§ 142-2 Conflict with other provisions.
§ 142-5 Powers and duties of License Officer.
§ 142-6 Qualifications of applicants; general standards to be applied.
§ 142-7 Procedure for issuance of license.
§ 142-9 Information required on license.
§ 142-10 Duties of licensee.
§ 142-11 Transfer of license.
§ 142-12 Refusal to issue license; suspension or revocation of license.
§ 142-15 Unlawful use of premises.
§ 142-16 Violations and penalties.
§ 142-20 Licensing of existing businesses.
This chapter shall be known as the "Pawnbrokers, Junk Dealers and Secondhand Dealers Business Licensing Ordinance of the Borough of Tyrone."
It is not intended by this chapter to repeal, abrogate, annul or in any other way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter. Where this chapter imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and words of the masculine gender shall include the feminine. The word "shall" is always mandatory and not merely directory.
The Borough of Tyrone, Pennsylvania.
The Chief of Police of the Borough of Tyrone, his/her designee, or such other persons or inspectors as may be appointed by the Chief of Police.
Includes all kinds of vocations, occupations, professions, enterprises, 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 of Tyrone.
A hearing officer selected by Borough Council as provided under § 142-13 of this chapter.
As used generally herein, shall include, respectively, the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance.
Includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or other limited-liability entities; or any officers, agents, employees, factors or any kind of personal representatives of any of the above, in any capacity, acting either for themselves or for any other person, under either personal appointment or pursuant to law.
The Police Department of the Borough of Tyrone.
Includes all lands, structures and 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 otherwise used in connection with any such business conducted on such premises.
Compliance required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required by this chapter, without a license or permit therefor being first procured and kept in effect at all such times as required by this chapter or other law or ordinance of the Borough. A person conducting any business which involves either wholly or in part a combination of one or more of the types of business activities regulated hereunder shall be required to obtain separate licenses for each type of business conducted, and shall comply with all requirements and regulations for each type of business conducted, and shall comply with all requirements and regulations for each type of business; provided, however, that such person shall pay only one license fee, which shall be the license fee for the business having the highest fee.
Agents responsible for obtaining license. The agents or other representatives of non-Borough residents who are doing business in this Borough shall be personally responsible for the compliance with this chapter of their principals and of the business they represent.
Issuance of licenses. The Police Department, through the License Officer, shall collect all license fees imposed hereunder and shall issue licenses in the name of the Borough to all persons qualified under the provisions of this chapter.
Recommend rules: Recommend the adoption of all reasonable rules and regulations necessary to the operation and enforcement of this chapter. Borough Council shall be responsible for the adoption, by resolution, of all rules and regulations necessary to the operation and enforcement of this chapter.
Adopt forms: Adopt all forms and prescribe the information to be given therein.
Require affidavits: Require applicants to submit all affidavits and oaths necessary to the administration of this chapter.
Obtain endorsements: Submit all applications, in a proper case, to appropriate Borough officials for their endorsements thereon as to compliance by the applicant with all Borough regulations which they have the duty of enforcing.
Investigate: Investigate and determine the eligibility of any applicant for a license.
Examine records: Examine the books and records related to information required to be kept or maintained by this chapter of any applicant or licensee when reasonably necessary to the administration and enforcement of this chapter.
Give notice: Notify any applicant of the acceptance or rejection of the applicant's application and, upon refusal of any license or permit applied for, at the applicant's request, state, in writing, the reasons therefor and deliver them to the applicant.
Enforce: Take all actions necessary to carry out the provisions of this chapter, including, but not limited to, institution of summary criminal proceedings, filing civil or equitable actions, revocation of licenses, and any other appropriate legal actions necessary for enforcement.
Confidentiality duty. The License Officer shall keep all information furnished or secured under the authority of this chapter in strict confidence, excepting names and addresses of licensees. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this chapter or to judicial officers having the power to resolve appeals of actions taken by the Borough under this chapter.
The general standards herein set forth relative to the qualifications of every applicant for a Borough license shall be considered and applied by the License Officer in determining whether to grant or refuse to grant a license to any applicant.
Penal history: all convictions for crimes of moral turpitude.
License history: the license history of the applicant; whether such person, in previously operating in this or another state under a license regulating a business, has had such a license revoked or suspended and the reasons therefor.
No obligations to the Borough. Each applicant shall be in default under the provisions of this chapter, and ineligible to obtain a license, if past due with respect to any debt or obligation incurred in any manner to the Borough, including taxes.
Compliance with building and zoning laws. Each applicant shall certify that to the applicant's knowledge the applicant is not in violation of the building or zoning laws of the Borough of Tyrone. Any applicant found to have made a false certification in this respect shall be ineligible to obtain a license.
The form of the application shall be a written statement upon forms provided by the License Officer, such forms shall include a sworn affidavit that the information furnished is true and correct. Furnishing false certifications or false or intentionally misleading information shall be grounds for denial or revocation of the license or other legal action hereunder by the License Officer.
Contents of application. The application shall contain the disclosure of all information necessary for compliance with § 142-6 above and of any other information which the Borough License Officer shall find to be reasonably necessary for the fair administration of this chapter.
Payment of fees. The application shall be accompanied by the full amount of the fees chargeable for such license.
Issuance of receipts. Whenever a license cannot be issued at the time that the application for the same is made, the Borough License Officer shall issue a receipt to the applicant for the money paid in advance, subject to the condition that such receipt shall not be construed as the approval of the Borough License Officer for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter.
Duplicate license procedure. A duplicate license shall be issued by the License Officer to replace any license previously issued, which has been lost, stolen, defaced, or destroyed, without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to such fact and the paying to the License Officer of a fee as may be established by Borough Council from time to time.
Issuance of license. If the License Officer shall be satisfied that the applicant has met all requirements of this chapter, the license shall be issued to the applicant. If the License Officer determines that the requirements of this chapter have not been met, the License Officer shall disapprove the application and refund all fees paid in advance, from which disapproval the applicant shall have the right to appeal to a hearing officer appointed by Borough Council pursuant to § 142-13 of this chapter.
Fee established. License fees shall be in amounts established by Borough Council from time to time.
Rebate of fee. No rebate or refund of any license fee or part thereof shall be made for any reason except if such license fee was collected through an error.
The kind and address of each business so licensed.
The amount of the license fee therefor.
Such other information as the License Officer shall determine.
Permit inspection: Permit all reasonable inspections of the said licensee's business and examinations of the licensee's books containing information required to be kept or maintained by this chapter by public authorities so authorized by law.
Comply with governing law: Ascertain and at all times comply with all laws and regulations applicable to such licensed business.
Operate properly: Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, morals or welfare.
Cease business: Refrain from operating the licensed businesses on premises after expiration of the licensee's license and during any period said license is revoked or suspended.
Premises: Post and maintain such license upon the licensed premises in a place where it may be seen at all times.
Persons: Carry such license on the licensee's person when the licensee has no licensed business premises.
Vehicles: Post and maintain such license in a conspicuous place when business is being conducted from a vehicle.
Inoperative licenses: Do not allow any license or insignia to remain posted, or displayed, or used, after the period for which it was issued has expired; or when it has been suspended or revoked or for any reason become ineffective. The licensee shall promptly return such inoperative license to the License Officer.
Unlawful possession: Do not loan, sell, give or assign to any other person, or allow any other person to use or display, or to destroy, damage or remove, or to have in such person's possession, except as authorized by the License Officer or by law, any license which has been issued to said licensee.
Approval of license officer: Obtain written permission from the License Officer for such change of location.
Payment of fee: Pay a removal fee in an amount as may be determined by Borough Council from time to time to the License Officer.
Keep records: Keep all records and books to provide the information required by this chapter and necessary for the enforcement of this chapter.
A licensee shall not transfer the licensee's license to another person.
The practice of any fraud, deceit, misrepresentation or furnishing false information in obtaining or attempting to obtain a license.
The practice of fraud, deceit, misrepresentation or furnishing false information in the course of carrying on the licensed business.
The conviction of any of the enumerated crimes set forth in subsequent articles of this chapter for the particular business license involved.
Violation of or noncompliance with the provisions of this chapter or orders of the License Officer issued under the authority of this chapter.
Loaning, borrowing or using a license of another, or knowingly aiding or abetting in any way the granting of improper licenses.
The doing of any act or engaging in any conduct in the course of the business which demonstrates incompetency, bad faith or dishonesty or substantially adversely affects the health, safety, or general welfare of the public.
Before the hearing officer acts upon any recommendation of the License Officer to refuse to renew, suspend or revoke any license, the License Officer shall notify the applicant or licensee of the charges against the licensee and shall accord the applicant or licensee ample opportunity to be heard thereon in person or by counsel. The notice shall be in writing and be served by certified mail, addressed to the applicant or licensee at the address appearing in the application for the license or on the issued license, and shall notify the applicant or licensee of the right to a hearing before the hearing officer. The applicant or licensee shall have a period of 10 days from the date of the service of the notice (which shall be the date of the mailing) to request a hearing before the hearing officer, which hearing shall, if requested, be conducted after not less than 30 days' written notice to the applicant or licensee. If no hearing before the hearing officer is requested, it shall be conclusively presumed that the applicant or licensee concurs with the recommendation of the License Officer, and the hearing officer shall take the action recommended by the License Officer without necessity for any further proceedings.
The hearing officer, for purposes of this chapter, in any particular case, shall be a person appointed by Borough Council who is capable of conducting an administrative hearing in a thorough, fair and impartial manner, examining and weighing evidence, applying applicable law to the facts of a case, and writing a decision setting forth findings of fact and conclusions of law in support of such decision. A hearing officer may be an employee of the Borough, so long as he/she is not a subordinate of the License Officer. A hearing officer shall have full authority and power to carry out the duties of the hearing officer as set forth in this chapter. In addition to his/her duty to take actions upon the recommendation of the License Officer in refusing, suspending or revoking any license, a hearing officer shall hear and decide all appeals from persons aggrieved by any decision or order of the License Officer (except a decision to file summary enforcement proceedings with a Magisterial District Judge) when it is alleged that the decision or order complained of is not authorized by this chapter or directs a method of compliance which imposes an unreasonable burden upon the licensee without good cause. In such cases, a hearing officer shall have the authority, in a proper case, to change, modify or rescind any decision or order of the License Officer or to extend the time for compliance. All appeals to a hearing officer from decisions or orders of the License Officer shall be filed with the License Officer within 10 days of the date of the decision or order complained of. The appeal shall be in writing, shall specify the grounds therefor and the relief requested and shall be accompanied by an appeal fee as determined by Borough Council from time to time. Upon receipt of an appeal, a hearing shall be held after not less than 30 days' written notice to the licensee.
License Officer and police. The License Officer and/or the police shall make all investigations reasonably necessary for the enforcement of this chapter.
Officials having duties. The License Officer shall have the authority to order the inspection of licensees, their businesses and premises by the police and all Borough officials having duties to perform with reference to such licensees or businesses.
Authority of inspectors. All inspectors shall have the authority to enter premises to inspect for violation of any provision of this chapter. Persons inspecting licensees, their businesses, or premises as herein authorized shall report all violations of this chapter or of other laws or ordinances to the License Officer and shall submit such other reports as the License Officer shall order.
Initiate before the hearing officer, in the manner specified in § 142-12B of this chapter, proceedings to suspend or revoke the license of the violator.
The License Officer shall be authorized to take any or all of the above enforcement actions in any given case as are deemed necessary in the License Officer's opinion for proper administration and enforcement of this chapter, and the right to take any particular enforcement action shall not be limited by reason of the fact that the License Officer has also taken a different action in the same case.
Where a person allows another person who has not procured a license to use said person's premises for an activity requiring a license under this chapter, such person who permits the same, in addition to any other applicable penalty, shall be held liable for any applicable license fees required herein.
Any person who violates any provision of this chapter or any final order of the License Officer or hearing officer issued pursuant to the authority of this chapter shall, upon conviction therefor in a summary proceeding, be fined not less than $150 nor more than $600 and shall pay the costs of prosecution or, in default of payment, undergo imprisonment for not more than 30 days. Each day during which a violation continues shall constitute a separate offense. As used in this section, the term "person" shall have the meaning set forth in § 142-3 of this chapter.
License required to be a pawnbroker. No person shall use, exercise or carry on the trade or business of pawnbroker within the Borough without first obtaining a license from the License Officer. A pawnbroker's license runs from January 1 to December 31 of each year.
Lends money upon goods, wares or merchandise pledge, stored or deposited as collateral security.
An article or articles deposited with a pawnbroker as security for a loan in the course of the pawnbroker's business as defined in the preceding definition. "Pledgor" means the person who obtains a loan from a pawnbroker and delivers a pledge into the possession of a pawnbroker, unless such person discloses that such person is or was acting for another, in which case a "pledgor" means the disclosed principal.
A full and accurate description of all articles purchased or left in pawn with said pawnbroker.
The description of the person or persons, including such person's name, age and address, making a pledge.
Report to police. Every pawnbroker shall, before 12:00 noon of every Tuesday, deliver to the Department of Police a written description of all articles received in the course of said pawnbroker's business during the business week immediately previous, together with the numbers of any tickets or receipts associated with the articles received and a description of the person or persons pawning the articles, including such person's name, age and address. This information may be submitted on forms which may be obtained from the Department of Police or by providing copies or summaries of the pawnbroker's own records. However, if the pawnbroker chooses to submit copies or summaries of said pawnbroker's records, the records must contain all of the information specified above in this subsection.
The rate of interest and storage charges.
The time within which the article is to be redeemed.
A description of the article pledged.
Forbidden transactions. A pawnbroker shall not accept a pledge from a person under the age of 18 years. A pawnbroker shall require any person who appears to be under 30 years of age to verify that he/she is at least 18 years old by presentation of a photo identification card listing his/her date of birth or age (such as a driver's license, passport, student identification card, employee identification card, or alien resident card). If a person fails or refuses to present photo and age verification upon request of the pawnbroker, the pawnbroker shall not accept a pledge from that person.
Conviction of certain crimes. If any pawnbroker is convicted of robbery, burglary, theft, receiving stolen goods or any other crime involving the unlawful obtaining of personal property, a hearing officer shall, after notice and hearing, revoke said pawnbroker's license.
Fee. The fee of issuance of a pawnbroker's license shall be established by Borough Council from time to time.
License required to be a junk dealer. No person shall use, exercise or carry on the trade or business of junk dealer within the Borough without first obtaining a license from the License Officer. A junk dealer's license runs from January 1 to December 31 of each year.
Includes any person who shall carry on the business of buying or selling and dealing in junk and/or scrap metals, including but not limited to iron, brass, lead, copper, aluminum and other metals or alloys, or other materials commonly referred to as "junk."
A full and accurate description of the article purchased.
The name and address of the person selling the same.
Report to police. Every junk dealer shall, before 12:00 noon of every Tuesday, deliver to the Department of Police a written description of all articles of scrap brass, lead, copper or aluminum received in the course of his business during the business week immediately previous, together with the numbers of any tickets or receipts associated with the articles received and a description of the person or persons selling the articles to the junk dealer, including such person's name, age and address. This information may be submitted on forms which may be obtained from the Department of Police or by providing copies or summaries of the junk dealer's own records. However, if the junk dealer chooses to submit copies or summaries of his own records, the records must contain all of the information specified above in this subsection.
Period of retention of purchased articles. All persons, firms or corporations licensed under the provisions of this chapter shall keep and retain on their premises such scrap brass, lead, copper or aluminum, in the original form, shape or condition in which they received such goods, for a minimum period of seven days after their purchase of the same.
Forbidden transactions. No person licensed under this section shall receive or purchase articles from individuals under 18 years old. A junk dealer shall require any person who appears to be under 30 years of age to verify that he or she is at least 18 years old by presentation of a photo identification card listing his/her date of birth or age (such as a driver's license, passport, student identification card, employee identification card, or alien resident card). If a person fails or refuses to present photo and age verification upon request of the junk dealer, the junk dealer shall not buy any articles from that person.
Conviction of certain crimes. If any junk dealer is convicted of robbery, burglary, theft, receiving stolen goods or any other crime involving the taking of personal property, a hearing officer shall, after notice and hearing, revoke said junk dealer's license.
Fee. The fee for issuance of a junk dealer's license shall be determined by Borough Council from time to time.
License required to be a secondhand dealer. Except as otherwise provided in this section, no person shall engage in the business of being a secondhand dealer, as defined in this section, without procuring a license from the License Officer. A secondhand dealer's license runs from January 1 to December 31 of each year.
No individual shall be required to obtain a license under this section who engages in isolated or occasional purchases or sales of those items set forth in Subsection B of this section, provided such person maintains no place of business within the Borough, engages in no promotion or advertising and can prove by appropriate records that total sales of the previous year did not exceed $1,500.
Includes 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 precious stones, metals, jewelry, any tools, any electrical devices, fixtures, appliances, household goods, firearms and bric-a-brac. The foregoing enumeration of articles, goods and property shall not be deemed to be exclusive or all-inclusive. Secondhand articles or goods, for the purpose of this chapter, are any articles or goods that are purchased, salvaged, or received from any person, association, copartnership, or cooperation.
"Secondhand dealer," for purposes of this chapter, does not include antique stores or dealers, which are defined as businesses which are exclusively engaged in the sale of objects or items which have special value because of their age.
Judicial sale or sales by executors or administrators.
Sales of unredeemed pledges by or on behalf of licensed pawnbrokers in the manner prescribed by law.
An accurate description, including brand names, model numbers, serial numbers, inscribed initials, dates, names and any other forms of identification of the article purchased, salvaged or received.
The name, age, description and address of the person selling, transferring or trading in same.
Reports to police. Every secondhand dealer shall, before 12:00 noon of every Tuesday, deliver to the Department of Police a written description of all articles received in the course of said secondhand dealer's business during the business week immediately previous, together with the numbers of any tickets or receipts associated with the articles received and a description of the person or persons selling the articles to the secondhand dealer, including such person's name, age and address. This information may be submitted on forms which may be obtained from the Department of Police or by providing copies or summaries of the secondhand dealer's own records. However, if the secondhand dealer chooses to submit copies or summaries of his own records, the records must contain all of the information specified above in this subsection.
Retention of purchased articles. No secondhand dealer shall sell or dispose of any secondhand articles or goods until seven days have elapsed after the purchase of the same. However, it shall be an affirmative defense to any prosecution or administrative proceeding brought for a violation of this section that, in the case of precious metals, retention for the 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 the persons so charged shall prove the existence of the market conditions giving rise to the aforesaid defense by 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 a level or occurrence in an atmosphere of panic so as to clearly distinguish trading conditions from normal variations in market movement in response to economic news or other events.
Forbidden transactions. No secondhand dealer shall purchase any article from any person under the age of 18. A secondhand dealer shall require any person who appears to be under 30 years of age to verify that he or she is at least 18 years old by presentation of a photo identification card listing his/her date of birth or age (such as a driver's license, passport, student identification card, employee identification card, or alien resident card). If a person fails or refuses to present photo and age verification upon request of the secondhand dealer, the secondhand dealer shall not buy any articles from that person.
Conviction of certain crimes. If any secondhand dealer shall be convicted of robbery, burglary, theft, receiving stolen goods or any other crime involving the unlawful obtaining of personal property, a hearing officer shall, after notice and hearing, revoke said secondhand dealer's license.
Fee. The fee for the issuance of a secondhand dealer's license shall be established by Borough Council from time to time.
All existing businesses required to be licensed hereunder shall apply for a license within three months from the passage of this chapter, and all such applicants shall be charged a fee as established by Borough Council from time to time, which license shall thereafter be renewed in accordance with this chapter upon payment of the specified fee and fulfillment of all other requirements hereunder.