Chapter 5.40
REGULATION OF TRANSIENT BUSINESS
Sections:
5.40.030 Transient business license applications.
5.40.050 License – Approval process.
5.40.070 License – Nontransferable.
5.40.080 Grounds for revocation.
5.40.120 License – Reissuance.
5.40.010 Purpose.
The purpose of this chapter is to provide minimum standards to protect the health, safety, welfare and economic development of the city and its residents, as well as that of the patrons and employees of transient businesses. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.020 Definitions.
As used in this chapter, except where the context otherwise indicates, the following definitions apply:
A. “City” means the city of Silverton.
B. “City manager” means the Silverton city manager or his/her designee.
C. “Council” means the Silverton city council.
D. “License” means the city’s permission granted to engage in a transient business regulated by this chapter.
E. “Licensee” means a person who has a valid license issued pursuant to this chapter.
F. “Person” means every natural person, corporation, partnership, association or any other group acting as a unit.
G. “Posted” means the placing of a clearly readable sign or placard in English stating “No Solicitors” or “No Solicitation” readily visible to any person attempting to enter the property from the nearest street or public sidewalk.
H. “Principal” means a person who would be directly involved in the management or operation of the transient business.
I. “Sales” means the act of selling involving the transfer of money.
J. “Transient business” means any person selling goods, wares, services or merchandise at a fixed temporary location or door-to-door on public or private property or otherwise conducts business for a fixed temporary period of time regardless of whether they associate temporarily with any local dealer, trader, merchant or auctioneer or by conducting such temporary business in connection with or as a part of or in the name of any local dealer, trader, merchant, or auctioneer.
K. “Valid license” means a license issued pursuant to this chapter, and which license’s effective period has not expired. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.030 Transient business license applications.
A. Applications for transient business licenses shall be submitted on forms provided by the city. Every application shall be signed by the owner or authorized agent and shall contain the following information, as applicable:
1. Name of person or persons owning the business; if a corporation, the name of an authorized officer.
2. Assumed business name, business phone number and alternative phone number.
3. Business mailing address and owner mailing address.
4. Nature of the business.
5. Number of employees.
6. Emergency contact name and phone number.
7. Name of all persons conducting business within the city.
8. Photo identification of each person conducting business within the city.
9. Proof of the applicant’s possession of all permits, certificates or registrations required by city, county, state or federal laws to conduct the type of business listed on the application.
10. For transient businesses conducting door-to-door business, a signed authorization to conduct a criminal background check for each person conducting business within the city.
11. For transient businesses located at a fixed location, the following information shall be provided:
a. Site plan of the area where the business and/or structure will be located clearly showing impacted parking spaces, necessary driving lanes, utility pole locations, nearby buildings and sidewalks.
b. Proof of compliance with all applicable building and fire codes.
c. If food or beverages are to be sold applicant shall provide a copy of the applicable food handler’s license from Marion County.
d. If on private property, a letter of authorization from the property owner or copy of lease agreement.
e. Manner in which public water will be provided.
f. Provisions or arrangements for bathroom facilities for employees. Approval of a transient business will be exempt from SMC 13.12.010.
g. Consistency with the underlying zone designation.
h. If the transient business has the potential to impact publicly owned lands or facilities (e.g., street, sidewalk, park, water, sewer, drainage, etc.), a $5,000 bond or other financial security shall be required to ensure clean-up, restoration, and/or replacement of said public land or facility. The city manager may increase the amount of the bond or financial security based on the application information.
B. A person shall apply for a transient business license at least 10 days before conducting business in the city.
C. A transient business license shall expire no later than 90 days of the date the license was issued.
D. Where the business includes activities classifiable in two or more categories, the primary or predominant activity should be designated. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.040 General provisions.
A. Transient merchants conducting business by going door-to-door may do so only between the hours of 9:00 a.m. to 8:00 p.m.
B. A person who enters private property with a posted and clearly visible “No Solicitation,” “No Trespassing,” or similar sign is subject to prosecution for criminal trespass, regardless of whether the purpose for entry was to engage in business or otherwise and regardless of the hour at which the solicitation took place.
C. The general penalty provisions of Chapter 1.08 SMC shall apply for any violations of this chapter.
D. All transient business employees shall display a copy of the city-issued business license with photo identification while conducting business within the city limits.
E. All transient business license holders shall provide proof of the applicant’s possession of any permits, certificates, or registrations that are required by city, county, state or federal laws to conduct the type of business listed on the application.
F. Transient business licenses shall be limited to the business and employees specified within the license application and valid only to permit the specified employees to undertake the activities for which the license was issued.
G. Transient businesses must obtain a business license and pay the related fees. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.050 License – Approval process.
A. The city manager shall refer each application to the appropriate departments for review. Review of the application shall be based on consideration of all available evidence as to whether the proposed business will meet the requirements of the city code. The license may not be granted if:
1. The activity to be licensed would not comply with city ordinances or state or federal laws.
2. The licensed activity would endanger property or the public’s health or safety. Sale of illegal items, firearms, or other concealed weapons is not regulated by this chapter.
3. The applicant’s violation of law or ordinance represents a reasonable doubt about the applicant’s ability to perform the licensed activity without endangering property or the public’s health or safety.
4. The applicant fails to supply the information required, or submits misleading or false information, or submitted misleading or false information on a previous application.
B. Upon a favorable recommendation from each department, the city manager shall approve, approve with conditions, or deny an application. Action on an application shall be based upon the consideration of all available information. If it is determined that the application is denied, the city manager shall notify the applicant of the denial and the reason for denial.
C. An application may be denied on any of the following grounds:
1. Failure to provide requested information or any false, misleading or incomplete material statement made on the application form; however, if the statement is the result of excusable neglect, the applicant may resubmit an application with appropriate corrections;
2. The applicant, a principal or the business activity fails to meet the requirements of this code or is doing business in violation of this code or applicable state or federal law, including the building, health, mechanical, electrical, plumbing, and development codes of the city;
3. The applicant, a principal or the business activity would violate, or has violated, any ordinance or the charter of the city, any state or federal criminal statute, or any other law, unless the applicant proves that the violation has no bearing on the applicant’s fitness or the ability of the business to undertake the licensed activity without endangering persons or property or the public health, safety or welfare;
4. The business activity would endanger, or has endangered, persons or property, such that the business activity is a menace to the health, safety and general welfare of the city.
D. The city manager shall notify the applicant in writing of a decision to deny an application made under subsection (A) of this section. The written notice shall state the reason for the decision and explain that the decision is final unless either the applicant or council files a notice of appeal pursuant to SMC 5.40.100. The written notice shall also be provided to the council.
E. If the license is approved or approved with conditions, the city manager shall issue a license to the applicant.
F. Upon issuance of a business license, the license shall be valid only to permit the activities for which the license was issued. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.060 License – Renewal.
A. An application for renewal of a license shall be made and processed in the same manner as an initial application.
B. License renewal fees shall be deemed delinquent if not paid on or before 30 days after the due date. Whenever a license renewal fee is not paid within 30 days of the due date, a late fee shall be imposed and the license will be invalid until full payment is received by the city. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.070 License – Nontransferable.
A license issued pursuant to this chapter is a personal privilege and is not transferable. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.080 Grounds for revocation.
A. The city manager may revoke a license if he/she determines that a licensee is conducting or has conducted an activity which endangers the public health, safety, or welfare of the city.
B. The notice of revocation shall be sent to the licensee at least 30 days before the effective date of the revocation. The notice of revocation shall state the grounds for revocation and inform the licensee of the provisions for appeal. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.090 Appeal.
A. An applicant whose application has been conditioned or denied or a licensee receiving a notice of revocation may file a written notice of appeal with the city manager. The notice of appeal must be filed within 10 calendar days after the notice of denial, revocation or conditional approval is mailed or delivered, whichever is earlier. The notice of appeal shall include:
1. The name and address of the appellant, and the business owner if different than the appellant;
2. The nature of the determination from which an appeal is taken and a copy of the determination;
3. The reason or reasons why the determination is alleged to be incorrect;
4. What the correct determination should be; and
5. An appeal fee in the amount set by resolution of the council.
B. The council, on its own motion, may review a city manager decision of denial, conditions, approval or revocation. The council shall direct the filing of a notice of appeal which notice shall be filed no later than 10 days after the city manager’s decision was mailed. The notice of appeal shall be sent to the applicant, and state the time and place at which the council will review the decision and the reason or reasons for review.
C. The council shall designate a time to hear the appeal and appellant shall be given notice of the time, date and place at least 20 days in advance of the hearing.
D. Failure of the applicant or licensee to file an appeal with the city manager within the time provided constitutes a waiver of objections to the notice of suspension, revocation, denial or approval with conditions.
E. Filing a notice of appeal stays the effective date of revocation until a final determination is made by the council. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.100 Appeal – Hearing.
A. A hearing on appeal to the council pursuant to SMC 5.40.090 affords the licensee or applicant, the city manager and other interested parties the opportunity to give testimony and written materials to the council.
B. The council may affirm, modify, remand or reverse the city manager’s decision. The council shall provide the licensee or applicant with written notice of its decision. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.120 License – Reissuance.
When a license has been revoked and the licensee or principal of the licensee reapplies for a license, a bond in the penal sum deemed necessary under the circumstances (not to exceed $10,000) shall be filed with the city recorder. This bond shall be required for the term of the license and shall be forfeited to the city if the licensee is convicted of any violation of federal, state or city laws or ordinances for which such license may be revoked. (Ord. 15-08 § 2 (Exh. B), 2015)
5.40.130 Violation – Penalty.
Any person violating any of the provisions of this chapter is subject to the general penalties provision of SMC 1.08.010. A separate offense shall be deemed committed for each day a violation occurs. (Ord. 15-08 § 2 (Exh. B), 2015)