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§ 114.06 HOLDING PERIOD PRIOR TO SALE OR DISPOSITION OF MERCHANDISE.
   No junk shall be sold or removed from the place of business of any junk dealer within seven days after the junk has been purchased or acquired, and all junk received shall be kept separate and apart from all other articles for seven days after the junk is received so that the junk may be identified. If a dealer desires to sell or dispose of merchandise that has not been in his or her possession for a full seven days, he or she shall secure from the purchaser the same information and identification that is required by this chapter from persons that sell to the dealer.
(1998 Code, § 94-36) Penalty, see § 10.99
§ 114.07 PURCHASES FROM INTOXICATED PERSONS OR MINORS.
   No junk dealer shall receive or purchase any junk from any intoxicated person or from any person under the age of 18 years, except upon the written consent of the parent or guardian of the minor, and such written consent shall be preserved by the junk dealer for a period of not less than six months thereafter for public inspection. When any purchase is made from any minor with consent, a notation of the purchase with consent shall be made in the book or register required by § 114.03 of this chapter to be kept by the dealer.
(1998 Code, § 94-37) Penalty, see § 10.99
§ 114.08 INSPECTION OF MERCHANDISE.
   Every junk dealer shall, at all times, allow the Chief of Police or some other police officer the privilege of examining all articles of junk he or she may have received, whether at his or her place of business or elsewhere, for the purpose of ascertaining whether or not the articles are lost or stolen property.
(1998 Code, § 94-38) Penalty, see § 10.99
§ 114.09 SCREENING WALL OR FENCE.
   Junkyards with open storage for wrecked or salvaged automobiles, machinery, appliances or other used commodities and equipment must be screened by the construction of a wall or fence around the yard, of masonry or of a concrete or metal frame or base which supports a permanent type wall material, the surface of which does not contain openings and which surface shall constitute a visual barrier. The wall or fence shall be constructed to a height of eight feet above the ground surface. No openings shall be permitted for access unless a solid gate equaling the height of the wall is provided. The gate shall remain closed at all times, except when in actual use.
(1998 Code, § 94-39) Penalty, see § 10.99
LICENSES
§ 114.20 REQUIRED.
   No person shall transact or engage in business as a junk dealer within the corporate limits of the city until he or she shall have secured an annual license therefor, issued by the Police Department.
(1998 Code, § 94-61) (Ord. 11-11, passed 4-20-2011) Penalty, see § 10.99
§ 114.21 FILING AND CONTENTS OF APPLICATION.
   (A)   An applicant for a junk dealer’s license shall make request therefor in writing, addressed to the Chief of Police, which application shall contain the name, residence and street number of the applicant. In the case of a firm or partnership, the application shall show the individual members of the firm or partnership and, if a corporation, the names of the officers thereof. The application shall contain the following words: “The license hereby applied for shall be subject to all the provisions and regulations of the ordinances of the City of Texas City relating to junk and junk dealers.”
   (B)   The application for a junk dealer’s license shall be signed and sworn to by the person applying therefor, before some officer authorized by law to administer oaths, or in the case of a partnership or corporation by one member of the firm or officer or agent of the corporation. The application shall be filed with the Chief of Police.
(1998 Code, § 94-62)
§ 114.22 APPROVAL OF APPLICATION.
   (A)   Action by Chief of Police. Upon receipt of an application for a license required by this subchapter, the Chief of Police shall carefully examine the facts of the application and approve or disapprove the application. Grounds for denial shall include the following:
      (1)   The application contains a materially false or fraudulent statement; and
      (2)   The applicant, or an officer, partner or employee thereof, has been convicted of a felony or of a misdemeanor involving moral turpitude within the five years immediately preceding the date of the application.
   (B)   Action by City Commission.
      (1)   If the Chief of Police disapproves the application, the applicant may request that the application be referred by the Chief of Police to the City Commission.
      (2)   The Commission shall then either approve or disapprove the application; provided that, before a disapproval, the Commission shall give the applicant an opportunity to be heard and give him or her written notice of the time and place of the hearing at least five days prior thereto, at which time the applicant may appear and be heard. After the hearing, if the City Commission finds the applicant to be an unsafe and improper person to engage in business as a junk dealer, it may, in its discretion, disapprove the application.
(1998 Code, § 94-63) (Ord. 11-11, passed 4-20-2011)
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