(a) The city's planning and development department may issue a license to an applicant within 30 days after receipt of an application after the city's police department has confirmed that all of the following requirements are met:
(1) The applicant is at least 18 years of age;
(2) The applicant is not overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant;
(3) The applicant has not refused to answer or has not falsely answered a question or request for information on the application form provided;
(4) The applicant has not been convicted of two or more offenses under this article, other than the offense of conducting business as a metal recycling entity without a license, within two years immediately preceding the application;
(5) The applicant has obtained a certificate of occupancy for the premises in which the applicant intends to do business, and the metal recycling entity, or its location, would not otherwise be in violation of any applicable city ordinance or state or federal law;
(6) The license fee required by this article has been paid;
(7) The applicant has obtained a certificate of registration from the Texas Department of Public Safety, as required by Tex. Occupations Code § 1956.021;
(8) The applicant has not been convicted of any 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 has elapsed since the termination of any sentence, parole, or probation. A pardon shall be given full legal effect. If three years have elapsed, the city's police department shall, in accordance with Tex. Occupations Code § 53.023 determine the present fitness of the applicant to be licensed from the information and evidence presented with the application; and
(9) The applicant has not been convicted of an offense under any federal or state law providing recordkeeping or licensing requirements for persons purchasing or selling regulated material, and three years have elapsed since the termination of any sentence, parole, or probation for such offense.
(b) The applicant shall work with the city's planning and development department and the city's police department to provide all paperwork or information necessary to process an application and make a determination of fitness to be licensed in accordance with § 20-391.
(c) The license, if granted, must state on its face the name of the person 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 article is valid only for the location stated in the application and the person listed on the license application. Should any licensee move its place of business from the place stated on the license to a new location the licensee shall give the city's planning and development department prior written notice and present the license to the city's planning and development department to have the change of location noted on the license. Should any licensee change ownership to where an individual has a 20% or greater interest in the metal recycling entity, the licensee shall give the city's planning and development department prior written notice and present the license to the city's planning and development department to confirm that the new owner satisfies the criteria outlined in § 20-391(a).
(d) The metal recycling entity shall pay an annual license fee in the amount of $250 to the city's planning and development department.
(e) A license must be posted in a conspicuous place at or near the entrance to the metal recycling entity so that it may be easily read at any time.
(f) If the city's planning and development department determines that issuance or renewal of a license should be denied based on a recommendation from the city's police department, the city's planning and development department shall send to the applicant by certified mail, return receipt requested, a written statement of the reasons for the denial and of the applicant's right to appeal.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)