for a period of 10 business days from
the date of purchase, exchange, transfer or other method of acquisition.
All other property shall be kept in such original condition for a
period of five business days from the date of purchase, exchange,
transfer or other method of acquisition. Such property will be made
available for inspection to any police officer engaged in the performance
of his/her duties.
All antique dealers and secondhand goods dealers shall provide
either oral or written communication to the City of Shamokin Police
Department within two business days of any unusual or suspicious transaction
or attempted transaction that is customarily associated with the sale,
exchange, or transfer of stolen property. Such communication shall
be made when the transaction includes, but is not limited to, the
following:
No antique dealer or secondhand goods dealer shall accept any
item of personal property where a serial number or identifying mark
has been defaced, altered, or marred.
The provisions of this chapter shall not apply to secondhand
goods purchased at auctions, estate sales, yard sales, or flea markets.
A.
The license of an antique dealer or secondhand goods dealer may be
suspended or revoked for violation of any provision of this chapter
after proper notice setting forth the reasons for the suspension or
revocation.
B.
The license of an antiques dealer or secondhand goods dealer may
be suspended or revoked for making false reports to law enforcement
authorities with regard to items of personal property and/or with
regard to the requirements of this chapter.
A.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof in a summary proceeding, be sentenced to either
pay a fine of not less that $100 nor more than $1,000, which shall
be paid to the use of the City of Shamokin, with costs of prosecution,
or to be imprisoned for not more than 10 days, or both.
B.
Nothing in this chapter shall prevent any person who provides false
reports or information to the City of Shamokin Police Department from
being prosecuted for making false reports to law enforcement authorities
under applicable laws of the Commonwealth of Pennsylvania.
