Chapter 5.32
TRANSIENT MERCHANTS
Sections:
5.32.070 Sworn statement required.
5.32.080 Investigation of applicant.
5.32.085 Denial, revocation or non-renewal of license.
5.32.090 Compliance with all city ordinances is required.
5.32.092 Inconsistent standards or provisions.
5.32.010 Defined.
(1) “Transient merchant” means any person, firm, or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, street, alley, or any other place whether public or private within the city, for the exhibition and sale of such goods, wares and merchandise.
(2) The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
Statutory Reference: ORS 221.410
History: Ord. 993 §1, 1981; Ord. 1022 §2, 1983.
5.32.020 License.
Licenses provided for in this Chapter shall be annual, weekly, or daily as hereinafter set forth. Annual licenses shall be the period commencing January 1st, and ending December 31st; a weekly license shall be the period of one calendar week; day licenses shall be for any day of twenty-four hours.
Statutory Reference: ORS 221.410
History: Ord. 993 §2, 1981.
5.32.030 License fees.
All persons carrying on in the city a transient merchant business shall be licensed and pay the license fees at the following rates: Five ($5) dollars a day, ten ($10) dollars a week, or twenty-five ($25) dollars a year. All license fees are nontransferable. Local nonprofit organizations are exempt from the provisions of this Chapter. Local nonprofit organizations working on a fund-raising project in conjunction with a profit-making enterprise, shall have the fees in this section modified to reflect this joint venture.
Statutory Reference: ORS 221.410
History: Ord. 993 §3, 1981.
5.32.040 License required.
No person or his employer or agent shall engage in or conduct within the city any transient merchant business unless a license fee as provided in GMC Section 5.32.030 has been paid and license fee receipt issued.
Statutory Reference: ORS 221.410
History: Ord. 993 §4, 1981.
5.32.050 Issuance of receipt.
Any transient merchant license herein provided for shall be paid in the administrative office, City Hall, and the clerk shall issue a receipt.
Statutory Reference: ORS 221.410
History: Ord. 993 §5, 1981.
5.32.060 Display of license.
Any person or business licensed under the provisions of this Chapter shall keep and have in his possession at all times the license receipt granted to him, and shall, upon the request of any city official, produce and display the same.
Statutory Reference: ORS 221.410
History: Ord. 993 §6, 1981.
5.32.070 Sworn statement required.
Applicants for a license as required by this Chapter shall file with the City Recorder a sworn statement containing the following information:
(1) Name and physical description of applicant.
(2) Address of applicant, both legal and local.
(3) A brief description of the nature of the business and the goods to be sold.
(4) Name and address of employer together with length of time employed.
(5) Length of time for which the right to do business is desired.
(6) The license number and description of the motor vehicle to be used in transient merchant business within the city.
(7) Statement as to whether or not the applicant and/or any of his employees have been convicted of any crime, and if so, the time and place of such conviction and the punishment or penalty assessed.
(8) The City Recorder may require such additional information, evidence or credentials as would reasonably indicate the means of identifying the applicant or his employees.
Statutory Reference: ORS 221.410
History: Ord. 993 §7, 1981.
5.32.080 Investigation of applicant.
(1) Upon receipt of an application for a transient merchant license, the city shall investigate the applicant’s business history and moral character including, but not limited to, performing a criminal background investigation of the applicant. The city may perform an investigation under this Chapter using all reasonable means it deems necessary to protect the health and welfare of the citizens of Gladstone.
(2) The rights applicable to the issuance and revocation of city business licenses generally shall also apply to transient merchant licenses, except to the extent that those rights may be modified under this Chapter.
Statutory Reference: ORS 221.410
History: Ord. 993 §8, 1981; Ord. 1315 §1, 2001.
5.32.085 Denial, revocation or non-renewal of license.
(1) The following constitute grounds for denial, revocation or non-renewal of a license required under this chapter:
(a) Failure to supply materially complete and accurate information required by the city on the application form or in a supplemental inquiry by the city;
(b) A determination that the proposed business has established a history of noncompliance with applicable requirements of the laws of a state or this Code or any other similar codes or regulations;
(c) A determination that the applicant, or any other person who will be engaged in the operation or management of the business, has had a license revoked for such causes as would constitute grounds for denial of a license under this chapter, or that such person has operated a business found to be a nuisance or has been convicted of a felony drug offense or a crime of moral turpitude, which would render such person unfit to manage or operate a business regulated under this chapter;
(d) A determination that any owner or employee of a business regulated by this chapter has committed a criminal offense under the laws of a state relating to fraud or theft and such offense was connected to the operation of the licensed business such that the person or persons in charge of such business knew or should reasonably have known that such a violation did or would occur.
(2) A license under this Chapter may be granted despite the existence of one or more of the grounds of denial if the city concludes that the basis of such grounds is not likely to recur, is remote in time, or occurred under circumstances that, in the opinion of the city, diminish the seriousness of such grounds.
Statutory Reference: ORS 221.410
History: Ord. 1315 §2, 2001.
5.32.090 Compliance with all city ordinances is required.
In addition to the requirements that otherwise pertain to the issuance and revocation of a city business license, a condition precedence to the issuance and retention of transient merchants shall be compliance with all ordinances of the city, including the zoning Title 17.
Statutory Reference: ORS 221.410
History: Ord. 993 §9, 1981.
5.32.092 Inconsistent standards or provisions.
In the event of inconsistent standards or provisions between GMC Chapter 5.04 (business licenses generally), and this Chapter, the standards and provisions of this Chapter shall apply to transient merchants.
Statutory Reference: ORS 221.410
History: Ord. 1022 §3, 1983.
5.32.100 Violation—Penalty.
Any person or corporation violating any of the provisions of this Chapter, upon conviction thereof, shall be guilty of a Class “D” Infraction as specified in GMC 1.08.010 through 1.08.100. Each day of the violation of this Chapter shall constitute a separate offense.
Statutory Reference: ORS 221.410