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)
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)