TITLE 10
COMMERCE AND TRADE
Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.
ARTICLE 14
SECONDARY METALS RECYCLERS
10-1-350. Definitions.
As used in this article, the term:
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"Aluminum property" means aluminum forms designed to shape concrete.
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"Burial object" means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted.
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"Business license" means a business license, an occupational tax certificate, and other document required by a county or municipal corporation and issued by the appropriate agency of such county or municipal corporation to engage in a profession or business.
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"Coil" means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within the system itself, or coil from an automobile condenser.
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"Copper property" means any copper wire, copper tubing, copper pipe, or any item composed completely of copper.
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"Deliverer" means any individual who takes or transports the regulated metal property to the secondary metals recycler.
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"Ferrous metals" means any metals containing significant quantities of iron or steel.
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"Law enforcement officer" means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof.
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"Nonferrous metals" means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof.
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"Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity.
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"Personal identification card" means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or a current work authorization issued by the federal government, which shall contain the individual's name, address, and photograph.
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"Purchase transaction" means a transaction in which the secondary metals recycler gives consideration in exchange for regulated metal property.
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"Regulated metal property" means any item composed primarily of any ferrous metals or nonferrous metals and includes aluminum property, copper property, and catalytic converters but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers.
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"Secondary metals recycler" means any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value.
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"Seller" means the rightful owner of the regulated metal property or the individual authorized by the rightful owner of the regulated metal property to conduct the purchase transaction.
(Code 1981, §10-1-350, enacted by Ga. L. 1992, p. 2452, § 1; Ga. L. 2002, p. 415, § 10; Ga. L. 2005, p. 334, § 4-1/HB 501; Ga. L. 2007, p. 650, § 1/SB 203; Ga. L. 2009, p. 731, § 1/SB 82; Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2015, p. 588, § 1/HB 461.)
The 2015 amendment,
effective July 1, 2015, added paragraph (3) and redesignated former paragraphs (3) through (14) as paragraphs (4) through (15), respectively; and deleted "batteries," following "but shall not include" in paragraph (13).
Editor's notes.
- Ga. L. 2012, p. 112,
§
4-1(a)/HB 872, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to all offenses committed on or after July 1, 2012.
Law reviews.
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For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).