§9-613. Junk Dealers. [561]


(1) Definitions.

(a) Junk Dealer. An individual, partnership, association, corporation, or other business entity doing business in the City of Philadelphia which handles, stores, buys, sells, sorts, picks or otherwise processes junk, as commonly defined, including but not limited to, rags, paper, wastes, scrap metal, plumbing fixtures, and other similar materials.

(2) Records Required.

(a) All junk dealers shall maintain adequate records of all business transactions pertaining to bronze, copper, all plumbing fixtures such as pipes, bathtubs, toilets, sinks and all similar material, as well as any other items of which they may be required to keep a record in accordance with certain regulations promulgated by the Department of Licenses and Inspections.

(.1) Such records shall include information stating the name, address and business privilege license number of the person and/or company with whom the junk dealer is transacting business; the type and amount of material involved in the transaction; the date of the transaction; and such other information and regulations as the Department of Licenses and Inspections shall from time to time promulgate.[562]

(.2) The records of a junk dealer shall be retained for a period of two (2) years after the date of a transaction.

(3) Penalties and Cease Operations Orders.[563] In addition to the penalties provided in Section 9-105, any junk dealer who violates any provisions of this Section shall have his license and any license possessed under Title 5[564] revoked for ninety (90) days for the first offense and for a period of one (1) year upon each succeeding offense.

(a) During any period of license revocation, the business shall cease operation as a junk dealer. The Department shall issue a Cease Operations Order for the business location of the revoked license in accordance with the same procedures as set out in Section 6-103 of the Health Code, provided that the Cease Operations Order shall identify the prohibited operations and shall state that the applicable license has been revoked for violation(s) of the Code. The Cease Operations Order shall be in force for the full period of any license revocation, and shall set forth this period in the Order. The Department shall not remove any posted Cease Operations Order until the Department is satisfied that all revoked licenses have been restored, or the property interests in the location have changed so that neither the person under a license revocation nor any member of his immediate family retains a pecuniary interest therein.

(b) No new junk dealer license shall be issued for a business location posted with a Cease Operations Order, so long as any person under a license revocation, or any member of such person's immediate family, retains a pecuniary interest in the property at that location.