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(a) In order to operate as a metal recycling entity in the City of Fort Worth, the metal recycling entity must be issued a license by the city's planning and development department.
(b) An application for a license must be made on a form provided by the city's planning and development department.
(c) A person who wishes to purchase regulated material for resale or salvage use must sign the application as applicant. If the person is a legal entity, an individual with authority to bind the legal entity must sign the application as applicant and identify each individual who has a 20% or greater interest in the legal entity on the application for a license. An individual who has a 20% or greater interest in a legal entity must satisfy the criteria under § 20-391. Each applicant will be considered a licensee if a license is granted.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
(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)
Each license will expire one year from the date of issuance and may be renewed only by making application as provided in § 20-391 of this article. Application for renewal must be made at least 45 days before the expiration date.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
The chief of police shall recommend suspension of a license to the city's planning and development department for a definite period of time, not exceeding 30 days, if:
(a) The licensee, a corporate officer or an employee of the licensee has:
(1) Received, in the aggregate, two or more convictions under this article within any six-month period; or
(2) Intentionally or knowingly impeded or refused to allow an inspection by a peace officer, a representative of the City of Fort Worth, a representative of a county, or a representative of the Texas Department of Public Safety as authorized under this article.
(b) The city's planning and development department finds that there is cause for a suspension based on a recommendation from the city's police department, the licensee shall be notified in writing within ten days of the department's decision, by certified mail, return receipt requested. The notice shall include a written statement of the reasons for the suspension, the duration of the suspension, and the licensee's right to appeal.
(c) A licensee whose license is suspended may not operate as a metal recycling entity inside the city during the period of suspension.
(d) Only the city's planning and development department or the city manager may suspend a license issued under this article.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
(a) The city's planning and development department shall revoke or deny the issuance or renewal of a license if, based on a recommendation from the city's police department:
(1) A licensee has given a false statement in the submission of an application under § 20-391(a) of this article;
(2) A licensee, a corporate officer, or an employee of the licensee has been convicted within a two year period of two or more offenses under this article. If a conviction is appealed and affirmed, the time period between conviction and final disposition on appeal of the conviction is not included in calculating the two year period;
(3) A cause for suspension occurs under § 20-393, and the license has been previously suspended in accordance with this Article in the preceding 12 months; or
(4) The licensee does not qualify for a license under § 20-391(a).
(b) The city's planning and development department shall notify the licensee within ten days of its decision to revoke or deny the issuance or renewal of a license, by certified mail, return receipt requested. The notice shall include a written statement of the reasons for the revocation or denial, and of the licensee's right to appeal.
(c) Revocation of a license under this section shall continue for a minimum of one year. A licensee may not be issued a new license for a period of one year from the date revocation became final. If the license was revoked under § 20-391(a)(4) of this article, an applicant may not be granted another license within two years of the date of conviction. If the license was revoked under §§ 20-391(a)(8) or 20-391(a)(9) of this article, an applicant may not be granted another license within three years of the termination of any sentence, parole, or probation.
(d) Only the city's planning and development department or the city manager may revoke or deny a license under this article.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
If the city's planning and development department suspends a license or revokes or denies the issuance or renewal of a license, that decision is final, unless the aggrieved party makes a timely appeal to the city manager. An appeal shall be considered timely if it is filed with the city manager's office within 30 days of the suspension, revocation, or denial. The filing of an appeal stays the action of the suspension, revocation, or denial until the city manager makes a final decision. The decision of the city manager is final.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
A Licensee shall not:
(a) Transfer a license issued under this article to another person; or
(b) Operate a business engaged in the purchase of regulated material for resale or salvage use under the authority of a license at any location other than the address designated in the license application.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
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