KRS 433.908: Applicant -- Requirements -- Background checks -- Applications -- Fee --

Annual renewal -- License to be displayed.

(1) An applicant for licensure as a secondary metals recycler shall file a written

application under oath on a form provided by th e commission. An applicant who

owns more than one (1) secondary metals recycling location shall file an application

for each location. Upon approval of the application and payment of the application

fee, the commission shall issue a license to the applicant.

(2) Any person listed on an application for a secondary metals recycler business license

shall be at least eighteen (18) years of age prior to the date the application is

submitted.

(3) (a) Prior to approval of the application, the commission shall requ ire a name -

based background check on each applicant.

(b) Each applicant shall provide written authorization to the Department of

Kentucky State Police to perform a name-based background check and release

the results to the commission.

(c) Any request for a name-based background check shall be on a form or

through a process approved by the Department of Kentucky State Police,

which may charge a fee to be paid by the applicant in an amount no greater

than the actual cost of processing the request.

(d) The com mission shall not issue a license to an applicant if the name -based

background check results reveal that within the last five (5) years the

applicant has been convicted of, or entered a plea of guilty, an Alford plea, or

a plea of nolo contendere to, a fel ony involving theft, larceny, dealing in

stolen property, receiving stolen property, burglary, embezzlement, or

obtaining property by false pretenses, any felony drug offense, or intentionally

violating the laws of the Commonwealth relating to licensure as a secondary

metals recycler.

(4) The application for a license shall be in a form prescribed by the commission and

shall contain at a minimum the following:

(a) The name, address, and telephone number of the secondary metals recycling

business;

(b) The name, home address, and telephone number of each applicant;

(c) The address of each secondary metals recycling business owned by the

applicant;

(d) Contact information for the purposes of KRS 433.906;

(e) The nature or character of the goods, wares, me rchandise, or services to be

offered by the applicant;

(f) Any criminal convictions within the past five (5) years related to theft, stolen

property, or other pecuniary crimes of the applicant; and

(g) A statement of whether the applicant has previously be en denied a license

under this section or if the applicant has had a previous license revoked or

suspended, and if so, the reasons or circumstances surrounding the denial,

revocation, or suspension of the license.

(5) Each application for a license as a se condary metals recycler shall be accompanied

by a reasonable fee as established by the commission.

(6) Licenses issued by the commission shall be subject to annual renewal and shall

expire unless renewed upon payment of a reasonable renewal fee in the mann er

prescribed by the commission.

(7) A secondary metals recycler business license shall be conspicuously displayed at

each secondary metals recycling business owned by a secondary metals recycler.