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HomeMy WebLinkAbout2774 Business License ProcedureORDINANCE NO. 2774 AN ORDINANCE AMENDING CHAPTERS 6.12, 6.16, 6.28 and 6.32 OF THE ASHLAND MUNICIPAL CODE TO STANDARDIZE PERMIT PROCEDURES FOR BUSINESS LICENSES; AMENDING CHAPTER 6.24 TO CONFORM REGULATION OF PEDDLERS TO EXISTING LAW AND DELETING CHAPTER 6.08 PERTAINING TO DANCE HALL LICENSES AND CHAPTER 6.20 PERTAINING TO PLACES OF AMUSEMENT. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.08 of the Ashland Municipal Code is deleted. SECTION 2. Section 6.12.030 of the Ashland Municipal Code is amended to read: 6.12.030 License--Application. A. Before any license is issued pursuant to this chapter, the applicant shall submit to the police chief a written application for the license, on forms provided by the city, which application shall include the following information: 1. An affidavit setting out the full name, age, residence, present occupation, and occupations for the preceding five years of the applicant. The affidavit shall show facts sufficient to prove to the satisfaction of the police chief the good character, competency, and integrity of each such affiant, and shall list any previous arrests or convictions of or for a crime. 2. A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 3. A copy of applicant's concealed weapon permit issued by the Jackson County Sheriff. B. At the time of filing the application, a license processing fee shall be charged and collected by the police department. The fee for such service shall be established by resolution of the city council. SECTION 3. Section 6.12.040 of the Ashland Municipal Code is amended to read: 6.12.040 Investigation-Report. If the police chief finds after investigation that the character, competency, and integrity of the applicant are such as to command the confidence of the public,the police chief shall recommend to the city recorder that the license be issued. If the city recorder determines that all other requirements have been met, the license shall be issued as provided in section 6.04.080. If the application is denied, the applicant may appeal in writing to the city council within ten days of the date of denial by the police chief. No person shall be issued a license if such person has been convicted of any theft-related crime within ten years preceding the application. SECTION 4. Section 6.12.050 of the Ashland Municipal Code is deleted. Business license permit procedure SECTION 5. Section 6.12.080 of the Ashland Municipal Code is amended to read: 6.12.080 License--Revocation. If, at any time, the activities of a licensee, or employees of the licensee, shall be such that the best interests of the citizens are not fully protected, the city recorder may revoke the license. It shall be the duty of the police chief to make periodic investigations of the activities of any licensee, and to ascertain any and all information which may be of benefit in determining whether or not license should be continued in force and effect. If the license is revoked, the licensee may appeal in writing to the city council within five days of revocation, in which case the license shall be suspended until decided by the city council. SECTION 6. Section 6.12.100 of the Ashland Municipal Code is deleted. SECTION 7. Section 6.16.010.A of the Ashland Municipal Code is amended to read: 6.16.010 Definitions. A. For the purposes of this chapter, pawnbroker means a person, firm, or corporation engaged in conducting, managing, or carrying on the business of loaning money for the pawnbroker or for any other person, firm, or corporation, on personal property, personal security, pawns, or pledges, or the business of purchasing articles of personal property and reselling, or agreeing to resell, such articles to vendors, or their assigns, at prices agreed upon at or before the time of such purchase. A pawnshop is defined to be any room, store, or place in which any such business is engaged in, carried on, or conducted. SECTION 8. Section 6.16.015 is added to the Ashland Municipal Code: 6.16.015 License Required. It shall be unlawful for any person, firm or corporation to be a pawnbroker or secondhand dealer except as provided and as authorized by this chapter, and without having first obtained a business license from the city. SECTION 9. Section 6.16.025 of the Ashland Municipal Code is amended to read: 6.16.025 License Processing Fee. At the time of filing the application for a pawnbrokers or secondhand dealers business license, the city recorder shall charge and collect a license processing fee. The fee for such service shall be established by resolution of the city council. SECTION 10. Section 6.16.030 of the Ashland Municipal Code is amended to read: 6.16.030 Record of purchases--Forms. The police chief shall deliver such forms to the persons from whom reports are required, free of charge, and shall upon receipt of the reports keep them on file, and the reports shall be open to inspection of the police department, or upon order of any court. SECTION 11. Chapter 6.20 of the Ashland Municipal Code is deleted. PAGE 2-ANNOTATED ORDINANCE (p:ord\busin ...... d) SECTION 12. Chapter 6.24 of the Ashland Municipal Code is amended to read: Chapter 6.24 PEDDLERS Sections: 6.24.010 6.24.O20 6.24.025 6.24.030 6.24.040 6.24.O45 6.24.060 6.24.090 6.24.110 6.24.12O Definitions. Prohibited Acts. Consent to Enter Onto Real Property, Exemptions. Application--Fee. Issuance. No Solicitation Sign. License--Exhibition. License--Revocation. Peddling--Prohibited in streets. Penalty. 6.24.010 Definition. For the purposes of this chapter the term "peddler" means a person who enters onto real property used for residential purposes for the purpose of communicating with an occupant of the property, whether the communication is verbal, visual, or in writing. "Department" means the finance department of the city. (Ord. 1102 §2, 1949; Ord. § , 1996). 6.24.020 Prohibited Acts. It is unlawful for any peddler to: A. Solicit before 9 a.m. or after 9 p.m. when the local time is daylight savings time or after 8 p.m. when the local time is standard time, without the consent of the occupant to do so. B. Solicit without first having obtained a city business license. C. Solicit after a business license has been revoked or has expired. D. Allow, suffer, or permit any person soliciting on the peddler's behalf or under the peddler's direction to commit any act prohibited by this chapter. E. Provide false or fraudulent information on an application. F. Leave written materials upon real property where a sign conforming to the requirements of section 6.24.045 is posted. G. Solicit upon real property where a sign conforming to the requirements of section 6.24.045 is posted. (Ord. 1102 S1, 1949; Ord. § , 1996). 6.24.025 Consent to Enter Onto Real Property, Exemptions. A. It shall be an affirmative defense to an alleged violation of section 6.24.020.A, F, or G that the person charged with the violation had received actual or constructive consent of the occupant prior to entering the real property. Constructive consent to enter real property may be implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships. B. The occupant of real property shall be considered to have given constructive consent to enter real property for the purpose of solicitation between the hours of 9 a.m. and 9 p.m., when the local time is daylight savings time or between 9 a.m. and 8 PAGE 3-ANNOTATED ORDINANCE (p:ord\busi ..... ord) p.m., when the local time is standard time, if the occupant has not posted a "No Solicitation" sign, pursuant to section 6.24.045. C. Nothing in this section shall be construed to authorize the entry into a structure located on real property. The right to enter any structure must be otherwise provided for by law. D. Officers, employees, or agents of a governmental entity while performing activities within the scope of their office, employment, or agency are exempt from the requirements of this chapter. E. No person may be charged with a violation of any subsection of section 6.24.020 in connection with an act committed between 4 p.m. and 9 p.m. on each October 31 st. 6.24.030 Application-Fee. A. Any person who desires to solicit at five or more dwelling units during any eight hour period shall register with the department by filing for a business license for the purpose of peddling and a sworn application on a form furnished by the department, which gives the following information: (Ord. 2231, S1, 1982; Ord. § , 1996). 1. The time period within which the solicitation is to be made, giving the date of the beginning of solicitation and its projected conclusion; 2. A description of the methods and means by which the solicitation is to be accomplished and the approximate locations and dates on which those locations will be visited; 3. A copy of the applicant's motor vehicle operator's license or other form of official identification containing a photograph of the applicant. If the applicant has no such license or identification, then the applicant shall be required to furnish evidence of the applicant's true identity.; 4. A statement as to whether or not the applicant or any officer, director, trustee, partner, corporation, or any current agent or employee engaging in the solicitation has signed a consent decree or order in the last five years or has been convicted of a felony or a misdemeanor involving moral turpitude within the past five years, and the nature of the offense, or consent decree or order, the state where the conviction, or consent decree or order occurred, and the year of such conviction, or consent decree or order. (Ord. 1693 S1, 1971; Ord. 1102 S3, 1949; Ord. 2231 S2, 1982; Ord. 2622, S3, 1991; Ord. § ,1996). 6.24.040 Issuance. A. Upon receipt of such application, the department shall determine its compliance with section 6.24.030, and, within ten working days of the receipt of the application, either issue a business license pursuant to chapter 6.04 or notify applicant that the application does not comply with the requirements of section 6.24.030 or chapter 6.04. The department shall keep a record of all permits issued. (Ord. 2231 S3, 1982; Ord. § , 1996). 6.24.045 No Solicitation Siqn. A. If an occupant of real property chooses to not invite peddlers onto property, the occupant may post a "No Solicitation" sign pursuant to this section. The effect of the posting of such a sign is to express the refusal of the occupant to grant consent to any person to enter the occupant's real property to PAGE 4-ANNOTATED ORDINANCE Ip:ord~,business.ord) solicit, except to those persons exempt from these provisions by section 6.24.025.D and E. B. Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal points of entry must be no smaller than 6" in height by 8" in width and the words "no solicitation" in letters no less than 1/2" in height. C. For real property possessing no apparent barriers to entry at the boundaries of the property which limit access to the primary entrance of a structure located on the property, placement of the sign at the primary entrance to the structure constitutes compliance with this section. 6.24.050 License--Fee. (Ord. 1102 S5, 1949; Ord. 2231 S4, 1982; repealed Ord. §__, 1996). 6.24.060 License--Exhibition. Peddlers are required to exhibit their business licenses at the request of any citizen. The permit shall not be used as or represented to be an endorsement by the city or any of its officers or employees. (Ord. 1102 S6, 1949; Ord. § , 1996). 6.24.070 Enforcement. (Ord. 1102 S7, 1949; repealed Ord. § , 1996). 6.24.080 Records. (Ord. 1102 S8, 1949; Ord. 2231 S5, 1982; repealed Ord. 1996). 6.24.090 License--Revocation. A. A business license for a peddler may be revoked by the City Judge after notice and hearing, for any of the following causes: 1. Fraud, misrepresentation, or false statement contained in the application for license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on business as a peddler; 3. Any violation of this chapter; 4. Conviction of any crime or misdemeanor involving moral turpitude; or 5. Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public. B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee, at licensee's last known address, at least ten days prior to the date set for hearing. (Ord. 1102 S9, 1949; Ord. § , 1996). 6.24.100 License--Expiration. (Ord. 1102 S10, 1949; repealed Ord. § , 1996). 6.24.110 Peddling--Prohibited in streets. It is unlawful for any person to offer for sale or sell merchandise, food or drinks on any public sidewalk, street or in any other public place in any commercial zone of the City. However, the City Council may, at its discretion, grant permission to persons to hold sales on the sidewalks in the PAGE 5-ANNOTATED ORDINANCE {p:ord\business.ord) commercial zones of the City upon such terms and conditions as it deems appropriate. (Ord. 1693 S3, 1971; Ord. 1102 S15, 1949; Ord. __ § , 1996). 6.24.120 Penalty. Any person violating any of the provisions of this chapter is guilty of an infraction and shall be subject to the penalties set forth in Section 1.08.020. (Ord. 1810, 1974; Ord. 1693 S2, 1971; Ord. 1102 S14, 1949; Ord. 2382 S6, 1986; Ord. § , 1996). SECTION 13. Section 6.28.110 of the Ashland Municipal Code is amended to read: 6.28.110 Approval of Drivers. A. It shall be unlawful for any person to operate a taxicab in the City of Ashland unless such person has previously been approved by the police chief in accordance with the terms of this chapter. B. Application for approval shall be made to the police chief accompanied by the payment of a fee which shall be established by resolution of the city council, and shall set forth the name, address, age and Oregon driver's license number of the applicant. The application shall have attached to it the certified abstract of the driver's license of the applicant and two passport size photos of the applicant. C. Upon receipt of such application, the police chief shall make such investigation of the applicant's physical or mental condition which would, in the judgment of the police chief, impair the applicant's ability to safely operate a taxicab. D. No approval to operate a taxicab shall be issued unless the applicant: 1. Shall be 21 years of age or more, 2. Shall not have been convicted of any crimes involving moral turpitude or dishonesty, 3. Possesses a valid Oregon driver's license, 4. Has not had his or her driver's license revoked by any state within the last five years, and 5. Did not make any false statements in the application. E. If the police chief determines that the applicant meets the requirements of this chapter, the recorder shall issue the permit. The permit shall expire on June 30th of each year regardless of the date of issue and may be renewed from year to year upon application to the police department. There shall be no fee for a renewal. F. If the application is denied, the applicant may, within seven days of notification of the denial by the police chief, appeal the matter in writing to the city council. The city council shall hear the appeal at its next regular meeting and may either deny or grant the license. SECTION 15. Section 6.32.030.A of the Ashland Municipal Code is amended to read: 6.32.030 Application Process. A. Procedure. Any person, firm or corporation requesting a liquor license through the O.L.C.C. shall present the completed license application forms prescribed by O.L.C.C. to the city recorder. PAGE 6-ANNOTATED ORDINANCE (p:ord\business.orcl) SECTION 16. Section 6.32.040 of the Ashland Municipal Code is amended to read: 6.32.040 Application Fees. The city recorder shall charge and collect a license investigation fee at the time the application is filed. The fees for such services shall be established by resolution of the city council. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the and duly,PASSED and ADOPTED this Barbara Christensen, City Recorder *¢q day of ' "'~f' ~ - , 1996, //~ day of L. , 1996. SIGNED and APPROVED this day of ~//(~'-./L..~z.~ , 1996. Catherine M. Golden, Mayor ,~/~ d~,~~ Paul Nolte, City Attorney PAGE 7-ANNOTATED ORDINANCE