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Editor’s note–Former section 4.05.001 pertaining to the auto salvage license fee and deriving from the 1995 Code, sec. 111.001, was repealed in its entirety by Ordinance 99-O-158, sec. 9, adopted 11/4/99. Although the ordinance specifically referenced the fee schedule only, the intent was to repeal this section as well. This was done by the editor at the request of the city.
The following definitions shall apply, unless the context clearly indicates otherwise:
Any person who engages in the business of buying, selling, trading, or otherwise dealing in new or used scrap materials, including ferrous and nonferrous metal, brass, waste material, and the like. Such term shall also include any person who engages in the business of processing iron, steel, or nonferrous scrap, and whose principal product is scrap iron and steel or nonferrous scrap for sale for re-melting purposes.
Any person who engages in the business of buying, selling, trading, or otherwise dealing in used goods for the purpose of resale. The term “used” means any goods, products, wares, or articles of any sort which have previously been owned by someone other than the manufacturer or dealer whose business it is to sell such goods, products, wares, or articles of any sort to the public. This term “secondhand dealer” shall not apply to dealers in used motor vehicles.
(1995 Code, sec. 111.010)
(a)
Every junk dealer and secondhand dealer shall keep at his or her place of business a book in which he or she shall enter a full description of all personal property purchased or otherwise received in the course of business operations, together with the receipt, each day. Every junk dealer and secondhand dealer shall include the following in the description:
(1)
Any prominent or descriptive marks visible on such property and, when applicable, the size, weight, material, length, number of items, capacity, and any other designations or descriptions customarily employed in the sale and purchase of such property, whether new or used.
(2)
The name and address of the person from whom the property was received, his or her age, complexion, color, any prominent or descriptive marks visible on such person, and such person’s age, business and residence telephone numbers, and Texas driver’s license number. If the person does not have a Texas driver’s license, then proof of identity shall be made by social security card and the serial number duly recorded. Other means of identification, when approved by the city, may be used if accurate identity can be established and if sufficient information is obtained to enable the police to locate the person.
(3)
The license plate number and a description of the vehicle used to transport the property purchased or otherwise received.
(b)
Every junk dealer and secondhand dealer shall make the description required by this section in ink, and the book shall be kept clean and neat. Every junk dealer or secondhand dealer, upon request, shall submit and exhibit this book to any police officer or authorized inspector of the city at any time during ordinary business hours.
(c)
Every junk dealer and secondhand dealer shall prepare and furnish a receipt to the seller or transferor of the property. The junk dealer or secondhand dealer shall date each receipt on the actual date of the transaction and shall number and issue each receipt in sequence. Every junk dealer and secondhand dealer shall retain an accurate copy or record of receipts issued for a period of not less than four (4) years and shall provide such record or copy to any police officer or authorized inspector of the city for inspection upon request during business hours.
(1995 Code, sec. 111.011)
Every junk dealer or secondhand dealer shall keep their entire stock or inventory available and accessible for examination by any police officer or authorized inspector of the city at all times.
(1995 Code, sec. 111.012)
No junk dealer or secondhand dealer shall sell, dismantle, deface, or in any manner alter or dispose of any article received by him or her in the course of his or her business operations within seventy-two (72) hours from the time of purchasing or otherwise receiving such article. During such seventy-two-hour period, all items of property shall be stored or displayed at the business location where received, in the exact form received, and in a manner so as to be identifiable from the description entered in the record book required by this division. The junk dealer or secondhand dealer shall not keep the property in secret storage or otherwise handled so as to prevent or impede its examination by any police officer or authorized inspector of the city. Further, the junk dealer or secondhand dealer shall not sell, dismantle, deface, or in any manner dispose of the property until it has been openly stored or displayed on the premises where it is to be sold, dismantled, defaced, or in any manner disposed of, for a period of at least seventy-two (72) hours.
(1995 Code, sec. 111.013)
No junk dealer or secondhand dealer shall purchase or otherwise receive in the course of his or her business any goods, articles, or things of value that any minor owns or claims ownership of, or which may be in the possession of or under the control of a minor, unless the minor’s parent or guardian states in writing that they have full knowledge and consent. It shall be the duty of the junk dealer or secondhand dealer to preserve and keep these written statements of consent on file for inspection.
(1995 Code, sec. 111.014)