Chapter 5.60
SCRAP METAL BUSINESS LICENSE
Sections:
5.60.010 Scrap metal business license required – Definitions – Fees.
5.60.020 State license required – Adoption of statute by reference.
5.60.030 Prohibited acts – Penalties.
5.60.040 Inspection of licensed premises and records.
5.60.010 Scrap metal business license required – Definitions – Fees.
A. It is unlawful for any person to engage in the scrap metal business, as a scrap metal processor, scrap metal recycler, or a scrap metal supplier, without having first obtained a license from the City, and paying the license fee.
B. “Scrap metal business,” as defined by this chapter, shall include:
1. “Scrap metal processor,” which means a person or entity that conducts business from a permanent location within the City, that is engaged in the business of purchasing or receiving private metal property, nonferrous metal property, and commercial metal property for the purpose of altering the metal in preparation for its use as feedstock in the manufacture of new products, and maintains a hydraulic bailer, shearing device, or shredding device for recycling.
2. “Scrap metal recycler,” which means a person or entity that is engaged in the business of purchasing or receiving private metal property, nonferrous metal property, and commercial metal property for the purpose of aggregation and sale to another scrap business and that maintains a fixed place of business within the City.
3. “Scrap metal supplier,” which means a person or entity that is engaged in the business of purchasing or receiving private metal property or nonferrous metal property for the purpose of aggregation and sale to a scrap metal recycler or scrap metal processor and that does business within the City.
C. The provisions of this chapter do not apply to transactions involving metal from the components of vehicles acquired by vehicle wreckers, hulk haulers, or scrap processors licensed under Chapter 46.79 or 46.80 RCW, and acquired in accordance with those laws or transactions conducted by the following:
1. Motor vehicle dealers licensed under Chapter 46.70 RCW;
2. Persons or entities in the business of operating an automotive repair facility as defined under RCW 46.71.011; and
3. Persons or entities in the business of buying or selling empty food and beverage containers, including metal food and beverage containers.
D. The license fee for each scrap metal business shall be as set forth in Chapter 5.52 SMC. [Ord. 2014-4 § 1, 2014.]
5.60.020 State license required – Adoption of statute by reference.
A. As a condition of the issuance of a scrap metal business license as provided in SMC 5.60.010, the business license applicant shall have applied for, and received, a State scrap metal license.
B. For the purpose of regulating the scrap metal business, the following statutes, and their subsequent amendments and additions thereto, are hereby adopted by reference:
RCW
19.290.010 Definitions
19.290.020 Private Metal Property or Nonferrous Metal Property – Records Required
19.290.030 Metal Property and Metallic Wire – Requirements for Transaction
19.290.040 Scrap Metal Businesses – Record of Commercial Accounts
19.290.050 Reports to Law Enforcement – Records Exempt from Public Disclosure – Private Civil Liability
19.290.060 Stolen Metal Property – Preserving Evidence
[Ord. 2014-4 § 1, 2014.]
5.60.030 Prohibited acts – Penalties.
It is a gross misdemeanor for:
A. Any person or entity to engage in the scrap metal business without having first applied for and received a scrap metal business license under this chapter and from the Washington State Department of Licensing or engaging in such business following the expiration or revocation of such license.
B. Any person to deliberately remove, alter, or obliterate any manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of private metal property, nonferrous metal property, or commercial metal property in order to deceive a scrap metal business.
C. Any scrap metal business to enter into a transaction to purchase or receive any private metal property, nonferrous metal property, or commercial metal property where the manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon the property have been deliberately and conspicuously removed, altered, or obliterated.
D. Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter and Chapter 19.290 RCW.
E. Any scrap metal business to enter into a transaction to purchase or receive private metal property, nonferrous metal property, or commercial metal property from any person under the age of 18 years or any person who is discernibly under the influence of intoxicating liquor or drugs.
F. Any scrap metal business to enter into a transaction to purchase or receive private metal property, nonferrous metal property, or commercial metal property with anyone whom the scrap metal business has been informed by a law enforcement agency to have been convicted of a crime involving drugs, burglary, robbery, theft, or possession of or receiving stolen property, manufacturing, delivering, or possessing with intent to deliver methamphetamine, or possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, or anhydrous ammonia with intent to manufacture methamphetamine within the past four years whether the person is acting on his or her own behalf or as the agent of another.
G. Any person to sign the declaration required under RCW 19.290.020 knowing that the private metal property or nonferrous metal property subject to the transaction is stolen. The signature of a person on the declaration required under RCW 19.290.020 constitutes evidence of intent to defraud a scrap metal business if that person is found to have known that the private metal property or nonferrous metal property subject to the transaction was stolen.
H. Any scrap metal business to possess private metal property or commercial metal property that was not lawfully purchased or received under the requirements of this chapter or Chapter 19.290 RCW.
I. Any scrap metal business to engage in a series of transactions valued at less than $30.00 with the same seller for the purposes of avoiding the requirements of RCW 19.290.030(4).
J. Any person to knowingly make a false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, with the intent to deceive a scrap metal business as to the actual seller of the scrap metal. [Ord. 2014-4 § 1, 2014.]
5.60.040 Inspection of licensed premises and records.
The Police Chief of the City of Sunnyside, or his designee, may make periodic inspections of the licensee’s licensed premises and records provided for in this chapter and as required by Chapter 19.290 RCW, and furnish a certificate of inspection to the Department of Licensing in such manner as may be determined by the Department. Licensees are subject to unannounced periodic inspections as described in this section. [Ord. 2014-4 § 1, 2014.]
5.60.050 Enforcement.
In addition to those requirements provided in Chapter 5.56 SMC, including revocation of license, enforcement of this chapter may include that authority granted by the following statutes, their amendments, and additions as follows:
RCW
19.290.080 Civil Penalties
19.290.220 Scrap Theft Alert System
19.290.230 Seizure and Forfeiture
19.290.250 No-Buy List Database Program – Scrap Metal Business to Determine If Customer Is Listed
[Ord. 2014-4 § 1, 2014.]