AN ORDINANCE ADOPTING TITLE 8, BUSINESS REGULATIONS, OF THE YAMHILL MUNICIPAL CODE; ADOPTING RULES AND REGULATIONS PERTAINING TO BUSINESSES WITHIN THE CITY OF YAMHILL, SUPERSEDING PREVIOUS ORDINANCES, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 8, Business Regulations, as follows:

Chapters:

8.04 Business Licenses

8.08 Soliciting Regulations

8.12 General Regulations

Sections:

8.04.010 Business Licenses Required
8.04.020 Structures Must Conform to Uniform Building Code
8.04.030 Compliance with General Regulations

8.04.010 Business Licenses Required. Any person wishing to conduct business in the City of Yamhill must obtain an annual Business License and comply with the following regulations:

A.) Pay an annual license fee. The fee to be determined by resolution set forth by the City Council.

B.) Fees will be due and payable July 1st of each year.

C.) Application for license must be submitted, with fees, to City Hall prior to July 1st of each calendar year. Applications will contain:

(1) Business name

(2) Business address

(3) Business phone number

(4) Emergency phone number

(5) Owner(s) name(s)

(6) Type of business

(7) Zoning

(8) Inspection by Building Official/Public Works Superintendent (Ord. 388, §1, 1988)

8.04.020 Structures Must Conform to Uniform Building Code.

A.) Structures housing any business must conform to the Uniform Building Code in order for a license to be issued.

B.) Business owners now operating in the City of Yamhill will be grandfathered until such time as the business is sold. At that time the structure must conform to the Uniform Building Code. (Ord. 388, §2, 1988)

8.04.030 Compliance with General Licensing Regulations. Applicants for an annual Business License in the City of Yamhill shall abide/comply with all General Business Regulations as contained in Chapter 8.12, General Regulations.

Sections:

8.08.010 Definitions
8.08.020 Licenses-Required
8.08.030 Compliance with General Regulations

8.08.010 Definitions. For the purposes of this Chapter, the following words and phrases mean:

"Bartering" the act of a person who seeks to trade goods or services without the exchange of money.

"Canvassing" the act of a person who approaches another person with the purpose to solicit votes, orders, subscriptions, or the like; or to conduct a survey on a given subject.

"Hawking" the act of a person who solicits business and/or sells wares by calling at private houses or businesses.

"Itinerant Merchant" one who carries goods, wares, or merchandise from place to place, or from house to house, selling or offering the same for sale generally, or one who brings a stock of goods, wares, merchandise or musical instruments into the City, and who sells or offers to sell the same at retain without making the same a permanent and continuous business within the City, or who advertises that he is bringing to the City for sale any bankrupt stock of goods, wares , or merchandise.

"Peddling" the act of a person to travel about selling a trade, service or wares without the intention of establishing a permanent residence, domicile, or place of business within the City.

"Soliciting" the act of a person who seeks trade, advertising, contributions, magazine subscriptions, candy sales, or the like, by persuasion, entreaty, or formal application. (Ord. 376, §3, 1986)

8.08.020 Licenses-Required. No person shall engage in an activity included in this Chapter without first obtaining a license therefor from the City Recorder. The term of a license shall be one day unless otherwise indicated. A person engaged in carrying on two or more businesses shall pay the license fee required for each of them. The daily fee for each business shall be as follows:

A.) Auctions $ 30.00 per day

B.) Bartering 25.00 per day

C.) Canvassing 25.00 per day

D.) Carnival/Circuses 50.00 per day

E.) Hawking 25.00 per day

F.) Itinerant Merchant 25.00 per day

G.) Peddling 25.00 per day

H.) Soliciting 25.00 per day (Ord. 376, §4, 1986)

8.08.030 Compliance with General Licensing Regulations. Applicants for an annual Business License in the City of Yamhill shall abide/comply with all General Business Regulations as contained in Chapter 8.12, General Regulations.

Sections:

8.12.010 Entry on Private Property Prohibited
8.12.020 Exception to Private Property Prohibition
8.12.030 Licenses-Fees
8.12.040 Licenses-Application Requirements
8.12.050 Licenses-Application Review
8.12.060 Licenses-Applicant to Supply Information
8.12.070 Licenses-Review Board
8.12.080 Licenses-Issuance
8.12.090 Licenses-Denial of Application
8.12.100 Licenses-Suspension
8.12.110 Licenses-Appeals
8.12.120 Licenses-Transfer or Assignment
8.12.130 Enforcement
8.12.140 Penalty
8.12.150 Severability Clause

8.12.010 Entry on Private Property Prohibited. The practice of going upon private property or calling at residences within the City of Yamhill, Oregon, by solicitors, canvassers, peddlers, hawkers, barterers, itinerant merchants, and/or transient vendors of merchandise or service, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private property or residents, for the purpose of soliciting orders for the sale of goods, wares, merchandise, service, or any other article or thing, and/or for the purpose of disposing of and/or peddling, hawking, or bartering the same, or for stopping in streets or byways within said City for such purpose, is hereby prohibited without a license and is declared to be a nuisance, and, as such nuisance to be punishable as a misdemeanor. (Ord. 376, §1, 1986)

8.12.020 Exception to Private Property Prohibition. The provisions of Section 8.12.010 of this Chapter shall not apply to or be enforced against sales and/or soliciting or orders for the sale of farm products produced or raised by the owner or operator of the farm upon which it was produced or raised and which farm is located adjacent or reasonably near to the City of Yamhill; nor shall they apply to the soliciting of funds or commodities by our public schools, or by authorized representatives of the Red Cross, the Salvation Army, the March of Dimes, Boy Scouts, Girl Scouts, Christmas seal sales, or other recognized charitable organizations, which representatives shall first register with the City Recorder and/or Police Chief, providing their name, address, the name and address of the organization they represent, and the length of duration of the organizations soliciting of funds or commodities. (Ord. 376, §2, 1986)

8.12.030 Licenses-Fees.

A.) Applications for licenses required by this Title, shall be accompanied by the fees. In the event that a license application is denied, the fee which accompanied the applications shall be refunded. No refund shall be made of any portion of a license fee because of suspension, revocation, or non-use.

B.) There shall be no pro-ration for partially utilized licenses. (Ord. 376, §5, 1986)

8.12.040 Licenses-Application Requirements. Application for all licenses required by this Chapter shall be made to the City Recorder on forms prescribed by the Recorder. The application forms shall provide for information necessary to determine the identity and address of the applicant and of the owner of any business, activity or device to be licensed and shall provide for such other information as to make a review under Section 8.12.050 possible. The application shall be signed by the applicant. (Ord. 376, §6, 1986)

8.12.050 Licenses-Application Review. The City Recorder shall refer each application to any persons, departments or agencies designated by this Chapter to review it. When an application is submitted for a business which is of a nature not previously licenses in the City, the City Recorder shall forward the application to the Council for review. In reviewing the qualifications of an applications, the following shall be considered when appropriate:

A.) Conformity of the proposed activity or device with this Chapter and with State and Federal law.

B.) Applicant's ability to perform a licensed activity which requires special knowledge or skill.

C.) Financial responsibility of applicant to protect against losses to members of the public resulting from the licensed activity.

D.) Unreasonable dangers to public health, safety, or property which may result from the proposed activity or device.

E.) Past violations of laws or ordinances.

F.) Other considerations specifically required by this Chapter. (Ord. 376, §7, 1986)

8.12.060 Licenses-Applicant to Supply Information. The persons, departments, agencies, and boards and commissions designated to review license applications may require the applicant to supply information necessary to determine the applicant's qualifications in accordance with Section 8.12.050. (Ord. 376, §8, 1986)

8.12.070 Licenses-Review Board. Any person believing his license fee to be inequitable may petition to the City Council to reconsider and make appropriate recommendations. (Ord. 376, §9, 1986)

8.12.080 Licenses-Issuance. After receipt of reports from all persons, departments, and agencies designated to review an application, the City Recorder shall determine whether the applicant qualifies for issuance of a license. If the applicant so qualified, the Recorder shall issue the license. (Ord. 376, §10, 1986)

8.12.090 Licenses-Denial of Application. If, on the basis of the application review under Section 8.12.050, the City Recorder determines that the applicant does not qualify for the issuance of a license, the recorder shall notify the applicant in writing that the application has been denied. The notice shall state the reason for denial and inform the applicant of the provisions of this Chapter providing the appeal to the City Council. (Ord. 376, §11, 1986)

8.12.100 Licenses-Suspension. Upon a determination that a licensed activity or device presents an immediate danger to life, limb, or property, the City Recorder may suspend a license at once. The suspension shall take effect immediately upon notice being received by the licensee. In addition to any other form of Notice employed, a notice shall be mailed to the licensee which shall state the reason for suspension and inform the licensee of the provisions of this Chapter providing for his right of appeal to the Council. The Recorder may continue a suspension so long as the reason for the suspension exists or until other disposition is made by the City Council. (Ord. 376, §12, 1986)

8.12.110 Licenses-Appeals. An applicant whose application has been denied, or a licensee whose license has been suspended, shall have 10 days from the date notice of denial or suspension is mailed to appeal to the Council. An appeal shall be made by delivery of a notice of appeal to the City Recorder. The Recorder shall notify the appellant of the time and place at which the Council will hear the appeal. The decision of the Council shall be final. (Ord. 376, §13, 1986)

8.12.120 Licenses-Transfer or Assignment. No transfer of assignment of any license issued shall be valid or permitted. (Ord. 376, §14, 1986)

8.12.130 Enforcement. The City Recorder/Chief of Police of the City of Yamhill is hereby directed and required to abate and suppress any such nuisance as is described in this Title. (Ord. 376, §15, 1986)

8.12.140 Penalty. Any person convicted of perpetrating a nuisance through violation of the provisions of this Title shall, upon conviction thereof before the court, be punishable by a fine of not to exceed $500.00, imprisonment in jail for not to exceed 20 days, or by both such fine and imprisonment in the discretion of the Court. (Ord. 376, §16, 1986)

8.12.150 Severability Clause. All provisions of this Title are severable. It being the intent of the City Council to enact this Title, notwithstanding any parts declared invalid or unconstitutional, if any section, subsection, paragraph, or provision of this Title is so declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect or invalidate the remaining portions of this Title. (Ord. 376, §17, 1986)

SECTION 2. This Ordinance hereby supersedes the Ordinance Numbers 376, and 388. Any other ordinances or parts of ordinances dealing with the establishment and enforcement of Business Regulations, of the City of Yamhill, that are in conflict herewith, are hereby repealed.

SECTION 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference (by city personnel, as well as any citizen and/or building program applicant); uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 8th day of April , 1998.