7.10.035 Issuance and renewal of permit.
A. The police chief shall review the application after the applicant has submitted a completed application and paid the fee as required under BC 7.10.025. The scope of the police chief’s review may include any matter reasonably related to the standards and criteria set forth in this chapter or state law relating to the issuance of the type of secondhand dealer permit for which a person has applied. The police chief may conduct criminal history background checks in conjunction with the review. If no grounds for denial exist, the police chief shall issue a secondhand dealer permit within 90 days of receiving the application.
B. Except as provided in subsection C of this section, the police chief shall deny an application for a permit if the police chief has probable cause to believe any of the following conditions exist:
1. The applicant, or any person who owns or will help manage or operate the secondhand business, has owned or operated a secondhand business regulated under this chapter or any substantially similar ordinance and, within the five years prior to the application date:
a. Has had a secondhand business permit revoked for a reason that would be grounds for a denial or revocation pursuant to this chapter; or
b. The secondhand business has been found to constitute a public nuisance.
2. The applicant, or any person who owns or will help manage or operate the secondhand business, has been convicted of a felony or any crime involving a false statement or dishonesty within 15 years prior to the application date.
3. The applicant has:
a. Knowingly made a false statement in the application;
b. Knowingly omitted information requested to be disclosed in the application; or
c. Completed the application with reckless disregard for the truth or accuracy of the statements made therein.
4. A person who owns, manages or operates the business unjustifiably refused the police chief from lawfully inspecting the secondhand business premises.
5. The secondhand business, the applicant, or any person who owns, manages or operates the secondhand business has committed more than 10 violations of this chapter, the Beaverton Code, any state or federal law, or any combination thereof within the prior 24 months.
6. There is clear and convincing evidence of substantially more criminal activity within 500 feet of the secondhand business as compared to other similar businesses located in the City.
C. Notwithstanding the requirements of subsection B of this section, the police chief may grant a secondhand dealer permit despite grounds for denial if the police chief concludes that the applicant has established more likely than not that the basis for denial:
1. Is unlikely to recur;
2. Is remote in time; or
3. Is not reasonably related to the purpose of this chapter.
D. If the police chief approves an application for a secondhand dealer permit, a permit shall be issued in the name of the secondhand business for the physical location specified by the applicant in the application form. The secondhand dealer permit is to be nontransferable and valid for one year from the date of issue. The permit shall be clearly displayed at the secondhand business in a manner readily visible to the secondhand business’s patrons.
E. If the police chief denies an application for a secondhand dealer permit, the police chief shall give the applicant written notice of the denial and refund half the fee paid for the permit to the applicant. [BC 7.10.035, added by Ordinance No. 3774, 6/24/91; amended by Ordinance No. 4749, 1/8/19]