Pennsylvania Law on Secondhand Dealer Regulation in the Cities of Second Class

Pennsylvania Statutes
53 P.S. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS
Part III CITIES OF THE SECOND CLASS
Chapter 62 REGULATION OF BUSINESS AND OCCUPATIONS
Article I SECOND-HAND DEALERS

§ 25251 Definitions

A second-hand dealer, for the purpose of this act, is any person, association, copartnership, or corporation, who, either wholly or in part, engages in or operates the trade or business of buying or acquiring, as forfeited pledges, any of the following articles, except from a regularly established wholesale dealer: antiques, precious stones, jewelry, watches, old gold, platinum, silver, and all other precious metals; all kinds of bricklayers', carpenters', planters', mechanics', blacksmiths', tinners', plumbers', electricians', barbers', and all other kinds, of tools; all kinds of doctors', surgeons', dentists', undertakers', draftsmen's, and all other kinds of instruments; all kinds of electrical, musical, telegraph, and telephone, and all other kinds of instruments; scales, typewriters, adding machines, cash registers, dictaphones, phonographs, and all other similar devices; all kinds of water, electrical, and gas, fixtures, appliances, and supplies; all kinds of automobile tools and accessories; all kinds of house and office fixtures, furnishings, and appliances; pool and billiard tables; sporting goods of all kinds; bric-a-brac; clothing, shoes, and all other wearing apparel; trunks, traveling bags, and suitcases; and fire arms of all kinds; any wire cable, copper, lead, solder, iron, or brass, used by or belonging to a railroad, telephone, telegraph, gas, or electric light company.
Second-hand articles or goods, for the purposes of this act, are any of the articles or goods enumerated above, that are purchased or acquired as forfeited, pledged from anyone except from a regularly established wholesale dealer.

Cite as 53 P.S. § 25251

§ 25252 Badge or license certificate; fees

All second-hand dealers, in cities of the second class, at the time of the passage of this act, shall, within sixty days of such passage, and every person, association, copartnership, and corporation, hereafter desiring to become a second-hand dealer, shall, before commencing such business, procure a license from the director of public safety in any city. All licenses shall be issued to expire on the thirty-first day of December, of the year for which they were issued, unless sooner revoked, and shall be renewed annually.
Before any license is issued, the applicant therefor shall pay to the city treasurer, a license fee of ten dollars ($10) for an itinerant second-hand dealer's license, or fifty dollars ($50) for a second-hand dealer's license for a permanent place of business. The treasurer shall issue his receipt for the payment of such fee. Upon presentation of such receipt, the director of public safety shall issue to the applicant a badge of an itinerant second-hand dealer, or a license certificate if a second-hand dealer having a permanent place of business. Such badge shall be worn by such itinerant second-hand dealer at all times when he is engaged in carrying on his business, and such license certificate shall be hung, and at all times kept plainly visible, in the place of business of the second-hand dealer having a permanent place of business.

Cite as 53 P.S. § 25252

§ 25253 Records of goods purchased; inspection

Every second-hand dealer shall keep a book, in which shall be legibly written, in the English language, at the time of purchasing or acquiring any second-hand article or goods, a full and accurate description of the article purchased, and the name and a full and accurate description of the person selling the same, together with the address, giving street or rural delivery number, and shall, before twelve o'clock noon of every business day, report to the superintendent of police, upon blanks furnished by him, an accurate description of the article purchased together with the name, address and description of the persons selling same.
Every second-hand dealer shall also keep a full and accurate record, in the English language, of all articles and goods purchased from a regularly established wholesale dealer, showing complete invoices of such articles and goods, prepared by such wholesale dealer. Such books and records, as well as all articles or things purchased or acquired, shall be open at all times to the inspection of the officer assigned by the director of public safety or the superintendent of police.

Cite as 53 P.S. § 25253

§ 25254 Business at one place; purchases at night or from minors, etc., prohibited

No second-hand dealer shall operate more than one place of business, under one license for a permanent place of business, and only in the building for which the license is granted.
No second-hand dealer shall purchase or receive any goods between the hours of eight post meridian (8 P.M.) and seven ante meridian (7 A.M.).
No second-hand dealer shall receive or purchase any article or thing from any person under the age of eighteen, or from any intoxicated person, or from any person known to be a thief or an associate of thieves, or a receiver of stolen goods, or from any person whom said second-hand dealer has reason to suspect to be such.

Cite as 53 P.S. § 25254

§ 25255 Time for sale after purchase

No second-hand dealer shall sell, or dispose of in any way, any of the following second-hand articles or goods: antiques, precious stones, jewelry, watches, old gold, platinum, silver or other precious metals or any similar articles or things until thirty (30) days have elapsed after the purchase of same. No second-hand dealer shall or dispose of in any way any other second-hand article or goods until seven (7) days have elapsed after the purchase of same.

Cite as 53 P.S. § 25255

§ 25256 Revocation of license

If any second-hand dealer, licensed as aforesaid, his clerk, agent, servant, or employ

Cite as 53 P.S. § 25256

§ 25257 Penalties for violation

Any person, association, copartnership, or corporation, who engages in or carries on the business of a second-hand dealer without a license, or who violates any of the provisions of this act, is guilty of a misdemeanor and, on conviction, shall be sentenced to pay a fine not exceeding one thousand dollars ($1,000), or be imprisoned in the county jail or workhouse for a term not exceeding six (6) months or both.

Cite as 53 P.S. § 25257