[Ord. No. 2016-03, 9-7-2016]
This article shall be known and may be cited as the "West Pottsgrove
Township Pawnbrokers Ordinance."
[Ord. No. 2016-03, 9-7-2016]
It is the specific intent of this article to promote the safety,
morals and general welfare of the inhabitants of West Pottsgrove Township
in their person and property by holding pawnbrokers accountable for
the proper reporting procedures deemed necessary by the Police Department
to assist in recovering the stolen property of its inhabitants.
[Ord. No. 2016-03, 9-7-2016]
In interpreting and applying the provisions of this article,
minimum requirements for the promotion of the public safety, comfort,
convenience and general welfare should be followed. Where the provisions
of this article impose greater restrictions than those of any statute,
other ordinance or regulation, the provisions of this article shall
be controlling. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this article, the provisions
of such statute, other ordinance or regulation shall be controlling.
[Ord. No. 2016-03, 9-7-2016]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section:
Any individual, partnership, association, business corporation,
nonprofit corporation, common law trust, joint-stock company or any
group of individuals, however organized, applying for a license to
act as a pawnbroker under this article and/or any person appearing
as owner, partner, officer, director, trustee or other official of
a partnership, association, business corporation, nonprofit corporation,
common law trust, joint-stock company or any group of individuals,
however organized, on such application for license under this article.
A valid identification document issued by a state or federal
government, bearing a photograph and containing identifying data such
as name, date of birth, gender, physical description, and current
address of the person bearing the card, and, if available, at least
one other corroborating means of identification; otherwise, identification
sufficient to reliably establish the person's true identity.
Any person who:
Engages in the business of lending money on the deposit or pledge
of personal property, securities or written evidences of indebtedness;
Purchases personal property with an expressed or implied agreement
or understanding to sell back at a subsequent time at a stipulated
price; or
Lends money upon goods, wares or merchandise pledged, stored
or deposited as collateral security.
The business of a pawnbroker, as defined in this article.
An individual, partnership, association, business corporation,
nonprofit corporation, common law trust, joint-stock company or any
group of individuals, however organized.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his/her business as defined in this article.
The person who obtains the loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he/she is or was acting for another, in which case "pledger"
means the disclosed principal.
A purchase, sale or loan by a pawnbroker.
Weekdays Monday through Friday, but not including any national
holidays.
[Ord. No. 2016-03, 9-7-2016]
A.
License. No person shall act as a pawnbroker in West Pottsgrove Township
unless licensed by the Township to engage in such business. No license
shall be issued to the applicant by the Township unless the applicant
has been licensed first by the Commonwealth of Pennsylvania as required
by the Pawnbrokers License Act, 63 P.S. § 281-1 et seq.,
as amended.
B.
License Certificate. No person shall be licensed to act as a pawnbroker
in West Pottsgrove Township unless he/she has obtained a license certificate
from the Township for each location from which he/she seeks to engage
in business as a pawnbroker. The license certificate shall be posted
in a conspicuous place in the pawnbroker's place of business
so that it is easily visible to members of the public.
C.
Renewal. A person seeking to obtain a license certificate shall pay
an annual license certificate fee for each location from which he/she
seeks to engage in business as a pawnbroker.
1.
The license year begins January 1. All licenses expire January 1
next following the date of issuance, regardless of the date of issuance,
and must be renewed by the applicant on or before the date of expiration
with the Township, for a fee.
2.
The license certificate fee is as set from time to time by resolution
of the Commissioners.
[Ord. No. 2016-03, 9-7-2016]
A.
Pawnbrokers shall create and maintain digital records of all business
transactions. These records are to be kept in the English language.
B.
Identification of Pledger. All records shall contain an accurate
description of the person making the pledge, including:
1.
The name, age and address of the pledger, which the pawnbroker shall
verify by requiring proper identification to ensure the accuracy of
the represented information;
2.
A scan or digital photocopy of the identification furnished by the
pledger to verify his/her identity;
3.
An accurate physical description of the pledger, including race,
gender, eye and hair color and identifying marks;
4.
A digital photograph of the pledger. The photograph shall be in color
and shall be of the front of the pledger's face, not his/her
profile. When possible, the person's torso should also be visible
in the photograph; and
5.
A clearly visible thumbprint of the pledge on a form approved by
the West Pottsgrove Township Police Department.
C.
Record of Transaction. All records shall contain an accurate description
of the pledge and the transaction, including:
1.
The make, model, serial number, model number, description, color
and special markings of the pledge, along with the date, time and
location of the transaction and the currency amount paid to the pledger;
and
2.
A digital photograph of the pledge, which shall be in color and of
sufficient clarity to enable identification of the pledge.
D.
Remittance. A copy of all records required by this article shall
be forwarded to the West Pottsgrove Township Police Department within
five working days of the transaction.
E.
Retention. All records required by this article shall be retained
for a period of two years after the date of the payment of any loan,
or when the loan is not paid, two years after the date of the sale
of the pledge. These records shall be available for inspection by
any law enforcement officer during this period.
[Ord. No. 2016-03, 9-7-2016]
A pawnbroker may seize any property offered in the pledge which
he/she has reason to believe is stolen property. The pawnbroker shall
issue a seizure receipt to the person presenting such property in
pledge and shall immediately deliver the seized property, together
with a copy of the seizure receipt, to the West Pottsgrove Township
Police Department. If the property is identified stolen by the Police
Department, such property shall be held until there is a final resolution
as to the ownership of the property; or, in the case of an individual
claiming ownership, the pawnbroker shall immediately notify the Police
Department and such property shall be held until there is a final
resolution as to the ownership of the property. A property receipt
of the pledge seized and held as such shall be issued to the pawnbroker
by the Police Department.
[Ord. No. 2016-03, 9-7-2016]
A.
Holding Period. The pledge shall be kept in an unaltered condition
and available for inspection by law enforcement officials in the course
of their law enforcement duties for 10 working days after report of
its purchase has been filed with the Police Department. During the
holding period, the pledge shall be segregated from other inventory
to ensure that it is not placed in an area or section where personal
property is offered for sale. Where any item is held off-premises,
the pawnbroker shall make the item available for inspection within
24 hours after receiving a request for inspection by law enforcement
officials.
B.
Inspection. A search warrant shall not be required unless the inspection
is made during hours other than those when the pawnbroker is open
for business. Any law enforcement official who has reason to believe
any item was not sold or exchanged by the lawful owner may direct
the pawnbroker to hold the item for a reasonable length of time that
the law enforcement official considers necessary to identify it.
[Ord. No. 2016-03, 9-7-2016]
A pawnbroker shall not accept a pledge from any person under
the age of 18 years.
[Ord. No. 2016-03, 9-7-2016]
A.
Fines. Any person, firm or corporation who violates or fails, neglects
or refuses to comply with any provision of this chapter shall pay
a fine not exceeding $600 plus costs and, in the event of default
on payment thereof, to a term of imprisonment not to exceed 90 days.
Each day that a violation of this chapter continues or, in the case
of multiple violations of this chapter, each day that a violation
of each section of this chapter continues shall constitute a separate
offense.
B.
Suspension of License. In addition to the fines listed in Subsection A, a pawnbroker who violates this chapter or any section thereof shall be subject to suspension of his/her operating license for a period of 30 days.
1.
Pursuant to the Pawnbrokers License Act, 63 P.S. § 281-1
et seq., as amended, the Township shall provide written notice of
the suspension to the Secretary of Banking for the Commonwealth of
Pennsylvania. The Secretary of Banking shall then conduct a hearing
to ascertain if the pawnbroker's license shall be revoked.
2.
No license certificate shall be issued when any pawnbroker's
license has been revoked by the Secretary of Banking for the Commonwealth
of Pennsylvania, where the pawnbroker retains a property interest
in the location where the license was suspended or where the pawnbroker
retains a pecuniary interest in the corporation or any affiliated
business entities therein.
C.
Cease Operations. During any period of license suspension, the pawnbroker
shall cease operation at each and every location of the pawnbroker's
business.
1.
Cease Operations Order. The Code Enforcement Officer or his designee
shall issue a cease operations order for each business location operated
by the pawnbroker whose license(s) has/have been suspended in accordance
with the West Pottsgrove Township Code.
a)
The cease operations order shall identify the prohibited operations
and shall state that the applicable license has been suspended for
a violation(s) of the Code.
b)
The cease operations order shall be in force for the full period
of any license suspension and shall set forth the period in the order.
c)
The Code Enforcement Officer or his designee shall not remove any
posted cease operations order until he/she is satisfied that all suspended
licenses have been restored, or the property interests in the location
have changed so that neither the person under license suspension nor
any member of that person's immediate family, or in the case
of a corporation, the corporation or any affiliated business entities,
retain a pecuniary interest therein.
2.
License at Cease Operations Location. No person shall be issued a
license for a business location that has been posted with a cease
operations order, as long as any person under a license suspension
or revocation, or any member of that person's immediate family,
or in the case of a corporation, the corporation or any affiliated
business interests, retain a pecuniary interest in the property at
that location.
