Grants Pass Municipal Code
(Ord. 4540 §1, 1985 repealed Chapter 4.04 and replaced it with the following)
Title 4
TAXATION AND LICENSES
Chapters:
4.04 Occupational Tax
4.05 Transient Room Tax
4.08 Peddler's License
4.12 Secondhand Dealers, Junk Dealers and Pawnbrokers
4.16 Taxicabs
4.20 Private Detectives, Merchant Police and Similar Occupations
4.24 Amusement Devices and Vending Machines
Chapter 4.04
OCCUPATIONAL TAX
Sections:
4.04.010 Purpose.
4.04.020 Definitions.
4.04.025 Applications.
4.04.027 Review of Application.
4.04.030 Exemptions.
4.04.040 Branch Establishment Considered Separate Business.
4.04.045 Two or More Businesses on Same Premises.
4.04.050 Payment of Tax--Required.
4.04.060 Payment of Tax--Established by Resolution.
4.04.065 "Special Events."
4.04.067 Temporary License.
4.04.070 Estimate of Number of Individuals Carrying on Business.
4.04.080 Monthly Average of Individuals.
4.04.100 Due Date of Payment.
4.04.110 Civil Penalty.
4.04.120 Penalty for Past Due Payment.
4.04.130 Reduction of Tax Rate for New Business.
4.04.135 Relocation of a Business.
4.04.137 Evidence of Doing Business.
4.04.150 Additional Remedies.
4.04.010 Purpose.
A.
It is necessary that taxes be levied and fixed for purposes of deferring the
cost of police and fire protection and the cost of other necessary municipal
services to the businesses, professions, trades, callings and occupations
taxed by this chapter.
B.
The taxes imposed by this chapter shall be in addition to general
ad valorem taxes now or hereafter levied pursuant to law.
(Ord. 3837 §3, 1972)
4.04.020 Definitions.
A.
"Business" means any trade, profession, occupation, calling or regular
pursuit. The word "business" shall include the operation of rental units,
but only when three or more rental units are owned by any one operator.
The word "business" shall not include any corporation or organization
conducted solely for charitable, religious, community or public purposes.
(Ord. 3837 §2(1), 1972; Ord. 4401 §1, 1981)
B.
"Licensee" is one who has paid the occupational tax in accordance with
Chapter 4.04.
C.
"License" is evidence documenting payment of the occupational tax.
4.04.025 Applications.
A.
Applications shall be submitted on forms to be provided by the Finance
Director. Every application shall be signed by the owner of his duly
authorized agent and shall contain the following information:
1.
Name of person or persons owning business;
2.
Assumed business name, if any;
3.
Address of business premises, and business mailing address;
4.
Nature of business;
5.
Number of employees;
6.
Where the business premises of an applicant are situated outside
of the City, the number of employees to be engaged in the
transaction of the business within the City. The license issued on
the basis of the application shall be valid only to permit the
specified number of employees to transact business within the City
at any one time;
7.
Proof of the applicant's possession of any licenses, certificates, or
registrations that are required by state or federal law to conduct the
type of business listed on the application.
8.
The date of application, and the amount of money tendered by the
applicant.
9.
Such other information the Finance Director deems appropriate.
B.
Fees shall be computed on the basis of information contained in the
application, and no person shall knowingly sign or submit a business tax
application containing false information.
4.04.027 Review of Application.
A.
The Finance Department shall refer each application to the appropriate
departments of the City for review. The application will be denied where:
1.
The activity to be taxed would not comply with City ordinances, or
state, or federal law.
2.
The applicant fails to supply the information required, or submits
misleading or false information.
3.
The premises to be used by the business do not comply with all
City ordinances and requirements.
4.04.030 Exemptions.
Public utilities covered by franchise ordinances and making payments of fees
under such franchises are exempted from the provisions of this chapter.
Individuals engaged in distributing, peddling or selling newspapers after or before
public school hours, and trade apprentices receiving no compensation are also
exempt from the provisions of this chapter. (Ord. 3837 §2(2), 1972;
Ord. 4540 §1, 1985)
4.04.040 Branch Establishment Considered Separate Business.
Each branch establishment of a business or a separate business located and
conducted by any person shall be considered a separate business and subject to
the tax imposed by this chapter. Physically segregated parts of a business, the
use of which part is a necessary function toward the complete operation of the
business, shall not be considered a branch establishment.
(Ord. 3837 §2(3), 1972)
4.04.045 Two or More Businesses on Same Premises.
If two or more but substantially related businesses are carried on in the same
premises by the same owner, one license issued in the name of the business to
which the premises are primarily appropriated and based upon the total number
of individuals on the whole premises shall be sufficient for all such activities.
Otherwise, each business must pay the business tax. Any business activity
leased, under concession to, or owned wholly or in part by a different person or
persons on the same premises must be separately taxed. (Ord. 4540 §1, 1985)
4.04.050 Payment of Tax--Required.
A.
No person may engage in, prosecute, conduct, or carry on any business
without first having paid the tax provided for by this chapter.
B.
An agent or nonresident proprietor engaged in business shall pay the
required tax in this chapter and shall pay the penalties for failing to pay the
tax to the same extent as if the agent or nonresident proprietor were a
proprietor.
C.
A person that made a public presentation, by way of advertisement by
newspaper, radio, television, or similar media or by signs conspicuously
displayed for public view, that such business was being conducted,
expressly or impliedly offering to sell goods or services in the course of
such business to the public or any segment thereof, shall constitute prima
facie evidence that that person was transacting the business suggested by
such public representation, within the City on the date or dates during
which such representations were made.
D.
No license shall be issued to any person hereunder if such person has,
prior to making application conducted a business within the City without a
current, valid license issued hereunder, unless such person pays an
additional amount as set out by resolution for the period during which such
business was conducted. (Ord. 3837 §4, 1972; Ord. 4540 §1, 1985)
4.04.060 Payment of Tax--Established by Resolution.
Unless specifically exempted, all businesses shall pay a tax to operate a
business in Grants Pass. This tax shall be set by the Council of the City of
Grants Pass by resolution. The resolution shall be kept on file with the City
Finance Department and may be amended from time to time, as the Council
considers appropriate. (Ord. 3837 §5(1), 1972; Ord. 4358 §1, 1980;
Ord. 4456 §1, 1982)
4.04.063 Flea Markets.
A flea market license may be issued to a business that operates as a flea market,
in lieu of the annual Occupational Tax License. A flea market is a business
where booths, tables, or spaces are sold or rented for the purpose of conducting
sales of personal property. These general sales include, but are not limited to,
sales entitled "flea markets," "bazaars," and "rummage sales." Personal property
is that which is owned by the individual conducting the sale, is purchased for
resale, or is obtained on consignment. (Ord. 4540 §1, 1985)
4.04.065 "Special Events."
A temporary business license may be issued (in lieu of the annual occupational
tax) for such special events as trade shows, fairs, art shows, hobby shows, and
educational or cultural events at which several businesses may sell goods from
temporary booths or stalls. A special events license shall be issued to the
organization sponsoring the event and shall cover all businesses authorized by
the sponsor to participate therein. The sponsor may either be a non-profit
organization as defined in Section 4.04.020 or an organization that will realize a
profit from the event. Where the sponsor is a non-profit organization, a special
license is only required where one or more temporary booths or stalls are a
business as defined in Section 4.04.020. Such licenses shall be limited to a
period of not more than five consecutive days. A sponsoring organization shall
not be issued more than two such licenses in a calendar year. The fee for
licenses authorized by this section shall be set by resolution.
(Ord. 4540 §1, 1985)
4.04.067 Temporary License.
When 4.04.065 is not applicable, and an activity qualifies under this ordinance for
payment of a tax, an applicant that intends to conduct a business for less than 8
days may purchase a temporary license. The fee for a temporary license,
authorized by this section, shall be set by resolution. (Ord. 4540 §1, 1985)
4.04.070 Estimate of Number of Individuals Carrying on Business.
The purpose of this section is to include, for business tax purposes, all persons
actively engaged in the business operation. In arriving at the number of
individuals carrying on a business, the Finance Director shall count the
proprietors, partners, associates, officers and owners of the corporation actively
engaged in such business and the individuals employed regularly or on a part-
time basis. Individuals employed by an owner or proprietor of a business who
work entirely outside the corporate limits of the City shall not be counted.
(Ord. 3837 §5(2), 1972; Ord. 4540 §1, 1985)
4.04.080 Monthly Average of Individuals.
The monthly number of such individuals shall be the number considered carrying
on such business. Such monthly average shall be computed from the twelve
months' period prior to June 1st preceding the tax year or such portion thereof as
such business has existed. A new business shall declare the number of
individuals to be actively engaged or employed by the business. Any employer
or proprietor, partner or associate who works less than 20 hours per week for
more than one month is a part-time employee or proprietor. Fractional numbers
of one-half or over shall be considered as the next highest whole number.
Where during any one month one employee has been replaced by another, only
one employee shall be counted. (Ord. 3837 §5(3), 1972; Ord. 4540 §1, 1985)
4.04.100 Due Date of Payment.
A.
All taxes required by this section shall be for a fiscal year beginning July 1
and ending June 30 of the next year, and are due annually on or before
August 1st of the fiscal year for which the tax is imposed.
B.
For a business starting after July 1st, the tax shall be due by the first day
of the first calendar month after the start of business.
(Ord. 3837 §5(5) and §7(2), 1972)
C.
No licensee who has paid the tax required under this ordinance shall be
entitled to any refund. (Ord. 4540 §1, 1985)
4.04.110 Civil Penalty.
In any action or suit authorized by this section, the City if it prevails shall recover
a reasonable attorney's fee to be set by the courts, in addition to its costs and
disbursements. (Ord. 3837 §7(2), 1972)
4.04.120 Penalty for Past Due Payment.
Whenever any tax required by this chapter is not paid when due, the Finance
Director shall add to the tax as a penalty an amount equal to ten percent of the
tax for each month or part thereof during which the tax remains unpaid. The total
amount of penalties shall not exceed one hundred percent of the original tax.
Any such monies tendered to the City shall first be credited to pay the past
penalty, and past principal, the current penalty and current principal, in that order.
(Ord. 4540 §1, 1985)
4.04.130 Reduction of Tax Rate for New Business.
If, after January 1st, a person starts a business required to be taxed under this
chapter, such original tax rate shall be established by resolution.
(Ord. 3837 §5(6), 1972; Ord. 4456 §3, 1982)
4.04.135 Tax Transfer.
A business, which has a current occupational license, relocates within the City
limits of Grants Pass, or changes ownership, and carries on the same business,
with the same name, is allowed to transfer the occupational license. A fee for
this transfer will be set by resolution. (Ord. 4456 §2, 1982; Ord. 4540 §1, 1985)
4.04.137 Evidence of Doing Business.
In the trial of any alleged violation of Sections 4.04.010 to 4.04.150, evidence
that the defendant made a public presentation, by way of advertisement by
newspaper, radio, television, or similar media or by signs conspicuously
displayed for public view, that such business was being conducted, expressly or
impliedly offering to sell goods or services in the course of such business to the
public or any segment thereof, shall constitute prima facie evidence that the
defendant was transacting the business suggested by such public
representation, within the City on the date or dates during which such
representations were made. (Ord. 4540 §1, 1985)
4.04.150 Additional Remedies.
In addition to the penalties provided in this chapter as above set forth, and also in
addition to any other remedy available by the law of the state to the City, and as
a separate and distinct remedy, the City may sue in any court of competent
jurisdiction to obtain a judgment and enforce the collection of the tax, as well as
any applicable penalties thereunder as provided in this chapter, imposed by this
Chapter, in the manner provided by law. (Ord. 3837 §7(1), 1972)
Ordinance No. 4553 amending Ordinance No's. 4412 and 4523 of Chapter 4.05 is
hereby repealed and replaced with the following language.
(Ord. 5033 §1, 2000 repealed Chapter 4.05 and replaced it with the following)
(Ord. 5052 §1, 2001 amending Ord. 5033, Chapter 4.05.240.)
Chapter 4.05
TRANSIENT ROOM TAX
Sections:
4.05.010 Definitions.
4.05.020 Tax Imposed.
4.05.030 Rules for Collection of Tax by Operator.
4.05.040 Operator's Duties.
4.05.050 Exemptions.
4.05.060 Operator's Registration Form.
4.05.070 Certificate of Authority.
4.05.080 Collections, Returns and Payments.
4.05.090 Delinquency Penalties.
4.05.100 Deficiency Determinations.
4.05.110 Redemption Petition.
4.05.120 Fraud--Refusal to Collect--Evasion.
4.05.130 Notice of Determinations.
4.05.140 Operator Delay.
4.05.150 Re-determinations.
4.05.160 Security for Collection of Tax.
4.05.170 Liens.
4.05.180 Refunds by City to Operator.
4.05.190 Refunds by City to Transient.
4.05.200 Refunds by Operator to Tenant.
4.05.210 Records Required From Operators.
4.05.220 Examination of Records.
4.05.230 Confidentiality.
4.05.240 Disposition and Use of Transient Room Tax Funds.
4.05.010 Definitions. For purposes of this chapter, the following mean:
A.
"Accrual accounting" means a system of accounting in which the operator
enters the rent due from a transient on his records when the rent is
earned, whether or not it is paid.
B.
"Cash accounting" means a system of accounting in which the operator
does not enter the rent due from a transient on the records until rent is
paid.
C.
"City" means the City of Grants Pass, Oregon.
D.
"Administrative Services Director" means the Administrative Services
Director of the City.
E.
"Hotel" means a space or part of a structure, which is occupied or
designed for occupancy by transients for lodging or sleeping purposes,
and includes any hotel, inn, tourist home or house, motel, studio hotel,
bachelor hotel, lodging house, rooming house, apartment house,
dormitory, public or private club, mobile home or house trailer at a fixed
location, space in mobile home parks, trailer parks or recreation vehicle
parks, or other similar structures or spaces. (Ord. 4484 §1(a), 1983)
F.
"Occupancy" means the use or possession, or the right to use or possess,
for lodging or sleeping purposes, a room in a hotel, or space in a mobile
home park, trailer park, or recreational vehicle park.
(Ord 4484 §1(b), 1983)
G.
"Operator" means the person who is proprietor of the hotel in any
capacity. Where the operator performs his functions through a managing
agent of any type other than an employee, the managing agent shall also
be considered to be an operator. For the purposes of this chapter,
compliance by either the operator or the managing agent shall be
considered to be compliance by both.
H.
"Person" means an individual, firm, partnership, joint venture, association,
social club, fraternal organization, fraternity, sorority, public or private
dormitory, joint stock company, corporation, estate, trust, business trust,
receiver, trustee, syndicate, or any other group or combination acting as a
unit.
I.
"Rent" means the gross rent exclusive of other services.
J.
"Tax" means either the tax payable by the transient or the aggregate
amount of taxes due from an operator during the period for which he is
required to report his collections.
K.
"Tenant" means an individual who occupies or is entitled to occupy space
in a hotel for a period of twenty-eight consecutive days or more, counting
portions of days as full days.
L.
"Transient" means an individual who occupies or is entitled to occupy
space in a hotel for a period of twenty-seven consecutive days or less,
counting portions of days as full days. The day a transient checks out of
the hotel shall not be included in determining the twenty-seven-day period
if the transient is not charged rent for that day by the operator. An
individual occupying space in a hotel shall be considered a transient until
the period of twenty-seven days has expired unless there is an agreement
in writing between the operator and the occupant providing for a longer
period of occupancy or the tenant actually extends occupancy more than
twenty-seven consecutive days. A person who pays for lodging on a
monthly basis, irrespective of the number of days in the month, shall not
be considered a transient. (Ord. 4412 §1, 1981)
4.05.020 Tax Imposed.
For the privilege of occupancy in a hotel in the City a transient shall pay a tax in
the amount of 8% of the charge by the operator, effective January 1, 2001. The
tax will increase to 9% effective January 1, 2002. The tax constitutes a debt
owed by the transient to the City, which is extinguished only by payment to the
operator of the hotel at the time the rent is paid. The operator shall enter the tax
on its records when rent is collected (if the operator keeps his records on the
accrual accounting basis). If rent is paid in installments, a proportionate share of
the tax shall be paid by the transient to the operator with each installment. In all
cases, the rent paid or charged for occupancy shall exclude the sale of any
goods, services or commodities. (Ord. 4412 §2, 1981; Ord. 4548 §1, 1985;
Ord. 4798 §1, 1994; Ord. 5033 §1, 2000)
4.05.030 Rules for Collection of Tax by Operator.
A.
Every operator renting space for lodging or sleeping purposes shall collect
a tax from the transient. The tax collected or accrued by the operator
constitutes a dept owed by the operator to the City.
B.
In cases of credit or deferred payment of rent, the payment of tax to the
operator may be deferred until the rent is paid, and the operator shall not
be liable for the tax until credits are paid or deferred payments are made.
When an operator utilizes the accrual basis of accounting, adjustments
may be made for un-collectible accounts.
C.
The Administrative Services Director shall enforce this chapter and may
adopt rules and regulations necessary to aid in the enforcement.
(Ord. 4412 §3, 1981)
4.05.040 Operator's Duties.
An operator shall collect the tax when the rent is collected from the transient.
The amount of tax shall be separately stated on the operator's records and on
the receipt given by the operator. An operator shall not advertise that the tax or
any part of it will be assumed or absorbed by the operator, or that it will not be
added to the rent, or that, when added, a part will be refunded, except in the
manner provided by this chapter. (Ord. 4412 §4, 1981)
4.05.050 Exemptions.
This tax shall not be imposed upon:
A.
A tenant;
B.
A person who rents a portion of a private home from an owner who
personally resides in such private home. (Ord. 4412 §5, 1981)
C.
Federal government employees who are on official government business
and show proof of such by providing the official federal exemption
certificate or an official travel authorization voucher to the hotel.
Presentation of federal identification without one of these documents will
be not sufficient to authorize an exemption. State and local government
employees on official business must continue to pay the Transient Room
Tax.
4.05.060 Operator's Registration Form.
A.
An operator, for each hotel in the City, shall register with the
Administrative Services Director on a form provided by the Administrative
Services Director within fifteen days after beginning business, or within
thirty calendar days after the passage of the ordinance codified in this
chapter.
B.
The registration shall include:
1.
The name under which an operator transacts or intends to transact
business;
2.
The location of the hotel;
3.
Any other information to facilitate the collection of tax the
Administrative Services Director may require; and
4.
The signature of the operator.
C.
Failure to register does not relieve the operator from collecting the tax nor
a person from paying the tax. (Ord. 4412 §6, 1981)
4.05.070 Certificate of Authority.
A.
Within thirty days after registering, the Administrative Services Director
shall issue a certificate of authority to the registrant.
B.
Certificates are non-assignable and nontransferable and shall be
surrendered immediately to the Administrative Services Director upon the
cessation of business at the location named or upon its sale or transfer.
C.
Each certificate shall state the place of business to which it applies and
shall be prominently displayed.
D.
The certificate shall state:
1.
The name of the operator;
2.
The address of the hotel;
3.
The date when the certificate was issued; and
4.
"This Transient Occupancy Registration Certificate signifies that the
person named on the certificate has fulfilled the requirements of the
Transient Room Tax Ordinance of the City of Grants Pass by
registration with the Administrative Services Director for the
purpose of collecting from transients the room tax imposed by the
City of Grants Pass and remitting the tax to the Administrative
Services Director." (Ord. 4412 §7, 1981)
4.05.080 Collections, Returns and Payments.
A.
Returns shall show the total amount of tax collected or due for the related
period. If filing for exemptions for federal employees, a copy of the official
travel authorization voucher or official federal exemption certificate for
each occurrence and person, for whom no tax was collected must be
included. Failure to provide complete and appropriate documentation for
exemptions shall result in the exemptions being voided. The
Administrative Services Director may require returns to show the total
rentals upon which the tax was collected or due, the gross receipts of the
hotel for the period, an explanation in detail of any discrepancy between
the amounts, and the amount of rents exempt if any.
4.05.090 Delinquency Penalties.
A.
An operator who has not been granted an extension of time for remittance
of tax due and who fails to remit the tax prior to delinquency shall pay a
penalty of 10% of the tax due in addition to the tax.
B.
An operator whose remittance is delinquent, and who fails to secure an
extension, shall pay, commencing 1 month after the remittance became
delinquent, a second delinquency penalty of 15% of the tax due, the
amount of the tax and the 10% penalty first imposed.
C.
If the Administrative Services Director determines that the non-payment of
a remittance is due to fraud or intent to evade the tax, a penalty of 25% of
the tax shall be added in addition to the penalties stated in Subsections A.
and B.
D.
In addition to the penalties imposed by this section, an operator who fails
to remit the required tax shall pay interest at the rate of 1% per month,
without proration for portions of a month, on the tax due, exclusive of
penalties, from the date on which the tax first became delinquent until
paid.
E.
Each penalty imposed and the interest accrued under the provisions of
this section shall be merged with and become a part of the tax required to
be paid.
F.
An operator who fails to remit the tax within the required time may petition
the Council for waiver and refund of the penalty or any portion of it. The
Council may, if good cause is shown, direct a refund of the penalty or a
portion of it. (Ord. 4412 §9, 1981)
4.05.100 Deficiency Determinations.
A.
In making a determination that the returns are incorrect, the Administrative
Services Director may determine the amount required to be paid upon the
basis of the facts contained in the return or upon the basis of any other
information.
B.
Deficiency determination may be made on the amount due for one or
more than one period. The determined amount shall be payable
immediately upon service of notice, after which the determined amount is
delinquent. Penalties on deficiencies shall be applied as provided in
Section 4.05.090.
C.
In making a determination, the Administrative Services Director may offset
overpayments, which may have been previously made against a
deficiency for a subsequent period, or against penalties and interest on
the deficiency. The interest on the deficiency shall be computed as
provided in Section 4.05.090. (Ord. 4412 §10, 1981)
4.05.110 Redemption Petition.
A determination becomes payable immediately upon receipt of notice and
becomes final within ten days after the Administrative Services Director has
given notice. However, the operator may petition for redemption and refund if the
petition is filed before the determination becomes final.
(Ord. 4412 §11, 1981)
4.05.120 Fraud-Refusal to Collect-Evasion.
A.
If an operator fails or refuses to collect the tax, to make the report and
remittance of the tax, makes a fraudulent return, or willfully attempts to
evade the tax payment, the Administrative Services Director shall obtain
facts and information on which to base an estimate of the tax due. When
the Administrative Services Director has determined the tax due, and the
interest and penalties, he shall give notice of the total amount.
B.
The determination and notice shall be made and mailed within three years
after discovery by the Administrative Services Director of fraud, intent to
evade, or failure or refusal to collect the tax, or failure to file a return. The
determination becomes payable immediately upon receipt of notice and
becomes final within ten days after the Administrative Services Director
has given notice.
C.
The operator may petition for redemption and refund if the petition is filed
before the determination becomes final. (Ord. 4412 §12, 1981)
4.05.130 Notice of Determinations.
A.
The Administrative Services Director shall give the operator a written
notice of the determination. If the notice is mailed, the notice shall be
addressed to the operator at the address that appears on the records of
the Administrative Services Director. In case of service by mail, the
service is complete when it is deposited in a mail receptacle.
B.
Except in the case of fraud or intent to evade the tax, a deficiency
determination shall be made and notice mailed within three years after the
last day of the month following the close of the quarterly period for which
the amount is proposed to be determined or within three years after the
return is filed, whichever is later. (Ord. 4412 §13, 1981)
4.05.140 Operator Delay.
If the Administrative Services Director believes that the collection of a tax will be
jeopardized by delay, or if a determination will be jeopardized by delay, he shall
determine the tax required to be collected, noting the fact upon the
determination. The determined amount is payable immediately after service of
notice. However, after the payment has been made, the operator may petition
for redemption and refund of the determination, if the petition is filed within ten
days from the date of service of notice by the Administrative Services Director.
(Ord. 4412 §14, 1981)
4.05.150 Redeterminations.
A.
An operator against whom a determination is made under Section 4.05.100,
or any person directly interested, may petition for a redetermination,
redemption and refund within the time required in Section 4.05.140. If a
petition for redetermination and refund is not filed within the time required,
the determination is final at the expiration of the allowable time.
B.
If a petition for redetermination and refund is filed within the allowable
period, the Administrative Services Director shall reconsider the
determination and, if the operator has requested in his petition, shall grant
the operator an oral hearing and give him seven days' notice of the time
and place of the hearing. The Administrative Services Director may
continue the hearing if necessary.
C.
The Administrative Services Director may change the amount of the
determination as a result of the hearing. If an increase is determined, the
increase is payable immediately after the hearing.
D.
The decision of the Administrative Services Director on a petition for
redetermination becomes final ten days after service upon the petitioner of
notice unless appeal of the decision is filed with the Council within ten
days after service of the notice.
E.
A petition for redetermination or an appeal is not effective unless the
operator has first complied with the payment provisions.
(Ord. 4412 §15, 1981)
4.05.160 Security for Collection of Tax.
A.
The Administrative Services Director may require an operator to deposit
security in the form of cash, bond, or other security. The amount of the
security shall be fixed by the City Manager, and shall not be greater than
twice the operator's estimated average quarterly liability for the period for
which he files returns or five thousand dollars whichever amount is less.
B.
Within three years after the tax becomes payable, or within three years
after a determination becomes final, the Administrative Services Director
may bring an action in the courts of this state, or any other state, or of the
United States, in the name of the City to collect the amount delinquent,
together with penalties and interest. (Ord. 4412 §16, 1981)
4.05.170 Liens.
A.
The tax, interest, penalty, filing fees paid to the County Clerk and the
advertising costs which may be incurred when the tax becomes delinquent
shall be a lien from the date of its recording with the County Clerk until the
tax is paid. The lien shall be superior to all subsequently recorded liens
on all tangible personal property used in the hotel of an operator. The lien
may be foreclosed and the property sold as necessary to discharge the
lien.
B.
Notice of the lien shall be issued by the Administrative Services Director
when the operator has defaulted in the payment of the tax, interest, and
penalty. A copy of the notice shall be sent by certified mail to the
operator.
C.
The personal property subject to the lien may be sold at public auction
after notice of such sale is published two times in a newspaper of general
circulation within the City. Such notices shall be published not less than
seven days apart with the first notice being published not more than
twenty-five days before the date of the auction and the last notice
published not less than seven days before the auction.
D.
A lien for the tax, interest and penalty shall be released by the
Administrative Services Director when the full amount has been paid to
the City. The operator or person making the payment shall receive a
receipt stating that the full amount of the tax, interest and penalty has
been paid, that the lien is released and that the record of the lien is
satisfied. (Ord. 4412 §17, 1981)
4.05.180 Refunds by City to Operator.
When the tax, penalty or interest has been paid more than once or has been
erroneously or illegally collected or received by the Administrative Services
Director, it may be refunded, provided that within three years from the date of
payment, a written verified claim is filed stating the specific reason upon which
the claim is founded. The claim shall be written on forms provided by the
Administrative Services Director. If the claim is approved, the excess amount
may be refunded or may be credited on an amount then payable from the
operator from whom it was collected and the balance refunded to the operator.
(Ord. 4412 §18, 1981)
4.05.190 Refunds by City to Transient.
If the tax has been collected by the operator and deposited with the
Administrative Services Director, and it is later determined that the tax was
erroneously or illegally collected or received by the Administrative Services
Director, it may be refunded to the transient, provided that within three years from
the date of payment a written verified claim stating the specific reason on which
the claim is founded is filed with the Administrative Services Director. (Ord. 4412
§19, 1981)
4.05.200 Refunds by Operator to Tenant.
If the tax has been collected by the operator and it is later determined that the
transient occupies the hotel for a period exceeding twenty-seven days without
interruption, and thereby becomes a tenant, the operator shall refund to the
tenant the tax previously collected. The operator shall account for the collection
and refund to the Administrative Services Director. If the operator has remitted
the tax prior to refund or credit to the tenant, he shall be entitled to a
corresponding refund. (Ord. 4412 §20, 1981)
4.05.210 Records Required from Operators.
Every operator shall keep guest records, accounting books, records of the room
sales and copies of federal exemption travel vouchers/certificates for a period of
three years and six months. (Ord. 4412 §21, 1981)
4.05.220 Examination of Records.
The Administrative Services Director may examine during normal business hours
the books, papers and accounting records relating to room sales of an operator,
after notification to the operator. The Administrative Services Director may
investigate the business of the operator in order to verify the accuracy of a return
made or, if no return is made by the operator, to determine the amount required
to be paid. (Ord. 4412 §22, 1981)
4.05.230 Confidentiality.
The Administrative Services Director or a person having an administrative or
clerical duty under the provisions of this chapter shall not make known in any
manner the business affairs, operations or information obtained by an
investigation of records and equipment of a person required to file a return, or
pay a transient occupancy tax, or a person visited or examined in the discharge
of official duty, or the amount or source of income, profits, losses, or
expenditures contained in a statement or application, or to permit a statement or
application, or a copy of either, or a book containing an abstract or particulars to
be seen or examined by any person. However, nothing in this section shall be
construed to prevent:
A.
The disclosure to, or the examination of records and equipment by, a City
official, employee or agent for collection of taxes for the sole purpose of
administering or enforcing the provisions or collecting the taxes imposed
by this chapter.
B.
The disclosure, after filing a written request, to the taxpayer, receivers,
trustees, executors, administrators, assignees and guarantors, if directly
interested, of information as to any paid tax, unpaid tax or amount of tax
required to be collected, or interest and penalties. However, the City
Attorney shall approve each disclosure, and the Administrative Services
Director may refuse to make a disclosure referred to in this subsection
when in the Administrative Services Director's opinion the public interest
would suffer.
C.
The disclosure of the names and addresses of persons making returns.
D.
The disclosure of general statistics regarding taxes collected or business
done in the City. (Ord. 4412 §23, 1981)
4.05.240 Disposition and Use of Transient Room Tax Funds.
All revenues received from the transient room tax shall be deposited into the
Transient Room Tax Fund. (Ord. 4412 §24, 1981; Ord. 4553 §1, 1985;
Ord. 5033 §1, 2000; Ord. 5052 §1, 2001)
A.
Effective January 1, 2001 when the Transient Room Tax rate is 8% the
net funds available shall be distributed as follows:
1.
Of the first 87.5% of such funds receipted, they shall be
subsequently transferred from the Transient Room Tax Fund to the
City General Fund for 20% funding to Public Safety, 20% funding to
Parks Maintenance, and 30% funding to the Tourism program. The
remaining 30% of the first 87.5% shall be transferred from the
Transient Room Tax Fund to the City General Fund for promoting
the City’s economic development and downtown area program
activities. (Ord. 4412 §24, 1981; Ord. 4553 §1, 1985;
Ord. 5033 §1, 2000; Ord. 5052 §1, 2001)
2.
Of the remaining 12.5% of Transient Room Tax receipts, 30% shall
be subsequently transferred to the Tourism program and 70% shall
be transferred to the Lands and Building fund for the acquisition
and development of park property. (Ord. 4412 §24, 1981;
Ord. 4553 §1, 1985; Ord. 5033 §1, 2000; Ord. 5052 §1, 2001)
B.
Effective January 1, 2002 when the Transient Room Tax rate is 9% the
net funds available shall be distributed as follows:
1.
Of the first 77.8% of such funds receipted, 80% shall be
subsequently transferred from the Transient Room Tax Fund to the
City General Fund for 25% funding to Public Safety, 25% funding to
Parks Maintenance, and 30% funding to the Tourism program. The
remaining 20% of the first 77.8% shall be transferred from the
Transient Room Tax Fund to the City General Fund for promoting
the City=s economic development and downtown area program
activities. (Ord. 4412 §24, 1981; Ord. 4553 §1, 1985;
Ord. 5033 §1, 2000; Ord. 5052 §1, 2001)
2.
Of the remaining 22.2% of Transient Room Tax receipts, 30% shall
be subsequently transferred to the Tourism program and 70% shall
be transferred to the Lands and Building fund for the acquisition
and development of park property. (Ord. 4412 §24, 1981;
Ord. 4553 §1, 1985; Ord. 5033 §1, 2000; Ord. 5052 §1, 2001)
Chapter 4.08
PEDDLER'S LICENSE
Sections:
4.08.010
Definitions.
4.08.020
License--Required.
4.08.030
License--Application.
4.08.040
Application Investigation Fee.
4.08.050
Investigation--Authority.
4.08.060
Investigation--Grounds for Disapproval of Application.
4.08.070
Investigation--Endorsement of Application.
4.08.080
Investigation--Time Limit.
4.08.090
Investigation and License Fees--Generally.
4.08.100
Term of License.
4.08.120
Transfer of License.
4.08.130
Use of Streets.
4.08.140
Exhibition of License.
4.08.150
Enforcement Authority.
4.08.160
Solicitations by Charitable, Religious, Patriotic or Philanthropic
Groups.
4.08.170
Revocation of License--Grounds.
4.08.180
Revocation of License--Hearing Notice Posting.
4.08.190
Appeal.
4.08.010 Definitions.
For the purposes of this chapter, unless the context clearly requires otherwise,
the singular includes the plural and the following words shall have the meanings
set forth below:
A.
"Peddler" includes a person, whether a resident of the City or not, who
goes from house to house or from place to place within the City offering or
exposing for sale, selling or taking orders for goods, wares or
merchandise or any article or thing of value for present or future delivery,
or for services then to be performed or to be performed in the future, or for
the making, manufacture or repair of any article or thing whatsoever for
present or future delivery, or who, without traveling from place to place,
sells or offers for sale from a wagon, automotive vehicle, railroad car or
other vehicle or conveyance any goods, wares or merchandise, article or
thing for present or future delivery, or who engages in a temporary
business of selling or offering for sale goods, wares, or merchandise or
any article or thing of value for present or future delivery, or for services
then to be performed or to be performed in the future or for the making,
manufacture or repair of any article or thing whatsoever for present or
future delivery, and who, in furtherance of such purpose, hires, leases,
uses or occupies any building, structure, motor vehicles, trailer, tent,
public room in hotels, lodging houses, apartments, shops or any street or
alley or other place within the City for the exhibition and sale of such
goods, wares, merchandise, service or manufactured article. The word
"peddler" does not include newspaper vendors or common labor or a
regular commercial traveler employed by a wholesale house and selling
goods, wares, merchandise or services to merchants of the City for the
purpose of resale, or representatives of public utilities. The word "peddler"
does not include a person soliciting money, donations of money or
property or financial assistance of any kind or selling or distributing any
item of literature or merchandise for a fee upon the streets, in office
buildings, by house-to-house canvass or in public places for a charitable,
religious, patriotic or philanthropic purpose.
B.
"Person" includes a person, firm or corporation, association, club, copartnership or society, or any other organization. (Ord. 2977 §2, 1961)
4.08.020 License--Required.
No person may engage in the business of a peddler as defined in Section
4.08.010 without first obtaining a license as provided in this chapter.
(Ord. 2977 §1, 1961)
4.08.030 License--Application.
An applicant for a peddler's license shall file with the City Auditor a sworn
application in writing in duplicate on a form to be furnished by the City Auditor
that shall give the following information:
A.
Name 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
and in the case of products of farm or orchard, whether produced or grown
by the applicant;
D.
If employed, the name and address of the employer;
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; and
G.
The fingerprints of the applicant and the names of at least two reliable
property owners of the county, who will certify as to the applicant's good
character and business responsibility, or, in lieu of the names of
references, any other available evidence as to the good character and
business responsibility of the applicant that enables an investigator to
properly evaluate such character and business responsibility.
(Ord. 2977 §3(1), 1961)
4.08.040 Application Investigation Fee.
At the time of filing the application, the applicant shall pay a fee of five dollars to
the City Auditor to cover the cost of investigation. When a person makes an
application for renewal of an existing license, the investigation fee and the
information required by Section 4.08.030 are not required.
(Ord. 2977 §3(2), 1961)
4.08.050 Investigation--Authority.
Upon receipt of the application required by Section 4.08.030, the Finance
Director shall refer the original application to the Chief of Police who shall cause
an investigation of the applicant's criminal record. (Ord. 2977 §4(1), 1961;
Ord. 4353 §1(part), 1980)
4.08.060 Investigation--Grounds for Disapproval of Application.
If, as a result of the investigation, it shall be determined that the applicant has
been convicted of a crime of a nature which would indicate that the public safety
and welfare could be jeopardized by the issuance of the license, then, the Chief
of Police shall disapprove and state the criminal record on the application and
return the application to the Finance Director, who shall notify the applicant that
his application is disapproved and that no license may be issued.
(Ord. 2977 §4(2), 1961; Ord. 4353 §1(part), 1980)
4.08.070 Investigation--Endorsement of Application.
A.
If, as a result of the investigation, the applicant shall be found without a
criminal conviction of the nature specified in Section 4.08.060, then, the
Chief of Police shall endorse on the application his approval, and return
the approved original application to the Finance Director who shall, upon
payment of the prescribed license fee, deliver to the applicant his license.
B.
The license shall contain the signature and seal of the issuing officer and
shall show the name and address of the licensee, the type of goods to be
sold thereunder, the amount of fee paid, the date of issuance and length
of time the license is operative, the license number and other identifying
description of the vehicle used in peddling.
C.
The Finance Director shall keep a record of all licenses issued.
(Ord. 2977 §4(3), 1961; Ord. 4353 §1(part), 1980)
4.08.080 Investigation--Time Limit.
The Chief of Police shall either approve or disapprove of the application within
twenty days from the receipt of the application or within forty-eight hours of his
receipt of the criminal record investigation report, whichever period is the lesser.
If the application is not approved or disapproved within the time allowed, the
Chief of Police is considered to have given his consent and approval of the
application. (Ord. 2977 §4(4), 1961; Ord. 4353 §1(part), 1980)
4.08.090 Investigation and License Fees--Generally.
Except as provided in Section 4.08.100, a person applying for a peddler's license
shall pay an investigation fee in the sum of twenty dollars which shall be paid to
the Finance Director at the time of filing the application and an annual license fee
of five dollars. A license may be renewed before expiration for a period of one
year upon payment of a license fee of five dollars. (Ord. 2977 §5(1), 1961;
Ord. 4353 §2(part), 1980)
4.08.100 Investigation and License Fees--Exemption.
No investigation or license fee is required of a person selling products of the farm
or orchard actually produced by the seller. (Ord. 2977 §5(2), 1961;
Ord. 4353 §2(part), 1980)
4.08.110 Term of License.
The term of a peddlers' license is from January 1 to December 31, inclusive. A
person licensed after the first day of July shall pay one-half of the annual license
fee. (Ord. 2977 §5(3), 1961; Ord. 4353 §2(part), 1980)
4.08.120 Transfer of License.
No peddler's license issued under the provisions of this chapter shall be used by
a person other than the one to whom the license is issued.
4.08.130 Use of Streets.
No peddler has an exclusive right to a particular location in the public streets, nor
is a peddler permitted to have a stationary location or to operate in a congested
area where his operations impede or inconvenience the public. For the purpose
of this chapter, the judgment of a police officer, exercised in good faith, is
conclusive as to whether the area is congested or the public impeded or
inconvenienced. (Ord. 2977 §7, 1961)
4.08.140 Exhibition of License.
A peddler shall exhibit his license on the request of any citizen.
(Ord. 2977 §8, 1961)
4.08.150 Enforcement Authority.
A police officer may require a peddler who is not known by the officer to be
regularly licensed, to produce his peddler's license. The officer shall enforce the
provisions of this chapter against any person found to be violating the same.
(Ord. 2977 §9, 1961)
4.08.160 Solicitations by Charitable, Religious, Patriotic or Philanthropic Groups.
A.
A charitable, religious, patriotic or philanthropic organization, society,
association, or corporation that desires to solicit or have solicited in its
name, any money, donations of money or property, or financial assistance
of any kind or that desires to sell or distribute any item of literature or
merchandise for which a fee is charged or is solicited from persons other
than members of such organization, upon the streets, in office buildings,
by house-to-house canvass, or in public places for a charitable, religious,
patriotic, or philanthropic purpose shall first apply for and obtain a license
from the City Auditor as prescribed by subsections B and C of this section.
B.
The application required by subsection A of this section shall be
completed and certified by the applicant on a form provided by the City
Auditor. The following information is required:
1.
Name and purpose of the cause for which license is sought;
2.
Names and addresses of the officers and directors of the
organization;
3.
Whether or not any commission, fees, wages or emoluments are to
be expended in connection with such solicitation and amount
thereof;
4.
Period during which solicitation is to be carried on.
C.
Upon satisfactory proof that the organization, society, association, or
corporation desiring to solicit or have solicitations made in its name, is a
charitable, religious, patriotic, or philanthropic organization, society,
association, or corporation and that it wishes to solicit for charitable,
religious, patriotic or philanthropic purposes, the City Auditor shall issue a
license without charge to such organization, society, association or
corporation to solicit in the City.
D.
A license granted under this section is valid for a period of one year from
the date issued. (Ord. 2977 §10, 1961)
4.08.170 Revocation of License--Grounds.
A license issued under the provisions of this chapter may be revoked by the City
Auditor after notice and hearing, for any of the following causes:
A.
Fraud, misrepresentation, or false statement contained in the application
for a license;
B.
Fraud, misrepresentation, or false statement made in the course of
carrying on the licensed activity;
C.
A violation of this ordinance;
D.
Conviction of any crime or misdemeanor involving moral turpitude; or
E.
Conducting the licensed activity 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.
(Ord. 2977 §11(1), 1961)
4.08.180 Revocation of License--Hearing Notice Posting.
Notice of the hearing for revocation of a license shall be given in writing to the
licensee, 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
his last known address at least five days before the date set for hearing.
(Ord. 2977 §11(2), 1961)
4.08.190 Appeal.
Any person aggrieved by the action of the Chief of Police or the City Auditor in
denying an application for a license as provided in Sections 4.08.050 through
4.08.080 and 4.08.160, or in revoking a license as provided in Sections 4.08.170
and 4.08.180, shall have the right of appeal to the City Council. The applicant or
licensee shall file with the Council a written statement setting forth fully the
grounds for the appeal within fourteen days after the day the notice is mailed
indicating disapproval or revocation of a license. The Council shall set a time
and place for a hearing on the appeal and notice of the hearing shall be given to
the applicant or licensee in the same manner as provided in Sections 4.08.170
and 4.08.180 for notice of hearing on revocation. The decision and order of the
Council on such appeal shall be final and conclusive. (Ord. 2977 §12, 1961)
Chapter 4.12
SECONDHAND DEALERS, JUNK DEALERS
AND PAWNBROKERS
Sections:
4.12.005
Definition.
4.12.010
Prohibited Transactions.
4.12.020
Premises Open to Inspection.
4.12.030
Record keeping Requirement.
4.12.037
Exemption for Large Lot Purchase.
4.12.040
Retention of Property Prior to Resale.
4.12.070
Transactions Involving Articles of Personal Property with Defaced
Identification.
4.12.080
Report to Public Safety Director of Possession of Stolen Property.
4.12.005 Definition.
For the purposes of this chapter, the following words and phrases shall have the
meaning set out below:
A.
"Pawnbroker." A person engaged in the business of loaning money for
himself or for any other person upon 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 the vendors or
their assigns at prices agreed upon at or before the time of such purchase.
B.
"Pawnshop." Any room, store, or place in which a pawnbroker is engaged
in, carries on, or conducts his business.
C.
"Secondhand Dealer." A person engaged in the business of buying,
selling or otherwise dealing in secondhand articles of personal property
with the general public. Such articles of personal property, are including
but not limited to goods, wares, merchandise for resale, jewelry, watches,
precious stones, precious metals, coins (rare, silver or gold), firearms,
bicycles, stereo equipment, hand tools, musical instruments, power tools,
or automobile parts.
D.
"Secondhand Store." Any room, store, or place in which a secondhand
dealer is engaged in, carries on, or conducts his business.
E.
"Exemptions." Clothes purchased or received by any junk dealer,
pawnbroker, or secondhand dealer, are exempt from the provisions of
Chapter 4.12. (Ord. 4534 §1, 1985)
4.12.010 Prohibited Transactions.
A.
No junk dealer, secondhand dealer, or pawnbroker shall knowingly receive
junk or secondhand goods by purchase, or otherwise, from a minor,
without the consent of the minor's parent, parents or guardian in writing.
B.
No junk dealer, secondhand store dealer, or pawnbroker shall knowingly
receive or acquire junk or secondhand goods from any intoxicated person.
(Ord. 1175 §1, 1942; Ord. 4534 §1, 1985)
4.12.020 Premises Open to Inspection.
The premises of every junk dealer, secondhand dealer, or pawnbroker shall be
open to the inspection of the Public Safety Director or his designee.
(Ord. 1175 §2, 1942; Ord. 4534 §1, 1985)
4.12.030 Recordkeeping Requirement.
A permanent daily record in a form prescribed by the Public Safety Director, in
the English language, shall be kept by every junk dealer, secondhand dealer, or
pawnbroker, of the items purchased or received with adequate description
thereof and with the name of the person or persons selling or delivering the
same, and a brief but adequate description of such person or persons. Such
record shall at all times be open to the inspection of the police and every junk
dealer, secondhand dealer, and pawnbroker shall furnish daily or as otherwise
directed by the Public Safety Director, to the police a copy of such record.
(Ord. 1175 §3, 1942)
4.12.035 Coins and Bullion.
Gold and silver (whether bullion or not) and rare coins are exempt from the
recordkeeping requirements of 4.12.030, with the provision that the dealer must
have a record of each transaction, by way of adequate description of goods, and
a signature of the seller, such information to be furnished to the Public Safety
Director or his designee upon request.
However, a secondhand dealer, in gold and silver (whether bullion or not) and
rare coins, and in a transient business, is subject to the provisions of 4.12.030. A
transient secondhand dealer in the above material is one that does not carry on a
secondhand business within the City limits of Grants Pass for a period of 30 days
or more, in any calendar year. (Ord. 4534 §1, 1985)
4.12.037 Exemption for Large Lot Purchase.
A pawnbroker, secondhand dealer, or junk dealer, who is subject to the
recordkeeping requirements of 4.12.030, is exempt from such recordkeeping
requirements where they purchase or receive articles of personal property in
single sale lots of 25 items or more.
However, a record must be kept with a brief description of the transaction, and an
adequate description of the seller.
Such exemption does not apply to gold, silver, or rare coins (whether bullion or
not). (Ord. 4534 §1, 1985)
4.12.040 Retention of Property Prior to Resale.
All articles purchased or received by a junk dealer, secondhand store dealer, or
pawnbroker shall be retained at least five days before disposal. However,
secondhand dealer, pawnbroker, or junk dealer may dispose of such articles
within the five days, where the secondhand dealer, pawnbroker, or junk dealer
provides an adequate description of the buyer of such articles. Adequate
description may include but not be limited to a driver's license and physical
description. (Ord. 1175 §4, 1942; Ord. 4534 §1, 1985)
4.12.070 Transactions of Articles of Personal Property with Defaced Identification.
No junk dealer, secondhand dealer, or pawnbroker, or other person shall
knowingly buy, sell, receive, dispose of, or have in his possession any article of
personal property from which the manufacturer's serial number or any other
identification mark has been removed, defaced, covered up, obliterated or
destroyed for the purpose of concealing or misrepresenting such article of
personal property, provided further, that any junk dealer, secondhand dealer,
pawnbroker, or any person shall immediately notify the Public Safety Director of
any offer to such dealer or person of any article of personal property defaced in
any manner set forth in this section. (Ord. 1175 §7, 1942; Ord. 4534 §1, 1985)
CHAPTER 4.16
TAXICABS AND LIMOUSINES
Sections:
4.16.010 Definitions.
4.16.020 Taxicab and Limousine Owner’s Licenses.
4.16.030 Owner’s License Application.
4.16.040 Taxis and Limousine Driver’s Permit.
4.16.050 Driver’s Permit Application.
4.16.060 Failure to Provide Information.
4.16.070 Licenses and Permits - Ineligible Persons.
4.16.080 Owner’s License - Hearings.
4.16.185 Driver’s Permit - Hearings.
4.16.090 Owner’s License and Driver’s Permit - Findings.
4.16.110 Annual Renewal Licensee Fees.
4.16.120 Initial and Annual Renewal Vehicle Fees.
4.16.130 Annual Driver’s Permit Fee.
4.16.140 Licenses and Driver’s Permits -Display Requirement.
4.16.150 Owner’s Licenses and Driver’s Permits -Non-transferable.
4.16.160 Vehicle Equipment Requirements.
4.16.170 Taxicab--Identification.
4.16.180 Insurance Requirements.
4.16.210 Driver Violations.
4.16.230 Admittance of Any Qualified Person.
4.16.240 Use of Most Direct Route.
4.16.250 Operational Meter.
4.16.260 Maintenance of Daily Manifest.
4.16.280 Return of Lost Property.
4.16.290 Transporting Nonpaying Passengers.
4.16.340 Dispatch Service.
4.16.350 Smoking in Taxicabs.
4.16.360 License Revocation--General Procedure.
4.16.370 License Revocation - Appeal Hearing.
4.16.380 Acceptance of Service for Violations of the Municipal Code
4.16.010 Definitions.
For the purposes of this Chapter, the following words are defined as follows:
A.
Taxicab. Any vehicle used to carry passengers for hire from a location in
Grants Pass to a specified location but not operating on a fixed route.
B.
Limousine.
1. A chauffeur driven vehicle used to carry passengers for hire where the
destination and route traveled are controlled by the passengers, the
fare charged is $25 or more, and the fare charged is not related to the
number of passengers, or
2. A medical transport vehicle used to carry passengers for hire where
the sole purpose is solely to transport them to or from a medical facility.
(Ord. 5189, 2003)
C.
Licensee. A person or business authorized to have a current owner’s
license. (Ord. 5189, 2003)
4.16.020 Taxicab and Limousine Owner’s Licenses.
It is unlawful to engage in the business of operating a taxicab or limousine in the
City without first securing an owner’s license or transferring an existing license.
(Ord. 5189, 2003)
4.16.030 Owner’s License Application.
An application for an owner’s license, or an application to transfer a license to a
new owner, shall be made in writing to the Administrative Services Department
and verified under oath and shall have attached a current passport quality
photograph. An application for a taxicab owner’s license shall be accompanied
by an application fee of $200. An application for a limousine owner’s license
shall be accompanied by an application fee of $100. Owner’s license application
fees shall not be prorated. An owner application does not function as a driver’s
permit application. The owner’s application shall set forth the following
information: (Ord. 5111, 2002; Ord. 5189, 2003)
A.
The name of the applicant and the applicant's residence address, if an
individual. If a corporation or limited partnership, the names and
addresses of the president, secretary, and other officers or members of
the corporation or limited partnership.
B.
A complete list of all arrests and convictions for misdemeanors and
felonies, including traffic crimes of said individual(s).
C.
One set of fingerprints of the individual(s), taken by the Josephine County
Sheriff’s Office for a criminal background check conducted by the Grants
Pass Department of Public Safety and consent for release of said check.
(Ord. 5189, 2003)
D.
The employment experience of the applicant including any experience in
the taxicab, limousine, or similar related business. (Ord. 5189, 2003)
E.
If the applicant is financed in the proposed operation of the business in
whole or in part by any other person, group of persons, partnership or
corporation (except for statutorily authorized financial institutions), the
names and address of such person or persons or the persons comprising
the partnership or the officers of such corporation shall also be included in
the application. (Ord. 5189, 2003)
F.
The intended place of business; where calls will be received for service
and from which vehicles are to be dispatched.
G.
The color scheme or insignia to be used to designate the vehicle for
vehicles of the applicant. (Ord. 5111, 2002)
H.
The available operating capital of the applicant including an asset and
liability summary. (Ord. 5111, 2002)
I.
Proof of insurance for all vehicles as set forth in 4.16.180. (Ord. 5111,
2002; Ord. 5189, 2003)
J.
A list and description of vehicles to be used as taxicabs or limousines.
NOTE: This list must be updated by the applicant when a vehicle is added
or deleted. (Ord. 5189, 2003)
K.
A list of drivers for the taxicab or limousine business. NOTE: This list
must be updated by the applicant when a driver is added or deleted. (Ord.
5189, 2003)
4.16.040 Taxis and Limousine Driver’s Permit.
A.
It is unlawful for owners of a taxicab or limousine business to allow any
person to drive their taxicab(s) or limousine(s) in the City who does not
have a valid and current driver’s permit as authorized herein. (Ord. 5189,
2003)
B.
It is unlawful for any person to transport citizens for money, as a taxicab or
limousine, without first securing a valid and current driver’s permit.
4.16.050 Driver’s Permit Application.
An application for a driver’s permit shall be made in writing to the Administrative
Services Department and verified under oath, accompanied by an application fee
of $50, and attach or set forth the following information: (Note: Driver permit
application fees shall not be prorated) (Ord. 5189, 2003)
A.
Two current, passport quality photographs. (Ord. 5189, 2003)
B.
The name of the applicant and the applicant's residence address.
C.
A complete list of all arrests and convictions for misdemeanors and
felonies, including traffic crimes.
D.
One set of fingerprints of the applicant taken by the Josephine County
Sheriff’s Office for a criminal background check conducted by the Grants
Pass Department of Public Safety and consent for release of said check.
(Note: A current authorization by another governmental agency, which
included a fingerprint check by the FBI may be substituted.) (Ord. 5189,
2003)
E.
The employment history of the applicant. (Ord. 5189, 2003)
F.
Whether the applicant is subject to epilepsy, temporary unconsciousness,
dizziness, diabetes, or heart trouble together with a doctor’s explanation of
the implications for driving a taxi. (Ord. 5189, 2003)
G.
An explanation of any driver’s license suspensions or revocations in
Oregon or in any other state. (Ord. 5189, 2003)
4.16.060 Failure to Provide Information.
It is unlawful to falsify, intentionally conceal, or fail to provide information, which
could affect the application for an owner’s license or driver’s permit, whether
done prior to or subsequent to the issuance of a license or permit. (Ord. 5189,
2003)
4.16.070 Licenses and Permits -Ineligible Persons.
A.
An owner’s license, or transfer of a license, or driver’s permit shall not be
issued if the Council determines the criminal history, driving history,
employment history, or medical history (or combination thereof) of any
person required to provide information under this Chapter is such that the
health, safety, or welfare of the citizens of the City would be at risk. (Ord.
5189, 2003)
B.
A prior conviction for any felony within the previous 10 years, or two or
more convictions for any felonies, or a prior conviction for any sex offense,
or a conviction for one DUI within the previous 5 years, or two convictions
for DUI within the previous 15 years shall be prima facie grounds for
denial or revocation of a license or permit.
4.16.080 Owner’s License -Hearings.
A.
Upon the filing of an application for an owner’s license, or transfer of an
owner’s license, the City Manager shall submit the application to the
Public Safety Director. The Public Safety Director shall review the
application and background of the applicant(s) and shall make a written
recommendation to the City Manager of “denial” or “no position.” (Ord.
5111, 2002; Ord. 5189, 2003)
B.
If the Public Safety Director recommends denial, the City Manager shall
set the matter before the Council for a public hearing at a regularly
scheduled meeting. (Ord. 5111, 2002)
C.
If the Public Safety Director recommends “no position,” the City Manager
shall review the application under the criteria noted in this Chapter and
shall file a written recommendation to the Council of “approval” or “denial”
of the application. (Ord. 5111, 2002)
D.
If the City Manager recommends denial, the matter shall be set before the
Council for a public hearing at a regularly scheduled meeting.
(Ord. 5111, 2002)
E.
If the City Manager recommends “approval,” the Council shall have 10
calendar days to consider the recommendation. (Ord. 5111, 2002)
F.
If one or more Councilors request review, the matter shall be set before
the Council for a public hearing at a regularly scheduled meeting.
(Ord. 5111, 2002)
G.
If no Councilors request review, the City Manager shall approve the
application. (Ord. 5111, 2002)
H.
When a new application for a taxicab owner’s license is received, all
current taxicab licensees shall be notified of the application. (Ord. 5111,
2002; Ord. 5189, 2003)
I.
At the public hearing before the Council, the applicant has the burden of
showing by clear and convincing evidence that:
(1)
The public health, safety, and welfare will not be placed at risk or
adversely affected by the granting or transfer of an owner’s license
or granting of a driver’s permit. (Ord. 5189, 2003)
(2)
The applicant is qualified, willing and able to perform taxicab or
limousine service and to conform to the provisions of the Municipal
Code.
J.
After an owner’s application has been approved, the City shall issue a
license for operation of the business. (Ord. 5189, 2003)
4.16.085 Driver’s Permit -Hearings.
A.
Upon the filing of an application for a driver’s permit, the City Manager
shall submit the application to the Public Safety Director. The Public
Safety Director shall review the application and background of the
applicant and shall make a written recommendation to the City Manager of
“denial” or “no position.” (Ord. 5189, 2003)
B.
If the Public Safety Director recommends denial, the City Manager shall
set the matter before the Council for a public hearing at a regularly
scheduled meeting. (Ord. 5189, 2003)
C.
If the Public Safety Director recommends “no position,” the City Manager
shall review the application under the criteria noted in this Chapter and
shall approve the application or recommend denial. (Ord. 5189, 2003)
D.
If the City Manager recommends denial, the matter shall be set before the
Council for a public hearing at a regularly scheduled meeting. (Ord. 5189,
2003)
E.
At the public hearing before the Council, the applicant has the burden of
showing by clear and convincing evidence that the public health, safety,
and welfare will not be placed at risk or adversely affected by the granting
of a driver’s permit. (Ord. 5189, 2003)
F.
After a driver’s permit application has been approved, the City shall issue
a driver’s permit. (Ord. 5189, 2003)
4.16.090 Owner’s License and Driver’s Permit -Findings.
A.
In determining whether to approve an application for an owner’s license,
transfer of a license, or driver’s permit, the City Manager and Council shall
take into consideration the factors set forth in 4.16.080 or 4.16.085 and
shall also consider the character, experience, criminal history, and
financial responsibility of the applicant as well as any background or other
information which the Public Safety Department deems necessary or
useful to the City Manager or Council in making its decision. (Ord. 5111,
2002; Ord. 5189, 2003)
B.
If the Council denies an owner’s license, or driver’s permit, or transfer of
an owner’s license it shall state its findings on the record. (Ord. 5189,
2003)
4.16.110 Annual Renewal Licensee Fees.
A.
On July 1st of every year, a taxicab licensee shall pay a $200 annual
renewal fee, regardless of the date when the initial application was
approved. In addition to any. In addition to any penalty for violation of the
Municipal Code, the failure by the licensee to pay the renewal fee by July
1st shall result in an additional fee of $50 for each month or portion of a
month the fee is late. (Ord. 5189, 2003)
B.
On July 1st of every year, a limousine licensee shall pay a $100 annual
renewal fee, regardless of the date when the initial application was
approved. In addition to any penalty for violation of the Municipal Code,
the failure by the licensee to pay the renewal fee by July 1st shall result in
an additional fee of $25 for each month or portion of a month the fee is
late. (Ord. 5189, 2003)
C.
When a licensee seeks renewal, they shall submit a complete application
(except for fingerprint requirements). The Public Safety Department shall
conduct a criminal history check and shall review any previous Public
Safety contacts with the business and shall forward the information to the
City Manager. After reviewing the information, if the City Manager
approves of the renewal the City shall issue a license renewal. If the City
Manager recommends denial, the matter shall be set for hearing in the
same manner as an initial application. (Ord. 5189, 2003)
4.16.120 Initial and Annual Renewal Vehicle Fees.
A.
Any fees paid for a license or permit issued under this Chapter shall be in
addition to and not in lieu of any business license, taxicab or limousine
owner’s application fee, or other licensing requirements of the City, to
defer the costs of routine monitoring of the compliance and performance of
owners and drivers. (Ord. 5189, 2003)
B.
A licensee shall pay an initial fee of $50 for each taxicab or limousine
operating in the City of Grants Pass. This fee shall not be prorated and is
not transferable to another vehicle. (Ord. 5189, 2003)
C.
Thereafter, on July 1st of every year, a licensee shall pay a $50 renewal
fee for each vehicle, regardless of the date when the initial application was
approved. (Ord. 5189, 2003)
D.
The licensee shall notify the Administrative Services Director of the vehicle
identification number, state license number and make, model and color of
each taxicab operated (and of any replacement taxicabs within 72 hours of
replacement). (Ord. 5189, 2003)
E.
The $50 initial or renewal fee shall be waived if the vehicle is continuously
regulated by and registered with TransLink. (Ord. 5189, 2003)
4.16.130 Annual Driver’s Permit Renewal Fee.
A.
After the initial approval of a driver’s permit and payment of the application
fee, on July 1st of every year the licensee shall pay a driver’s permit
renewal fee for every driver in the amount of $25, regardless of the date
when the initial application was approved. (Ord. 5189, 2003)
B.
When a driver’s permit is renewed, the licensee driver shall also submit to
the City, two passport quality photographs. (Ord. 5189, 2003)
C.
When a driver seeks renewal, they shall submit a complete application
(except for fingerprint requirements). The Public Safety Department shall
conduct a criminal history check and shall review any previous Public
Safety contacts with the driver and shall forward the information to the City
Manager. After reviewing the information, if the City Manager approves of
the renewal the City shall issue a driver’s permit renewal. If the City
Manager recommends denial, the matter shall be set for hearing in the
same manner as an initial application. (Ord. 5189, 2003)
4.16.140 Owner’s Licenses and Driver’s Permits -Display Requirement.
A.
Copies of the owner’s license shall be conspicuously displayed in all
vehicles at all times. (Ord. 5189, 2003)
B.
The City will issue a driver’s permit with one of the passport quality
photographs (submitted as part of the initial application or as part of the
most recent renewal). (Ord. 5189, 2003)
C.
The driver operating the vehicle shall conspicuously display their driver’s
permit in the vehicle at all times. (Ord. 5189, 2003)
4.16.150 Owner’s Licenses and Driver’s Permits -Non-transferable.
Owner’s licenses may not be sold, assigned, mortgaged, or otherwise transferred
without the written consent of the City after a transfer hearing approval as noted
herein. Driver’s permits may be transferred to another licensee upon prior written
notice to the City Manager but are not transferable to another individual. (Ord.
5189, 2003)
4.16.160 Vehicle Equipment Requirements.
No taxicab or limousine licensed under this Chapter shall be operated unless it is
in good repair and condition (both mechanically and visibly) at all times. Owners
and drivers shall submit their taxicabs and limousines to routine inspection at any
time as requested by the Public Safety Department.
(Ord. 5111, 2002; Ord. 5189, 2003)
4.16.170 Taxicab -Identification.
Each taxicab operated under this Chapter shall have lettering on each side
identifying the business in letters not less than 6 inches in height. Each cab shall
be designated by a different number, and such number also shall appear on the
side of each cab in printing of the same size.
4.16.180 Taxicab and Limousine Owners Insurance Requirements.
If a taxicab license is issued under this chapter, and before any operation of
taxicabs or the carrying on of any taxicab business, the licensee shall furnish to
the Administrative Services Director, also known as auditor in this chapter, a copy
of an insurance policy then in effect issued by a reliable insurance company
authorized to transact business in the state insuring each and every taxicab
operated in the City pursuant to the provisions of this chapter. The insurance
policy shall provide public liability coverage of not less than $100,000 because of
bodily injury to or death of one person in any one accident; and subject to the
aforesaid limit for one person, $300,000 because of bodily injury to or death of two
or more persons in any one accident; and $50,000 because of injury to or
destruction of property of others in any one accident, and medical insurance
coverage of not less than $5,000 per person (for any passenger being transported
by said taxi service) because of bodily injury to or death to any passenger in any
one accident; provided that should the "financial responsibility" laws, of the State
of Oregon relating to insurance coverage for motor vehicles or common carriers,
be hereafter at any time or times modified to increase the limits of coverage set
forth therein, then such insurance as stated in the modified law shall be the
insurance to be provided pursuant to this section, and provided further that should
any state agency or state law hereafter require insurance for taxicab operations,
and such insurance is greater than the amounts set forth herein then such greater
amount of insurance shall be provided pursuant to this chapter. The applicant
must also submit a signed statement executed by the Owner’s insurance agent
agreeing to notify the City in writing not less than 30 days in advance of any
cancellation or reduction in coverage amounts less than specified herein. (Ord.
5189, 2003)
4.16.210 Driver Violations.
A person shall not drive a taxicab or limousine if they have consumed any
alcohol or illegal drugs within 8 hours of driving or are under the influence of
alcohol or drugs. Taxicab and limousine drivers shall not use any obscene
language or commit any violation of any ordinances of the City or the laws of the
State of Oregon.
4.16.230 Admittance of Any Qualified Person.
A taxicab driver shall accept as passengers any individuals who seek to so use
the taxicab, provided the individuals are conducting themselves in a responsible
and orderly manner. No other individual shall be admitted to a taxicab occupied
by a passenger without the explicit consent of the first passenger. (Ord. 5189,
2003)
4.16.240 Use of Most Direct Route.
A taxicab driver shall take the passenger to the destination by the most direct
route available from the place where the passenger enters the taxicab.
4.16.250 Operational Meter.
No taxicab shall be operated unless it is equipped with a meter in good condition,
which accurately records the amount charged on each trip, shown in figures
visible to the passenger.
4.16.260 Maintenance of Daily Manifest.
Every taxicab driver shall maintain a daily manifest, showing the time and place
of origin, time and place of destination, the amount of the fare, the number of
passengers, and a description of any property left in the vehicle by the
passenger. All completed manifests shall be submitted by the driver to the
licensee not less than once each month. The licensee shall be responsible for
maintaining all manifests in a safe place for at least one calendar year.
Manifests shall be available upon the request of the Public Safety Department or
the City Manager.
4.16.280 Return of Lost Property.
Any property found in any taxicab or limousine shall be returned within 24 hours
if the owner’s location can be ascertained. The licensee must retain all property
found within the vehicle, for ninety days prior to disposal of the property for
possible reclamation by the owner. If unclaimed, property over $50 in value shall
be turned over to the Public Safety Department.
4.16.290 Transporting Nonpaying Passengers.
It is a violation of this Chapter to carry any guest or non-fare passenger in the
front seat of a taxicab unless said individual also possesses a valid and current
taxicab owner’s license or taxicab driver’s permit. (Ord. 5189, 2003)
4.16.340 Dispatch Service.
A. Taxicab licensees or their answering services shall answer all telephone calls
to the business for 24 hours a day, 7 days a week. Incoming telephone calls
shall be answered within one minute of the call. An answering service, which
takes messages but does not dispatch taxis does not satisfy the requirements
of this subsection. (Ord. 5189, 2003)
B. Taxicab drivers shall answer all calls received by them for services inside the
corporate limits of the City as soon as they can do so, and if said services
cannot be rendered within 30 minutes, they shall then notify the prospective
passengers how long it will be before the service will be given, and give the
reason therefore.
4.16.350 Smoking in Taxicabs.
Licensees and drivers shall not permit any person in a taxicab (including the
driver) or medical transport to burn or smoke a cigarette, pipe, cigar, or similar
material. Violation of this section is not punishable as a separate offense under
the Grants Pass Municipal Code, but is prima facie grounds for revocation of the
owner’s license or driver’s permit, or both. (Ord. 5189, 2003)
4.16.360 License Revocation -General Procedure.
A.
Upon payment of the annual fee for an owner’s license or driver’s permit,
the Public Safety Department shall conduct a supplemental inquiry into the
criminal history and driving history of said individuals. The Department
shall forward to the City Manager its findings. (Ord. 5189, 2003)
B.
The City Manager shall have the authority to temporarily revoke any
owner’s license or driver’s permit for any violation of this Chapter or at any
time when there is reasonable ground to believe the owner or driver is an
incompetent or improper person to operate the taxicab or limousine
business. The City Manger, within 7 days of revocation shall file with the
Council a written report setting forth the reasons for the temporary
revocation of the license or permit. (Ord. 5189, 2003)
4.16.370 License Revocation -Appeal Hearing.
A.
A licensee or driver shall have 14 days from the date of temporary
revocation to file an appeal with the Council. The appeal shall be in
writing and filed with the City Manager who shall set the matter for a public
hearing before the Council not more than 28 days after the revocation.
B.
At any such hearing, the Council shall consider the City Manager’s report
and any other evidence offered by the City or the licensee or driver.
4.16.380 Acceptance of Service for Violations of the Municipal Code
By applying for and receiving a taxicab or limousine owner’s license, a licensee
thereby consents to service of citations for any violation of the City Municipal
Code by the City sending said citation to the licensee by certified mail, through
the U.S. Postal Service to the address of the licensee as listed on the most
recent application. Acceptance shall be presumed to have occurred on the 5th
calendar day following the date of mailing. (Ord. 5189, 2003)
Chapter 4.20
PRIVATE DETECTIVES, MERCHANT POLICE
AND SIMILAR OCCUPATIONS
Sections:
4.20.010 Purpose
4.20.020 Definitions
4.20.030 Identification Cards--Required
4.20.040 Identification Cards--Application and Fee
4.20.050 Identification Cards--Investigation by Public Safety Director
4.20.060 Identification Cards--Issuance
4.20.070 Identification Cards--Applicable Standards for Agents or Employees
4.20.080 Identification Cards--Notice of Rejection or Acceptance
4.20.090 Identification Cards--Fee
4.20.100 Identification Cards--Conditions of Licensing
4.20.110 Identification Cards--Revocation
4.20.120 Identification Cards--Revocation--Appeal Procedure
4.20.130 Bonding Requirements
4.20.140 Enforcement Authority
4.20.150 Divulging Confidential Information
4.20.160 False Reports
4.20.170 Notice of Employee's Termination of Employment
4.20.180 Uniforms
4.20.190 Identification Cards
4.20.010 Purpose
The general purpose of this chapter is to protect the public of the City from
harmful, unregulated, improper, illegal or excessive acts of persons whose
activities or occupations are defined in Section 4.20.020.
(Ord. 3964 §1, 1973)
4.20.020 Definitions
For the purpose of this chapter, the following terms, phrases, words and their
derivations shall have the meanings set out below:
A.
"Armored Car Service" means any firm, person, partnership or corporation
engaged in the business of transporting cash or valuables by means of
armored cars; provided, however, that such term shall not include any
armored car service while engaged in interstate commerce.
B.
"Burglar Alarm Salesman" means any firm, person, partnership or
corporation engaged in the business of selling, trading, servicing, repairing
or maintaining burglar alarms or burglar alarm systems.
C.
"Detective Agency" means any firm, partnership or corporation composed
of three or more private detectives.
D.
"Merchant Police" means any firm, person, partnership or corporation
engaged in the business of watching, guarding, or protecting premises,
property or persons; provided, however, that the term shall not include any
individual who has only one employer and who is employed to watch,
guard, or protect only the premises, property or person of that employer,
or any common carrier engaged in interstate commerce, or any individual
employed by such carrier or carriers to watch, guard or protect premises,
property or persons for such carrier or carriers.
E.
"Merchant Police Agency" means any firm, partnership or corporation
composed of three or more merchant policemen.
F.
"Private Detective" is a person who accepts employment for hire, fee or
reward to furnish or supply information as to the personal character,
actions or identify of, or as to the character or kind of business or
occupation of, any person or any corporation, partnership, business or
other private or public entity. The term shall not include within its meaning
a private investigator employed exclusively by one employer in connection
with a business, a detective or officer of the law enforcement agencies or
the United States or any state, county of city, or any other person licensed
in his business activity by the state and bonded.
(Ord. 3964 §, 1973)
G.
"Licensee" is a holder of an identification card. (Ord. 4529 §, 1985)
4.20.030 Identification Card--Required
No person, firm, partnership, corporation, or employee or agent thereof, shall
operate as a private detective, merchant patrolman, armored car service, burglar
alarm salesman, or detective agency in the City without first obtaining an
identification card from the Public Safety Director as provided in this chapter.
Any fee required pursuant to this chapter shall not be in lieu of any taxation of
professions, trades, callings and occupations as might be required by any other
ordinance of the City. (Ord. 3964 §1, 1973)
4.20.040 Identification Card--Application and Fee
A.
Applications for identification cards issued under this chapter shall be
made upon blank forms prepared and made available by the Public Safety
Director and shall state:
1.
The full name, date of birth and residence address of the applicant;
the present and all previous occupations of the applicant; and the
names and addresses of all employers of the applicant during the
fifteen years immediately preceding the date of application;
2.
Whether the applicant is a citizen of the United States; the address
of the applicant's intended place of business;
3.
The number of years of experience the applicant has had in the
field for which the application is made, and any training the
applicant may have had in such field, information concerning any
license or permit the applicant might have ever acquired from any
public or private agency pertaining to any field regulated by this
chapter, and whether or not such license or permit has expired,
terminated or been revoked, and the reason for any such
termination or revocation;
4.
Whether the applicant has ever been convicted of a felony,
misdemeanor or traffic offenses (not including parking offenses and
traffic offenses prior to five years before the date of application),
and if so, when, where and for what cause;
5.
The residence addresses of the applicant for the fifteen years prior
to the date of application; and
6.
Such other information as the Public Safety Director shall deem
reasonably necessary to effectuate the general purpose of this
chapter.
B.
The application required shall be accompanied by a fee of twenty ($20)
dollars. (Ord. 3964 §3, 1973; 4340 §1, 1980; 4259 §1, 1975)
4.20.050 Identification Card--Investigation by Public Safety Director
Within fifteen days after receipt of an application as provided in this chapter, the
Public Safety Director shall cause an investigation to be made of the applicant,
and the applicant's proposed operation. (Ord. 3964 §4, 1973; 4529 §1, 1985)
4.20.060 Identification Card--Issuance
The Public Safety Director shall have the authority to issue an identification card
under this chapter when he determines that:
A.
The applicant has submitted a full and truthful application;
B.
The applicant has submitted all fees and provided all bonds, in the
required form, as required by this chapter;
C.
The applicant has not been convicted of a felony or misdemeanor
involving moral turpitude within the twenty years immediately preceding
the date of application;
D.
The applicant has not been convicted of more than one felony or
misdemeanor involving moral turpitude, regardless of date of conviction;
and
E.
The applicant is a citizen of the United States. (Ord. 3964 §5, 1973;
Ord. 4340 §2, 1980; Ord. 4529 §1, 1985)
4.20.070 Identification Cards--Application Standards for Agents or Employees
All employees and agents of any person having or applying for an identification
card under this chapter shall make application pursuant to and meet the
standards of Section 4.20.060, and shall be subject to all the terms of this
chapter, and any rules and regulations promulgated pursuant thereto.
(Ord. 3964 §6, 1973; Ord. 4340 §3, 1980; Ord. 4529 §1, 1985)
4.20.080 Identification Cards--Notice of Rejection or Acceptance
The Public Safety Director shall act upon the application for an identification card
within thirty days after the filing thereof by mailing to the applicant a notice of
acceptance or rejection of the application. Such notice is deemed given when
mailed to the applicant, postage prepaid, at the residence address of the
applicant set forth in the application required by Section 4.20.040.
(Ord. 3964 §7, 1973; Ord. 4529 §1, 1985)
4.20.090 Identification Card--Fee
An identification card shall be issued to each successful applicant. The
application shall be the same whether for a portion of a year or the whole thereof.
(Ord. 3964 §8, 1973; Ord. 4529 §1, 1985)
4.20.100 Identification Card--Conditions of Licensing
A.
Identification cards issued pursuant to this chapter shall not be
transferable.
B.
On December 31 of each year, the Public Safety Director shall issue
renewal identification cards to those who have not been revoked or
suspended on December 31 of each year, upon payment of a ten-dollar
($10) fee and verification of current bond.
C.
All identification cards issued under this chapter shall be for a term from
January 1 to December 31 of each year. (Ord. 3964 §9, 1973;
Ord. 4529 §1, 1985)
4.20.110 Identification Card--Revocation
A.
The identification cards issued under this chapter shall be subject to
revocation or suspension by the Public Safety Director for any violation by
the licensee, or any of his employees or agents, of any of the provisions of
this chapter, or for failure to meet the standards for the applicant as set
forth in Section 4.20.060, and after reasonable notice and an opportunity
to be heard before the Public Safety Director has been given the licensee.
The Public Safety Director shall immediately notify any licensee of such
suspension or revocation by personal service. Any licensee notified of
suspension or revocation of his license shall immediately return his
identification card issued under this chapter, and any identification cards
of any of his employees and agents, to the Public Safety Office.
B.
If at any time facts arise or become known to the Public Safety Director
which would be sufficient to warrant refusal or withholding of an
identification card under the terms of this chapter, the Public Safety
Director may notify the licensee of the facts and further inform the licensee
that unless the same are satisfactorily explained and this chapter complied
with forthwith, the licensee's identification card license shall be revoked by
the Public Safety Director. (Ord. 3964 §10, 1973; Ord. 4340 §4, 1980;
Ord. 4529 §1, 1985)
4.20.120 Identification Card--Revocation--Appeal Procedure
A.
The City Council shall constitute the Board of Appeals. The Board shall
adopt rules of procedure for appeals taken pursuant to this chapter, and
shall keep a public record of any hearing and decision of any appeal taken
pursuant to this section.
B.
The Board shall hear and decide appeals where it is alleged there is error
in any order, requirements, decision, determination, or refusal made by
the Public Safety Director in carrying out or enforcing any provision of this
chapter. Appeals to the Board may be taken by any person aggrieved or
affected by a decision of the Public Safety Director.
C.
The appeal shall be filed with the City Manager within fifteen days
following receipt of verbal or written notification of such order,
requirement, decision, determination or refusal as might have been made
by the Public Safety Director. The appeal shall be transmitted by the City
Manager to the Board at its next regular City Council meeting, and the City
Manager shall furnish the Public Safety Director with a cop of the appeal.
D.
The Board may request such material as is considered essential to the
understanding of the case, and within thirty-five days after receiving the
appeal, the Board shall call for and hold a hearing at a public City Council
meeting on the appeal.
E.
Not less than ten days prior to the date of hearing by the Board, the City
Manager shall give written notice by certified mail, return receipt
requested, to the appellant at the residence address of the appellant, as
given in the application of the appellant submitted pursuant to Section
4.20.040, or to such other address of the appellant as he might specify in
his appeal as the address to which he desires the notice to be sent.
F.
The Board shall make its findings and decision within thirty days after the
hearing on the appeal. The City Manager shall notify the appellant of the
Board's decision in writing by regular mail within five days after the Board
has rendered its decision, such notice to be sent to the address of the
appellant as provided in subsection E of this section.
(Ord. 3964 §11, 1973; 4529 S.1, 1985)
4.20.130 Bonding Requirement
A.
No identification card shall be issued hereunder unless the applicant files
with the City a cash bond or a surety bond, the latter to be executed by the
applicant with two or more sureties, or issued by a surety company
authorized to do business in the state. The cash or surety bond is to be in
the sum of two thousand dollars for a private detective, armored car
service, or burglar alarm sales business, of five thousand dollars for a
detective agency or merchant policy agency. The bond shall be approved
by the City Attorney as to form, execution and sufficiency of sureties, and
shall be renewed annually as of December 31.
B.
The bond or approved security required in this section shall be taken in
the name of the people of the City, and every person injured by the
negligent, willful, malicious or wrongful act of the principal, his agent, or
employee, committed in the conduct or scope of the licensee's activity
subject to this chapter may bring an action on the bond in his own name to
recover damages for such negligent, willful, malicious or wrongful act.
C.
The Public Safety Director shall suspend any identification card when the
bond or other approved financial security required under this chapter shall
have lapsed or is reduced by reason of a judgment thereon, or for any
other reason is no longer in full force and effect. (Ord. 3964 §12, 1973;
Ord. 4529 §1, 1985)
4.20.140 Enforcement Authority
The Public Safety Director shall have the authority to enact and enforce
reasonable rules and regulations for the operation of licensees in the interest of
the public safety, morals and welfare, and to effectuate the general purpose of
this chapter. (Ord. 3964 §13, 1973; Ord. 4529 §1, 1985)
4.20.150 Divulging Confidential Information
It is unlawful for any person engaged in or carrying on any business or vocation
subject to this chapter, or for any employee, agent, officer, associate or partner of
any such person, to divulge or cause or permit to be divulged to anyone other
than his employer or client, except as may be required by law, any information
acquired by him in connection with his business or vocation, except at the
direction of such employer or client for whom the information was obtained;
provided, however, that any such person having knowledge of the commission of
a crime shall immediately notify the appropriate police agency, and in the event
that such crime is committed in his presence, he shall stand by for the arrival of a
police officer and assist as directed by such officer. (Ord. 3964 §14, 1973)
4.20.160 False Reports
It is unlawful for any person engaged in or carrying on any business or vocation
defined in this chapter, or for any employee, agent, officer, associate or partner
of such person, to make any false report or account to his employer, client, or
any law enforcement officer or agency, concerning any matter pertaining to the
conduct or execution of such business or vocation, or concerning any matter
required to be reported to the Public Safety Director pursuant to this chapter or
other ordinance, law, rule or regulation, whether federal, state, or local.
(Ord. 3964 §15, 1973; Ord. 4529 §1, 1985)
4.20.170 Notice of Employee's Termination of Employment
Within three days of the termination of employment of any employee, agent or
other person of any licensee, written notice of such termination shall be
personally delivered by the licensee to the office of the Public Safety Director,
and the identification card of any such employee, agent or other person of the
licensee shall be delivered to the Office of the Public Safety Director with such
written notice of termination. Failure to comply with this section shall result in
revocation of the identification card of such licensee. (Ord. 3964 §16, 1973;
Ord. 4529 §1, 1985)
4.20.180 Uniforms
No Licensee who is not a member of the police or fire divisions of the City shall
wear a uniform, cap, badge or buttons at the time in use by members of the
police or fire divisions of the City. A person desiring to provide any service
regulated by this chapter shall cause no distinctive uniform, cap, badge or
buttons to be worn by any such person or his agent or employee until the form,
design and color thereof shall have been first submitted to and approved by the
Public Safety Director. (Ord. 3964 §17, 1973; Ord. 4529 §1, 1985)
4.20.190 Identification Cards
All licensees, and their employees and agents, shall carry on their person at all
times when performing services as a licensee under this chapter the identification
card issued under this chapter. (Ord. 3964 §18, 1973; Ord. 4529 §1, 1985)
Chapter 4.24
AMUSEMENT DEVICES AND VENDING MACHINES
Sections:
4.24.010 License—Requirement.
4.24.020 License--Annual Issuance.
4.24.030 License--Application for Equipment.
4.24.040 License--Application--False Statement.
4.24.050 License--Application for Distributor--Oath Requirement.
4.24.060 License--Not Issued to Unlawful Machine.
4.24.070 License--Fee for Distributors.
4.24.080 License--Fee per Machine or Device.
4.24.090 License--Attachment to Machine.
4.24.100 License—Revocation.
4.24.010 License—Requirement.
It is unlawful for any person to maintain or operate, or both, within the corporate
limits of the City, any machine herein licensed where such machine may be
played or operated by the public without such machine having affixed thereto the
license fee provided and required in this chapter. No person shall distribute or
supply for operation of any of the machines, devices or equipment licensed under
this chapter without first obtaining from the City Auditor a license to do so.
(Ord. 1715 §1, 1950)
4.24.020 License--Annual Issuance.
The distributor licenses required by this chapter shall be issued annually and
shall expire on June 30 of each year, beginning June 30, 1951. Machine
licenses shall be issued quarterly and shall expire on March 1, June 30,
September 30, and December 31 of each year. Excepting licenses for two
dollars and fifty cents or less per year shall be paid in full in advance.
(Ord. 1715 §2, 1950)
4.24.030 License--Application for Equipment.
Machine or equipment licenses required by this ordinance shall be issued only
upon the written application of the owner of the machine, device or equipment to
be licensed, which application shall contain the following:
A.
A description of the machine, device or equipment sufficient to identify it,
including any manufacturer's serial number;
B.
The name of the applicant, with a statement that he owns the equipment,
machine or device free and clear of all liens or encumbrances, or a
statement as to the lien or encumbrance, if any;
C.
Location of the place where and the name of the person in whose
possession such machine, device or equipment may be found;
D.
Date of the application and the period for which the license is to run;
E.
The amount of money tendered with the application; and
F.
A statement that the applicant is duly licensed as a distributor under this
chapter with all distributor license fees paid and the signature of the
applicant. (Ord. 1715 §3, 1950)
4.24.040 License--Application--False Statement.
It is unlawful for any person to make any false statement in any application for
any license issued under this chapter, regardless of the materiality thereof.
(Ord. 1715 §4, 1950)
4.24.050 License--Application for Distributor--Oath Requirement.
Each applicant for a distributor's license shall make and file a written application
under oath. Such application shall state the name and address of the applicant,
the minimum number of machines to be maintained, distributed or operated by
him, plus a list stating whether the machines are operated by a one-cent coin,
five-cent coin or otherwise. (Ord. 1715 §5, 1950)
4.24.060 License--Not Issued to Unlawful Machine.
No license shall be issued for any machine, equipment or device which machine,
or the playing or operation thereof, shall violate any provisions of the statutes of
the United States of America or the state or of the ordinance of the City.
(Ord. 1715 §6, 1950)
4.24.070 License--Fee for Distributors.
Each distributor of five or less machines of the types licensed under this chapter
shall pay an annual license fee of twenty-five dollars, and each distributor of six
or more of such machines shall pay an annual license fee of fifty dollars per year.
All license fees of any kind required to be paid under the terms of this chapter
shall be payable in advance. (Ord. 1715 §7, 1950)
4.24.080 License-Fee per Machine or Device.
A.
The machines, devices and equipment which are operated, used or
supplied, distributed or maintained for operation or use within the City
shall be licensed in accordance with the following schedule of fees:
1.
Music machines, ten dollars per year, plus fifty cents per year for
each coin or receptacle or slot for the operation of said machine not
directly affixed or physically attached to the machine.
2.
Pinball machines, mechanical bowling, baseball, hockey, basketball
games, and similar legal amusement devices, ten dollars per year.
3.
Pool tables, fifteen dollars per year.
4.
Bowling alleys, fifteen dollars per alley per year.
B.
No pinball machines shall be licensed or permitted to be used in the City
which do not provide for the use of five or more balls for playing for each
five-cent coin. In addition, nothing in this chapter shall be construed to
permit or license "slot machines" as defined by Oregon Revised Statutes.
(Ord. 1715 §8, 1950; Ord. 4333 §1, 1980)
4.24.090 License--Attachment to Machine.
Each machine licensed as provided in this chapter shall, at all times, have
attached thereto in a conspicuous place thereon the license issued therefore,
and it shall be unlawful for any person in charge of or in control of any premises
within the City to have or permit therein any machine to be maintained or
operated thereat unless and except the license is attached thereto, and it shall be
unlawful for any person to play or operate such machine unless the license is
attached thereto. (Ord. 1715 §9, 1950)
4.24.100 License—Revocation.
Any distributor licensed under this chapter who is convicted of a violation of any
of the provisions of this chapter or this code of any of the provisions of this
chapter or this code or the ordinances of the City or statutes of the state
pertaining to gambling, punchboards, or slot machines shall be subject to having
his license revoked by a resolution of the common Council.
(Ord. 1715 §10, 1950)
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