HomeMy WebLinkAboutOrdinance No. 20058ORDINANCE No . 20058
AN ORDINANCE CONCERNING BUSINESS PRACTICES; AMENDING SECTIONS 3.005,
3.011, 3.030 , 3.041, 3.042 , 3.050 , 3.055 , 3.285 , 3.338 , 3.344 , 3.358 ,
3.874, 3.876 AND 4.990 OF THE EUGENE CODE, 1971; REPEALING SECTION 3.873
OF THAT CODE; RENUMBERING SECTIONS 3.882, 3.884, 3.586, 3.888 AND 3.890 TO
4.982 , 4.984 , 4.986 , 4.988 AND 4.989 OF THAT CODE ; AND ADD I NG A NEW
SECTION 4, 980 TO THAT CODE .
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.005 of the Eugene Code, 1971, i s amended by amending
the definition of "Occupied vending unit" set forth under "Outdoor vendi n on
g
Private Property; " by deleting the definition of "Board" and "Limited sol i d waste
col 1 ecti on 1 i cense" from the "Solid Waste and Recycling" definitions ; and by
deleting the defi n7 ti ons under "Towing" and "Used Merchandise Dealer" from the
Uniform Business Practices definitions, to provide:
3.005 Definitions . For the purposes of this chapter, the fol 1 owi ng words
and phrases shal 1 mean
Outdoor vendi na on Pr7 va.te Pragerty:
Occu i ed vendi n unit . A pushcart or other non -motorized
movable cart, stand, or device propel 1 ed, occupied by, or attached
to a vendor and uti 1 i zed to engage i n commerce .
Section 2 . Subsection ~ 1 } of Section 3.011 of the Eugene Code, 1971, i s
amended to provide
3.011 Business Licenses -Procedures Generally.
(1) The procedures and requirements of sections 3.015 to 3.075 of
this code apply to all licensees and applicants for licenses unless otherwise
provided.
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Section 3 . Section 3.030 of the Eugene Code , 1971, i s amended to provide :
3..030 Business Licenses -License Term and Renewal.
(1) A license shall be valid from the date of issuance for a period
specified on the license.
(2) An application for renewal of a license shall be submitted to
the city at least 30 days prior to its expiration date and shall be accompanied
by the required fee and other required documents.
(3) The city may impose conditions on the approval of a license.
(4) Any application for renewal submitted less than 30 days prior
to expiration shall be treated as a new application and must be accompanied by
the required application fee.
Section 4. Subsection (b) of Section 3.041 of the Eugene Code, 1971 is
amended , and a new Subsection ~ c } i s added thereto , to provide
3.441 Bus_ Hess Li ,,,,,., , , Requirements . In addition to any
other requirement of this chapter, each 1 i censee shall
~ b } Notify the city manager i n wri ti ng within 14 days of any
change i n material information, such as change of name, address ,
telephone number, employer, criminal history, location of office,
registered agent, and addition of vehicles . No new principal may
become involved i n a l i ceased business unti 1 an application farm i s
submitted to and approved by the city manager for that principal .
~f a new principal does became involved i n a busi Hess prior to
approval , the city manager may revoke the license pursuant to the
procedures in section 3.050.
~c} A 1 i censee may not advertise for business i n any name
other than the name for whi ch a 1 i cease i s held .
Section 5. Subsections (3) and (4) of Section 3.042 of the Eugene Code.
1971, are amended to provide
3.442 Business Licenses - Com 1 ai nts .
~3} Within ten days of receipt of a compl ai nt the city manager or
designee shal 1 indicate, i n writing, whether the city intends to pursue
enforcement action . The city's fai 1 ure to respond i n ten days shal 1 be
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deemed, for purposes of subsection ~4} hereof , a determi nati on not to pursue
enforcement action . If the city manager or designee timely i slues a wri tten
determination that the city intends to pursue enforcement action , the city
manager or designee may i slue a subsequent determination indicating that the city
no l anger intends to pursue enforcement action . Such a determi nati on shat 1 have
the same effect as an initial determination not to pursue enforcement action .
~4} If the city manager or designee determines under subsection ~3}
above not to pursue enforcement action , any person claiming to be aggrieved by
an alleged violation shall have a cause of action agai nst a responsi bl e person ,
i n any court of competent jurisdiction , for such equitable remedies as may be
appropriate . For purposes of this section , responsible person means the violator
and any licensee for wham the violator works i n either an independent contractor
or employee capacity .
Section 6. Subsection (1)(c)2 of Section 3.050 of the Eugene Code, 1971,
is amended, anew Subparagraph (g) is added thereto, and Subsection (2) is
amended , to provide
3.050 Business Licenses -Denial or Revocation of License.
(1) The city may deny or revoke a license upon finding that:
~ c } The applicant has vi of ated a 1 aw, i ncl udi ng a vi of ati on
which does not 1 ead to a conviction , unless the applicant
demonstrates to the satisfaction of the city manager that the
violation has no bearing on the applicant's fitness to undertake the
1 i tensed activity without endangering property or the public hea 1 th ,
safety or welfare. The city manager may consider as a basi s for
denial or revocation:
1. Only those vi o1 ati ons which would constitute
felonies , i f convi cted, which occurred within the preceding
ten years ;
2. Al 1 other vi o1 ati ons only i f they occurred wi thi n
the preceding three years .
(g) In addition to the requirements of this section,
security officers must meet the additional requirements of section
3.287 of this code.
(2) The city shall provide written notice to the applicant of a
denial or revocation. The notice shall state the reason for denial or revocation
and shall inform the applicant of the right to appeal under section 2.021 of this
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code.
Section 7. Subsections (2) and (3) of Section 3.055 of the Eugene Code.
1971, are amended to provide:
3.055 Business Licenses - Summar Sus ensi on .
(2) The suspension takes effect immediately upon notice of the
suspension being received by the licensee, or being delivered to the licensee's
business address as stated on the licensee's application for the license being
suspended. Such a notice shall state the reason for the suspension and inform
the licensee of the provisions for appeal under section 2.021.
(3) The city may continue a suspension as long as the reason for
the suspension exists or until a determination on appeal regarding the suspension
is made under section 2.021.
Sectian 8. Section 3.285 of the Eugene Code, 1971, is amended by adding
a new Subsection (3) thereto, to provide:
3.285 Securi tv Agenc~~„~L, cense Req„ui red .
~ 3 } The requirements imposed under sections 3.285 to 3.293 of thi s
code shat 1 terminate as of midnight, December 31, 1996.
Section 9. Subparagraph fie} of Section 3.338 of the Eugene Code, 1971, is
amended to provide
3.338 Private Commerce on Public Pro ert -License Re ui rements . In
addition to the requirements of section 3.041, each vendor desiring
to engage i n commerce not exempt under section 3.337 of this code shal 1:
(e) Sell only the items approved by the city;
Section 10. Subsection (2)(a)1. of Section 3.344 of the Eugene Code, 1971,
is amended, and Subsection (3)(c) of that Section is deleted and the current
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Subsection (3)(d) is relettered to (3)(c), to provide:
3.344 Private Commerce an Public Pro ert - S eci f i c Authorized
Activities.
~ 2 } Street vendor .
~a } A street vendor shat l
1. Sel 1, offer far sale, or distribute only the items
approved by the city
(3) Outdoor Cafes.
~ c } A permi t issued pursuant to section 3.341 of this code
may be temporarily suspended i f the public interest requires use of
the right of way for a publ i c event , construction , repair , ar any
other purpose.
Section 11. Section 3.358 of the Eugene Code, 1971, i s amended by adding
a new Subparagraph (c> thereto, to provide:
3.355 Dutdoor vendi n on Private Pro ert - Rul emaki n Powers of the Ci t
Marra er . The rules adopted under section Z . Ol9 concerning 1 i tenses
far outdoor vending on private property may address , but are not 1 i mi ted to, the
fol 1 owi ng areas
(c) Maximum dimensions and other safety features of an
occupied vending unit or vending equipment, including signs.
Section 1~. Section 3.873 of the Eugene Code, 1971 i s repealed, and
Sections 3.874 and 3.876 of that Code are amended, to provide
3.874 Social Gambling -Owner of Social Gamblina Premises. An owner of
asocial gambling premises shall:
(a) Clearly designate the areas set aside for social
gambling.
(b) Designate an agent or employee to act as person in
charge of a social gambling premises whenever social games are being
played. An owner shall be strictly liable for any violation of this
chapter which occurs when no person i n charge i s present at the
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social gambling premises.
(c) Be strictly liable for any violation of the provisions
of this chapter by a person in charge, agent, employee or designate.
3.876 Social Gamb1 i n -Res onsi bi 1 i ti es of owner and Person i n Char e,
An owner of a social gambling premises and any person i n charge
shall:
(a) Inform the city in writing within 24 hours of any
reasonable suspicion of improper play;
(b) Comply with all applicable federal, state and local laws
and regulations;
(c) Make all social gambling premises available to the city
for inspection upon request;
(d) Not permit improper play;
(e) Not cause or permit there to be a house bank, house
odds, house player, or house income from the operation of social
games;
(f) Not participate in social games while on the social
gambling premises;
(g) Not charge any participant in a social game a price for
any consumer good that is higher or lower than the price charged to
non-participants;
(h) Not accept any payment, fee, service or gratuity as
consideration for the participation in, or for the privilege of
participating in social games;
(i) Not permit social games to be played in any area which
cannot be observed from the main portion of the social gambling
premises:
(j) Not permit social games to be played in violation of the
rules adopted under this chapter;
(k) Not permit social games to be played unless the owner or
person in charge is actively supervising the play. The supervisor
shall not participate in any social game;
(1) Not permit disorderly persons on a social gambling
premises.
Section 13. Sections 3.88, 3.884, 3.886, and 3.888 of the Eugene Cade,
1971 are hereby renumbered 4.982, 4, 984, 4.986, and 4.988 respecti ve1y, and a new
Secti an 4, 980 i s added thereto, to provide:
Ordinance ~ 6
Tower
4.980 Towina__. - Defy, ni ti ons,,. As used i n sections 4.98 to 4.988, the
following words and phrases mean:
Connected connection . A orator vehi cl e
connection is accomplished when two wheels
motorcycle or motorbike} of the vehicle are el ev,
and the vehicle i s safely attached to a vehi cl e
business for transport,
Parki n~_ faci 1 i tX. Any parking faci 1 i ty as
is connected or a
~ one wheel i f a
~ted of f the ground
used in the towing
defined in section
5. ~1~ of this code .
Parkin faci 1 i t owner . The owner , operator or person i n
passession of a parking facility.
Towi nc~busi Hess . Includes engaging i n any of the fol 1 owi ng
acts
~ a } The towing or recovering of vehicles by any means
for any direct or indirect compensation when the vehicle being
towed or recovered is owned by a persan other than the person
performing the towing or recovering activity; or
tb} The towing or recovering by any means, as part of
any business operation of the person , vehicles that are
wrecked, damaged, disabled or abandoned, or replacement
vehicles ; but does not include providing assistance to another
motorist, whether or not compensation i s received, i f the
assistance i s not provided as part of the business operation
of the person providing the ass?stance.
vehi cl e o erator . Any person 1 awful ly i n possession of a
orator vehi c1 e which may include the aperator, 1 essee ~ owner or
holder of a securi ty interest .
4.982 Towina - Regulations.
(1) A parking facility owner shall not:
(a) Authorize the removal of a vehicle without first giving
notice of the intended removal to the Eugene Police Department.
(b) Receive direct or indirect compensation from a person
engaged in the towing business based on a per vehicle towed from the
parking facility without the vehicle operator's consent or on a
percentage of the fees collected upon redemption or sale of the
vehicle towed without the operator's consent.
(c) Upon reasonable demand of the operator of a vehicle
towed from a parking facility, fail to disclose:
1. The specific written or verbal authorization to a
ordinance - 7
towing business which allowed the vehicle to be removed from
the parking facility, the time the authorization was given,
and to whom it was given; and
2. The name, address and telephone number of the
place where the vehicle is stored.
(d) Violate any applicable federal, state, or local law or
regulation.
(2) Any person engaged in the towing business or the vehicle
storage business shall not:
(a) Directly or indirectly compensate a parking facility
owner, for the authority to tow vehicles from the parking facility
without the vehicle operator's consent based on a per vehicle towed
or on a percentage of the fees collected upon redemption or sale of
the vehicle.
(b) Charge for services not actually rendered.
(c) Charge fees for services rendered other than those
displayed in compliance with section 4.986 of this code.
(d) Before connection, and after a vehicle operator has
requested the release of a vehicle for its immediate removal, charge
or attempt to charge a vehicle operator for services rendered. This
provision does not apply to services performed at the request of a
vehicle operator or police officer.
(e) Continue to connect a motor vehicle after its operator
communicates a willingness to immediately remove the vehicle from
the parking facility.
(f) Tow a vehicle from a parking facility when the vehicle
operator is present and has communicated a willingness to pay just
and reasonable fees for the immediate release of the vehicle at the
location.
(g) Remove vehicles from a parking facility in less than
fifteen minutes after the vehicle operator has advised the tow
vehicle operator that (s)he is going to secure cash to pay the
charges to redeem the vehicle. The tow vehicle operator may remove
a vehicle from a parking facility in less than fifteen minutes if
remaining in the parking facility will impede others in the
authorized use of the parking facility and
1. The vehicle operator agrees to an alternate
waiting location, or
2. The tow vehicle operator has told the vehicle
operator where (s)he will wait reasonably proximate and
convenient to the parking facility.
(h) Refuse prompt access to impounded vehicles to remove
pets or prescription medicines or to remove money or identification
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for the purpose of redeeming the vehicle.
(i) Engage in conduct which prevents or discourages a
vehicle operator from being accompanied by a person or his or her
choice when seeking redemption of the vehicle.
(j) Prevent the vehicle operator from inspecting the vehicle
and its contents before redeeming the vehicle.
(k) Charge fees that are not just and reasonable for the
towing, care or storage of vehicles.
(1) Charge fees for services which increase based upon the
behavior of the person redeeming a vehicle.
(m) Require the vehicle operator, prior to inspection of the
vehicle, to sign a release or limitation of liability for the
benefit of the person engaged in the towing or vehicle storage
business.
(n) Refuse or fail to make change when cash in reasonable
denominations is tendered after demanding payment in cash.
(o) Fail to provide to the person redeeming a vehicle an
itemized bill for services according to the published rate schedule
required by section 4.986 of this code.
(p) Upon request fail to disclose within two business days:
1. The name and mailing address of the parking
facility owner that authorized the removal of the vehicle,
2. The date and time of each notice required by ORS
98.812, sections 4.980 to 4.988 of this code, or any
succeeding statute or ordinance.
(q) Violate any applicable federal, state, or local law or
regulation.
4.984 Towing - Removina Vehicle From Parkina Facility.
(1) Except as provided in subsection (2) of this section, it shall
be unlawful for any person to remove or direct the removal of a motor vehicle
from a parking facility without the vehicle operator's permission unless the
parking facility has permanently erected or affixed signs as provided in section
5.540 of this code.
(2) It is not a violation of this section to remove or direct the
removal of a motor vehicle when:
(a) It is ordered to be removed by a police officer or fire
officer performing his or her official duty;
(b) It violates subsections 5.240(1) or 5.240(2) of this
code;
C c } It i s parked i n an area cl ea r1 y designated "no parking" ;
or
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(d) It is abandoned.
4.986 Towin - Pastin Rate Schedules,
~ 1 ~ Persons engaged i n the vehicle storage or towing business shat 1
display at thei r pl ace of busi Hess a si gn containing the schedule of fees far al 1
towing, recovery, care, or storage services . The 1 etters and numbers on the sign
steal 1 be machine or block 1 ettered and readable from the areas of the business
open to the public .
~ 2 7 When towing vehicles from parking faci 1 i ti es there sha 11 be
di sp1 ayed on the taw vehicle i n a manner easily read from outside the tow
vehicle, the schedule of fees for towing and disconnecting services . The sign
sha11 also declare no fee steal 1 be charged prior to connection , The 1 etters and
numerals on the sign steal 1 be machine or block 1 ettered and readable from a
distance of ~0 feet .
~ 3 ~ Persons engaged i n the vehicle storage or towing business steal 1
deliver to the city manager a schedule reflecting the fees charged for all
towing, recovery, care or storage services, steal 1 provide to the city manager 15
days advance written notice of any proposed changes to those fees, and shall not
charge any fee other than as reflected on the schedule on fi 1 e with the city
manager.
4.988 Towing - Dis.p~a of Rates.
~ 17 Persons engaged i n the business of operating tow cars for hire
sha11 display inside their place of busi Hess a si gn containing the schedule of
rates for all tow car services and vehicle storage. The 1 etters and numerals on
the sign steal 1 be machine or block 1 ettered and readable from the areas of the
business open to the public.
~2) Taw cars when used to remove motor vehicles from parking
faci 1 i ti es as defined i n section 5.540 of this code steal 1 have displayed on the
tow car i n a manner eas i 1 y read from outside the tow car , the schedule of rates
far impounding and di sconnecti ng a motor vehicle . The sign steal 1 also declare
no fee steal 1 be charged i f the operator of the motor vehicle returns to the motor
vehicle before i t i s connected to the tow car . The 1 etters and numera 1 s on the
sign steal 1 be machine or block 1 ettered and readable from a di stance of 20 feet .
Section 14 . Section 3.890 of the Eugene Code, 1971, i s hereby renumbered
4.989 , and amended to provide
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Used Merchandise Dealer
4.989 Used Merchandise Dealer - Req,ui rements
(~ } As used i n this section , the fol 1 owi ng wards and phrases mean ;
~a} P~~er identification. A document issued by a city,
county, state or federal government which bears a photograph and the
signature of the person to wham i t was issued .
~ b } Purchase . The buying , exchanging , transferring ,
col 1 ecti ng, consigning or otherwise acquiring of articles from
another person not a used merchandise dealer, for resale, exchange
or transfer by the purchaser.
~ c } Used merchandise dea 1 er , Any person , or employee of any
person who, as al 1 or part of a busi Hess
1. Purchases or sel 1 s used articles ; or
2 . Wrecks , dismantles or di sassembl es a used vehi c1 e
and offers for sale the components thereof ; or
3 . Lends money on security of used articles , except
a person dealing exclusively in whole automobiles, books,
clothing , furniture, electrical appliances , or farm implements
and machinery; a person who purchases or sells used articles
for four days or 1 ess i n a si x month period; or a nonprofi t
corporation or assaci ati on that sel 1 s or otherwise exchanges
only donated articles . For purposes of this section ,
"business" shal 1 have the meaning attributed to the term i n 26
USC Section 16~, i nc1 udi ng but not 1 i mi ted to any regul arty
conducted activity directed toward the production of income ar
a 1 i vel i hood , or any activity for whi ch a federa 1 income tax
deduction was taken under 26 USC Section 16~ within the
preceding three years .
~2} A used merchandise dealer shall
~a} Record at the time of purchase an accurate description
of each article purchased by the dealer and the proper
identification of the person from whom the purchase was made;
~ b) Record a 11 purchases made by the dealer i n type ar ink
and i n duplicate on forms obtained from the city, and have a copy of
each record avai 1 abl e for regular pick-up by the city;
~c} Maintain records i n an orderly manner at hi slher place
of business;
Cd} Make al 1 records and all arti c1 es purchased avai 1 abl e
for inspection by the city upon request ;
te} Segregate articles purchased by the dealer to permi t
their identification from the records kept.
~3} A used merchandise dealer shall not:
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~ a } Alter , se11 or dispose of any property purchased by the
dealer for seven days after the date of purchase during which the
dealer i s open for business to the public;
fib} Sell , exchange, dismantle, alter i n any manner, or
otherwise dispose of articles purchased by the dealer when
prohibited from doing so by the city i n writing, and unti 1 notified
otherwise by the city i n writing ;
~ c } Purchase from a person under the age of 18 years
unaccompanied by a pa rent or guardian ;
~d} Purchase from a person who i s incapacitated as defined
by ORS 126.4434} or wha i s under the influence of drugs or
intoxicating 1 i quor;
te} Purchase property which has had its serial number
obliterated , defaced , removed or otherwise a 1 tered .
~ f } Comply with all applicable federal , state, and 1 ocal
laws and regulations.
Section l5 . Subsection C 1 } of Section 4.994 of the Eugene Code , 1971, i s
amended by adding i n numerical order therein the fol 1 owi ng :
4.994 Penalties - ,S,p,ecific.
~ 1 } violation of the fol 1 owi ng sections i s punishable by fine ar
confinement i n jail , or both, up to the amounts indicated opposite each
4.980 to 4.989 X544 fine or imposition of
administrative ci vi 1 penalty
pursuant to section ~, 418
Section 16. Sections 3.285, 3.287, 3.288, 3.289, 3.291, 3.292, and 3.293
of the Eugene Code , 1971, are repea 1 ed , effective midnight , December 31, 1996 .
Section 17 . The City Recorder , at the request of , or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein or i n other provisions of the Eugene Code, 1971, to the
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provisions added, amended or repealed herein,
Passed by the City Counci 1 thi s
9th ay of September, 1996
Gam- ~ J~
City Record
Approved by the Mayor this
9th day of September , 1996
Mayor
Ordinance - I3