06/26/1985 Meeting - Laserfiche WebLink

Home Browse Search

~ " applying does not have a prior conviction for (1) violation of any federal, state, or local gambling law or regulation; or (2) any felony involving theft, fraud, racketeering. coercion, bribery, perjury, or obstructing justice in e the preceding 10 years. C. Tax; and Limousine Services Taxi owners asked the City to continue to check the background of those driving cabs. While those records are available to individuals through both our Police Department and the State Justice Department, I would recommend that the City do those background checks and provide a certification card to individuals who meet the requirements of the UBP laws. Again, the certification card would not be a license, nor would it endorse the individual as an employee. The card would only certify that the person applying: (1) has a valid Oregon chauffeur's license; and (2) does not have a prior conviction for a crime or offense involving burglary, theft, narcotics, assualt, robbery, kidnapping, homicide, harrassment, vice, or a major traffic crime except driving while suspended, or a sex-related offense; if a felony within the preceding five years, and if a misdemeanor, within the preceding 2 years. A second questions was raised about the definition of a misdemeanor. A misdemeanor is defined in state law as an offense punishable by a fine not to exceed $2,500 and jail not to exceed one year. The proposed ordinance limits the types of misdemeanors that would preclude employment as a taxi or limousine driver to those involving burglary, theft, harrassment etc. D. Used Merchandise Dealers e The issue raised under this proposal concerned the inclusion of clothing in the definition of used merchandise dealer. After reviewing this concern, I propose deleting clothing as an article that ; s regulated by the used merchandise dealers laws. To address questions about who is considered to be in the used merchandise business versus a person who buys and sells as a hobby, we have clarified the definition of a dealer to mean anyone who is considered in business according to Section 162 of the Internal Revenue Code. This change will permit hobbyists to buy and sellon a weekly basis without coming under the the used merchandise dealers laws. E. Weapons On th i s subject, questions were raised about a potential conflict between federal laws and the proposed City laws. We have modified the language in our proposal to prevent any confusion between the two sets of laws. Federal law prohibits the sale of "firearms" to a minor, which is defined as anyone under 21 year of age. The City ordinance proposes limiting the sale of "dangerous weapons" to anyone under 18 years of age. Dangerous weapons include firearms as well as other types of weapons. which we specifically name in the proposed law. Another concern was the type of knives that were considered dangerous weapons. I recommend that the ordinance be changed to specify that any knife wi th a blade of five inches or greater. that also folds. be considered a dangerous e weapon. This means that merchants selling kitchen cutlery would not. be required to abide by the weapons laws. unless the knives are sharpened on both edges. With this change. we also recommend that swords be added to the list of dangerous weapons. since they are typically longer than five inches and dO not fold. -3-