[Adopted 5-28-1997 by Ord. No. 1764]
As used in this article, the following terms shall have the meanings
indicated:
The head of the Police Department of the Township of Ridley, regardless
of whether said position is entitled "Captain," "Chief," "Superintendent"
or other similar title.
Any person, firm or corporation engaged in the business of:
Lending money on the deposit or pledge of personal property, other than
choses in action, securities or written proof of indebtedness; or
Purchasing personal property with an express or implied agreement or
understanding to sell it back at a subsequent time at a stipulated price;
or
Lending money upon goods, wares, or merchandise pledged, stored, or
deposited as collateral security.
The card, book, receipt or other record furnished to the pledgor
at the time a loan is granted containing the terms of the contract for a loan.
An article, or articles, deposited with a pawnbroker as security
for a loan in the course of his business as defined in the definition of PAWNBROKER.
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
is or was acting for another, in which case a pledgor means the disclosed
principal.
It shall be unlawful for any person to conduct or transact a pawnbroker
business or pawnshop in the Township of Ridley without first having procured
a license therefor as hereinafter provided. All such licenses must be renewed
annually.
A.
The application for a pawnbroker's license shall
state:
(1)
The name of the person, and in case of a firm or corporation,
the names of all the partners in such firm, or of the directors, officers,
and stockholders of such corporation.
(2)
The address of the residence of the applicant, or in
the case of a firm or corporation, the address of said firm or corporation.
(3)
The address where the business is to be conducted.
(4)
The types of goods the pawnbroker is willing to accept
as pledges.
(5)
At least three persons of good character that may be
used as character references for the applicant.
(6)
The name of one person, not living at the same address
as the applicant, who will always know where the applicant is living if the
applicant should ever move.
(7)
Information as to whether the applicant, or, in the case
of a firm or corporation, any of the partners, directors, officers or stockholders,
have ever been convicted of a felony.
B.
All initial applications for a pawnbroker's license
shall be accompanied by the application fee as set from time to time by resolution
of the Board of Commissioners. Renewal applications shall be accompanied by
a fee as set from time to time by resolution of the Board of Commissioners.
[Amended 10-25-2000 by Ord. No. 1808]
A.
No such license shall be issued to any person, corporation,
partnership or association, other than the real and actual proprietor of the
business, and place of business for which it is issued. All applications for
pawnbroker's licenses or renewals thereof shall be presented to the Township
Board of Commissioners at a regular meeting thereof. No application shall
be acted upon until a recommendation for or against the application is received
from the Captain of Police, provided that the Board of Commissioners shall
not be bound by the Captain's recommendation.
B.
In addition, no pawnbroker's license shall be issued.
without adequate proof that a pawnbroker's license has been issued by
the Commonwealth of Pennsylvania to the individual, corporation, or other
association listed in the application at the address specified in the application.
The applicant shall file, upon approval of the application, a bond running
to the Township, conditioned for the faithful observance of all provisions
of this article respecting pawnbrokers, during the continuance of such license,
and any renewal thereof, for not more than one year. This bond shall be in
the sum of $1,000 dollars, with a corporate surety, or two or more individual
sureties. In the case of individual sureties, such bond shall have attached
a verification to the effect that the sureties are residents within Delaware
County and each is worth the amount specified in such bond, over and above
all just debts and liabilities, and exclusive of property exempt from execution.
All licenses issued for the operation of a pawnshop under this article
shall contain the name of the person to whom it is issued, the address of
the place of business and the valid dates of the license. It shall be unlawful
for any person to conduct or transact a pawnbroker business in the Township,
unless he shall keep posted in a conspicuous place in the place of business
the license certificate therefor, and a copy of all ordinances relating to
pawnbrokers.
If a pawnbroker shall not conduct said business for a period of 90 days,
the license shall be null and void. Pawnbroker's licenses shall not be
transferable to any other person except by a majority vote of the Township
Board of Commissioners, and the filing of an application and a new bond by
the person to whom such license is or may be transferred or assigned. It shall
be unlawful for any person to do business or attempt to do business under
a license transferred to him without such approval of the Board of Commissioners.
A pawnbroker shall not charge, contract for, or receive interest or
charges in excess of the maximum amount specified under Pennsylvania law.
A pawnbroker shall, at the time of payment, furnish to the pledgor a receipt
showing the number of the pawn ticket on which the payment is made, the date
of payment, the amount paid on principal of the loan, the amount paid for
interest, and fees for storage, insurance, investigation and other services
contemplated by this section, and the amount, if any, paid to the pawnbroker
for cleaning, pressing, repairing or other similar services to the pledged
personal property, which have been requested by the pledgor. A duplicate copy
of every receipt issued shall be retained by the pawnbroker for his records.
A.
At the time of granting a loan, and upon the subsequent
renewal of any loan, the pawnbroker shall furnish to the pledgor a pawn ticket
which is serially numbered and shall contain the following information:
(1)
Name and address of the pawnbroker.
(2)
Name and address of the pledgor.
(3)
Name and address of the secured principal, if any.
(4)
The date of the loan.
(5)
The amount actually loaned.
(6)
The serial number of the loan.
(7)
Description of the pledge.
(8)
Due date of the loan.
(9)
The total amount of principal, interest and charges required
to redeem the pledge on the due date.
(10)
A statement setting forth that the pledge may be sold
after 90 days of the due date of the loan if not redeemed. A duplicate copy
of the pawn ticket shall be retained by the pawnbroker for his records. The
pawnbroker shall require the pledgor to surrender the original pawn ticket
when the pledge is released, or the loan is renewed.
B.
A separate pawn ticket shall be furnished for each and
every item pledged.
Every pawnbroker shall keep a book in which shall be entered and legibly
written in ink, at the time of each loan or receipt of personal property,
an accurate account and description of the goods, articles or things pawned,
or received, the amount of money loaned or advanced thereon, the number of
the pawn ticket given to the pledgor, the time when redeemable, the time,
both day and hour, of pawning or receiving such goods, articles or things,
and the name, residence, age, sex, color and description as near as possible
of the person pawning or delivering the goods, articles or things. No entry
made in such book shall be erased, obliterated or defaced. The book, as well
as every article or thing pawned, pledged or deposited, shall at all reasonable
times be open to inspection by the Captain of Police or any officer directed
by the Captain.
At the time of granting an original loan, the pawnbroker shall enter
upon his records a description of the pledgor so as to identify the pledgor,
including the pledgor's name, address, motor vehicle operator number,
and social security number, or if the pledgor does not have this information,
any other proof of identity required by the Commonwealth of Pennsylvania.
The pawnbroker shall retain for his records a photocopy of the pledgor's
social security card and motor vehicle operator's number, if the pledgor
has such information. The pledgor may, by delivery of the pawn ticket, assign
all of his right, title and interest in a pawn ticket and the pledge described
therein, except as otherwise provided under the laws of Pennsylvania. The
person presenting a pawn ticket to the pawnbroker shall be presumed to be
the pledgor and shall be entitled to redeem the pledge, and the pawnbroker
shall deliver the pledge to the person presenting such pawn ticket upon payment
of principal, interest, and charges on the loan, and upon surrender of the
pawn ticket.
Notice of a pawn ticket which has been lost, destroyed or stolen shall
be furnished to the pawnbroker by the pledgor in person, or by registered
mail. The receipt of notice by registered mail of a lost, destroyed or stolen
ticket, or the issuance of a stop ticket by the pawnbroker after personal
notice by the pledgor of a lost, destroyed, or stolen ticket, shall be treated
by the pawnbroker as a stop against the loan. The pawnbroker shall require
the alleged pledgor to furnish an affidavit or written statement as to the
loss, destruction, or theft of the pawn ticket. The pawnbroker, upon receipt
of such affidavit or written statement, shall permit the pledgor to redeem
the loan or shall furnish the pledgor with a duplicate pawn ticket, and the
pawnbroker shall not be liable for any pledge released on such affidavit or
written statement, unless previous written notice by registered mail of an
adverse claim was received by the pawnbroker or a stop ticket was issued by
the pawnbroker.
A.
Every pawnbroker or pawnshop keeper in the Township must, before the last business day of every month, make and deliver to the Captain of Police, at the police station, a full, true and detailed copy of all pawn tickets legibly written, setting forth an exact description of each article or thing pawned or received by such pawnbroker or pawnshop keeper during the period since the last such report. Said report shall be a full, detailed and correct copy of all entries in the book required to be kept in §§ 232-27 through 232-30. If no article or thing has been pawned or received, a report must be made to that effect.
B.
The Captain of Police, or any person designated by him,
may at any time inspect the premises, and examine the books, records and files
therein of every pawnbroker, whether licensed, or unlicensed, but advertising
or soliciting business as a pawnbroker as defined in this article.
A.
It shall be unlawful for any pawnbroker, pawnshop keeper,
his servant or employee to receive any goods, articles or things in pawn or
pledge from a person who is intoxicated, under the influence of drugs, incapacitated,
or a person under the age of 18 years.
B.
No licensed pawnbroker shall buy, sell, or take for pledge,
pawn or security, any brass knuckles.
C.
It shall also be unlawful for any pawnbroker to employ
any clerk or person under the age of 18 years to receive any pledge or make
any loan.
The holder of a pawnbroker's license shall be responsible for any
and all acts of his employees, and for any violation by them of the provisions
of this article.
Every pawnbroker licensed under the provisions hereof shall provide
a safe place for the keeping of the pledges received by him and shall have
sufficient insurance on the property held on pledges, for the benefit of the
pledgors, in case of destruction by fire or loss by theft.
The Board of Commissioners may revoke any pawnbroker's license
for two or more violations of the provisions of this article. Any licensee
shall have the opportunity for a hearing before such revocation. Such revocation
shall be for a period of 30 days pending a hearing by the Secretary of Banking.
No pawnbroker shall engage in the business of buying and selling or
trading secondhand merchandise without obtaining a secondhand dealer's
license in addition to a pawnbroker's license.[1]
No pawnbroker's license shall be issued in any location in which such business is not permitted by Chapter 325, Zoning, of the Code of the Township of Ridley.
[Amended 10-25-2000 by Ord. No. 1808]
Any person, firm corporation violating any provision of this article
shall, upon conviction before a District Justice, be fined not more than $1,000
for each offense, plus costs of prosecution, and in default of payment thereof
shall be imprisoned for not more than 30 days; and a separate offense shall
be deemed committed on each day during or on which a violation occurs or continues.
