As used in this Chapter, unless the context in which it is used clearly requires a different meaning, the words used herein shall have the following meaning:
"Owner"
shall have the same meaning as is set forth in RMC 9.02.005.
(Ord. 3201 § 1, 2005)
The procedures set forth in this Chapter apply to all denials, suspensions, revocations and appeals authorized or provided for in this Title 9, unless a different process is provided under a particular Chapter within this Title.
(Ord. 2970 § 1 (part), 1996)
In addition to any other criteria established in this Chapter or otherwise reasonably deemed necessary to accomplish the purpose of this Chapter, the City Recorder may deny any application for a registration certificate, license or permit if:
A. 
The applicant includes any false or misleading information in the application or if any requested information is omitted from the application;
B. 
The applicant is unable to provide proof of compliance with all relevant federal, state and local bonding and licensing requirements upon request;
C. 
The applicant or owner has previously owned or operated a business regulated by this Chapter and the business has been found to constitute a public nuisance and abatement has been ordered;
D. 
The applicant or owner has been convicted within the past seven years of any felony or of any misdemeanor relating to fraud or theft or any law or statute where the elements of such law or statute reasonably relate to the business activity to be conducted, unless the applicant demonstrates that the offense has no bearing on the applicant's fitness to undertake the licensed activity without endangering property or public health, safety or welfare.
E. 
The applicant is on a sex offender registry, or has a record of a felony conviction within the previous seven years, or a record of a conviction of any of the following: crimes involving driving under the influence of alcohol or controlled substances, sexual offenses, or crimes involving physical harm or attempted physical harm to a person, or a misdemeanor that relates to the manufacture or delivery of a CFR Schedule I or Schedule II controlled substance.
F. 
The operation as proposed by the applicant would not comply with all applicable requirements of the City including but not limited to the Roseburg Municipal Code, including Title 12; or
G. 
The applicant or owner has violated any applicable federal, state or local licensing or bonding requirements.
(Ord. 2970 § 1 (part), 1996; Ord. 3201 § 2, 2005; Ord. No. 3519, § 6, 2-11-2019; Ord. No. 3552, § 3, 3-8-2021)
A. 
The City Recorder may revoke any registration certificate, license or permit issued pursuant to this Title if the City Recorder finds that:
1. 
The holder or owner has violated the provisions constituting grounds for denial of a registration certificate, license or permit; or
2. 
The owner or holder of a registration certificate, license or permit fails to allow a lawful inspection of the business premises or records.
B. 
The City Recorder shall provide written notice of the revocation to the owner or holder of the certificate, permit or license. The written notice shall state the reason for revocation and shall inform the owner or holder of the certificate, permit or license of the right to appeal under Section 9.100.050.
C. 
The notice shall be given at least 15 days before the revocation becomes effective and shall state the date that the revocation becomes effective unless an appeal is filed before the revocation effective date in accordance with Section 9.100.050.
(Ord. 2970 § 1 (part), 1996; Ord. 3201 § 3, 2005)
A. 
Upon the determination that the conduct of a registered business owner, licensee or permittee creates a threat to life or property, the City Recorder may summarily suspend the registration certificate, license or permit. If the activities of the registered business owner, licensee or permittee cause any property to be or remain in the public way, the City Recorder may cause the property of the registered business owner, licensee or permittee to be removed from the public way and assess the costs of such removal to the registered business owner, licensee or permittee.
B. 
The suspension takes effect immediately upon notice of suspension being received by the holder of the certificate, license or permit, or being delivered to the business address as stated on the certificate, license or permit being suspended. Such notice shall state the reason for the suspension.
C. 
The City may continue the suspension as long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made under Section 9.100.050.
D. 
A summary suspension under this Section may be appealed by the registered business owner, licensee or permittee in the manner set forth in Section 9.100.050.
(Ord. 3201 § 4, 2005; Ord. No. 3552, § 3, 3-8-2021)
A. 
An applicant denied a registration certificate, license or permit, or a holder of a business registration certificate, license or permit that has received a notice of revocation or summary suspension shall have the right to appeal that action to the City Manager. A written appeal must be filed within 15 days after the date of the notice of the action. The written appeal filed with the City Manager must state the basis for the appeal and be accompanied by the filing and processing fee in an amount set by Council resolution. The fee shall be refunded if the action of the City Recorder is not affirmed or upheld.
B. 
If a notice of revocation of a business certificate, license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this paragraph, a summary suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.
C. 
Unless the appellant and City agree to a longer period of time, an appeal shall be heard by the City Manager within 30 days of receipt of the written appeal. The City Manager shall give the appellant and any other persons requesting the same, at least 10 days notice of the time and place of such hearing.
D. 
At the time and place set for the hearing upon the appeal from the action of the City Recorder, the City Manager shall give the appellant and any other interested party a reasonable opportunity to be heard. The City Manager shall hear and determine the appeal on the basis of the applicant's written appeal statement and any additional evidence the City Manager deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply. In all such cases, the burden of proof shall be upon the appellant.
E. 
The City Manager shall uphold, or modify and uphold, the City Recorder's action, or reverse the City Recorder's action and render a new decision in the matter consistent with the requirements of the application, registration certificate, permit or license in question. The decision of the City Manager shall be issued within 10 days of the hearing and shall be in writing and contain findings of fact and a determination of the issues presented. The decision of the City Manager shall be final.
(Ord. 3201 § 5, 2005)
In addition to any other penalty that may be imposed administratively or judicially for violation of this Title, in the event a business registration certificate, license or permit is revoked, no new registration certificate, license or permit shall be issued for three years to that person, to any partnership or association in which the person is a member or to any corporation of which the person is an officer.
(Ord. 3201 § 6, 2005)