(a) License required. Any person, entity, firm, company, partnership, association or corporation, before commencing operation as a scrap metal recycler or dealer in the Virgin Islands shall first secure a license in accordance with the requirements set by the Department of Licensing and Consumer Affairs.
(b) Licensure. No person shall engage in the business as a scrap metals dealer or recycler at any location without receiving a license from the Department of Licensing and Consumer Affairs.
(c) A fee equal to the federal and territorial costs for processing required fingerprints must be submitted to the Department with each application for licensure. One application is required for each scrap metals dealer or recycler. If a scrap metals dealer or recycler is the owner of more than one scrap metals recycling location, the application must list each location, and the Department shall issue a duplicate license for each location, with the respective location or address affixed thereto. For purposes of subsections (3), (4), and (5) of this section, the duplicate licenses shall be deemed individual licenses. A scrap metals dealer or recycler shall pay a fee per location at the time of licensure and an annual renewal fee per location on January 2nd of each year. The appropriate fees shall be set by the Department.
(d) The Department shall forward the full set of fingerprints to the Virgin Islands Police Department for territorial and federal processing, provided the federal service is available, to be processed for any criminal justice information. The cost of processing such fingerprints shall be payable to the Virgin Islands Police Department by the applicant. The Department may issue a temporary license for each location pending completion of the background check by territorial and federal law enforcement agencies, but shall revoke such temporary license if the completed background check reveals a prohibited criminal background. The Virgin Islands Police Department shall report its findings to the Department within 15 days after the date fingerprint cards are submitted for criminal justice investigation.
(e) An applicant for a scrap metals dealer or recycler license must be a natural person who has reached the age of 18 years or a corporation or company organized or qualified to do business in the Territory. If the applicant is:
(1) a natural person, the application must include a complete set of her or his fingerprints, certified by an authorized law enforcement officer, and a recent full-face photographic identification card of the applicant.
(2) a partnership, all the partners must sign the application for license.
(3) a corporation, the application must include the name, telephone number and address of such corporation’s registered agent for service of process in the Territory and a certified copy of a statement from the Lieutenant Governor’s Office that the corporation is duly organized in the Territory or, if the corporation is organized in a state within the United States of America, a certified copy of the statement that the corporation is duly qualified to do business in this Territory.
(f) A scrap metals dealer or recycler’s license shall be conspicuously displayed at the place of business set forth on the license. A scrap metals dealer or recycler shall not dispose of property at any location until any holding period has expired.
(g) The Department may impose a civil fine of up to $10,000 for each knowing and intentional violation of this section, which fine shall be transferred into the General Fund of the Government of the Virgin Islands. If the fine is not paid within 60 days, the Department may bring a civil action to recover the fine.
(h) In addition to the fine provided in subsection (g), a license under this section may be denied or any license granted may be revoked, restricted, or suspended by the Department if, within a 24-month period immediately preceding such denial, revocation, restriction, or suspension:
(1) The applicant or licensee has been convicted of knowingly and intentionally:
(A) Violating sections 371, 372 or 373 of this Chapter;
(B) Failing to keep records as required by section 372 of this Chapter;
(C) Making a material false statement in the application for registration; or
(D) Engaging in a fraudulent act in connection with any purchase or sale of regulated metals property;
(2) The applicant or licensee has been convicted of, or entered a plea of guilty or nolo contendere to, a felony committed by the scrap metals dealer or recycler against the laws of the Territory or of the United States involving theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any felony drug offense or of knowingly and intentionally violating the laws of the Territory relating to licensure as a scrap metals dealer or recycler; or
(3) The applicant has, after receipt of written notice from the Bureau of Internal Revenue of failure to pay excise tax, failed or refused to pay, within 30 days after the scrap metals dealer or recycler’s receipt of such written notice, any excise tax owed to the Bureau of Internal Revenue.
(i) A denial of an application, or a revocation, restriction, or suspension of a licensee, by the Department shall be probationary for a period of 12 months in the event that the scrap metals dealer or recycler subject to such action has not had any other application for a license denied, or any license revoked, restricted, or suspended, by the Department within the previous 24-month period.
(j) If, during the 12-month probationary period, the Department does not again deny an application or revoke, restrict, or suspend the license of the scrap metals dealer or recycler, the action of the Department shall be dismissed and the record of the scrap metals dealer or recycler cleared thereof.
(k) If, during the 12-month probationary period, the Department, for reasons other than those existing prior to the original denial or revocation, restriction, or suspension, again denies an application or revokes, restricts, or suspends the license of the scrap metals dealer or recycler, the probationary nature of such original action shall terminate and both the original action of the Department and the action of the Department causing the termination of the probationary nature thereof shall immediately be reinstated against the scrap metals dealer or recycler.
(l) Upon the request of a law enforcement official, the Department shall release to the official the name and address of any scrap metals dealer or recycler licensed to do business within the Territory.