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§ 111.04 QUALIFICATIONS OF APPLICANT.
   (A)   The Police Chief, or designate, shall investigate the qualifications of applicants for secondhand store license. The Chief of Police may interview the applicant or any employee of the applicant prior to recommending a determination to the application.
   (B)   (1)   An application may be denied for the following reasons:
         (a)   The applicant has been convicted of a crime or offense involving theft and related offenses, burglary, criminal trespass, criminal mischief or robbery as those crimes are defined in ORS Chapter 164 or its counterpart in another jurisdiction;
         (b)   The applicant has engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession;
         (c)   The applicant failed to supply the required application information or submits false or misleading information;
         (d)   The applicant has previously violated the provisions contained in this chapter or its counterpart in another jurisdiction;
         (e)   The applicant has failed to pay any fee required to be paid by this chapter; or
         (f)   The location of the business is inconsistent with the zoning ordinance or other development regulation of the city.
      (2)   If denial of license issue is recommended, the Police Chief, or designate, shall report to the City Manager the reason(s) therefor.
(Ord. 1100, passed 5-2-1988; Ord. 1244, passed 11-21-2001)
§ 111.05 REQUIREMENTS FOR ISSUANCE OF LICENSE.
   (A)   No license shall be issued to a person conducting a secondhand store within the city unless the person shall meet the standards contained herein this chapter.
   (B)   (1)   Licenses shall be issued only upon written application, stating the applicant’s consent to the terms of this chapter and to the inspection of the licensed premises and written records at any time by a police officer of the city. Such application shall be verified under oath and shall include the following information:
         (a)   The full name and any other name used by applicant, date of birth, residence, present and previous occupations of the applicant and that of all full- or part-time employees;
         (b)   A statement whether the applicant is a United States citizen;
         (c)   The business name and location of the principal place of business, as well as the zoning designation of the location;
         (d)   The length of time the applicant has been a resident of the state;
         (e)   Information regarding any criminal convictions; and
         (f)   Such other information as the City Manager shall find reasonably necessary.
      (2)   When application for license is made by or on behalf of a partnership, corporation or association, the application shall be made by the manager, officer, agent or other person managing a secondhand store.
(Ord. 1100, passed 5-2-1988; Ord. 1244, passed 11-21-2001)
§ 111.06 TRANSFER OF LICENSE PROHIBITED.
   No license issued under this chapter shall be transferred or assigned.
(Ord. 1100, passed 5-2-1988) Penalty, see § 111.99
§ 111.07 PROHIBITIONS.
   (A)   No person shall knowingly buy, sell, receive, dispose of or possess any article of personal property from which the manufacturer’s serial number or other identification mark has been removed, defaced or covered for the purpose of concealing or misrepresenting the article. Any person receiving an offer to purchase or acquire an article of personal property which is defaced as described above shall immediately notify the Police Chief.
   (B)   No secondhand dealer may purchase or acquire secondhand merchandise, except old rags or paper, from a person under 18 years of age without the written consent of the parent or guardian of the person.
(Ord. 1100, passed 5-2-1988) Penalty, see § 111.99
§ 111.08 WRITTEN RECORD REQUIRED.
   Persons managing secondhand stores shall keep a written record which itemizes and accounts for all personal property purchased, received, sold or given away. The record shall give an adequate description of the property, the date of the transaction and the name of the person(s) selling, delivering or receiving the items. Written records may be inspected at any time by a public officer of the city.
(Ord. 1100, passed 5-2-1988)
§ 111.09 PROPERTY TO BE RETAINED; NOTICE BY POLICE OFFICER.
   All personal property purchased or acquired by a secondhand store shall be held or retained by the store for at least five days from the date of purchase or acquisition. When a secondhand dealer is notified by a police officer to retain an article purchased by the dealer, in order for the police to determine whether the article is stolen, the dealer, upon receipt of the notice, shall retain the article for 15 days from receipt of the notice.
(Ord. 1100, passed 5-2-1988)
§ 111.10 VIOLATIONS.
   A license may be cancelled if it is found that the licensee, his or her agent, employee, representative or other person employed in or managing the licensed premises knowingly permitted the secondhand store to violate any city ordinance. Before such cancellation, the licensee or person managing the licensed place shall be notified and may have a hearing before the City Council if demand for a hearing is made within three days from the date of notification. Notice may be given either personally or by leaving the same at the licensed premises.
(Ord. 1100, passed 5-2-1988) Penalty, see § 111.99
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