1. Appliance means an electrically operated device that is primarily designed by the manufacturer to accomplish a routine task in the home such as cleaning, drying, pressing, cooking, preserving food, heating, or cooling. This term shall not include any device that is primarily used to transmit or record a digital or analog image or sound.

2. Applicant means the person who applies for a license pursuant to this chapter.

3. Auctioneer means any person who, as a principal or agent, offers any article for sale by public outcry where the articles offered at auction are sold immediately to the highest bidder.

4. Auction house means any establishment in which is carried on the business of auctioning articles for sale by public outcry where the articles offered for auction are sold immediately to the highest bidder.

5. Bullion coin means a coin that is sold, traded or exchanged based upon the value of the metal it contains and not based upon its scarcity. For purposes of this definition only, the word "coin" includes a piece of metal stamped and issued by the authority of a government without a nominal value.

6. Business records means records of any purchase, trade, barter or other transaction that involves the receipt of scrap metals and that is made in the ordinary course of business at or near the time of the purchase, trade, barter or transaction including receipts, books or similar records as prescribed by Sections 19-76 and 19-77, but do not include correspondence, tax returns or financial statements.

7. City Clerk means the City Clerk of the City of Phoenix or the City Clerk’s designee.

8. Coin means a piece of metal stamped and issued by the authority of a government for use as money.

9. Commemorative medallion means a small piece of metal that is professionally stamped or engraved on one or both sides with text, emblems and/or images commemorating an event, person, place or organization.

10. Controlling person means any person who has a 20 percent or greater interest in the ownership or the earnings of the applicant or mercantile business.

11. Designated agent means the individual designated by the applicant or licensee to receive City notices pursuant to this chapter.

12. Employ or employed means to hire, or to engage the services of, without regard to compensation, any individual, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, trainee, student or otherwise.

13. Ferrous metals means those metals that will attract a magnet.

14. Fair market value means the amount at which property would change hands in an arm’s length transaction between a willing buyer and a willing seller, neither being under any compulsion to act and with both having reasonable knowledge of the relevant facts.

15. Firearm means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive, except that it does not include a firearm in permanently inoperable condition.

16. Household items means furniture, furnishings, appliances and personal effects that are typically found in a home, excluding pianos and other musical instruments.

17. Industrial account means a person or business entity that files or is required to file monthly returns for that person’s or entity’s transaction privilege tax licenses or a governmental entity that sells scrap metal to a scrap metal dealer.

18. Knowingly means, with respect to conduct or to a circumstance described by an ordinance defining an offense, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

19. Licensee means the person who applied for a license pursuant to this chapter and in whose name a license has been issued by the City Clerk pursuant to this chapter.

20. Nonferrous metals means those metals that will not normally attract a magnet, including copper, brass and aluminum.

21. Manager means an individual authorized by the licensee to exercise overall operational control of the business or to supervise employees.

22. Mercantile business means an auctioneer, an auction house, a scrap metal dealer, or a secondhand dealer.

23. Owner-applied number means any letters, words, numbers or other markings or engravings placed on an item other than the manufacturer’s identification information.

24. Pawnbroker shall have the meaning as prescribed by Section 44-1621, Arizona Revised Statutes, as amended.

25. Pawnshop shall have the meaning as prescribed by Section 44-1621, Arizona Revised Statutes, as amended.

26. Pawn transaction shall have the same meaning as prescribed by Section 44-1621, Arizona Revised Statutes, as amended.

27. Scrap metal dealer means a person or business entity, including all employees of the person or business entity, except automotive recyclers as defined and licensed pursuant to Title 28, Chapter 10, Arizona Revised Statutes, and whose primary business is the dismantling, selling or disposing of parts or accessories of motor vehicles, engaged in the business of purchasing, trading, bartering or otherwise receiving secondhand or cast-off material of any kind, except used beverage containers, which is commonly known as scrap metal.

28. Scrap metals includes insulated and uninsulated metallic cables.

29. Secondhand dealer means any person who is engaged in conducting, managing, facilitating or carrying on the business of buying, selling, trading, exchanging, receiving on consignment or otherwise dealing in secondhand goods, wares, merchandise, or articles, whether such business be the principal or sole business so carried on, managed, or conducted or be merely incidental to, in connection with, or a branch or a department of some other business.

30. Secondhand goods means any new or used property that has been sold, traded, exchanged, consigned or otherwise disposed of by its original owner.

31. Trade-in means the exchange of any new or used item for another new or used item.

32. Wireless communication device means any device through which personal wireless services, as defined in 47 U.S.C. § 332(c)(7)(C)(i), are transmitted. (Code 1962, § 24-1; Ord. No. G-1896, § 1; Ord. No. G-2524, § 1; Ord. No. G-2640, § 1; Ord. No. G-3073, § 1; Ord. No. G-3602, § 1; Ord. No. G-3683, § 40; Ord. No. G-3706, §§ 1, 2; Ord. No. G-3819, § 1; Ord. No. G-3875, §§ 1, 2; Ord. No. G-3896, § 1; Ord. No. G-4008, § 1, 1997; Ord. No. G-4043, § 4, 1997; Ord. No. G-4052, § 1, 1997; Ord. No. G-4050, § 1, 1997; Ord. No. G-4129, §§ 1, 2, 1998; Ord. No. G-5188, § 1, 2008; Ord. No. G-5462, § 1, 2009; Ord. No. G-5619, 2011; Ord. No. G-6307, 2017)