Title
Amendment to Phoenix City Code Chapter 19 - Scrap Metal Dealers (Ordinance G-6599)
Description
Request to amend Phoenix City Code Chapter 19 to remove an existing licensing exemption for scrap metal businesses that deal exclusively in used beverage containers, such as aluminum cans.
Report
Summary
Transacting in scrap metal is regulated in State statutes and the Phoenix City Code. The City Code (Chapter 19, Section 19-1.27) currently provides an exemption for businesses that deal exclusively in aluminum cans from the requirement to obtain a scrap metal dealer license.
At the Oct. 17, 2018 meeting of the Public Safety and Veterans Subcommittee, an industry representative asked that the City consider eliminating the current exemption for businesses that deal exclusively in aluminum cans from the scrap metal dealer ordinance. Removing the exemption for used beverage containers from the Phoenix City Code would align the code with Arizona state law that was amended several years ago to include such businesses in the state's regulation of scrap metal dealers. It also would expand the number of businesses required to obtain a scrap metal dealer license from the City and comply with the related provisions of the Phoenix City Code.
Following Subcommittee approval on Dec. 12, 2018, staff worked with the Police and Law departments to prepare draft ordinance language (Attachment A) to remove the licensing exemption for businesses that exclusively deal in aluminum cans, post the existing license fees that would now apply to more businesses in compliance with State law, and seek public input.
If approved by the City Council, staff will notify stakeholders and update information materials on the City's website. The ordinance will take effect on Sept. 5, 2019, giving currently unlicensed businesses the opportunity to apply for and obtain licenses.
Concurrence/Previous Council Action
The Public Safety and Veterans Subcommittee recommended approval of this item on May 14, 2019 by vote of 3-1.
Public Outreach
Multiple notifications of the potential ordinance change, including a request for feedback and an announcement of the Public Safety and Veterans Subcommittee consideration of the item, were made to scrap metal dealers currently and previously licensed in Phoenix, other scrap metal businesses located in Phoenix that are registered with the State of Arizona, and industry representatives. Individuals seeking to be notified of the proposed ordinance were also invited to email licenseservices@phoenix.gov to request that they be added to any future distribution lists.
In addition, staff hosted a public meeting on March 5, 2019 to invite additional public comment.
No comments in opposition to the proposed amendment have been received by the City Clerk Department to date; all comments received have been supportive of the change.
Department
Responsible Department
This item is submitted by Acting Deputy City Manager Toni Maccarone and the City Clerk Department.