(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)