Ordinance No. 831: Secondhand Dealers Amendment
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Ordinance No. 831: Secondhand Dealers Regulation Summary
This ordinance amends the Borough of Hollidaysburg Code of Ordinances (Chapter 13) to regulate secondhand dealers operating within the borough. It establishes licensing requirements, recordkeeping rules, reporting obligations, and penalties for noncompliance.
Purpose
The regulation aims to:
- Protect public welfare and prevent fraud or abuse
- Preserve citizens’ personal property
- Make it harder to dispose of stolen goods and aid in their recovery
Key Definitions
- Second Hand Dealer: Any person or entity buying, acquiring, or selling used personal property — except from wholesale dealers/distributors.
- Covered items include: antiques, jewelry, tools, medical instruments, electronics, appliances, automobile parts, firearms, sporting goods, bric-a-brac, and more.
- “Person” includes individuals, partnerships, corporations, LLCs, agents, employees, etc.
- “Record” means any paper, electronic, or other method of storing information.
Licensing Requirements
- All secondhand dealers must obtain a license from the Mayor before operating.
- License fee: $25 annually (same amount for partial years).
- Applications due by March 1 each year.
- Renewal also costs $25 and is valid until December 31 of the year issued.
- Existing businesses had to be licensed by January 1, 2009.
Application Requirements
Applicants must provide:
- Government-issued ID (driver’s license, passport, military ID, student ID, etc.) with identifying numbers
- If not an individual: proof of business establishment under Pennsylvania law
License Display & Transfer
- License must be displayed at the place of business at all times.
- Valid only for original location; transfer fee of $25 applies if moving.
- Must report moves to Hollidaysburg Police Department within 15 calendar days.
- Licenses cannot be transferred or assigned to others.
Recordkeeping Obligations
Dealers must keep legible English-language records including:
- Full description of each article purchased/acquired (brand, model, serial number, initials, dates, names, etc.)
- Date and time of purchase
- Amount paid for each item
- Seller’s info: name, age, address, verified via government ID with identifying numbers
Reporting to Police
- Every Tuesday before noon, dealers must submit written reports (via mail, fax, email, hand-delivery, or forms provided by police) covering:
- All articles received during the prior business week
- Seller details (name, age, address)
- Reports must contain all info required under Section 5.08(1), (2), and (4).
Retention Rules
- Records must be kept for at least two years.
- Must be available during normal business hours for inspection by law enforcement or inspectors.
Conviction Reporting
- Anyone convicted of certain crimes (or pleading guilty/nolo contendere) must report to police within 3 days and immediately surrender their license.
Penalties
- Violations are summary offenses (each day = separate offense).
- Fines: $250–$1,000 payable to the Borough.
- Possible imprisonment: up to 30 days.
- Fine is in addition to unpaid license fees.
Severability Clause
If any part of the ordinance is declared invalid, the rest remains enforceable.
Effective Date
Ordinance becomes effective January 1, 2009.
Repealer Clause
All inconsistent prior ordinances or parts thereof are repealed.
Adopted: September 11, 2008
Approved by Mayor: September 24, 2008
Certified by Secretary: Ann M. Andrews
Published in: Altoona Mirror on September 4, 2008
Signatories:
- John P. Stultz, Jr., President of Council
- Joseph R. Dodson, Mayor
- Ann M. Andrews, Secretary