63 Pa. Stat. § 281-30

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 281-30 - Scope of act

This act shall not affect any existing laws, special or general, authorizing a charge for the loan of money in excess of interest at the legal rate. This act shall not apply to any person, persons, partnership, association or corporation (1) operating under the laws relating to banking institutions, building and loan associations, credit unions, or conducting business under a license issued by the Secretary of Banking of the Commonwealth of Pennsylvania under the provisions of any other statute, (2) conducting a business as a storage warehouseman.

This act shall not prevent or preclude any municipality from imposing other and further requirements or regulations of pawnbrokers not inconsistent with this act or the rules and regulations issued by the Secretary of Banking pursuant thereto, nor shall such municipality be prevented or precluded from providing such further supervision of pawnbrokers as may be deemed necessary or advisable for the police purposes of such municipality or from enforcing the same. Any such provisions or requirements under existing laws, ordinances or regulations or any municipality, not inconsistent with this act, shall remain in full force and effect.

A pawnbroker shall not be authorized to engage in business unless he shall have obtained a license from the municipality, if the municipality requires such a license to be obtained. The fee for such a license shall not exceed two hundred dollars ($200.00) in the case of cities of the first and cities of the second class, and one hundred dollars ($100.00) elsewhere.

The municipality issuing such license may, for violation of police regulations, suspend such license for a period of thirty (30) days. Immediately upon such suspension, the municipality shall give written notice to the Secretary of Banking, who shall, within thirty (30) days thereafter, conduct a hearing to ascertain if the license required by this act shall be revoked.

However, if, after such hearing, the Secretary of Banking shall determine that the license required by this act, shall not be revoked, written notice thereof shall be given to the municipality, and thereupon the suspension of municipal license shall be automatically dissolved by operation of law.

Licenses issued by municipalities shall impose no conditions inconsistent with the provisions of this act.

Whenever any pawnbroker shall make a complete and accurate report to the local police authorities, and shall comply with this act, and such regulations of the Secretary of Banking as may hereafter be adopted pursuant thereto, such conduct on the part of the pawnbroker shall be evidence of the innocence of such pawnbroker of any crime of receiving stolen goods, notwithstanding the fact that the articles may, in fact, be stolen: Provided, That nothing contained in this section shall be interpreted as limiting or interfering with the title to or right of possession of the lawful owner of such articles.

63 P.S. § 281-30

1937, April 6, P.L. 200, § 30. Amended 1947, June 20, P.L. 701, § 1.