§ 59-1425. Violations, penalties - Operating without sales tax permit - Knowingly providing false information - Burnt copper material - Violations reported - Revocation of permit.  


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  • A.  Any person found in violation of any provision of the Oklahoma Scrap Metal Dealers Act, with the exceptions as provided by subsections B, C and D of this section, shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) per offense.  Any person convicted of a second violation of the Oklahoma Scrap Metal Dealers Act shall be guilty of a misdemeanor and punished by a fine of not more than Five Thousand Dollars ($5,000.00) per offense or by imprisonment in the county jail for a period of not more than six (6) months.  Any person convicted of a third or subsequent violation of the Oklahoma Scrap Metal Dealers Act shall be guilty of a felony punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) per offense or by imprisonment in the custody of the Department of Corrections for a period of not more than two (2) years, or by both such fine and imprisonment.

    B.  Any person acting as a scrap metal dealer without a scrap metal dealer license or a sales tax permit as required by the Oklahoma Scrap Metal Dealers Act shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not more than Five Hundred Dollars ($500.00); provided, that each day of operation in violation of the Oklahoma Scrap Metal Dealers Act shall constitute a separate offense.

    C.  Any person who knowingly provides false information with respect to the provisions of subsection I of Section 1423 of this title shall, upon conviction, be guilty of a felony and punished by a fine of Five Thousand Dollars ($5,000.00), or by imprisonment in the custody of the Department of Corrections for a period of not more than two (2) years, or by both such fine and imprisonment.

    D.  Any person convicted of purchasing or selling burnt copper material or copper wire as prohibited by subsection G of Section 1423 of this title shall, upon first conviction, be guilty of a misdemeanor and punished by a fine of Two Thousand Five Hundred Dollars ($2,500.00).  Any person convicted of a second or subsequent violation shall be guilty of a felony punishable by a fine of Five Thousand Dollars ($5,000.00), or by imprisonment in the custody of the Department of Corrections for a period of not more than two (2) years, or by both such fine and imprisonment.

    E.  Each scrap metal dealer convicted of a violation of the Oklahoma Scrap Metal Dealers Act shall be reported to the Oklahoma Tax Commission by the clerk of the court rendering such verdict.

    F.  The Tax Commission shall revoke the sales tax permit of any person convicted of three separate violations of the Oklahoma Scrap Metal Dealers Act.  The person shall not be eligible to receive a sales tax permit for such purpose for a period of one (1) year following the revocation.  The revocation procedure shall be subject to notice and hearing as required by Section 1426 of this title.

Added by Laws 2008, c. 391, § 5, eff. Nov. 1, 2008.  Amended by Laws 2013, c. 230, § 4, eff. Nov. 1, 2013.