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13-556-Resolution Recorded 12/17/1969VOL 13 FADE .J() IN THE COUNTY COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES In the Matter of ) R E S O L U T I O N Business License Ordinance ) THIS MATTER coming before the Court upon its own petition and the Court having made investigation and being advised, IT IS HEREBY RESOLVED That Deschutes County adopts an ordinance that may be referred to as a Business License Ordinance (which is attached), and that two public hearings be held on January 20, 1970, at 10:00 a.m. and at 7:30 p.m. in the District Courtroom of the Deschutes County Courthouse. Done in Open Court this 17th day of December, 1969. DESCHUTES COUNTY COURT /gZ COUNTY JUDGE /2v.Z,w/ COUNTY COMMISSIONER COUNTY C01 'II SS I ONER A TENTA'r1VE DRAFT December 17, 1969 VOL 13 PAGE 557 1. TITLE This ordinance may be referred to as the Business License Ordinance. 2. EFFECTIVE DATE This ordinance will become effective April 1, 1970. Amendments to this ordinance will be effective upon their adoption. 3. PURPOSE This ordinance is adopted for the purpose of preserving the public health, safety and welfare. 4. DEFINITIONS As used in this ordinance, unless the context requires otherwise: (1) "Affected business" means any entertainment business, drive-in restaurant, junk dealer, secondhand dealer, peddler or itinerant merchant, or expanded entertainment business. (2) "Entertainment business" means any business which provides amusement, or entertainment for a fee, charge or other valuable consideration, for 500 or less persons at one time. (3) "Expanded entertainment business" means any business which provides amusement or entertainment for a fee, charge, or other valuable consideration, for more than 500 persons at one time. (4) "Public dance hall" means any building, root, hall, pavilion, tent or other place kept or maintained, or used for public dancing, or where anyone is given instruction in dancing for hire. (5) "Person" means any natural person, and any firm or corporation. (6) "Clerk" means the County Clerk. (7) "Licensed business" means any business licensed under this ordinance. (8) "The Board of Commissioners" means the Deschutes County Board of Commissioners. VOL 13 PAGE 558 (9) "Peddler" or "itinerant merchant" means: (a) Every person, who for himself or as agent of another, goes from place to place or from house to house, carry- ing for sale and offering or exposing for sale any goods, wares or merchandise. CO Every person who, for himself or as agent of another, goes from place to place or from house to house, selling or offering to sell for future delivery, by sample or catalog, at retail, to individual purchasers who are not dealers in the articles sold, any goods, wares or merchan- dise. (10) "Second Hand Dealer" or "Junk Dealer" means any person engaged in the business of buying, trading or otherwise acquiring or selling, trading, or otherwise disposing of used or second hand goods and personal property items for the purpose of reselling any parts or portions of, or the salvagable materials from, such goods or items of personal property, or for the purpose of reselling such goods or items in the same condition as when they were acquired, or after reconditioning or otherwise improving such goods or items, and any person engaged in a business which combines said purposes, except that junk dealer or second hand dealer shall not include: (a) A person who conducts a single auction or sale on the premises where the goods have been stored or held by the owner of the goods. (b) A person engaged in the business of selling at auction, livestock, poultry or other agricultural products, or voi 13 FACE 559 any auction mart or auctioneer licensed by the State Board of Auctioneers. 5. LICENSE REQUIRED No person shall conduct, operate or engage in affected business contrary to the regulatory provisions of the Business License Ordi- nance within the unincorporated areas of Deschutes County. 6, FEDERAL AND STATE LAWS AND REGULATIONS The licensed business shall comply with all applicable federal and state laws and regulations in addition to regulations imposed on designated licensed businesses under the provisions of this ordinance. ?. POSTING LICENSE A person conducting a licensed business shall keep his license posted in a prominent place on the premises at all times. 8. APPLICATION No person shall submit or cause to be submitted or suffer to be submitted an application form containing information which he knows, or in the exercise of due diiligence should know contains false or deceptive infor- mation. 9. APPLICATIONS FOR LICENSE Applications for all licenses required for this ordinance shall be made to the Clerk on a form to be provided by the Clerk, which application shall state the name and address of the applicant, the license desired, the location of the premises to be used in conducting the business, the consent of the applicant to an investigation of said premises, the time covered by the application, the fee to be paid, and the signature of the applicant or its duly authorized representative; each application shall contain additional information as the Clerk may require for administering the issuance of the licenses applied form and be accompanied by the proper fee. 10. BASIC APPLICATION INFORMATION Every application for license shall contain the following information: VOL :13 FACE 560 (1) The type of license sought (2) The business name to be used and the location of business (3) The applicant's name, address and position with the applicant business (u) The name and address of every person having an interest in the applicant business and where a corporation is so listed, the add- ress shall include both the state of incorporation and the name and address of that person within the State of Oregon who is author- ized to receive service of civil process for the corporation (5) Whether applicant business has filed an assumed business name (6) Whether applicant business has ever had a similar license denied or revoked (7) Whether applicant business employs persons previously convicted of a crime involving moral turpitude. 11. DRIVE -IN RESTAURANT LICENSE APPLICATION In addition, each application for drive -in restaurant license shall: (1) disclose the proposed business hours and days; (2) disclose the capacity of the premises and the nature of access; (3) disclose the person, agency and date the restaurant was last inspected for compliance with health and sanitation regulations; (1,) affirm willingness to prevent the accumulation and spread of litter; and (5) affirm familiarity with and willingness to comply with the State Liquor Control Act and the Business License Ordinance. 12. EXPANDED ENTERTAINMENT BUSINESS LICENSE APPLICATION In addition to the information required to be submitted with a license application under Section 10 of this ordinance, an application for an Expanded Entertainment Business License shall: vrt 13 PEE 513 , (1) List the names of all persons employed by the applicant business. (2) List all cities and counties in the United States where applicant has engaged in similar business. (3) Affirm familiarity with, and willingness to comply with, applicable State laws and the Business License Ordinance. (!t) Describe in detail the type and kind of amusement, or entertainment to be performed and the names and addresses of all performers. (5) Declare an estimate of the mumber of persons expected to attend such amusement or entertainment and explain in detail the basis for arriving at the estimate declared. (6) The specific date and hours said amusement or entertainment is to be performed. (7) Said application is to be filed no less than twenty (20) days before the schedule amusement or entertainment is to be performed. Unless said amusement or entertainment is to be performed in a building or structure previously inspected and approved by State and County sanitary authorities, this application shall be accompanied by a letter from the Deschutes County Sanitarian stating that he has been provided with a complete description of the sanitary facilities provided, that he has had adequate opportunity to inspect such facilities, and does approve of the sanitary facilities provided. At the time the application is filed, it shall be accompanied by a letter from the Sheriff of Deschutes County stating that he has been provided with the names, addresses, and qualifications of all special patrolmen to be employed by the applicant, and that the Sheriff has approved their employment in this capacity. It shall (8) (9) _5_ VOL 13 PAGE 562 further state that the Sheriff is satisfied enough patrolmen have been employed to adequately direct and control the vehicle traffic and number of persons declared to be expected to attend the amuse- ment or entertainment. 13. PEDDLER REGULATIONS (1) In addition to the information required to be submitted with a license application under Section 10 of this ordinance, an application for license as peddler or itinerant merchant shall: (a) List in writing, the names and address of all persons employed by the peddler or itinerant merchant for work in the County outside the limits of incorporated cities, and peddlers and itinerant merchants shall promptly notify the Clerk in writing of any deletions or additions to this list during the license year. (b) List all cities and counties in Oregon in which the individual peddler or itinerant merchant has engaged in solicitation of business during the previous six months. (c) Affirm familiarity with, and willingness to comply with applicable state laws and the business License Ordinance. (d) If the peddler or itinerant merchant represents a firm or corporation located outside the county or state, list the name and address of such firm or corporation. (e) Describe the merchandise offered for sale. (2) No person while engaged in the affected business of peddler or itinerant merchant shall enter uninvited into a private building, structure or room. vOL 13 MI 563 14. SECOND HAND AND JUNK DEALER REGULATIONS, (1) Every licensee as a second hand dealer or junk dealer shall keep at his place of business a record book in which shall be entered a dated daily true account of transactions at such place of business showing: (a) The signature and address of each person from whom he receives, by purchase or otherwise, personal property for disposal in or through such place of business; (b) The number of articles; (c) The number of pounds of any material which customarily is sold by weight; (d) A reasonable identifying description of the articles or material. (2) The record book shall, during all business hours and at such other times as reasonably may be required by law enforcement officers be open to inspection by any law enforcement officer. The record concerning articles or material shall be kept for at least one year after the date of receipt of such articles or material at the places of business. When any licensed second hand dealer or junk dealer discontinues his business, such records or duly authenticated copies thereof shall be delivered to the Board of Commissioners or disposed of as directed by it. (3) No merchandise of a second hand dealer or junk dealer shall be dis- played outside any building unless the merchandise displayed is screened from the view of passers -by and adjacent property owners by a fence, shrubbery or other suitable device. _7_ 11 1 voi 13 PAUE 564 15. INVESTIGATIONS Upon receipt of any application, the Clerk may refer the application to the Beard of Commissioners, which may refer it to the Sheriff or any other county officer deemed appropriate by the Board of Commissioners. Upon such referral the Sheriff or other officer shall conduct such investigation as may be necessary to determine whether the applicant is complying with the terms of this ordinance, and shall report to the Board of Commissioners recom- mending either issuance or denial of the license. Each officer charged with the duty of making such investigation shall file a report thereon with the Board of Commissioners within ten (10) days after the time of receipt of the referral. 16. COOPERATION WITH INVESTIGATIONS REQUIRED Whenever investigation of the prem- ises used for or in connection with an affected business is provided for or required by this ordinance, the licensee or person in charge of the premises shall admit county officers charged with making the investigation. Such investigations shall be made only during reasonable hours. 17. SUMMARY HEARING On the first regularly scheduled county court day occurring not less than 15 days following filing of an application for license, the Clerk shall present it to the Board of Commissioners for summary review. At this hearing, the Board of Commissioners shall examine each application, the history of former licenses issued, and any record of complaints or protests to issuance of license. 18. SUMMARY REJECTION The Board of Commissioners may summarily reject any appli- cation defective in form or unaccompanied by tender of the appropriate fee. Summary rejection shall be accomplished by noting the defect upon the face of the application and directing the Clerk to return the application and fee tendered. -8+. VOL 13 FMS E 565 19. SUMMARY ISSUANCE OF LICENSE Where it appears in the public interest, the Board of Commissioners may summarily direct the Clerk to issue the license sought upon any conditions appearing appropriate to the Board of Commissioners, which conditions shall be endorsed on the license by the Hoard of Commissioners before signing the license. 20. SCHEDULING INFORMAL HEARING In all other cases, the Board of Commissioners shall defer action to a date certain but not less than thirty (30) days after filing of the application for license. 21. PROVISIONAL STEPS When deferring action, the Board of Commissioners may also request that: (1) Any county official conduct an investigation and file report thereon prior to the informal hearing; (2) A defect in form or in fee tendered be brought to the attention of the applicant together with an invitation to correct the defect prior to informal hearing; (3) Notice of the informal hearing be given to any person; or, (L) Applicant be requested to provide additional information. 22. INFORMAL HEARING At the date scheduled for informal hearing, the Board of Commissioners shall determine whether the public interest would be served by issuance of the license sought. In reaching this determination, the Board of Commissioners may consider all relevant information and without regard to the rules of evidence, If it appears to the Board of Commissioners that issuance of the license sought would be in the bublic interest, the Board of Commission- ers may direct the Clerk to issue the license. 21. CONDITIONAL LICENSE If it appears to be in the public interest, the Board of Commissioners may direct the Clerk to notify applicant that license will YDi 13 PALE o tb issue only subject to specified conditions. 24. NOTICE OF INFORMAL HEARING RESULT Upon the Board of Commissioners making its determination on issuance of the license sought, the Clerk shall notify the applicant of the Board of Commissioners' decision. Such notice shall advise the applicant of the consequences of failure to request a public hearing. 25. FAILURE TO 7REgUEST PUBLIC HEARING Applicant will be deemed to consent to the result of any informal hearing unless he files a written request for public hearing within thirty (30) days after the date of the informal hearing. No particular form of request is required but it will suffice if it clearly appears to be applicant's intent to request the public hearing. All such requests shall be tiled with the Clerk. DATE OF PUBLIC HEARING Innnediately upon receipt of a timely-written request fer public hears g, the Clerk shall present it to the Beard of Commissioners. The Board of Commiseimmers shall thereupon fix a time, day and place for the hearing, which day shall not be later than fifteen (15) days after Elting of the-request. 27. NOTICE OF PUBLIC HEARING, The Clerk shall forthwith give notice of the public hearing to the following persons and in the following manner: (1) The applicant shall be notified by personal service or by mailing the notice to him at the address listed upon and in either case the notice shall be given days before the hearing date; (2) Within the same time, the applicant business personal service or by mailimg the notice to listed upon the license application; - 10 - the license application, not less than 'ten (10) shall be notified by the place of business VOL 13 FREE 36r! (3) Within the same time the public shall be notified by prominently posting in three public places a copy of the notice mailed to the applicant; (Lt) Within the same time the District Attorney shall be notified by delivering to him a copy of the notice mailed to the applicant; and, (5) At any time before the hearing, any other person whom the Board of Commissioners shall direct shall be notified either by delivering to him a copy of the notice mailed to applicant or by mailing the copy to such other person at the last and best address known to the Clerk. 28. PUBLIC HEARING The hearing shall commence at the time fixed and may there- after be adjourned to convene again at a time to be set by the Board of Commissioners. Any person may appear and offer relevant evidence. In its discretion, the Board of Commissioners may control the order in which matters are presented and limit the time extended to any person in which to present argument or evidence. 29. GROUNDS FOR DENIAL Any one or more of the following grounds shall suffice for denial of license: (1) Violation of a provision of the Business License Ordinance; (2) Conduct of applicant business which has been, is, or reasonably appears will be violative of any federal, state or local law or regulation; (3) Failure of applicant business to take steps necessary to prevent continued violations of the gambling, liquor, drug, health, juvenile, sanitation, or consumer protection laws of this State upon its premises or by its employees; VOL 13 PAGE 568 (4) Danger to the public health, safety, general welfare, or morals. 7Oc. RESULT OF HEARING Within ten (10) days following the conclusion of the public hearing, the Board of Commissioners shall announce its decision and direct the Clerk to notify the applicant thereof, by any appropriate method, and shall note the decision upon the face of the application for license. 1. EXPIRATION OF LICENSE (1) All annual licenses shall expire on the last day of the calendar year. (2) The Clerk shall mail to all annual license holders a statement of the time of expiration of the license held and shall include in the mailing an application form for renewal of the license. The notice shall be mailed at least three (3) weeks prior to the date of such expiration. Holders of quarterly licenses will not be so notified. (3) Failure to mail the notice, or failure of the licensee to receive the notice, shall not excuse the licensee from obtaining a renewal of the license. Failure to send the notice or failure to receive the notice shall not be a defense in an action for operation without a license. 32. RENEWAL OF LICENSE At any time before the end of the calendar year the Clerk may 3ssum to a currently licensed business a license to continue to operate the same business during the succeeding year. Such renewal shall not be issued until all fees for the renewed license and identification certificates, if required of or requested by the licensed business, are paid. 13. LICENSE TRANSFER AND ASSIGNMENT Licenses are not transferable or assignable tltho:tt the approval of the Clerk. The Clerk shall process an application for - 12 - a 13 .SAGE 569 transfer or assignment of a license in the same manner as provided for an application for a new license. If the Clerk determined that the application for transfer or assignment is not in compliance with the provisions of this ordinance or if he has received adverse reports from County officers, he shall refer the question to the Board of Commissioners which shall deal with the matter in the same way as provided in Section 17. a. CHANGE OF BUSINESS LOCATION The location of any licensed business may be changed provided ten (10) days notice thereof is given to the Clerk and the change of location is approved by the Hoard of Commissioners. ;S. REVOCATION OF LICENSE (1) When any license fails to comply with any provision of this or any other applicable County ordinance or State or Federal laws and regulations, the Board of Commissioners may revoke any license granted by it. Before taking any such action, the Board of Commis- sioners shall set a time for the licensee to appear before it to be heard, either in person or by attorney, in opposition to such action. The Board of Commissioners shall give the licensee at least ten (10) days notice by registered mail, addressed to the licensee at his last address shown by the license records, of the time of the hearing, of the action intended to be taken and the reason for such action. Within thirty (30) days after the hearing, the Hoard of Commissioners shall make the enter in its journal an order setting forth its findings, determination and action, notice of which shall be given the licensee by mailing a copy thereof by registered mail to the licensee at his last address as shown by the license records. -13- 1 .• VOL 13 P € (2) In the event a licensee is convicted for any violation of this or any other County ordinance or of any State of Federal law or regu- lation applicable to the licensed businesses, such conviction shall be sufficient ground for summary suspension or revocation of his license without notice and hearing by order make and entered as provided in subsection (1) of this section. The Board of Commissioners shall give notice of such action to the licensee in the manner pro- vided in subsection (1) of this section. 36. APPEALS Any person whose license is revoked may, uithin thirty (30) days from the date of the order, appeal the decision to the Circuit Court. The burden of proof in the Circuit Court shall be upon the County. In event of an appeal, the revocation shall be stayed until determination of the matter by the Circuit Court. 37. REGULATORY PROVISIONS The following regulations shall apply to all persons operating, maintaining or engaging in an affected business of the indicated type and violation of any such regulation shall constitute grounds for denial, suspension or revocation of license. 34. NUISANCES No person operating, maintaining or engaging in an affected business having a fixed place of business within the County shall: (1) Permit the unsightly accumulation or spread of litter; (2) Permit or encourage any greater noise, smoke or odor than is reason- ably necessary for the proper operation of the business. 39. TRAFFIC HAZARDS No person operating, maintaining or engaging in an affected business having a fixed place of business within the County with access to a public road shall so conduct the affected business as to create a continuing or repeated hazard to traffic upon the road. -14- VOL 13 PAGE 571 40. MINORS No person operating, maintaining or engaging in an affected business having a fixed place of business within the County, who knows or in the ex- ercise of reasonable care should know that one or more of the following con- ditions exists, shall permit any minor: (1) To possess, consume, or be upon the premises while under the influer ~`. of, alcoholic liquor, narcotic or dangerous drugs as defined by the statutes of this state; (2) To resort to said premises for purposes of truancy; or (3) To engage in any game of chance upon said premises. )1. INSPECTIONS No person operating, maintaining or engaging in an affected business having a fixed place of business within the County shall deny or unreasonably restrict access thereto by any public officer for the purpose of inspection for fire, health, sanitation, electric or structural hazards or enforcement of the criminal laws of this State. 12. LICENSE FEES - GENERAL PROVISIONS Except as otherwise provided in this ordinance: (i) The license year for the purpose of fees is the calendar year. All fees for licenses shall be paid in advance at the time after commencement of the current license year, the license fee shall be prorated by quarters and the fee shall be paid for each quarter or fraction thereof during which the business has been or will be con- ducted. All license fees shall be paid into the County General Fund, The license fee shall be refunded if the license application is denied. (2) Where quarterly rates are listed, the license may be obtained for any quarter or quarters of a calendar year or for an entire year. 15 } • VOL 13 PAGE ) 1 2 (3) If the business activity of the affected business is solely for charitable purposes, the license fee may be waived by the Board of Commissioners. h3. LICENSE FEE SCHEDULE Per Per Quarter Year (1) Peddler or Itinerant Merchant $ 5.00 $ 20.00 (2) Entertainment Business Fees 15.00 60.00 (3) Junk Dealer or Second Hand Dealer 5.00 20.00 (u) Drive -In Restaurants 5.00 20.00 (5) Expanded Business Entertainment Fees: The fee for an Expanded Business Entertainment shall be $1.00 for each person attending said function of said Expanded Business Entertainment. Said fee shall be paid in advance based upon the estimated number of attendance as required on the application. Within two (2) business days after the con- clusion of the Expanded Business Entertainment venture, the applicant shall provide the County Clerk with a complete accounting of gross receipts and number of persons in actual attendance whereupon the applicant shall pay an additional fee to the Clerk if the attendance was underestimated, or the Clerk shall refund that portion of the fee not required if the attendance was overestimated. h . SEPARABILITY CLAUSE If any part of this ordinance is found invalid, the remainder shall nonetheless be operative. -16- VOL 13 PAGE 573 45. PENALTIES Any person who conducts or operates an affected business in vio- lation of this ordinance is punishable, upon conviction, by imprisonment for not more than 30 days or by a fine of not more than $1,000.00, or both. A failure from day to day to comply with such ordinance shall be a separate offense for each day. PASSED This day of , 1969. DESCHUTES COUNTY, OREGON A political subdivision of the State of Oregon By -17- CHAIRMAN COMMISSIONER COMMISSIONER