Pennsylvania Act 1988-178 — RETAIL CLEANERS OR LAUNDERERS - UNCLAIMED GARMENTS

Act text

RETAIL CLEANERS OR LAUNDERERS - UNCLAIMED GARMENTS
                 Act of Dec. 21, 1988, P.L. 1860, No. 178             Cl. 06
                                  AN ACT

     Providing for the disposal of unclaimed garments, footwear and
        other items left with certain retail establishments. (Title
        reenacted and amended Dec. 9, 2002, P.L.1359, No.163)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Unclaimed garments and footwear.
        A garment or other item left with a retail dry cleaner or
     retail launderer for dry cleaning or laundering and footwear or
     other item left with a shoe repairer may be disposed of by the
     dry cleaner, launderer or shoe repairer without liability or
     responsibility for the item or for proceeds realized from its
     disposal, provided the requirements of this act are complied
     with.
        (1 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 2.  Receipt for garments and footwear.
        At the time a dry cleaner or launderer receives garments or
     other items from a customer for cleaning or laundering and at
     the time a shoe repairer receives footwear or other items from a
     customer for repair, the dry cleaner, launderer or shoe repairer
     shall provide to the customer a deposit receipt containing the
     name and mailing address of the customer, a basic description of
     the items along with a statement of the quantity of items left,
     an itemization of the charges for the work to be done and the
     projected date when the items shall be ready for pickup by the
     customer.
        (2 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 3.  Notice.
        If an item is not retrieved and paid for by a customer within
     90 days of the ready date specified on the customer's receipt,
     the cleaner, launderer or shoe repairer may provide a written
     notice to the customer by certified mail, return receipt
     requested, mailed to the customer at the address given on the
     deposit receipt. Such notice shall specify the amount owing to
     the cleaner, launderer or shoe repairer and state that the item
     shall be disposed of by the cleaner, launderer or shoe repairer
     within 30 days from the date of delivery of the notice unless
     the item is claimed by the customer and all charges are paid in
     full.
        (3 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 4.  Refused or unclaimed notices.
        If a notice mailed pursuant to section 3 is returned to the
     cleaner, launderer or shoe repairer as being unclaimed or
     delivery refused, the cleaner, launderer or shoe repairer shall
     send a second notice to the customer by mail, first class
     postage prepaid, with a certificate of mailing, indicating that
     the item will be disposed of by the cleaner, launderer or shoe
     repairer within 30 days of the date of mailing of the letter
     unless the item is claimed by the customer and all charges are
     paid in full.
        (4 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 5.  Disposal of unclaimed property.
        If a customer does not claim an item and pay all charges due
     and owing, including the cost of mailing the notices specified
     in sections 3 and 4, and any charge for storage, within 30 days
     of the receipt of a notice mailed in accordance with section 3
     or within 30 days of the mailing of a notice in accordance with
     section 4 or within 30 days of the date a notice mailed in
     accordance with section 4 is returned to the sender with a
     notation that the addressee has moved and left no forwarding
     address, the cleaner, launderer or shoe repairer may dispose of
     the item in any manner whatsoever. The notice specified in
     section 3 shall be considered to be received by the addressee if
     signed for by the addressee or by a person signing on behalf of
     the addressee.
        (5 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 6.  Charitable donation.
        Without regard to the provisions of sections 2, 3, 4 and 5,
     any item which remains unclaimed for a period of one year from
     the ready date indicated on the item receipt may be donated by
     the cleaner, launderer or shoe repairer to any charitable,
     religious or educational organization of a cleaner's,
     launderer's or shoe repairer's choice, provided the organization
     falls within the definition of tax-exempt organization as
     specified in section 501(c)(3) of the Internal Revenue Code of
     1954 (68A Stat. 3, 26 U.S.C. § 501(c)(3)). The donation shall be
     made only if the cleaner, launderer or shoe repairer first sends
     to the customer, at the address listed on the item receipt, by
     mail, postage prepaid, including a certificate of mailing, a
     notice that the item will be so disposed of subsequent to 30
     days from the mailing date of the notice if the item is not
     claimed and all outstanding charges paid.
        (6 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 7.  Public notice of disposal procedures.
        A cleaner, launderer or shoe repairer shall prominently
     display at each location where garments, footwear and other
     items are received from the public a sign indicating that items
     not claimed within 90 days of the ready date may be disposed of
     by the cleaner, launderer or shoe repairer, after notice to the
     customer as provided by law.
        (7 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 8.  Other remedies.
        The provisions of the act of May 7, 1925 (P.L.557, No.300),
     entitled "An act to provide for the sale of property against
     which a common law lien may exist for repairs and material; and
     the method of procedure thereon," shall continue to be available
     to cleaner, launderer and shoe repairer bailees of personal
     property as heretofore, as shall any other remedies provided by
     the common law or statutory law of this Commonwealth, to the
     extent that they are not inconsistent with the provisions of
     this act.
        (8 reenacted and amended Dec. 9, 2002, P.L.1359, No.163)
     Section 9.  Effective date.
        This act shall take effect in 60 days.