LICENSING OF REGULATED PROPERTY DEALERS.

Dallas City Code ch. 39B, art. II

in effect

Dallas City Code § 39B-7 LICENSE REQUIRED.

SEC. 39B-7. LICENSE REQUIRED. (a) A person commits an offense if, without a license issued under this article, he: (1) purchases regulated property from other than a manufacturer or authorized vendor for resale or salvage use; or (2) operates a business establishment that purports to purchase regulated property from other than a manufacturer or authorized vendor for resale or salvage use. (b) An application for a license must be made on a form provided by the chief. Each applicant must be qualified according to the provisions of this chapter. (c) A person who wishes to purchase regulated property for resale or salvage use must sign the application as applicant. If the person is a legal entity, including but not limited to a corporation, partnership, association, or joint venture, each individual who has a 20 percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 39B-8(a), and each applicant shall be considered a licensee if a license is granted. (d) It is a defense to prosecution under this section that, at the time of the alleged offense, the person was purchasing regulated property for resale or salvage use under the specific authority of a valid license issued by the State of Texas or the United States government. A license must still be obtained under this section for those activities conducted by a dealer that are not specifically authorized by a state or federal license. (Ord. Nos. 17398; 20241; 21310)

Dallas City Code § 39B-8 ISSUANCE OF LICENSE; POSTING.

SEC. 39B-8. ISSUANCE OF LICENSE; POSTING. (a) The chief shall issue a license to an applicant within 30 days after receipt of an application unless it is determined that one or more of the following is true: (1) An applicant is under 18 years of age. (2) An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse. (3) An applicant failed to answer or falsely answered a question or request for information on the application form provided. (4) An applicant or an applicant’s spouse has been convicted of two or more offenses under Section 39B-5 of this chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (5) An applicant has not obtained a certificate of occupancy for the premises in which the applicant intends to do business. (6) The license fee required by this chapter has not been paid. (7) An applicant has been convicted of a felony or a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole, or probation; the fact that a conviction is being appealed shall have no effect. If three years have elapsed, the chief shall, in accordance with Section 4(c), Article 6252-13c of Vernon’s Texas Civil Statutes, determine the present fitness of the applicant to be licensed from the information and evidence presented with the application. (8) An applicant has been convicted of an offense under any federal or state law providing record-keeping or licensing requirements for persons purchasing or selling regulated property, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed shall have no effect. (b) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the premises for which the license is granted. A license issued pursuant to this chapter shall be valid only for the location stated in the application. Should any licensee move a place of business from the place stated on the license to a new location, the licensee shall give the chief prior written notice and present the license to the chief to have the change of location noted on the license. (c) The license shall be posted in a conspicuous place at or near the entrance to the licensed premises so that it may be easily read at any time. (Ord. Nos. 17398; 20241; 21310)

Dallas City Code § 39B-9 FEES.

SEC. 39B-9. FEES. The annual fee for a license issued under this article is $245. (Ord. Nos. 17398; 18411; 20241; 20612; 21310; 22206)

Dallas City Code § 39B-10 EXPIRATION OF LICENSE.

SEC. 39B-10. EXPIRATION OF LICENSE. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 39B-7. To assure reissuance of a license prior to expiration, application for renewal should be made at least 30 days before the expiration date. (Ord. Nos. 17398; 20241; 21310)

Dallas City Code § 39B-11 REVOCATION.

SEC. 39B-11. REVOCATION. (a) The chief shall revoke a license if it is determined that one or more of the following is true: (1) A licensee has given a false statement as to a material matter submitted to the chief during the application process. (2) A licensee, an individual who is a business associate of the licensee in the same or a related business or a corporate officer of the licensee, or an employee of the licensee has been convicted within a two-year period of two or more offenses under Section 39B-5 of this chapter. If a conviction is appealed, the time period between conviction and final disposition on appeal of the conviction is not included in calculating the two-year period if the conviction is affirmed. (3) A licensee has been convicted of any felony or of a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed shall have no effect. (4) An applicant has been convicted of an offense under any federal or state law providing record-keeping or licensing requirements for persons purchasing or selling regulated property, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed shall have no effect. (b) When the chief revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became final. If, subsequent to revocation, the chief finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became final. If the license was revoked under Subsection (a)(3) of this section, an applicant may not be granted another license within three years of the termination of any sentence, parole, or probation. (Ord. Nos. 17398; 20241; 21310)

Dallas City Code § 39B-12 RESERVED. (Ord. 21310)

Dallas City Code § 39B-13 APPEAL.

SEC. 39B-13. APPEAL. If the chief denies the issuance of a license, or revokes a license, a written notice of the action and the right to an appeal shall be sent to the applicant, or licensee, by certified mail, return receipt requested. The aggrieved party may appeal the decision of the chief to a permit and license appeal board in accordance with Section 2-96 of this code. The action of the chief is final unless a timely appeal is made. The filing of an appeal stays the action of the chief in revoking a license until the permit and license appeal board makes a final decision. (Ord. Nos. 17398; 20241; 21310)

Dallas City Code § 39B-14 TRANSFER OF LICENSE.

SEC. 39B-14. TRANSFER OF LICENSE. A licensee shall not: (1) transfer a license issued under this chapter to another; or (2) operate a business engaged in the purchase of regulated property for resale or salvage use under the authority of a license at any place other than the address designated in the license application. (Ord. Nos. 17398; 20241; 21310)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-117832Fetched: 10/26/2026