[Amended 6-8-1987 by Ord.
No. 382]
A. Definitions.
ANTIQUE DEALER or SECONDHAND DEALER
Any person who engages in or operates a trade or business
of buying or selling used goods, including but not limited to antiques,
precious stones, stained glass, metals, jewelry, tools, electrical
devices, fixtures, appliances, household goods, firearms and bric-a-brac.
The foregoing shall not be deemed to be exclusive nor all inclusive
and shall also include any item purchased, salvaged or received from
any third person, association or business entity. This definition
shall not include the following:
(3)
Sales of unredeemed pledges by or in behalf of a licensed pawnbroker
in the manner prescribed by law.
(4)
Occasional or auction sales of household goods sold from private
homes.
(6)
Sales of any type whatsoever by charitable, religious or nonprofit
organizations.
(7)
Sales by any business engaged in selling of new products and,
in connection therewith, receiving and reselling of trade-ins.
DEALER IN PRECIOUS METALS OR COINS
An individual, partnership, association, corporation or business
entity who or which purchases precious metals or coins for resale
or refinancing or any individual who acts as agent for such individual,
partnership, association, corporation or business entity for such
purchase or purchases. Excluded from this definition are financial
institutions licensed under federal or state banking laws, the manufacturers
of jewelry or other items composed, in whole or in part, of gold,
silver or platinum and the purchase of precious metals for his, her
or its own use or ownership.
[Added 3-12-1982 by Ord.
No. 342]
B. Records to be kept. Each and every antique and secondhand dealer
shall keep a book legibly written in the English language at the time
of acquiring articles in the course of business which shall include:
(1) A full and accurate description of all articles purchased, salvaged
or received, including brand names, model number, serial number, inscribed
initials, dates or names and any other forms of identification.
(2) The date and time of purchasing, salvaging or receiving the same.
(3) The amount of money paid therefor.
(4) The description of the person from whom the article was purchased,
salvaged or received, including that person's name, address,
date of birth, sex, race and operator's number.
C. Report to police. All antique and secondhand dealers shall daily,
before 12:00 noon of the following day of business, provide a written
report to the Bureau of Police containing a complete description of
all articles received in the course of his respective business during
the previous business day, together with the name of the person, age,
date of birth, sex, race and operator's number. Forms for purpose
are to be provided by the Bureau of Police.
D. Forbidden transactions. An antique or secondhand dealer shall not
accept a pledge from a person under the age of 18 years nor from any
intoxicated person or any known thieves.
E. Retention of purchased articles. All antique or secondhand dealers shall retain on their premises in the original form, shape and condition in which they were received and shall not sell or dispose of in any way any goods received by him in the course of business until seven days have elapsed from time of furnishing to the police a form containing the information on such articles as required by Subsection
C.
It shall be an affirmative defense to any prosecution or administrative
proceeding brought for the violation of any section of this chapter
pertaining to the retention of articles obtained in the course of
business operations that, in the case of precious metals, retention
for time period required would have resulted in serious and substantial
economic losses to the dealer or the probability of such losses was
significant due to rapid and highly fluctuating market conditions,
provided that the persons so charged shall prove the existence of
the market conditions giving rise to the aforesaid defense by a preponderance
of the evidence. Market conditions, in order to be a defense hereunder,
must be such that financial analysts would characterize trading as
at or approaching clearly distinguished trading conditions from normal
variations in market movement in response to economic news or other
events.
[Amended 4-13-1998 by Ord. No. 432]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine of not more than
$600, plus costs of prosecution, and in default of payment of such
fine and costs by imprisonment for not more than 30 days. Each day
during which a violation continues shall constitute a separate offense.
[Added 3-12-1982 by Ord.
No. 342; amended 4-13-1998 by Ord. No. 432]
All pawnbrokers, antique or secondhand dealers, dealers in precious
metals or coins and transient merchants shall be licensed by the Borough
of Dallastown. Said license shall be obtained from the Borough Secretary
at a fee per year and shall be valid from January 1 to December 31.
The particular fee as imposed and established will be set by resolution
of the Borough Council. Businesses opening or going out of business
during the year shall pay a prorated amount. This license does not
eliminate pawnbrokers from complying with the Pawnbrokers Licensing
Act of April 6, 1937, P.L. 200, as amended June 20, 1947, P.L. 701;
March 10, 1949, P.L. 305; and May 20, 1949, P.L. 1485.