(1) Definitions.
(a) Junk Dealer. An individual, partnership, association, corporation, or other business entity doing business in the City of Philadelphia which handles, stores, buys, sells, sorts, picks or otherwise processes junk, as commonly defined, including but not limited to, rags, paper, wastes, scrap metal, plumbing fixtures, and other similar materials.
(b) Utility cover. A cover made of metal or similar material that secures an area on the street or sidewalk in connection with gas, electric, water or other utility service. 861
(c) HVAC component. Any evaporator coil or condenser used in connection with an air conditioner of any size.
(2) Records Required.
(a) All junk dealers shall provide receipts to sellers and maintain adequate records in connection with all business transactions pertaining to bronze, copper, all plumbing fixtures such as pipes, bathtubs, toilets, sinks and all similar material, and all HVAC components, as well as any other items of which they may be required to keep a record in accordance with certain regulations promulgated by the Department of Licenses and Inspections.
(.1) Such receipts and records shall include information stating the name, address and commercial activity license number of the person and/or company with whom the junk dealer is transacting business; the type and amount of material involved in the transaction; the date of the transaction; the amount paid or received in connection with such transaction; and such other information as may be required by any regulations the Department of Licenses and Inspections shall from time to time promulgate. 862
(.2) No junk dealer may conduct any business transaction described in subsection 9-613(2)(a) without first securing adequate customer identification. For purposes of this subsection, "securing adequate customer identification" means that at the time of the transaction, the dealer obtains a photocopy of one of the following types of identification from the customer: 863
(.a) A valid identification document that contains a photograph and is issued by the federal government or a state government;
(.b) A valid motor vehicle operator's license issued by any state and containing a photograph;
(.c) A valid military identification card containing a photograph;
(.d) A valid passport;
(.e) A valid alien registration card containing a photograph;
(.f) A valid government-issued senior citizen identification card containing a photograph;
(.3) The records of a junk dealer, including those required under subsection (3) of this Section, shall be retained for a period of two (2) years after the date of a transaction.
(.4) In addition to the information required under subsection (a)(.1) to be set forth on a receipt for purchase of materials, the receipt shall contain the following statement: "By accepting payment from [Insert name of Junk dealer], seller represents and warrants that the material documented by this receipt is owned or was lawfully obtained by the seller and the seller has the legal right to sell such materials."
(3) Prohibited Conduct. No junk dealer shall handle, store, buy, sell, sort, pick or otherwise process any of the following items unless the person who sells such an item to the junk dealer provides proof of lawful possession and ownership of the materials or authorization to sell the materials on behalf of a documented owner: utility covers; cables used only in high voltage transmission lines; historical markers; cemetery plaques; traffic signs; refuse containers or refuse container components; HVAC components; new materials or new or used equipment or tools used in connection with building construction; or catalytic converters. Proof of lawful possession must be reasonable, taking into account the quantity and condition of the items. 864
(4) No junk dealer shall purchase any of the types of materials or items identified in subsections (2)(a) or (3) with any form of payment other than by check.
(5) Penalties and Cease Operations Orders. 865 Any junk dealer who violates any provision of this Section commits a Class II offense, and shall have his license and any license possessed under Title 5 866 revoked for ninety (90) days for the first offense and for a period of one (1) year upon each succeeding offense.
(a) During any period of license revocation, the business shall cease operation as a junk dealer. The Department shall issue a Cease Operations Order for the business location of the revoked license in accordance with the same procedures as set out in Section 6-103 of the Health Code, provided that the Cease Operations Order shall identify the prohibited operations and shall state that the applicable license has been revoked for violation(s) of the Code. The Cease Operations Order shall be in force for the full period of any license revocation, and shall set forth this period in the Order. The Department shall not remove any posted Cease Operations Order until the Department is satisfied that all revoked licenses have been restored, or the property interests in the location have changed so that neither the person under a license revocation nor any member of his immediate family retains a pecuniary interest therein.
(b) No new junk dealer license shall be issued for a business location posted with a Cease Operations Order, so long as any person under a license revocation, or any member of such person's immediate family, retains a pecuniary interest in the property at that location.
Notes
| 860 | Added, 1974 Ordinances, p. 1141; amended by deleting subsection (3), 1990 Ordinances, p. 715; amended, Bill No. 140750 (approved December 19, 2014). |
| 861 | Added, Bill No. 080301 (approved June 18, 2008). |
| 862 | Amended, 1985 Ordinances, p. 157; amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
| 863 | Added and subsequent subsection renumbered, Bill No. 100288 (approved October 20, 2010). |
| 864 | Added, Bill No. 080301 (approved June 18, 2008). |
| 865 | |
| 866 | Referenced material now appears in Title 4, Subcode F. |