(A) Cash payments. For all purchases of scrap metal paid for in cash, the scrap metal merchant shall obtain the following information from the seller of the products containing ferrous or non-ferrous material:
(1) A complete and accurate description of all property taken, purchased, or received by the merchant in the regular course of business;
(2) The date and time of the purchase;
(3) The correct legal name, date of birth, and place of residence, including city and state;
(4) A photograph of the person;
(5) A copy of the driver’s license, or if not available, a copy of the individual’s military identification, passport, or other approved state identification number;
(6) License plate number of the vehicle delivering the material; and
(7) The amount paid for the property and the name of the employee handling the transaction.
(B) Check payments to corporations or businesses.
(1) Except as provided in division (B)(2) below, for all purchases of scrap metal from a corporation or business and paid for by pre-numbered check drawn on the regular bank account of the scrap metal merchant and made payable to the legal name of the corporation or business, the scrap metal merchant shall obtain and maintain on file, the following information from the seller of the products containing ferrous or non-ferrous metals:
(a) A complete and accurate description of all property taken, purchased, or received by the merchant in the regular course of business;
(b) The date and time of the delivery;
(c) The federal employer identification number of the payee on the check (FEIN);
(d) The name and full address of the driver delivering the product;
(e) License plate number of the vehicle delivering the material; and
(f) The amount paid for the property and the name of the employee handling the transaction.
(2) In the event the scrap metal is delivered in a vehicle belonging to the scrap metal merchant and driven by an employee of the scrap metal merchant, the scrap metal merchant shall only be required to maintain the information required by divisions (B)(1)(a), (B)(1)(b), and (B)(1)(f).
(3) In the event any of the above is not available and on file at the scrap metal merchant’s office, the information obtained shall be the same as required for a cash purchase.
(4) Checks may not be converted to cash by a scrap metal merchant or by any related entity.
(C) Records.
(1) Every scrap metal merchant shall keep the information required in divisions (A) and (B) above either in writing or in a retrievable electronic format at the merchant’s place of business.
(2) The records shall be made at the time of the purchase of the property and in no event later than close of the business day subsequent to the time of purchase.
(3) Records required by this subchapter shall be maintained by the scrap metal merchant at the merchant’s place of business for not less than two years following the date of transaction.
(3) No purchases shall be made from persons not of legal age.
(4) The following types of property and/or transactions are not subject to the record keeping requirements of this division:
(a) Recyclable food and beverage containers; and
(b) Transactions involving materials purchased directly from a regulated public utility.
(Prior Code, § 120.141) (Ord. 0-08-0027, passed 10-27-2008) Penalty, see § 117.999