In this subtitle, the following terms have the meanings indicated.
“Scrap metal” means any object that consists in whole or substantial part of ferrous or non-ferrous metal.
“Scrap metal dealer” means any person who, whether as a dealer, a broker, or otherwise, buys, processes, or sells scrap metal.
“Scrap metal dealer” does not include:a person whose business is limited to the purchase of aluminum cans for recycling purposes;
an automotive dismantler and recycler:who is licensed under State Transportation Article, Title 15 {“Vehicle Laws – Licensing of Businesses and Occupations”}, Subtitle 5 {“Automotive Dismantlers and Recyclers and Scrap Processors”}; and
whose business is limited to the acquisition of whole vehicles for the purpose of dismantling, destroying, or scrapping them for the benefit of their parts or the materials in them; or
a landfill or solid-waste facility that:is licensed by the Finance Director; or
is operated by a governmental entity or an instrumentality or unit of a governmental entity.
City Code, 1976/83, art. 19, §41A
Ord. 90-641
Ord. 01-243
Ord. 10-255
Ord. 10-389
Ord. 22-125
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Director of the Department of Consumer Protection and Business Licensing may adopt rules and regulations to carry out this subtitle.
Ord. 01-243
Text Conformed 02/12/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
No person may do business as a scrap metal dealer unless that person:
has first obtained all State licenses for the business; and
has then obtained from the Department of Consumer Protection and Business Licensing a City license under this Subtitle 8 {“Scrap Metal Dealers”}.
City Code, 1950, art. 24, §16(part)
1966, art. 19, §40(part)
1976/83, art. 19, §47(part)
Ord. 41-408
Ord. 70-852
Ord. 77-389
Ord. 84-165
Ord. 90-508
Ord. 90-641
Ord. 01-243
Ord. 10-255
Ord. 10-389
The application for a license shall:
be made in the form and contain the information that the Director of the Department of Consumer Protection and Business Licensing requires; and
contain a notarized statement that attests, under penalties of perjury, to the truth of all information provided.
City Code, 1950, art. 24, §16(part)
1966, art. 19, §40(part)
1976/83, art. 19, §47(part)
Ord. 41-408
Ord. 70-852
Ord. 77-389
Ord. 84-165
Ord. 90-508
Ord. 90-641
Ord. 01-243
Ord. 10-255
Ord. 10-389
The application fee and annual license fee for each place of business are as set by the Department of Consumer Protection and Business Licensing, with the approval of the Board of Estimates.
Collection.
These fees are collectible in accordance with City Code <cite data-path="|15">Article 15 {“Licensing and Regulation”}</cite>, Subtitles 46 {“Administration and Enforcement”} and 47 {“Penalties”}.
City Code, 1950, art. 24, §16(part)
1966, art. 19, §40(part)
1976/83, art. 19, §47(part)
Ord. 41-408
Ord. 70-852
Ord. 77-389
Ord. 84-165
Ord. 90-508
Ord. 90-641
Ord. 01-243
Ord. 10-255
Ord. 10-389
The Director of the Department of Consumer Protection and Business Licensing may deny, suspend, revoke, or refuse to renew a license if, after giving the applicant or licensee notice and an opportunity to be heard, the Director of the Department of Consumer Protection and Business Licensing finds that the applicant or licensee:
has made a material misstatement or omission in any application for an initial or renewal license;
has failed to maintain in good standing any State license required for the business;
has violated a provision of:this Subtitle 8 {“Scrap Metal Dealers”};
State Business Regulation Article Title 17, Subtitle 10 {“Junk Dealers and Scrap Metal Processors”}, as found by a court of competent jurisdiction; or
a rule or regulation adopted under either of these laws; or
has engaged in a pattern and practice of receiving stolen goods.
Ord. 10-255
Ord. 10-389
A person aggrieved by a decision of the Department of Consumer Protection and Business Licensing under <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|2|§8-11">§ 8-11 {“Denial, suspension, etc., of license”} of this subtitle</cite> may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
Ord. 10-255
Ord. 10-389
Any scrap metal dealer or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense.
Each day that a violation continues is a separate offense.
City Code, 1927, art. 32, §25
1950, art. 24, §17(2nd par.)
1966, art. 19, §41(2nd par.)
1976/83, art. 19, §48(2nd par.)
Ord. 20-496
Ord. 32-168
Ord. 40-245
Ord. 01-243
Ord. 08-076
Ord. 10-389