§ 36-280. Scrap metal dealer's registration required.

(a)

All person and businesses must register each place of business to operate a regulated scrap metal yard or purchase any regulated scrap metal as provided herein. A separate registration is hereby required for each place where regulated scrap metal business is transacted. It shall be unlawful for any person to act as a scrap metal dealer at a place other than that place specified in such registration. Violation of this provision is a class A misdemeanor and punishable by a fine of not more than $2,500.00 or imprisonment in jail for not more than 12 months or by both such fine and imprisonment.

(b)

Application for registration shall be on forms provided by the unified government. Applications shall be verified, and shall contain:

(1)

The name, residence, and place of business of the applicant. If the applicant is a partnership, the full name and place of residence/business of each general partner shall be listed. If the general partner of a limited partnership is a corporation, then that corporation shall list the full name, position and place of residence of each officer and director of that corporation. If the applicant is a corporation, the full name, position, and place of residence of each officer and director shall be provided. If the applicant is doing business under a fictitious name, both legal and fictitious names shall be listed on the application;

(2)

The length of time that the applicant has resided within the State of Kansas and a list of all residences outside the State of Kansas during the previous ten years;

(3)

The particular place of business for which a registration is desired including the federal identification number of the business, the street address and legal description where such business is or will be located, the maximum hours of operation and days of the week that the business will be open, and a scale map of the area which shows the location and type of fence, if any, surrounding the property and location of access drives and fire roads within the property;

(4)

The name of the owner of the premises upon which the place of business is located. If the real estate for the regulated scrap metal yard is not owned by the applicant, the name, address and telephone number of the owner of the real estate. Documentation that establishes that the real estate owner authorizes the use of the property as a regulated scrap metal yard shall be attached to the application;

(5)

The name, telephone number and address of the designated agent of the local office operations. The designated agent will be the individual authorized to receive notifications or tickets that may be issued by the city;

(6)

The applicant shall disclose any prior convictions within ten years immediately preceding the date of making the registration for theft, as defined in K.S.A. 21-3701, prior to its repeal, or K.S.A. 2011 Supp. 21-5801, and amendments thereto; theft of property lost, mislaid or delivered by mistake, as defined in K.S.A. 21-3703, prior to its repeal, or K.S.A. 2011 Supp. 21-5802, and amendments thereto; theft of services, as defined in K.S.A. 21-3704, prior to its repeal, criminal deprivation of property, as defined in K.S.A. 21-3705, prior to its repeal, or K.S.A. 2011 Supp. 21-5803, and amendments thereto; or any other crime involving possession of stolen property;

(7)

Such further information as pertains to the operation of a regulated scrap metal yard as may be required by the county clerk, public officer, or their designee; and

(8)

The application for registration shall be dated and signed by an individual with authority to sign on behalf of the person requesting the scrap metal dealer's registration.

(c)

The public officer shall provide the sheriff and chief of police written notice of the filing of registration by a scrap metal dealer within ten days of registration or renewal.

(d)

Each registration for a scrap metal dealer to purchase regulated scrap metal shall be accompanied by a fee of $400.00.

(e)

The public officer, upon receipt of the application for registration, the application fee and the public officer's verification that the applicant is qualified for registration, shall accept a registration for a scrap metal dealer as otherwise provided for herein, from any scrap metal dealer engaged in business in the city and qualified to file such registration, to purchase regulated scrap metals. Such registration shall be issued for a period of ten years.

(f)

The public officer shall grant and issue renewals or registration upon application of the registration holder if the registration holder is qualified to receive the same and the registration has not been revoked as provided by law. The registration fee for such renewal, which shall be in addition to the fee provided by subsection (d) of this section, shall be $50.00.

(g)

No registration issued under this chapter shall be transferable.

(h)

This section shall not apply to a business licensed under the provisions of K.S.A. 8-2404, and amendments thereto, unless such business buys or recycles regulated scrap metal that are not motor vehicle components.

(Ord. No. O-45-12, § 1, 7-26-2012)