A. Applications for secondhand dealer's permit must be notarized, and shall be filed with the Chief of Police and shall include payment of the required annual permit fee. Individual employee history forms containing the required information of each employee need not be notarized, but must be signed by the specific individual represented on the form.
B. The Chief of Police shall conduct an investigation of the applicant and all principals and employees directly engaged in the management or operation of the business listed according to the requirements in §§ 5.06.040A. and B. The Chief shall issue such permit if no cause for denial as noted herein exists.
C. The Chief of Police shall deny an application for a secondhand dealer's permit if:
1. The applicant, or any other person who will be directly engaged in the management or operation of the business, or any person who owns a 5% or more interest in the business, has previously owned or operated a business regulated by this chapter or a similar ordinance or law of another city, county or state, and:
a. The license and permit for the business has been revoked for cause which would be grounds for revocation pursuant to this chapter; or
b. The business has been found to constitute a public nuisance and abatement has been ordered;
2. Any person involved in the business has been convicted of any criminal offense related to fraud, deception, dishonesty or theft, or convicted of any violation of this chapter or laws of any city, county or state;
3. The operation as proposed by the applicant would not comply with all applicable requirements of statutes and local ordinances including, but not limited to: building, health, planning, zoning and fire chapters;
4. Any statement in the application is found to be false or any required information is withheld;
5. Evidence exists to support a finding that the location of the business for which the application has been filed has a history of violations of the provisions of this chapter; or
6. The operation does not comply with applicable federal or state licensing requirements.
D. Notwithstanding § 5.06.050B., the Chief of Police may grant a permit despite the presence of 1 or more of the enumerated factors, if the applicant establishes to the Chiefs satisfaction that:
1. The behavior evidenced by such factor(s) is not likely to recur;
2. The behavior evidenced by such factor(s) is remote in time; and
3. The behavior evidenced by such factor(s) occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of this chapter.
E. Secondhand dealer's permits shall be for a term of 1 year and shall expire on the anniversary of their issuance. The permits shall be nontransferable and shall be valid only for a single location. When the business location is to be changed, the permit holder shall provide the address of the new location in writing to the Chief for approval or disapproval at least 30 days prior to such change.
F. All secondhand dealer's permits shall be displayed on the business premises in a manner readily visible to patrons.
G. The Chief of Police will have primary authority concerning the issuance of a permit. If an applicant for permit is denied, denied applicants will make their first appeal to the hearings officer. If denial of an application for permit is denied by the hearings officer, review shall be by writ of review as provided in O.R.S. §§ 34.010 to 34.100.
(Ord. 1386, passed 11-6-2013)