§ 123.01  DEFINITIONS.
   For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMODITY METALS.  Any metal containing primarily brass, copper, copper alloy, aluminum, stainless steel, or magnesium, or any other metal trading on the commodity markets that trades in pounds, rather than ounces, except aluminum single serving beverage cans shall not be considered commodity metals.
   FERROUS METALS.  Any metal consisting primarily of iron or steel.  Ferrous metal includes alloys thereof, or an object containing ferrous metal or an alloy thereof.
   INVESTMENT PURPOSES. The purchase of regulated property by persons and the retention of that property in the same form as purchased, for resale to persons who are purchasing the property primarily as an investment.
   LOUISVILLE METRO. The geographic boundaries of Jefferson County, Kentucky.
   MOBILE DEALERS.  Any person(s), business, or organization who loans money on deposit of gold, silver, precious metals, regulated property, and/or personal property, or who deals in the purchase of gold, silver, precious metals, and/or personal property, who advertises the loan or purchase of gold, silver, precious metals and/or personal property by any means including but not limited to signs, newspapers, radio and television ads, internet advertisements or postings, or any other media and in making said transactions utilizes a mobile vehicle as defined under this section.
   MOBILE VEHICLE.  Any machine or device, on or by which any person or property is or may be transported or drawn on any street, which is powered by an internal combustion, diesel, or electric engine and/or motor, horsepower or which is powered by human power.
   MOTOR VEHICLE DEALERS.  Any person who exclusively deals in new or used cars.
   NONFERROUS METAL.  Metals not consisting primarily of iron or steel.  Nonferrous metal shall include any nonferrous metal or an alloy thereof, or an object containing nonferrous metal or an alloy thereof.
   PAWNBROKER. Any person who loans money on deposit of personal property, or who deals in the purchase of personal property on condition of selling the property back again at a stipulated price, or who makes a public display at his place of business of the sign generally used by pawnbrokers to denote their business, or who publicly exhibits a sign advertising money to loan on personal property or deposit is a pawnbroker.
   PERSON. Any individual, partnership, corporation or other business entity.
   PRECIOUS METALS.  Any metal that is valued for its character, rarity, beauty, quality, or worth, including, but not limited to gold, silver, platinum or any other such metals, whether as separate items or in combination as a piece of jewelry.
   REGULATED PROPERTY.  The following property, which is used or secondhand:
      (1)   Ferrous, nonferrous and precious metals.
      (2)   Gems including but not limited to any gem that is valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or any other such gems or stones, whether as a separate item or in combination as a piece of jewelry.
      (3)   Jewelry containing metals or gems including, but not limited to, rings, necklaces, pendants, earrings, brooches, bracelets, or chains.
      (4)   Watches, including, but not limited to, pocket watches, wrist watches, or stop watches.
      (5)   Sterling silver, including, but not limited to, flatware, candleholders, coffee and tea sets, ornamental objects, champagne flutes, wineglasses, or serving pieces such as platters, bowls, trays, water pitchers, open bakers, ice buckets, shell dishes or salt and pepper shakers.
      (6)   Audio equipment and accessories, including, but not limited to, tape players, tape decks or players, compact/digital disc players and compact discs, sound metering devices, tuners, amplifiers, speakers, transceivers, equalizers, receivers, phonographs, turntables, stereos, radios, clock radios, satellite radios, car stereos, car speakers, radar detectors, broadcasting equipment or citizen band radios/transceivers.
      (7)   Video and digital equipment and accessories, including, but not limited to, televisions, videotape or digital videodisc recorders, videotape or digital videodisc players, video cameras, video monitors, or video game consoles.
      (8)   Photographic and optical equipment and any accompanying bags, including, but not limited to, cameras, camera lenses, camera filters, camera motor drives, light meters, flash equipment, movie projectors, slide projectors, photography processing equipment, photography enlarging equipment, binoculars, telescopes, opera glasses, microscopes, surveying equipment, rifle scopes, spotting scopes, or electronic sighting equipment.
      (9)   Electrical office equipment, including, but not limited to, telefax machines, laser printers, copiers, duplicators, typewriters, calculators, cash registers, transcribers, dictaphones, computers, modems, monitors, or any computer equipment or accessories having uniquely identifiable parts.
      (10)   Power yard and garden tools, including, but not limited to, garden tractors, lawn mowers, rototillers, lawn sweepers, weed or brush cutters, edgers, trimmers, blowers, chippers, shredders, or ladders.
      (11)   Power equipment and tools, including, but not limited to, air hammers, air tools, nail guns, power staplers, power saws, power sanders, chainsaws, power planers, power drills, routers, lathes, joiners, shop vacuums, paint sprayers and accessory equipment, generators, air compressors, pressure washers or logging equipment.
      (12)   Automotive and hand tools, including, but not limited to, wrench sets, sockets sets, screw driver sets, pliers, vise grips, tool boxes, auto body hammers, jacks or timing lights.
      (13)   Telephones or telephone equipment, including, but not limited to, telecommunications cabling, office telephones, portable home telephones, mobile telephones, cellular telephones or answering machines.
      (14)   Sporting equipment, including, but not limited to, bicycles, golf clubs and bags, pool cues or cases, skis, ski boots, snowboards, fishing rods or reels, or skates.
      (15)   Outboard motors and boating accessories, including, but not limited to, outdrives, props, inboard engines, boat covers, tops or unlicensed boat trailers.
      (16)   Microwave ovens that are not intended for scrap or recycling.
      (17)   Motor vehicles, other than as set forth in subsection (19)(a), below.
      (18)   Gift cards, including, but not limited to those that can be used as a form of payment at convenience stores, gas stations, grocery stores, restaurants, retail stores, and online, or exchanged for money or other valuable consideration.
      (19)   Regulated property does not include any of the following property:
         (a)   Motor vehicles dealt in by motor vehicle dealers licensed under KRS 190.030 or purchased fully in accordance with § 123.36;
         (b)   Boats;
         (c)   Books, magazines, beta and VHS video tapes, and comic books;
         (d)   Glassware, objects d’art, or sports cards and sports memorabilia;
         (e)   Furniture;
         (f)   Refrigerators, stoves, washers, dryers and other similar major household appliances;
         (g)   Property purchased by a pawnbroker, secondhand dealer, or secondary metals recycler from another pawnbroker, secondhand dealer, or secondary metals recycler if the property is accompanied by proof of purchase from a verifiable business entity;
         (h)   Postage stamps, stamp collections and philatelic items;
         (i)   Clothing;
         (j)   Ferrous metals and nonferrous, including items listed in subsections (6) through (16) above, when purchased by a scrap processor and which items are in such condition that their highest and primary value is either in sale or transfer as scrap metal;
         (k)   Nonferrous or ferrous metals purchased by a scrap processor from a manufacturing, industrial or other commercial vendor that generates such metals in the ordinary course of business; and
         (l)   A total of five or less compact discs, digital video discs, Blu-Ray discs and/or video games purchased in any combination from a single seller in a 24-hour period.
   RESTRICTED METALS.  Any of the following metal items:
      (1)   Manhole covers;
      (2)   Electric light poles or other utility poles;
      (3)   Guardrails;
      (4)   Street signs, traffic signs, or traffic signals;
      (5)   Whole road tiles;
      (6)   Metal items or pieces of metal items used to identify or decorate a burial site, cemetery, or mausoleum, including but not limited to monuments, markers, vases, benches, plagues, medallions, and any metal base or foundation on which those items rest or are mounted;
      (7)   Railroad equipment, including but not limited to a tie plate, signal house, control box, switch plate, e-clip, or rail tie junction;
      (8)   Condensing or evaporating coils made from copper, aluminum, or aluminum- copper, including the tubing or rods from a heating or air conditioning unit that is not from a window air conditioning unit or automobile air conditioning unit;
      (9)   Stainless steel beer kegs;
      (10)   A catalytic converter or any nonferrous part of a catalytic converter, unless attached to a vehicle; or
      (11)   Storm drain covers.
   SCRAP PROCESSORS.  Any person who utilizes torches, sheers, balers, presses, or shredders to manufacture scrap metal for remelting purposes only.
   SECONDARY METALS RECYCLER. Any person(s) or business who meets the definition of “Secondary Metals Recycler” in KRS 433.900.
   SECONDHAND DEALER. Any person or entity whose business includes buying, selling, trading, consigning, or exchanging previously owned or used tangible personal property, regardless of whether secondhand articles are the primary focus of the business or whether the dealer is a mobile dealer.
(Lou. Metro Ord. No. 192-2007, approved 10-1-2007, effective 1-29-2008; Lou. Metro Am. Ord. No. 27-2012, approved 2-10-2012; Lou. Metro Am. Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021; Lou. Metro Am. Ord. No. 159-2021, approved 11-11-2021)