The following terms, phrases, words and their derivations
shall have the following meanings:
AGENT
A natural individual, unincorporated association, partnership,
corporation or any other legally recognized entity, and the members
of such partnership and the officers of such corporation, their employees
and contractors, authorized by the Council of the Borough of Ephrata
to provide electronic inventory tracking services for the use of the
Ephrata Police Department to assist in the identification of stolen
merchandise and the investigation of thefts.
[Added 5-8-2017 by Ord.
No. 1530]
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.
Hobbiests are excluded, which are defined as any person who is engaged
in the buying/selling of antiques, toys, precious stones, coins, jewelry,
precious metals and firearms in amounts of less than 50% of total
annual income and who do not operate from a rented or owned area outside
the home. 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 by unredeemed
pledges by or on behalf of licensed pawnbrokers in the manner prescribed
by law, occasional or auction sales of household goods sold from private
homes and auctions of real estate.
BUSINESS
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 Borough.
DEALER IN PRECIOUS METALS
An individual, partnership, association, corporation or business
entity who or which purchases precious metals from the general public
for resale or refining or an individual who acts as agent for the
individual, partnership, association, corporation or business entity
for the purchases. The term does not include financial institutions
licensed under the federal or state banking laws, the purchaser of
precious metals who purchases from a seller seeking a trade-in or
allowance, 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 or her own use
[Added 7-11-2011 by Ord. No. 1475]
ELECTRONIC INVENTORY TRACKING SYSTEM
A secure, confidential electronic database system authorized
by the Council of the Borough of Ephrata, designed for law enforcement
agencies to assist the tracking and identification of certain personal
property, and that provides to each authorized user login security
protocols that employ technologies to protect acquired data from unauthorized
access and malicious intrusion.
[Added 5-8-2017 by Ord.
No. 1530]
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."
LICENSE
Such document(s) as the Chief of Police or his or her designated
representative shall prescribe by rule or regulation as evidence that
the provisions of this chapter have been properly followed.
PAWNBROKER
Any person who:
(1)
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;
(2)
Purchases personal property with an express
or implied agreement or understanding to sell it back at a subsequent
time at a stipulated price; or
(3)
Lends money upon goods, wares or merchandise
pledged, stored or deposited as collateral security.
PERSON
Individual natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts or corporations,
or any officers, agents, employees, factors or any kind of personal
representative of any of the above, in any capacity, acting either
for himself or for any person, under either personal appointment or
pursuant to law.
PLEDGE
An article or articles deposited with a pawnbroker as security
for a loan in the course of his or her business as defined under "pawnbroker."
PLEDGOR
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 or she is or was acting for another, in which case a "pledgor"
means the disclosed principal.
POLICE CHIEF
The Chief of Police of the Ephrata Borough Police Department
or his or her designated representative.
POLICE
The publicly supported Police Department of the Borough of
Ephrata.
PRECIOUS METALS
Items containing or being of gold, silver or platinum, including,
but not limited to, jewelry and silver services. The term does not
include coins, ingots, bullion or photographic film or articles containing
less than 5% of gold, silver or platinum.
[Added 7-11-2011 by Ord. No. 1475]
PREMISES
All lands, structures, places and also the equipment and
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.