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It shall be unlawful for any auctioneer, solicitor, hawker or peddler to engage in business or to do any of the acts described in § 113.01 without first making application for and obtaining a license as provided by this subchapter.
(Prior Code, § 113.02) (Ord. 1080, passed 6-15-1987) Penalty, see § 113.99
(A) The license fee for auctioneers, solicitors, hawkers and peddlers shall be per the following schedule:
Auctioneers | $25 per day of auction sale |
Hawkers | Each $10 per month/$25 per year |
Peddlers | Each $10 per month/$25 per year |
Solicitors | Each $10 per month/$25 per year |
(B) Fees shall be paid in full prior to the issuance of the appropriate license.
(C) The City Recorder may waive the payment of the license fee for an applicant that is blind or an honorably discharged disabled veteran, suffering 40% or more disability, of the United States military services.
(Prior Code, § 113.03) (Ord. 1080, passed 6-15-1987)
Applicants for permit and license under this subchapter must file with the City Recorder a sworn application in writing (in duplicate) on a form to be furnished by the City Recorder, which shall give the following information:
(A) Name, date of birth, Social Security number, driver’s license number and description of the applicant;
(B) Address (legal and local);
(C) A brief description of the nature of the business and the goods to be sold;
(D) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(E) The length of time for which the right to do business is desired;
(F) If a vehicle is to be used, a description of the same, together with license number or other means of identification;
(G) A photograph shall be taken at the time of application to be attached to the applicable license;
(H) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
(I) Health certificates/state food handlers cards shall be presented for review for food sales whenever that certification is required by county or state agencies. Farm fresh produce is exempt from this requirement;
(J) At the time of filing an application, a background investigation and photo will be taken with a fee of $7 paid to the City Recorder in addition to the applicable license fee for each person going from door to door or place to place within the city; and
(K) The applicant shall agree to the inclusion in the application form and as a condition for the issuance of a license the terms and conditions as follows which shall be included and made a part of the application:
The undersigned applicant as a condition for the issuance of the license herein applied for by the City of Tillamook does hereby agree and consent to the following:
(1) I hereby consent to the release to Tillamook City, its officers and agents all medical information and records pertaining to my physical, emotional and mental health and well-being, and request that all doctors, hospitals, pharmacies and other health care providers, evaluators and other persons, firms and/or corporation having information concerning any and all matters pertaining to my physical, emotional and mental status, past, present and future, be furnished to Tillamook City, its officers and agents upon request, and that a photostat copy of this application shall serve as my release and consent. Further, I hereby release any and all parties engaged in obtaining and/or furnishing any of the aforesaid information, of and from all liability.
(2) I hereby consent to the release to Tillamook City, its officers and agents all information and records pertaining to my motor vehicle driving record and records pertaining to arrest and conviction of crimes, including violations of ordinances, offenses and infractions, and request that all law enforcement agencies and other persons, firms and/or corporations having information concerning any and all matters pertaining to the above-mentioned records, be furnished to Tillamook City, its officers and agents upon request, and that a photostat copy of this application shall serve as my release and consent. Further, I hereby release any and all parties engaged in obtaining and/or furnishing any of the aforesaid information, of and from all liability.
(3) I hereby appoint , who is my (wife, husband, father, mother, brother, friend, etc.) whose permanent residence address is (street address) and (post office box) , (city) , (state) (zip), (telephone #) as my agent for service of all notices, citations, complaints, both civil and criminal in nature, in addition to myself who may be served with any of the foregoing process which may be made, initiated or instituted by Tillamook City, its officers or agents, or by any person with whom I have had business dealings or made a contract or taken an order in connection with my business.
(4) I further consent and agree that service of any notice, citation or complaint, civil or criminal in nature, may be made upon me by forwarding the same to me personally or to my agent for service hereinbefore designated, by certified mail; and further, that upon the posting by the city, its officers, agent or other persons designated in division (3) preceding with the postage thereon paid and addressed to me or my agent for service, I shall be considered subject to the jurisdiction of the court in which such notice, citation and/or complaint is filed.
(5) The venue, that is to say, the place of trial upon any proceedings, civil or criminal in nature, instituted against me arising out of my activity in the exercise of the conduct of my business for which license herein applied for has been obtained, shall be Tillamook County, Oregon.
(6) I agree that no business transaction I make in the course of the conduct of my business shall be valid or binding upon the purchaser of my goods and/or services unless I have delivered to the purchaser at the time of the entering into of each transaction with the purchaser, a written statement which informs the purchaser that the transaction, contract, order, purchase order may be cancelled within three days after the date of the order, if the goods and/or services are delivered at the date of the execution or entering into of the transaction, contract, order or purchase order, or if the goods and/or services are delivered at a subsequent time the buyer will have the right to cancel within three days after receipt of the goods and/or services.
(Prior Code, § 113.04) (Ord. 1080, passed 6-15-1987)
If the Chief of Police shall determine after investigation that the facts set forth in the application are true, the applicant has not been convicted of a felony crime, petty theft, moral turpitude or any crime which would cause harm to the property or persons residing within the city within the past ten years, and he or she proposes to engage in a lawful and legitimate commercial or professional enterprise, he or she shall then approve the application and the City Recorder may issue the license applied for. No license may be issued without the investigation and recommendation of the City Police Chief or his or her designated officer.
(Prior Code, § 113.05) (Ord. 1080, passed 6-15-1987)
(A) The license shall be carried at all times by each solicitor for whom issued, when soliciting or canvassing in the city, and shall be exhibited by the solicitor wherever he or she shall be requested to do so by any police officer or any person solicited.
(B) (1) The license, with photo, will be presented at each home or place visited for the purpose of selling or canvassing.
(2) Each license shall carry a disclaimer of the city endorsement of the product, goods or service being offered. The wording shall be: “The City of Tillamook does not warrant, guarantee nor endorse the product, goods or service being offered by the licensed salesperson”.
(Prior Code, § 113.06) (Ord. 1080, passed 6-15-1987)
(A) Permits and licenses issued under the provisions of this subchapter may be revoked by the City Manager or Chief of Police of the city after notice of 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 his or her business as solicitor or as canvasser;
(3) Any violation of this subchapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude; or
(5) Conducting the business of soliciting, or of canvassing, in an unlawful manner or in such a manner as to constitute a breach of the peace or 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 by telephone to a number specified within the application at which an agent of the licensee is available for accepting this notification by the city, setting forth specifically the grounds of complaint and the time and place of hearing. A confirming notice shall be mailed postage prepaid, to the licensee at the address given in the application at least one day prior to the date set for hearing.
(Prior Code, § 113.07) (Ord. 1080, passed 6-15-1987)
Any person aggrieved by the action of the Chief of Police or the City Recorder in the denial of a permit or license, as provided in § 113.05, shall have the right of appeal to the City Council. The appeal shall be taken by filing with the City Council, within 14 days after notice of the action complained of has been mailed to the person’s last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the appellant in the same manner as provided in § 113.07 for notice of hearing on revocation. The decision and order of the City Council on the appeal shall be final and conclusive.
(Prior Code, § 113.08) (Ord. 1080, passed 6-15-1987)
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