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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, to facilitate the recording of transactions for pawnbrokers, dealers in precious metals, secondhand dealers and antique dealers of goods in order to establish a registry of such transactions designed for the purpose of tracking and locating stolen items and prosecuting those trafficking in stolen items.
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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 registration system for pawnbrokers, dealers in precious metals, secondhand dealers and antique dealers for the purpose of establishing a body of uniformly produced records 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, and of each transaction in which the sell such 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 or sold, 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, or buyer or person to whom the goods were conveyed, including:
Full name, address, and telephone number.
The number of a Pennsylvania issued identification card with a photo of the seller or buyer, such as a driver's license or military identification card, including the type of identification exhibited, the issuing agency, and date of birth.
A form signed by the seller and buyer 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 and that the buyer meets any existing statutory requirements for eligibility to purchase the goods.
(d) Any other information required by any form approved by federal, Commonwealth, or local law enforcement authorities.
Section 4. 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 5. Enforcement.
The prohibitions of this ordinance may be enforced by Allegheny County or 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 6. 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 7. 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.