The fee for a recycling facility permit shall be as provided in section A20.12.001 of the fee schedule in appendix
A to this code.
(Ordinance adopting Code)
It is unlawful and it shall be a misdemeanor for any person to do any action forbidden or fail to do any act required by this division, and upon conviction such person may be fined in an amount not to exceed that in section
1.01.009 of this code. Each day a violation is committed or permitted to continue shall constitute a separate offense. Unless specifically required herein, no mental element need be present to constitute an offense under this division.
(1990 Code, sec. 4.913)
A person, partnership, firm, corporation, joint venture, entity
or individual who engages in the business of collecting recyclable
materials or after-market materials or post-consumer materials for
the purpose of recycling, remanufacture or resale for recycling or
remanufacture and such collection is made from the premises of the
original consumer of the items, then in such event such person, partnership,
firm, corporation, joint venture, entity or individual shall be required
to obtain and maintain a license from the city for such purpose and
pay a license fee as set forth hereinafter. The license shall permit
the person, partnership, firm, corporation, joint venture, entity
or individual to go from place to place within the city by use of
city streets and rights-of-way to collect recyclable materials.
(1990 Code, sec. 4.901)
A person, partnership, firm, corporation, joint venture, entity
or individual desiring to obtain a license for recycling collection
services within the city shall file a verified application with the
city secretary, which application shall provide the following information:
(5) If a corporation:
(C) Name, address, telephone number of each officer and director;
(D) Copy of certificate of incorporation;
(E) Name and address of registered agent for service;
(F) If a foreign corporation:
(i) Certificate reflecting authority to do business in the state;
(ii)
Date authorized to do business in the state;
(6) If a partnership: name, address and telephone number of each partner;
(7) Detailed description of equipment to be used in the city to conduct
business;
(8) Description of identification scheme to be employed for equipment,
vehicles and uniforms;
(9) Proof of insurance in at least the amounts set forth in section
20.12.041;
(10) Copy of any court document reflecting pending complaint or indictment
or the conviction of any offense of the grade of state jail felony
or felony of any person whose name and address is required to be given
above;
(11) Whether the applicant has filed for protection under federal bankruptcy
laws within the past 10 years;
(12) Proof of payment of taxes;
(13) A statement of public necessity and convenience that requires the
granting of such license.
(1990 Code, sec. 4.902)
A person, partnership, firm, corporation, joint venture, entity
or individual is disqualified from licensure under this division if
the person, partnership, firm, corporation, joint venture, entity
or individual, its manager, owner, majority stockholder or a partner
of it has been convicted of an offense of the grade of state jail
felony or felony, or if the applicant:
(1) Fails to provide proof of insurance required above;
(2) Fails to provide any information required in the application;
(3) Fails to verify the application;
(4) Provides false information in the application;
(5) Has filed for bankruptcy or made an assignment for the benefit of
creditors within the ten (10) years immediately preceding the filing
of the application.
(1990 Code, sec. 4.903)
A license granted under this division may be suspended by the
city manager, or his designee, upon proof of any of the following:
(1) Failure to pay, before delinquency, taxes to the city, Greenville
Independent School District, the county or Hunt Memorial Hospital
District;
(2) Failure to pay, before delinquency, fees due pursuant to issuance
of a license under this division;
(3) Failure to timely file reports required under this division;
(4) Being the debtor in any bankruptcy action;
(5) Executing an assignment for the benefit of creditors;
(6) Transfer or assignment of the license issued under this division;
(7) Failure to prevent the scattering of collected materials along the
rights-of-way or in public places within the city;
(8) Failure to maintain in effect the requisite insurance coverage;
(9) Conviction of any person named in the application, while such person
is connected to or associated with the licensee, of an offense of
the grade of state jail felony or felony;
(10) Falsification of any information required in the application for
license;
(11) Failure to comply with any federal, state or local statute, law,
ordinance, rule or regulation.
(1990 Code, sec. 4.905)
A report reflecting the gross receipts of the licensee for activities
authorized by this license within the city limits shall be filed with
the director of finance for the city on or before the tenth day of
each month following the close of each calendar quarter.
(1990 Code, sec. 4.908; Ordinance
adopting Code)
During regular business hours of the licensee, at the expense
of the city, the city shall have the right to review the licensee’s
books and records, as they relate to the licensed activity, to determine
the accuracy of the license fee payments.
(1990 Code, sec. 4.909)
Licensee assumes all risk of loss or injury to property or persons
arising from any of its operations under this agreement, and agrees
to indemnify and hold harmless the city from all claims, demands,
suits, judgments, costs or expenses, including attorney’s fees,
arising from any such loss or injury. It is expressly understood that
the foregoing provisions shall not in any way limit the liability
of the licensee. Licensee agrees to carry the types of insurance in
minimum limits as follows:
Coverage
|
Limits of Liability
|
---|
Commercial general liability
|
$500,000.00 per occurrence
|
|
$ 1,000,000.00 aggregate
|
Automobile liability
|
$ 250,000.00 per occurrence
|
|
$1,000,000.00 aggregate
|
Employer’s liability
|
$ 250,000.00 per occurrence
|
|
$ 500,000.00 aggregate
|
Workers’ compensation
|
Statutory workers’ compensation coverage
|
Umbrella coverage
|
Not less than $1,000,000 per occurrence combined single limit
for bodily injury and property damage.
|
(1990 Code, sec. 4.910)
The licensee shall assume all liability and responsibility for
all costs of repair of public streets, bridges, rights-of-way, and
other facilities that it damages in connection with the operation
of the licensed activity.
(1990 Code, sec. 4.911)
This license is nontransferable and may not be assigned by licensee,
except upon prior written consent of the city council.
(1990 Code, sec. 4.912)