(a) A person commits an offense if, without a license issued under this article, he:
(1) purchases regulated metal property in the city for resale or salvage use;
(2) operates a business establishment in the city that purports to purchase regulated metal property for resale or salvage use; or
(3) in any other manner conducts business in the city as a secondary metals recycler.
(b) An application for a license must be made on a form provided by the chief. Each applicant must be qualified according to the provisions of this chapter.
(c) A person who wishes to purchase regulated metal property for resale or salvage use must sign the application as applicant. If the person is a legal entity, including but not limited to a corporation, partnership, association, or joint venture, each individual who has a 20 percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 40B-11(a), and each applicant will be considered a licensee if a license is granted.
(d) It is a defense to prosecution under this section that, at the time of the alleged offense, the person was purchasing regulated metal property for resale or salvage use under the specific authority of a valid license issued by the State of Texas (other than a certificate of registration issued under Chapter 1956, Texas Occupations Code, as amended) or the United States government. A license must still be obtained under this section for those activities conducted by a secondary metals recycler that are not specifically authorized by a state or federal license. (Ord. Nos. 22958; 27202; 27249)
(a) The chief shall issue a license to an applicant within 30 days after receipt of an application unless it is determined that one or more of the following is true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse.
(3) An applicant failed to answer or falsely answered a question or request for information on the application form provided.
(4) An applicant or an applicant’s spouse has been convicted of two or more offenses under this chapter, other than the offense of conducting business as a secondary metals recycler without a license, within two years immediately preceding the application. The fact that a conviction is being appealed has no effect.
(5) An applicant has not obtained a certificate of occupancy for the premises in which the applicant intends to do business, or the business or its location would otherwise be in violation of the Dallas Development Code or any other applicable city ordinance or state or federal law.
(6) The license fee required by this chapter has not been paid.
(7) An applicant has been convicted of a felony or a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole, or probation; the fact that a conviction is being appealed has no effect. If three years have elapsed, the chief shall, in accordance with Section 53.023 of the Texas Occupations Code, as amended, determine the present fitness of the applicant to be licensed from the information and evidence presented with the application.
(8) An applicant has been convicted of an offense under any federal or state law providing recordkeeping or licensing requirements for persons purchasing or selling regulated metal property, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed has no effect.
(b) The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the premises for which the license is granted. A license issued pursuant to this chapter is valid only for the location stated in the application. Should any licensee move a place of business from the place stated on the license to a new location, the licensee shall give the chief prior written notice and present the license to the chief to have the change of location noted on the license.
(c) A license must be posted in a conspicuous place at or near the entrance to the licensed premises so that it may be easily read at any time.
(d) If the chief determines that issuance or renewal of a license should be denied, the chief shall send to the applicant or licensee by certified mail, return receipt requested, a written statement of the reasons for the denial and of the applicant or licensee’s right to appeal. (Ord. Nos. 22958; 27202; 27249)
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