Loading...
1985-10396-Ordinance No. 85-006 Recorded 5/16/198585-10396 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES An Ordinance Regulating Antique, Secondhand and Junk Dealers, Providing Defini- tions, Requiring Licenses and Records, Regulating Activities* and Premises, Providing for Exemptions, Declaring Nui- sances, Providing Penalties and License Revocation. ORDINANCE NO. 85-006 G( 1.1.,{f t• CEiC^iJ1 S Drerel�i VOL 64 FAGF ? ' THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Definitions. Unless the context requires otherwise: (1) An antique, secondhand or junk dealer shall mean a person engaged in the purchase, sale, trade, barter, or exchange of antique or secondhand goods, including, but not limited to, precious metals, jewelry, coins, fire- arms, appliances, hand and power tools, sporting goods, binoculars, cameras, watches, televisions, radios, recording devices, furniture, calculators, electronic devices, bicycles and similar items, for private gain, or who have in their possession any junk, including, but not limited to, old machinery, machinery parts, appliance parts, metal, glass, lumber, wood and dis- carded material acquired for the purpose of resale. (2) "Daily ledger" is a pre -numbered, permanently bound book that contains all of the original entry pages in the book that were originally bound into the book and in which all entries are kept in chronological order. (3) "Dealer" means an antique, secondhand, or junk dealer. (4) "Purchase" means, in addition to its commonly accepted meaning, acquisition of personal property for the pur- pose of resale on consignment. Section 2. License Required and Fee. No person shall engage in business as a dealer without obtaining a license from the Deschutes County Clerk. A license shall be valid for a period of one (1) year, commencing on July 1 and terminating on June 30. The initial annual license fee shall be $50.00 for each place of business maintained by a dealer within unincorporated Deschutes County. The initial license fee shall not be prorated 1 - ORDINANCE NO. 85-006 [ VOL 64 263 for a license purchased after January 1 of the initial year. A license, which has not been permanently revoked, may be renewed for an annual fee of $25.00. Section 3. Application For License. A license shall be issued only upon the signed, written application of the dealer and shall contain such information respecting the owner of the business as the County Clerk shall determine. Upon receipt of the application and the fee, the County Clerk shall make such investigation, with the assistance of the Sheriff, as the County Clerk shall deem adequate to determine the financial responsibil- ity of the applicant. The County Clerk shall issue a license to the applicant within thirty (30) days of the date of receipt of the application, unless the investigation shows that the appli- cant is unfit. In the event the County Clerk denies an applica- tion, appeal shall be in accordance with ORS 34.010 through 34.100. Grounds for denial of an application for a license shall include, but not be limited to: (1) A false statement in the license application; (2) Conviction of a crime in the nature of theft, deception or moral turpitude; (3) Inability to demonstrate to the Clerk's satisfaction an ability to comply with the terms of this Ordinance; or (4) Failure to have obtained all necessary zoning, planning, building, and sanitation permits. Section 4. Exemptions. The provisions of this Ordinance shal not apply to: (1) A bona fide secondhand automobile establishment used exclusively for the sale of used automobiles; (2) An automobile wrecking yard; (3) A bona fide recycling center; (4) Any charitable, religious, or non-profit organization; (5) Any person holding two or fewer yard, garage, moving, or similar sales annually, provided that said person does not offer for sale goods acquired solely for the purpose of resale; and (6) Any person offering antique, secondhand, or junk goods for sale at a flea market or similar organized sales event two or fewer times annually; however, any exempt person or entity which engages in a regulated activity by contract with another shall comply with the provi- sions of this Ordinance. 2 - ORDINANCE NO. 85-006 4. , [ VOL 64 263 for a license purchased after January 1 of the initial year. A license, which has not been permanently revoked, may be renewed for an annual fee of $25.00. Section 3. Application For License. A license shall be issued only upon the signed, written application of the dealer and shall contain such information respecting the owner of the business as the County Clerk shall determine. Upon receipt of the application and the fee, the County Clerk shall make such investigation, with the assistance of the Sheriff, as the County Clerk shall deem adequate to determine the financial responsibil- ity of the applicant. The County Clerk shall issue a license to the applicant within thirty (30) days of the date of receipt of the application, unless the investigation shows that the appli- cant is unfit. In the event the County Clerk denies an applica- tion, appeal shall be in accordance with ORS 34.010 through 34.100. Grounds for denial of an application for a license shall include, but not be limited to: (1) A false statement in the license application; (2) Conviction of a crime in the nature of theft, deception or moral turpitude; (3) Inability to demonstrate to the Clerk's satisfaction an ability to comply with the terms of this Ordinance; or (4) Failure to have obtained all necessary zoning, planning, building, and sanitation permits. Section 4. Exemptions. The provisions of this Ordinance shal not apply to: (1) A bona fide secondhand automobile establishment used exclusively for the sale of used automobiles; (2) An automobile wrecking yard; (3) A bona fide recycling center; (4) Any charitable, religious, or non-profit organization; (5) Any person holding two or fewer yard, garage, moving, or similar sales annually, provided that said person does not offer for sale goods acquired solely for the purpose of resale; and (6) Any person offering antique, secondhand, or junk goods for sale at a flea market or similar organized sales event two or fewer times annually; however, any exempt person or entity which engages in a regulated activity by contract with another shall comply with the provi- sions of this Ordinance. 2 - ORDINANCE NO. 85-006 VOL 64 PAGE 264 Section 5. Records Required. (1) Every dealer conducting business at an establishment, and every itinerant dealer, shall keep a daily ledger, written in ink, in the English language, of all old machinery, machinery parts, appliance parts, metal, glass, lumber, wood and discarded material acquired for the purpose of resale, and precious metal, jewelry, coins, firearms, appliances, tools, sporting goods, binoculars, cameras, watches, televisions, radios, recording devices, furniture, calculators, electronic devices, hand and power tools, and bicycles purchased by the dealer or his agent, including an accurate and sufficiently detailed description thereof, name, address, race, sex, and date of birth of the person from whom purchased or acquired, day and hour of pur- chase and price paid, including all serial numbers and required seller's identification. The copy of the com- pleted daily ledger sheets shall be mailed or delivered to the Sheriff weekly. (a) Required identification will be one of the follow- ing: 1. A valid driver's license. 2. A valid State identification card. 3. A valid military identification card. 4. A valid passport, visa, or alien registration card with photo. (2) A daily ledger shall be so designed as to serve as both the required daily ledger and to generate the required copy. The daily ledger shall be in a form approved by the Sheriff. (3) All records required by this Section shall be main- tained by the dealer for a period of two years from the date of the latest transaction recorded therein. (4) All records required by this Section shall be open for inspection by any Sheriff's Department officer at all reasonable times. No original entry pages in a daily ledger shall be removed, detached, or separated from the daily ledger. No entry in such records may be changed, erased, obliterated or defaced. Section 6. Regulation of Premises. (1) The premises and structures of a dealer shall be kept in a sanitary manner. 3 - ORDINANCE NO. 85-006 Y. 4 VOL 64 FACE 266 period of thirty (30) days. Upon a finding that any person li- censed hereunder has violated any of the terms of this Ordinance, made a false statement on his license application, or operated a licensed business in violation of any other ordinance or law, and the license has been previously revoked, the license granted hereunder shall be permanently revoked. Section 11. Nuisance. The operation, maintenance, use or location of an antique, secondhand or junk business by a dealer in violation of this Ordinance is declared to be a nuisance. DATED this /5th day of �/%% , 1985. BO R OF COUNTY COMMISSIONERS 0 SCHUTES COUNTY, OREGON LAU CE A .:'� TJJ4TLE, ATTEST:! ✓'LOIS STO PRANTE, Commi U�ac � - �c�e-Bol • Recordi g Secretary D K M UD IN, Com issioner 5 - ORDINANCE NO. 85-006 ssioner 01�/.