§ 18-278. Suspension/revocation of a scrap metal dealer registration.

(a)

The board of city commissioners, upon five days notice to the person holding a registration, may suspend the scrap metal dealer's registration for up to 30 days for any one of the following reasons:

(1)

The registrant has been convicted of violating any of the provisions of K.S.A. 50-6,109 et seq., and amendments thereto, or any similar provision of this Code;

(2)

The employment or continuation in employment of a person if the registered scrap metal dealer knows such person has, within the 24 months prior to the notice of suspension or revocation action, been convicted of violating any of the provisions of K.S.A. 50-6,109 et seq., and amendments thereto, or the laws of another state comparable to such provisions, or any city or county ordinance or resolution, or regulation controlling scrap metal sale or purchase in Kansas or any other state; or

(3)

Permitting any criminal activity under the state criminal code, or this Code, in or upon the registrant's place of business.

(b)

The board of city commissioners may revoke the registration of a scrap metal dealer who has had its registration suspended three or more times within a 24-month period.

(c)

The board of city commissioners, upon five days' notice to the person holding the registration, shall revoke or suspend the registration for any one of the following reasons:

(1)

The registrant has fraudulently registered by knowingly giving materially false information on the registration form;

(2)

The registrant has become ineligible to obtain a registration under this article; or

(3)

The nonpayment of any registration fees after receiving written notice that such registration fees are more than 30 days past due.

(d)

Within 20 days after the order of the board of city commissioners denying, revoking or suspending any registration, the registrant may appeal to the county district court and the district court shall proceed to hear such appeal as though the court had original jurisdiction of the matter. Upon request by the registrant, the district court may enjoin the revocation or suspension of a registration until final disposition of any action brought under this article.

(e)

Any action brought under this section shall be brought individually against a single registrant's site and not against any other scrap metal sites or locations registered by the same individual, company or business entity.

(Prior Code(2), § 5.52.040; Ord. No. 4277, § 1, 2011)