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HomeMy WebLinkAbout4154 Ordinance ORDINANCE NO. q(51 AN ORDINANCE of the City of Pasco, Washington, Creating a New Chapter 5.13 "Scrap Metal Business License"; Amending Section 5.12.010 "Definitions"; and Amending Section 3.07.050 "Business Licenses." WHEREAS, the Washington legislature has amended regulations for scrap metal businesses within the State of Washington reserving to the cities authority for permitting general business licensing, zoning, land use, environmental, and health and safety requirements and to impose consistent penalties for the violation thereof; and WHEREAS, such regulations are distinct and separate from those regulations affecting pawnbrokers and second-hand dealers as presently addressed in the Code, a new Chapter is required to the Code to regulate scrap metal businesses. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 5.13 entitled "Scrap Metal Business License" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: Chapter 5.13 SCRAP METAL BUSINESS LICENSE Sections: 5.13.010 Scrap Metal Business License Required- Definitions-Fees. 5.13.020 State License Required-Adoption of Statute by Reference. 5.13.030 Prohibited Acts -Penalties. 5.13.040 Inspection of Licensed Premises and Records. 5.13.050 Enforcement. 5.13.010 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 obtaining 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 Scrap Metal Business License Ordinance—Page 1 as feedstock in the manufacture of new products, and maintains a hydraulic bailer, shearing device,or shredding device for recycling. 2) "Scrap metal recycle?' 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 to 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 3.07 of this Code for each year,plus the square foot charges and outside area charges. 5.13.020 STATE LICENSE REQUIRED - ADOPTION OF STATUTE BY REFERENCE. A) As a condition of the issuance of a scrap metal business license as provided in Section 5.13.010 above, 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: 1) RCW 19.290.010"Definitions." 2) RCW 19.290.020 "Private metal property or nonferrous metal property - Records required." 3) RCW 19.290.030 "Metal property and metallic wire - requirements for transaction." Scrap Metal Business License Ordinance—Page 2 4) RCW 19.290.040 "Scrap metal businesses - Record of commercial accounts." 5) RCW 19.290.050 "Reports to law enforcement - Records exempt from public disclosure-Private civil liability." 6) RCW 19.290.060"Stolen metal property-Preserving evidence." 5.13.030 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 eighteen (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 in his or her own behalf or as the agent of another. Scrap Metal Business License Ordinance—Page 3 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 thirty dollars ($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. 5.13.040 INSPECTION OF LICENSED PREMISES AND RECORDS. The Police Chief of the City of Pasco, 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. 5.13.050 ENFORCEMENT. In addition to those requirements provided in Chapter 5.04 of this Code, including revocation of license, enforcement of this Chapter may include that authority granted by the following statutes,their amendments, and additions as follows: A) RCW 19.290.080"Civil penalties." B) RCW 19.290.220"Scrap theft alert system." C) RCW 19.290.230"Seizure and forfeiture." D) RCW 19.290.250 "No-buy list database program - Scrap metal business to determine if customer is listed." Section 2. That Section 5.12.010 entitled"Definitions"of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 5.12.010 DEFINITIONS. Unless the context clearly requires otherwise, the definitions of this section apply throughout this Chapter. Scrap Metal Business License Ordinance—Page 4 GA) Non-metal junk means any non-metal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form except non-metal junk does not include an item made in a former period which has enhanced value because of its age. l ) Pawnbroker means every person engaged, in whole or in part, in the business of loaning money on the security of pledges, of personal property, or deposits, or conditional sales of personal property, or the purchase or sale of personal property. EC) Precious metals means gold, silver and platinum. ED) Second-hand dealer means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, second-hand personal property, '• - _ --- . - , -- • -- - :.-,precious metals,whether or not the person maintains a fixed place of business within the State. Second-hand dealer also includes persons or entities conducting business at flea markets or swap meets, more than three times per year. GE) Second-hand property means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing of a resale value of seventy-five dollars or less, except furs. #F) Transaction means a pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker or a second-hand dealer from a member of the general public. IG) Term of the loan as defined in this chapter shall be set for a period of thirty days to include the date of the loan. (Ord. 2838 Sec. 1, 1991;prior code Sec. 3-5.04.) Section 3. That Section 3.07.050 entitled "Business Licenses" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.050 BUSINESS LICENSES: Fee/Charge Reference A) License Base Fee(include 1st 3000 sq ft) $75.00 5.04.130 B) Maximum License Fee $500.00 5.04.120 Scrap Metal Business License Ordinance—Page 5 C) Square Footage Fees(ea in. of 3000) $30.00 5.04.140 D) Outside Area Charge $50.00 5.04.150 E) Late Penalty $30.00 5.04.190 1) Rentals-Dwelling units, 20%of amount due 5.04.190 per license 2) All other business licenses $30.00 5.04.190 F) Transfer Fee $37.00 5.04.080 G) Business Located Outside City Limits $75.00 5.04.160 H) Rental Dwellings-includes first unit $30.00 5.04.160 (No maximum fee) 1) Each additional unit $3.00 5.04.160 1) Auction Sales -for 3 days $75.00 5.04.150 J) Scrap Metal Business $150.00 5.13.010 3K) Bank/Financial Institution $200.00 5.04.160 KL) Bowling Alleys-includes first alley $75.00 5.04.160 1) Each addl. alley $6.00 5.04.160 LM) Commercial Rentals-includes first $75.00 5.04.160 location 1) Each additional location or unit $3.00 5.04.160 MN) Dray and Transfer- includes first truck $75.00 5.04.160 1) Each additional truck $5.00 5.04.160 NO) Hotels/Motels/Cabins Courts-base fee $75.00 5.04.160 1) Each unit $5.00 5.04.160 OP) Liquor Sales without dancing $200.00 5.05.140 (including 1st 3000 sq. ft) Scrap Metal Business License Ordinance—Page 6 1OQ) Prof. Boxing/Wrestling-per show $75.00 5.04.160 QR) Sleeping Rooms/Rooming Houses $75.00 5.04.160 (min.4 rooms) 1) Per room/unit charge $5.00 5.04.160 RS) Theaters $150.00 5.04.160 £,T) Special Events: 1) Athletic, Competitive or Festival $25.00 5.25.070 2) Concert $25.00 5.25.070 3) Dance Hall -without liquor $75.00 5.25.070 a) Additional square footage 4) Dance Hall -with liquor $350.00 5.25.070 a) Additional square footage 5) Demonstration $15.00 5.25.070 6) Outdoor Music Festival $25.00 5.25.070 7) Parade $15.00 5.25.070 8) Public Dance $15.00 5.25.070 9) Temporary Special Sales Event $40.00 for the 5.25.070 (maximum for event$500.00) first vendor a) Each additional vendor $20.00 5.25,070 10) Street and Intersection Closure $50.00 5.25.115 Review Fee (A)(5) TLJ) Flea Markets/Swap Meets/Buy& Sell $75.00 5.06.030 Marts 1) Each additional 100 sq. ft of space $5.00 5.06.030 UV) Solicitors $150.00 5.08.050 Scrap Metal Business License Ordinance—Page 7 VW) Itinerant Merchants: 1) Application fee $60.00 5.10A.060 2) Monthly fee-if application approved $45.00 5.10A.060 WX) Mobile Vendors 1) Application fee $25.00 5.10A.060 2) Monthly fee-if application approved $10.00 5.10A.060 XY) Pawnshop $250.00 5.12.012 VZ) Carnivals and Circuses- first day fee $275.00 5.16A.270 1) Each and every day after first $125.00 5.16A.270 ZAA) Amusement Device Distributor $500.00 5.20.100 1) Amusement Device User $50.00 5.20.100 1-6 machines 2) Amusement Device User $100.00 5.20.100 6+machines AABB)Adult Entertainment Facility: $700.00 5.27.110 1) Adult Entertainer $150.00 5.237.110 2) Adult Waitperson $150.00 5.27.110 3) Adult Ent. Bus. Mgr. $150.00 5.27.110 13BCC)For-Hire Vehicles (maximum of $50.00 5.45.050 $500.00)-per vehicle 1) Driver's Permit Fee $50.00 5.45.090 2) Operator's License-Vehicle Transfer $5.00 5.45.070 3) Photograph $5.00 5.45.110 4) Fingerprints $10.00 5.45.110 5) Criminal History Check $30.00 5.45.110 Scrap Metal Business License Ordinance—Page 8 CCDD)Sidewalk Sales No fee 5.56.010 DHEE)Mobile Home Park 1) Inspection fee $20.00 19.12.030 2) License fee $25.00 19.12.030 3) Per unit fee $3.00 19.12.030 €EFF) Yard Sale Permit No fee 5.25.020 1) Yard Sale Sign Violation $50.00 17.050.020 (Ord. 4100, 2013; Ord. 4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006; Ord. 3759,2006; Ord. 3543,2002.) Section 4. The City Clerk shall, pursuant to RCW 35.21.180, maintain no less than one copy of Chapter 19.290 RCW, and the amendments and additions thereto, including those portions which are adopted by reference by this Ordinance, for use and examination by the public prior to the effective date of this Ordinance. Section 5. This Ordinance shall take full force and effect five (5) days after its approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco,Washington,and approved as provided by law this 21 day of Apt, ' ,2014. Matt Watkins,Mayor AT E " : APPRO S TO FORM: if Olio --re Debbie Clar,City Clerk —? Leland B.Kerr,City Attorney Scrap Metal Business License Ordinance—Page 9