7.10.059 Suspension or revocation of permit.
A. The police chief may suspend or revoke an issued permit if the police chief has probable cause to believe any of the following conditions exist:
1. The licensee, or any person who owns, manages or operates the secondhand business, within the prior five years:
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 licensee, or any person who owns, manages or operates the secondhand business, has been convicted of a felony or any crime involving a false statement or dishonesty within the prior 15 years.
3. The licensee, or any person who owns, manages or operates the business, unjustifiably refused the police chief to lawfully inspect the secondhand business premises.
4. The licensee, the secondhand business, 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.
5. 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.
6. The licensee or any person who owns, manages, or operates the secondhand business was convicted of a crime that was connected with the operation of the secondhand business.
7. A lawful inspection under BC 7.10.055 has been refused.
B. The police chief may choose to not suspend or revoke a secondhand dealer permit despite grounds for suspension or revocation if the police chief concludes that the applicant has established more likely than not that the basis for suspension or revocation:
1. Is unlikely to recur;
2. Is remote in time; or
3. Is not reasonably related to the purpose of this chapter.
C. If the police chief orders the revocation of an issued secondhand dealer permit, the revocation procedures shall be conducted according to BC 2.05.050 through 2.05.066. The term “revocation” as found in BC 2.05.050 through 2.05.066 shall be interpreted for the purpose of this chapter to mean revocation of a secondhand dealer permit. The term “licensee” as found in BC 2.05.050 through 2.05.066 shall be interpreted for the purpose of this chapter to mean the secondhand dealer.
D. If the police chief revokes an issued permit of a secondhand dealer, no part of the secondhand dealer permit fee shall be refunded to the secondhand dealer. [BC 7.10.059, added by Ordinance No. 4749, 1/8/19]