Chapter 5.05 BUSINESS LICENSES

It shall be unlawful for any person, firm, association, or corporation to engage in or conduct any business, trade, or occupation specified herein unless he or it first secures a license as prescribed herein. [Ord. 221 § 1, 1939.]

5.05.020 Application for and issuance of licenses.

Any person desiring to engage in such a business, trade, or occupation shall submit an application to the recorder on such a form as the recorder may determine and shall pay to the recorder the license fee prescribed herein. The recorder shall then issue a license to the applicant, except when the filing of additional recommendations of the approval of the common council is hereinafter required; and provided, in addition, that the recorder may, if he think it advisable, refer any application to the common council for approval. [Ord. 221 § 2, 1939.]

5.05.030 Contents and duration of licenses.

Every license shall be signed by the recorder and shall show the name of the licensee, the date of issuance, the nature of the business, trade, or occupation licensed, the place or location of business, the amount of the license fee, and the time for which the license shall remain in effect. All licenses shall be effective from the date of the payment of the license fee and for the period specified therein, unless sooner revoked by order of the common council as hereinafter provided, but all licenses issued for a term of one year shall automatically expire on December 31st of each year. No new or additional license shall be required until the original license expires. [Ord. 221 § 3, 1939.]

5.05.040 License fees.

All license fees shall be paid in full before the issuance of any license. All annual licenses payable to the city under the laws of this state or the ordinances of this city shall be due and payable for the fiscal year July 1st to June 30th next following. [Ord. 598 § 1, 1972; Ord. 221 § 4, 1939.]

5.05.050 Transferability – Separate licenses.

No license shall be transferable without the consent of the council. No person licensed to carry on a business, trade, or occupation at a particular place in the city shall transfer his business, trade, or occupation to another location within the city unless he first gives notice of the intended transfer to the recorder and obtains the council’s approval of the transfer. A separate license shall be secured for each and every place of business, trade, or occupation, although owned or operated by the same person, firm, or corporation. [Ord. 221 § 5, 1939.]

5.05.060 Posting.

Each license required by the provisions of this chapter must be kept posted in a conspicuous place in the place of business covered by the license if there be such a place of business, or, if not, the license shall be carried continuously by the licensee while engaged in his trade and shall be presented for examination upon the request of any officer of this city. [Ord. 221 § 6, 1939.]

5.05.070 Revocation.

All licenses issued under the provisions of this chapter shall be subject to revocation by the common council after due notice to the licensee and a reasonable opportunity to be heard upon the following grounds:

A. That the holder of the license has violated a federal or state law or local ordinance which, in the opinion of the council, renders him unfit to conduct the business, trade, or occupation for which the license was issued; or

B. Upon any other ground specified herein with reference to licenses for any particular business, trade, or occupation. [Ord. 221 § 7, 1939.]

5.05.080 Existing licenses.

This chapter shall not be deemed to revoke any license heretofore granted under the provisions of any other ordinance. [Ord. 221 § 8, 1939.]

Article II. Trades and Occupations Requiring Licenses

5.05.090 Auctioneers.

Auctioneers shall pay a quarterly license fee of $10.00. Any person, association, corporation or company which has no permanent location for carrying on auctions, bringing or causing to be brought into the city of Junction City any goods, wares or merchandise for the purpose of selling or disposing of the same at auction or at public outcry shall pay, in addition to the quarterly license fee, $25.00 in advance to the recorder for each day the person, association, corporation or company shall so offer or cause to be offered for sale any of the goods, wares or merchandise. Every person shall be deemed an auctioneer within the meaning of this section whose business is to offer property for sale at public outcry; provided, that this section shall not apply to judicial or executive officer’s auction sales by virtue of any judgment or decree nor to the sale of any livestock or household effects. [Ord. 896 § 1, 1986; Ord. 221 § 9, 1939.]

5.05.100 Hawkers.

Hawkers shall pay a license of $10.00 per day or $30.00 per week. Any person who offers goods, wares, merchandise, or medicines of any kind for sale by outcry on the streets shall be deemed a hawker under this chapter. All license applications shall be approved by the common council. [Ord. 221 § 10, 1939.]

5.05.110 Billiard and pool rooms.

A. No person shall keep or maintain within the city a public billiard room without first obtaining a license therefor, as provided in this chapter. Within the meaning of this chapter, a place where billiard tables or pool tables are kept to let for hire or to which the public resorts for the purpose of playing games of billiards or pool shall be deemed to be a public billiard room.

B. Any person desiring to keep a public billiard room shall pay to the recorder the sum of $10.00 per annum. All applications for such licenses shall be referred for approval to the council and shall specify the name of the proprietor of such proposed business, the place where such proposed business will be carried on, and the time for which the license is required. Thereupon, said council shall authorize the recorder to issue the license; provided, that no such license shall be granted to any person or persons convicted of any violation of this chapter within one year next preceding such application; and provided further, that no license shall be granted to any person unless the room and premises where such business is to be carried on shall comply with the provisions of this chapter. The license granted shall specify the location of the premises where the business is proposed to be carried on, and the license shall not authorize the carrying on of the business at any other location than that specified therein; but the council may, by resolution, authorize the granting of a new license for a new location for the unexpired term of the old license, upon the surrender of the old license, without requiring an additional license fee.

C. All businesses not regulated by the Oregon Liquor Control Commission operating public billiard rooms within the city shall be closed and kept closed between the hours of 12:00 midnight and 6:00 a.m. No proprietor of any public billiard room within the city where beer or light wines are sold shall permit any minor to play at or engage in any game of billiards or pool therein, nor to loiter about any such billiard room at any time. In all prosecutions for any violation of this section, it shall not be necessary for the city to show the knowledge of the principal, that is to say of the proprietor or proprietors of the public billiard room, to convict for the acts of an agent or servant. [Ord. 824 § 1, 1981; Ord. 221 § 11, 1939.]

5.05.120 Bowling alleys and shooting galleries.

The keeper or proprietor of any bowling alley or shooting gallery shall pay a quarterly license of $5.00 or an annual license of $15.00. [Ord. 221 § 12, 1939.]

5.05.130 Dance halls.

A. A “public dance hall” is defined for the purpose of this chapter to be any building, room, hall, pavilion, or other place within the city limits kept, maintained, or used for public dancing, or in which, for compensation paid directly or indirectly to the owner, proprietor, manager, lessee, or operator thereof, men and women are permitted to engage in dancing, or where any class is given instruction in dancing for hire.

B. It shall be unlawful for any dance hall, as defined in this section, to be used for dancing purposes until a license therefor has been obtained. All applications for such a license shall be made to the recorder and referred to the council for approval. The recorder shall issue a license to the owner, lessee, proprietor, manager, or operator of such hall only at the discretion of and upon order of the council. The license fee for dance halls shall be $5.00 per quarter.

C. Each license issued as herein provided shall be revocable at any time in the discretion and by order of the council.

D. Each license issued under the provisions of this section shall contain on its face the provision hereinbefore provided for revocation thereof, and provisions requiring that the dance hall be kept in a clean, healthful, and sanitary condition at all times; that clean and sanitary toilets shall be separately maintained for both men and women; that the dance hall and the stairways, passages, rooms, and places connecting therewith shall be open and well lighted; and that the owner, proprietor, manager, lessee, or operator of the dance hall shall maintain good order in said hall at all times. [Ord. 221 § 13, 1939.]

5.05.140 Skating rinks.

Skating rinks shall pay a quarterly license of $5.00 or $15.00 per annum. Every house, building, or place where roller skates are kept for use of the public whether for hire or without hire shall be deemed a skating rink within the meaning of this section. [Ord. 221 § 14, 1939.]

5.05.150 Theaters and shows.

A. No person, firm, or corporation shall operate any hall or building within the corporate limits of Junction City, Oregon, for the purpose of exhibiting therein any public shows, minstrel shows, dramatic shows, vaudeville shows, motion picture shows, musical comedies, operas, or other exhibition without first obtaining a license or permit therefor and paying the annual license fee hereinafter prescribed.

B. Any person, firm, or corporation desiring to operate a hall or building for the purposes set forth above shall make written application therefor to the recorder, which application shall set forth the location of said hall or building, the seating capacity thereof, and a statement that the applicant and his successors and assigns will comply with all the ordinances and regulations of the city relative to the construction and operation of the hall or building for the protection of the health and safety of its patrons.

C. No permit or license to operate such hall or building shall be granted until the application has been approved by the council after being referred to the fire and water committee of the common council for investigation and after that committee has reported that the same has been constructed in conformity with the ordinances of the city with respect to the protection of the health and safety of the patrons thereof.

D. The license fee for such permit or license shall be $10.00 per annum, payable in advance.

E. The council may revoke any licenses issued under the provisions of this chapter if it shall find, at any time, that the licensee has failed to comply with any of the ordinances or regulations of the city relative to the construction or operation of the hall or building with respect to the protection of the health and safety of the patrons thereof.

F. Before an exhibitor or exhibitors of any traveling public show, minstrel show, motion picture show, musical comedy, opera, or other troupe traveling from place to place and not already prohibited by law shall be allowed to exhibit, perform, or give any entertainment within the corporate limits for any price, gain, reward, or admission fee, he, they, or it shall apply to the recorder for a permit or license and shall pay the fee hereinafter provided for said license or permit; provided, that it shall not be necessary to obtain such license or permit when such exhibition, show, or entertainment proposed to be given shall be given within any hall or building which has been regularly licensed for theater or show purposes as hereinabove provided; provided further, that nothing in this section shall apply to local or home entertainment, or entertainments given for the benefit of the public schools or for religious or charitable purposes.

G. The license fees for such permit or license for such traveling exhibitions, shows or entertainments shall be $25.00 for the first day that the same shall give an exhibition or performance in the city and $10.00 per day for each and every day thereafter, payable in advance. [Ord. 221 § 17, 1939.]

5.05.160 Second hand dealers – Antique stores.

It shall be unlawful for any person, firm, or corporation to commence or continue as a part of its business the collection, purchase, exchange and sale of used articles without having first procured from the city a license so to do.

A. This section shall not apply to persons dealing in new or used automobiles, new or used farm implements and machinery, or to any business selling, buying or taking in trade used articles incidental to the sale of new articles or merchandise.

B. The requirements set forth herein shall apply to the owner, manager, operators, employees and agents of the licensed business. [Ord. 668 § 1, 1975; Ord. 221 § 23, 1939.]

5.05.170 Records.

Any person, firm, or corporation conducting its business under the business described under JCMC 5.05.160 shall comply with the provisions of this section.

A. A record of purchase form shall be completed at the time of purchase or acquisition of goods immediately upon delivery of said goods to the licensed business premises. The forms provided to the licensee shall be completed in a legible manner, providing all of the information called for on the form. The licensee shall keep them in an orderly manner, open for the inspection of and delivery to police officers upon their demand.

B. The city recorder is hereby authorized and directed to prepare record of purchase forms in tabulated form, to be filled out in ink by the herein described licensee, giving the following information which is necessary for the ready identification of all goods purchased or acquired by or through the licensed business: name of the business; date of the transaction; time of the transaction; name of the employee or owner transacting the business; amount to pay for the goods; a detailed description and quantity of each article, including but not limited to brand, name, color, model, and serial number; name and address of the seller; a physical description and birth date of the seller; reference to valid identification of the seller; and, the signature of the seller.

C. Said licensee shall require of those persons pawning or selling merchandise to sign the record of purchase form. [Ord. 668 § 1, 1975; Ord. 221 § 24, 1939.]

5.05.180 Restriction on purchases.

No purchase or acquisition of items subject to JCMC 5.05.160 may be made from any person under 18 years of age. No such purchase or acquisition may be made from any person incapable of intelligently dealing or under the influence of narcotic drugs or intoxicating liquor. [Ord. 668 § 1, 1975; Ord. 221 § 25, 1939.]

5.05.190 Restriction on sales.

All used goods purchased or acquired by the licensee shall be segregated in a manner as to permit their ready identification by the record required in JCMC 5.05.170 for a period of seven days after acquisition thereof. A police officer may at any time order the licensee to hold any goods for a period not to exceed 10 days when said police officer has a reasonable suspicion to believe the goods to be stolen. [Ord. 668 § 1, 1975; Ord. 221 § 26, 1939.]

Article III. Penalty

5.05.200 Penalty.

Any person violating JCMC 5.05.010 through 5.05.150 or any part of those sections shall upon conviction thereof be fined not less than $5.00 nor more than $100.00 for each offense. Each and every day of engaging in any trade or occupation in violation of this chapter shall be considered as a separate and distinct offense.

Any person violating JCMC 5.05.160 through 5.05.190 or any part of those sections shall be subject to a fine not to exceed $300.00. Further, as an additional penalty, the municipal judge is authorized to revoke the business license granted herein for up to one year, upon a finding of violation of JCMC 5.05.160 through 5.05.190, or knowingly supplying false information or the knowing falsification of any application or record required herein. The penalty set forth herein shall be civil in nature and proof of any violation need be only by a preponderance of the evidence. [Ord. 668 § 2, 1975; Ord. 221 § 20, 1939.]

5.05.210 Chief of police to prosecute.

It shall be the duty of the city chief of police, policeman, or night watchman to inform against and diligently prosecute all persons guilty of violations of this chapter or whom they may have reasonable cause to believe guilty of such violations. [Ord. 374, 1959; Ord. 221 § 21, 1939.]