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(a) Upon receipt of an application for a license required by this chapter, the original shall be referred to the Chief of Police, who shall cause an investigation to be made to determine the lawfulness of the applicant's business enterprise and to determine if any owner, shareholder, member, director, officer or employee of the business enterprise has been convicted of any felony or misdemeanor involving moral turpitude, violence or theft. The holder of a secondhand dealer's license is required to notify the City of the addition of any new owner, shareholder, member, director, officer or employee to the pawn shop, secondhand dealer shop, junk shop or scrap metal processing facility no later than 30 days after the addition of the new owner, shareholder, member, director, officer or employee, so that background investigations may be completed. No person convicted of any felony or misdemeanor offense involving moral turpitude, violence or theft shall be an owner, shareholder, member, director, officer or employee of a pawn shop, secondhand dealer shop, junk shop or scrap metal processing facility. The cost of all background investigations pursuant to this chapter shall be paid by the applicant or holder of a license required under Section 739.02.
(Ord. 80-1998. Passed 4-6-98; Eff. 5-6-98.)
(b) Following the investigation, as provided herein, the Chief of Police shall forward his or her recommendation to the Director of Public Safety who shall cause a review of the same. Based upon this investigation, the Director shall approve or disapprove the application and shall notify the applicant by certified mail of his or her decision. If the application is approved, the Director shall issue a license.
(c) A license issued under this chapter shall not be transferable. A change in the financial interest of the business enterprise of 51% or more shall be deemed a transfer and require a new application for a license be filed with the Director.
(d) The license must be so placed at the business location as to be made conspicuously visible.
(Ord. 136-1981. Passed 6-1-81; Ord. 8-2007. Passed 1-16-07.)
Licenses applied for and issued pursuant, to this chapter may be refused or revoked by the Director of Public Safety for any of the following reasons:
(a) Fraud, misrepresentation or false statement made in the application for the license;
(b) Fraud, misrepresentation or false statement made in the course of carrying on the business as a secondhand dealer;
(c) Any violation of this chapter;
(d) Any violation of the Codified Ordinances of the City or the Ohio Revised Code relating to this business enterprise;
(e) Conviction of a crime involving moral turpitude, violence or a theft offense; or
(f) Conducting the business of a junk dealer, a secondhand dealer or scrap metal processor in an unlawful manner or in such manner as to constitute a menace to the health, safety or general welfare of the public.
(Ord. 136-1981. Passed 6-1-81; Ord. 8-2007. Passed 1-16-07.)
(a) All junk dealers, secondhand dealers or scrap metal processors shall keep a sequentially numbered record written legibly in the English language containing the following information:
(1) The date and time when the purchase, exchange or receipt of the merchandise occurred.
(2) A complete description of the merchandise, including the serial number, the manufacturer's trade name, model name or number, if available, and any identifying inscription or marks contained on the item.
(3) The name, address, telephone number, make and model of automobile, automobile license plate number, and photocopy of the driver's license or identification card issued under Ohio R.C. 4507.50 to 4507.52 of the person from whom the item or merchandise was purchased.
(b) All books which are required to be maintained by this section shall be open to the inspection of any member of the Department of Police when duly authorized by the Chief of Police.
(Ord. 6-1992. Passed 1-6-92.)
It shall be the responsibility of every junk dealer, secondhand dealer and scrap metal processor to mail or deliver to the Chief of Police once a week, a legible copy of records required to be kept under Section 739.08.
(Ord. 6-1992. Passed 1-6-92; Ord. 8-2007. Passed 1-16-07.)
(a) No junk or secondhand dealer shall sell, exchange or remove from his or her place of business, or alter in any manner from the condition received, any secondhand article received by him or her until the same has been in his or her possession for a period of 72 hours following receipt of the report required by Section 739.09.
(b) Junk, secondhand articles and materials at a scrap metal processing facility shall be made available for inspection upon demand by a duly authorized member of the Police Department.
(Ord. 136-1981. Passed 6-1-81; Ord. 8-2007. Passed 1-16-07.)
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