Title
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, to facilitate the reporting and recording of transactions for pawnbrokers, dealers in precious metals, secondhand dealers and antique dealers of goods in order to establish a County-wide computer registry of such transactions designed for the purpose of tracking and locating stolen items and prosecuting those trafficking in stolen items.
Body
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Authorization and Scope.
Allegheny County hereby authorizes and approves the establishment of a reporting system for pawnbrokers, dealers in precious metals, secondhand dealers and antique dealers for the purpose of establishing an Internet online tracking system that will allow local and regional law enforcement authorities to track, monitor and share information regarding merchandise bought, sold, exchanged, and loaned by pawnbrokers, dealers in precious metals, secondhand dealers and antique dealers.
Section 2. Definitions.
“Consignment” means accepting for sale, on consignment, secondhand goods, which having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.
“Dealer in precious metals” means any individual, partnership, association, corporation or business entity, who or which purchases precious metals from the general public for resale or refining or any individual who acts as agent for such individual, partnership, association, corporation, or other business organization or entity. Excluded from this definition are financial institutions licensed under Federal or State banking laws, 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, her or its own use or ownership and not for resale or refining.
“Pawnbroker” means any individual, partnership, association, corporation, or other business organization or entity which lends money on the deposit or pledge of physically delivered personal property or who deals in the purchase of such property on the condition of selling the property back again at a stipulated price. The business of pawnbroker does not include the lending of money on deposit or pledge of title to property.
“Precious metals” means items containing or being of gold, silver or platinum, including, but not limited to, jewelry and silver services, but excluding coins, ingots, bullion or photographic film or any article containing less than 5% of gold, silver or platinum by weight.
“Secondhand dealer or antique dealer” means any individual, partnership, association, corporation, or other business organization or entity which is regularly engaged in the business of purchasing or taking upon consignment precious metals, secondhand or used goods for resale or refining, or an individual who acts as agent for such individual, partnership, association, corporation, or other business organization or entity.
Section 3. Records Required.
Every pawnbroker, dealer in precious metals, secondhand dealer or antique dealer shall maintain records of each transaction in which they purchase or obtain property, precious metals, secondhand or used goods. Such records shall be kept on forms written in the English language at the time of acquiring articles in the course of business. Such records shall be retained for a period of three (3) years from the date of the transaction and shall be available for inspection by law enforcement authorities of the federal government, the Commonwealth or its municipalities. These records shall include:
The time, date and place of the transaction, which will include the premises name, identification number, and address.
A complete and accurate description of the goods acquired, including any serial numbers, titles, manufacturer's numbers, or other identifying marks or characteristics, which shall include but are not limited to the color, style, design, purchase price, and amount loaned or paid. In the case of firearms a complete and accurate description of the firearm including serial number, maker's name, caliber, color, model number, length of barrel, any marks and further description, purchase price, and amount loaned or paid.
A description of the seller or person from whom the goods were acquired, including:
Full name, address, and telephone number.
The number of a Pennsylvania issued identification card with a photo of the seller, such as a driver's license or military identification card, including the type of identification exhibited, the issuing agency, and date of birth. The seller must allow the buyer to get this basic information directly from the identification to ensure that the person is who he or she purports to be.
A form signed by the seller or person from whom the goods were acquired on which is recorded the information required by this section and verifying that the seller is the rightful owner of the goods or is entitled to sell or pledge the goods.
(d) Any other information required by any form approved by federal, Commonwealth, or local law enforcement authorities.
Section 4. Records Reporting.
Every pawnbroker, dealer in precious metals, secondhand dealer or antique dealer shall forward or furnish by mail or other electronic means specified by law enforcement authorities the required record information of Section 3 to both the local municipal police department in which the transaction occurred and law enforcement personnel maintaining an Internet online tracking system for law enforcement personnel of Allegheny County, by 4:00 p.m. on the first business day of the week, following the day on which the purchase, loan or acquisition of property was made. The local municipal police department and law enforcement personnel maintaining the Internet online tracking system for law enforcement personnel of Allegheny County shall designate the person and address or electronic means to be employed for the reporting of records of the transaction.
Section 5. Exclusions from Records Reporting.
The following transactions are excluded from the records reporting required in Section 4:
(a) Estate sales or house sales in which the secondhand dealer or antique dealer is buying in bulk.
Section 6. Period of Retention of Purchased Articles.
No pawnbroker, dealer in precious metal, secondhand dealer or antique dealer shall sell or dispose of any precious metals, secondhand or used goods in any way until fifteen (15) days after the date upon which the items were acquired by the pawnbroker, dealer in precious metal, secondhand dealer or antique dealer, except that the items were bought for less than $50 and the record of such was immediately reported to the appropriate law enforcement personnel.
Section 7. Penalties.
A pawnbroker, dealer in precious metals, secondhand dealer or antique dealer who violates the terms and provisions of this Ordinance for the first time shall be guilty of a summary offense and may be sentenced to pay a fine not less than $300 and for a second and subsequent conviction not less than $500.
Section 8. Enforcement.
The prohibitions of this ordinance may be enforced by any municipal or local government unit having jurisdiction over the place where the violation occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit.
SECTION 9. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 10. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.