§ 16-210.9. Records required to be kept by metal recycling entities as to regulated material.

(a)

The provisions of this section apply to all business carried on at a single location. With the exception of the sale or transfer of aluminum cans, a person who owns or operates a metal recycling entity shall keep at the place of business a record in a real-time electronic web-based database, in a form and method approved by the chief of police, in which it shall be entered daily, in English, a full description of each transaction in which personal property is purchased or otherwise received at the place of business. Such description shall include:

(1)

The date and time of receipt of any item;

(2)

The full name and current address of the person or place of business from which each item was received;

(3)

A clear thumbprint impression from the person seeking to transfer, sell or otherwise give the items that are the subject of each transaction;

(4)

Verified evidence that the person transferring, selling or otherwise giving the items is at least eighteen (18) years of age by presentation of valid identification, including a photograph of the face of person transferring, selling or otherwise giving the item, in the form of:

a.

A current driver's license from Texas or another state within the United States;

b.

An identification card issued by the state department of public safety; or

c.

United States military identification.

(5)

A description of the salvage vehicle and/or trailer or other mode of transportation in or on which each item received was carried to, delivered or transported to the metal recycling entity including state and license plate number, if applicable;

(6)

The individual transaction number assigned by the metal recycling entity to each item received;

(7)

A description of the items received as part of the transaction including, where customary in the business, the size, weight, material, and any other designations or descriptions customarily employed in the sale and purchase of such items;

(8)

A digital photo of the seller, and digital photograph of items received;

(9)

The name or employee number of the employee who facilitates or conducts the transaction.

(b)

The real-time electronic web-based database described in subsection (a) shall be created and maintained by the police department. The person who owns or operates the metal recycling entity or its agents or employees shall forward the required record and descriptions set forth in subsection (a) in an electronic format to the designated police department web site before the close of business on each day on which the metal recycling entity is open for business. Failure to comply with any provision of this section is unlawful and punishable as provided for in this division and is grounds for the revocation of or the refusal to issue or renew any license required of a metal recycling entity under this Code.

(c)

The person who owns or operates a metal recycling entity or agents or employees of such entity shall maintain copies of consecutively numbered receipts provided to the seller or transferor of the property. Such receipt shall be dated on the actual date of the transaction and shall list the items sold or otherwise transferred. A printed version of the record input and transmitted to the real-time electronic web-based database as described in this section shall satisfy this requirement. An accurate copy or record of receipts obtained shall be retained for a period of not less than one (1) year.

(d)

A person who owns or operates the metal recycling entity or the agents or employees shall, upon request, submit and exhibit the various business records that are required to be maintained under this section for inspection or copying by any peace officer or authorized inspector of the director. Failure to maintain or to so permit the examination or copying of such records when requested is unlawful and punishable as provided under this division.

(e)

The metal recycling entity shall be on-line with the real-time database within ninety (90) days of the approval and signing of the ordinance from which this division derives by the city council. All other sections of this division will be immediately enforced upon the approval and signing of the ordinance from which this division derives by city council.

(Ord. No. 2012-12-13-1006, §§ 2—51, 12-13-12)