(a) Commercial account means a relationship between a scrap metal business and a commercial enterprise that is ongoing and properly documented under § 74104 of this Chapter.

(b) Commercial enterprise means a corporation, partnership, limited liability company, association, government department or agency, public corporation, or any other legal or commercial entity.

(c) Commercial metal property means: Utility access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a commercial enterprise, including, but not limited to, a telephone, commercial mobile radio services, cable, electric, water, natural gas or other utility; unused or undamaged building construction materials consisting of copper pipe, tubing, or wiring, or aluminum wire, siding, downspouts, or gutters; aluminum or stainless steel fence panels made from one (1) inch tubing, forty-two inches (42″) high with four inch (4″) gaps; aluminum decking,

COL292017
11 Guam Code Ann. FINANCE & TAXATION
CH. 74 SCRAP METAL DEALERS

bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; or agricultural irrigation wheels, sprinkler heads, and pipes.

(d) Nonferrous metal property means metal property for which the value of the metal property is derived from the property’s content of copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. Nonferrous metal property does not include precious metals.

(e) Precious metals means gold, silver, and platinum.

(f) Record means a paper, electronic or other method of storing information.

(g) Scrap metal business means a scrap metal supplier, scrap metal recycling center, and scrap metal processor.

(h) Scrap metal processor means a person with a current business license that conducts business from a permanent location, that is engaged in the business of purchasing or receiving nonferrous metal property and commercial metal property for the purpose of altering the metal in preparation for its use as feedstock in the manufacture of new products, and that maintains a hydraulic bailer, shearing device or shredding device for recycling.

(i) Scrap metal recycling center means a person with a current business license that is engaged in the business of purchasing or receiving nonferrous metal property and commercial metal property for the purpose of aggregation and sale to another scrap metal business and that maintains a fixed place of business within the island.

(j) Scrap metal supplier means a person with a current business license that is engaged in the business of purchasing or receiving nonferrous metal property for the purpose of aggregation and sale to a scrap metal recycling center or scrap metal processor and that does not maintain a fixed business location in the territory.

(k) Transaction means a pledge, or the purchase of, or the trade of any item of nonferrous metal property by a scrap metal business from a member of the general public. Transaction does not include donations or the purchase or receipt of nonferrous metal property by a scrap metal business from a commercial enterprise,

COL292017
11 Guam Code Ann. FINANCE & TAXATION
CH. 74 SCRAP METAL DEALERS

from another scrap metal business or from a duly authorized employee or agent of the commercial enterprise or scrap metal business.