TITLE 5 - Index

CHAPTER 5.04 - BUSINESS AND OCCUPATION TAXES

(Repealed by Ord. 1825, 2002)

CHAPTER 5.07 - TRANSIENT MERCHANTS AND SPECIAL EVENTS
5.07.010   Title
5.07.020   Purpose and Scope
5.07.030   Definitions
5.07.040   License - Required - Fees
5.07.050   License - Application - Standards and Limitations
5.08.060   Application Process - Issuance - Appeal
5.07.070   Display of License
5.07.080   Removal of Structures
5.07.090   Penalty - Hold Harmless and Indemnification

CHAPTER 5.09 - HOTEL TAX
5.09.010 Title
5.09.020 Definitions
5.09.030 Tax imposed
5.09.040 Collection of tax by operator--Rules for collection
5.09.050 Operator's duties
5.09.060 Exemptions
5.09.070 Registration of operator--Form and contents-- Execution--Certification of authority
5.09.080 Due date--Returns and Payments
5.09.090 Penalties and interest
5.09.100 Deficiency determinations--Fraud--Evasion-- Operator delay
5.09.110 Redeterminations
5.09.120 Security for collection of tax
5.09.130 Lien
5.09.140 Refunds
5.09.150 Collection fee
5.09.160 Administration
5.09.170 Appeals to city council
5.09.180 Severability
5.09.190 Violations
5.09.200 Penalties

CHAPTER 5.10 - SHORT-TERM RENTAL OPERATING LICENSE 

5.10.010 Title. 
5.10.020 Purpose and Scope.
5.10.030 Definitions.
5.10.040 Annual Short-term Rental Operating License Required.
5.10.050 Application and Fee.
5.10.060 Term of Annual License and Transferability.
5.10.070 Operating License and License Renewal.
5.10.080 Criteria for Approval of an Operating License and Operating License Renewal.
5.10.090 Additional Operational Requirements.
5.10.100 Violations.
5.10.110 Penalties.
5.10.120 Appeals of Short-term Rental Operating License Determinations.
5.10.130 Discontinuance of Short-term Rental Occupancy.
5.10.140 Remedies Not Exclusive.

CHAPTER 5.12 - PEDDLERS AND SOLICITORS
5.12.010 Definitions
5.12.020 Permit and license—Required
5.12.030 Permit and license--Application--Required information--Fee
5.12.040 Permit and license--Investigation and issuance-- Surety in lieu of investigation
5.12.050 Investigation fee--Waiver
5.12.060 License--Revocation
5.12.070 Appeal procedures
5.12.080 License—Expiration
5.12.090 License—Exhibition requirements
5.12.110 Exclusivity of location use and public in- convenience prohibited
5.12.120 Receipt and requirements for taking orders
5.12.125 Limitation on hours of solicitation
5.12.130 Violation--Penalty
5.12.140 City records of licenses and violations
5.12.150 Exemption from provisions

CHAPTER 5.16 - SECURITY PATROL SERVICES
5.16.010 Security patrol service or system defined
5.16.020 Security patrol license and employee permits required
5.16.030 License--Application--Required information
5.16.040 License--Investigation and recommendation
5.16.050 Security bond--Requirements
5.16.060 Employee permits--Application--Issuance conditions
5.16.070 Licenses and permits--Terms and conditions-- Suspension and revocation
5.16.080 Appeal procedure
5.16.090 Licenses and permits--Duration--Transferability
5.16.100 Licenses and permits--Renewal
5.16.110 Licenses and permits--Fees
5.16.120 Violation--Penalty

CHAPTER 5.20 - TAXICABS
5.20.010 Applicability of provisions
5.20.020 License--Required
5.20.030 License--Application--Required information
5.20.040 License--Duration--Investigation and report
5.20.050 License--Issuance conditions
5.20.060 Service rates--Establishment--Exhibition required
5.20.070 Vehicle requirements—Annual Inspection
5.20.080 Insurance requirements
5.20.090 License--Fees
5.20.100 Carrying unlawful material prohibited
5.20.110 License--Transferability
5.20.120 Cab driver permit--Required
5.20.130 Cab driver permit--Issuance conditions
5.20.140 Cab driver permit--Fees--Renewal
5.20.150 Cab driver permit--Revocation
5.20.160 Cab driver permit--Appeal
5.20.170 License--Revocation
5.20.180 Effect of notice
5.20.190 Violation--Penalty
5.20.200 Franchise agreements

CHAPTER 5.24 - USED ARTICLE DEALERS
5.24.010 License--Required--Applicability of provisions
5.24.020 License--Application--Fees--Investigation-- Appeals
5.24.030 License--Issuance
5.24.040 License--Transferability
5.24.050 License--Exhibition requirements
5.24.060 License--Cancellation
5.24.070 Purchases--Record requirements
5.24.080 Purchases--Restrictions
5.24.090 Sales--Restrictions
5.24.100 Enclosure requirements
5.24.110 Compliance with state law required
5.24.120 Violation--Penalty


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TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATION

CHAPTER 5.04 - BUSINESS AND OCCUPATION TAXES (Repealed by Ord. 1825, effective April 25, 2002)

 

CHAPTER 5.07 - TRANSIENT MERCHANTS AND SPECIAL EVENTS

(Ord. 1527, 1983; Amended Ord. 1595, 1988; Amended Ord. 1596, 1988; Repealed Ord 1726, 5/96; Re-enacted Ord. 1752, 1998; Amended Ord. 1757 eff. 1999; Amended Ord. 1825, 2002); amended Ord. 1859, 2004: Amended Ord. 1870 (2005)

Sections:
5.07.010   Title
5.07.020   Purpose and Scope
5.07.030   Definitions
5.07.040   License - Required - Fees
5.07.050   License - Application - Standards and Limitations
5.08.060   Application Process - Issuance - Appeal
5.07.070   Display of License
5.07.080   Removal of Structures
5.07.090   Penalty - Hold Harmless and Indemnification


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5.07.010 Title.  The provisions of this chapter are intended to authorize and regulate transient vending and special events on all property within the City of Hood River.  To that purpose, there is added to the Hood River Municipal Code Chapter 5.07 entitled "Transient Merchants and Special Events," and those sections and subsections set forth below.

5.07.020 Purpose and Scope.

A. This ordinance provides reasonable and necessary regulations for the licensing of transient merchants and special events in order to:
1. Protect the public health and safety;
2.  Maintain the free flow of pedestrian and vehicular traffic on streets, sidewalks and areas open to the public;
3. Prevent interference with the peaceful enjoyment of the areas near places where the transient vending activity or special event is occurring; and
4. Preserve, protect and enhance the economic, scenic, historic and aesthetic values and objectives of the city.

B. The regulations of this code are not intended to permit any violation of the provisions of any other law or regulation.

C. These regulations shall apply to activities on city-owned and leased property.

D. These regulations shall not apply to garage sales, yard sales, rummage sales or swap meets conducted on private property, provided that the sale is not conducted over a period in excess of 4 consecutive days or more often than 3 times per calendar year.

E. These regulations shall not apply to sales conducted by municipal, government, religious, charitable, educational or other similar organizations, provided that the sale is conducted on premises owned or leased by the applicant for the regular conduct of its business or affairs.

F. These regulations shall not apply to temporary or seasonal uses within permanent structures, except for those activities within permanent structures subject to regulation as a special event.

G. Regulation of special events shall not apply to private parties or to events taking place within a permanent structure having a current on-premise license from the Oregon Liquor Control Commission.

H. Exemption of a use from the provisions of this chapter shall not exempt the use from other applicable provisions of this Code.

5.07.030  Definitions.  The following definitions shall apply to this chapter:

“Dance” includes a dance which is open to the public, or for which admission is charged directly or indirectly.

"Person" includes the singular and plural and any individual, firm, corporation, association, club, co-partnership or society or any other organization.

“Special event” includes any activity which is likely to attract at any one time an assembly of persons, conducted for a specified period at one or more locations within the City under the auspices of and subject to the supervision and direction of a single person, including but not limited to festivals, fairs, shows, exhibitions, auctions, city or regional celebrations, athletic events, and public dances.

"Transient merchant" includes any person who offers food, beverages, produce, merchandise, a service, or other thing of value for sale within the city on a temporary or seasonal basis. The following classes of transient merchants are hereby established:

1. Class 1:  A transient merchant requiring direct connection to City-operated utilities for the preparation or storage of that which is being offered for sale. "Utilities" includes water, storm sewer or sanitary sewer.  A license to a Class 1 transient merchant is issued for a single period per calendar year, not to exceed 180 consecutive days, with no renewals or extensions.

2. Class 2:  A transient merchant not requiring direct connection to City-operated utilities for the preparation or storage of that which is being offered for sale.  A license to a Class 2 transient merchant is issued for a period of 30 consecutive days, with a maximum of 5 renewals per calendar year (maximum 180 days).

“Waterfront” includes that area in the City located north of Interstate 84, west of the Hood River, and east of Wells Island.

5.07.040 License - Required - Fee.  No person shall engage in business as a transient merchant or conduct a special event within the city without first obtaining a license as provided in this chapter.  No person shall be deemed to be exempt from the application of this chapter by reason of that person having conducted business within the City prior to the effective date of this ordinance. The license fees shall be set by resolution of the City Council.  The fees shall be payable in full at the time of submission of an application and shall be non-refundable. No license shall be assignable or transferable or shall authorize the applicant to conduct any other type of business or special event. 

5.07.050 License - Application - Standards and Limitations.  An applicant for a license under this chapter must file an application in writing. The City Recorder shall provide the application form and establish written procedures and submittal requirements necessary to process the application in accordance with this Chapter. The application will be reviewed to determine compliance with the following standards and limitations:

A. Transient Merchant License. 
1. The proposed use must meet the definition of “transient merchant” and be subject to classification as set out in Section 5.07.030.  Any use not meeting the definition of “transient merchant” or subject to classification shall be deemed to be a use subject to review under chapter 17.03.050.
2. Transient merchants shall not be permitted in the R-1, R-2 or R-3 zones. Written permission of the property owner for the proposed use shall be required.  No encroachment upon city rights-of-way shall be permitted.
3. Each license shall be issued for a single fixed location, and no transient merchant shall change location except upon a permitted license renewal; provided, however, that the Waterfront shall be considered one location for purposes of this section, and movement within the Waterfront shall be subject to regulation by the Port of Hood River or its designee. 
4. No transient merchant who is a food vendor shall be permitted to provide tables or seating for the use of patrons. A table for condiments will be permitted. 

B. Special Event License
1. The proposed use must meet the definition of “special event.” Any use not meeting the definition of “special event” shall be deemed to be a use subject to review under chapter 17.03.050.
2. Special events shall not be permitted in the R-1, R-2.or R-3 zones. Written permission of the property owner for the proposed use shall be required.
3. A special event license is issued to the sponsor of the special event. 
4. The license shall be limited to the duration of the special event, not to exceed 15 days.
5. The application must be submitted 30 days prior to the first day of the special event. An application submitted after the deadline will be considered if accompanied by a late fee and submitted no later than 14 business days prior to the first day of the special event. If the 30th day falls on a day when the City administrative offices are closed, the application will be considered if it is received by the City on the next business day.
6. The Chief of Police shall have the authority and discretion to set general policy for security and safety for special events and to determine the specific security and safety requirements for an individual special event.
 
C. All licenses shall also comply with the following: 
1. All licenses must comply with all applicable state and local laws, including but not limited to regulations and standards imposed or enforced by the Hood River County Sanitarian and the Hood River Municipal Code.
2. All waste shall be disposed of in compliance with all city, county and state standards, and may not be poured into storm sewers or onto the ground.  Adequate trash receptacles must be provided in accordance with the terms of the license.
3. No use will be permitted:
a. Within the required landscape or setback area of the property;
b. That blocks vision at street intersections;
c.  That blocks a crosswalk or otherwise impedes the flow of pedestrian traffic;
d. That blocks entrances or exits from buildings;
e. That blocks a driveway or otherwise impedes the flow of vehicular traffic;
f. Within 10 feet of any disabled parking space or access ramp;
g.  Within 50 feet of any entrance or driveway to a health care facility with an emergency or urgent care facility, school, or police or fire station;
h. Within any service drive of a parking lot; or
i. In a location that conflicts with any fire or safety code regulations.
4. The City Recorder may impose conditions of approval on the license that are necessary to comply with the requirements of the license and this chapter. In determining whether to grant or deny a license, or in setting any conditions of approval, the City Recorder shall consider: 
a. The need to maintain the free flow of pedestrian and vehicular traffic on streets, sidewalks and areas open to the public;
b. Criminal history of the applicant or event sponsor;
c. Any documented history of problems with an applicant or event previously held;
d. Suitability of the premises for the type of activity applied for; and
e. Compliance with all applicable local and state laws, ordinances and regulations, and the standards set forth in this section.
5. The conditions applicable to a license may include the right of the city or the County Sanitarian to a post-licensing inspection of the licensee’s business premises to insure compliance with appropriate structural, mechanical, fire, health and/or safety regulations or concerns. Inspection may also be conducted from time to time during the course of the license period, as deemed necessary by the city or the County Sanitarian. If the licensee fails, within the specified time, or if no time is specified, a reasonable time, to remedy any non-complying practice or defective condition identified as a result of any inspection, the licensee’s license shall be revoked, without refund.
6. The Fire Marshal shall have the authority and discretion to set general policy for fire safety, including inspections, and to determine the specific fire safety requirements and require a fire safety inspection for any individual transient merchant or special event. Whenever in the opinion of the Fire Marshal it is necessary for public safety at a special event, the Fire Marshal may require the special event licensee to contract with the City for standby fire and emergency medical watch through the City’s Fire Department. The licensee shall be responsible for paying the City’s fee for such coverage and the licensee shall execute a contract for the services as a condition to receiving the special event license.
7. The Building Official shall have the authority and discretion to require structural inspections for any temporary structure.
8. All licensees for use of City-owned property, including rights-of-way, shall be required to furnish evidence of liability insurance providing primary coverage in an amount that is not less than the City’s tort liability limits established by the Oregon Legislature naming the City as an additional insured. The liability insurance shall apply to, and provide coverage for, any and all claims for bodily injury and property damage arising from or caused by the use for which the license is granted and shall be primary coverage. In lieu of meeting the insurance requirements of this section, any governmental entity may enter into an agreement with the City to indemnify and hold the City harmless in the event of any damage or injury resulting from the use.
9. All licenses shall include a condition of approval requiring the licensee to reimburse the City the costs incurred by the Police Department and Fire Department in responding to the special event or transient merchant’s operation. Payment must be made to the City within 30 days of the date of the City’s invoice. In any action to collect unpaid balances, the City is entitled to collect its cost and attorney fees.

5.07.060  Application Process - Issuance - Appeal. 

A. Application Process.  Upon receipt of a completed application and fee, the City Recorder shall refer the application to the appropriate city departments for review and, if applicable, to the County Sanitarian.

B. Issuance.  The City Recorder shall issue a license if the City Recorder finds that the application has been approved by the appropriate departments, or can meet approval through appropriate conditions. 

C. Appeal.  Any person whose application for a license has been denied, whose license has been issued subject to conditions, who disagrees with the transient merchant class assigned to the application, or whose license has been subsequently revoked, may appeal the decision to the City Manager. The City Manager’s decision may be appealed to the City Council. The appeals shall be filed within five (5) days of the date of the decision from which the appeal is being made and shall be filed with the City Recorder. No business shall be conducted during the pendency of the appeal. The fee for appeals shall be set by Council resolution. The Council shall schedule a hearing date that shall not be later than the second regular session following the filing of the written appeal with the City Recorder, and shall notify the applicant of the date and time that the applicant may appear either in person or by a representative.

5.07.070 Display of License.  The licensee shall display the license, together with any conditions, at all times on the business premises, in a location visible to customers. 

5.07.080 Removal of Structures.  Any  structures, carts, vending units, tents, tables or other appurtenances used by the licensee may not be located or relocated on the property until commencement of the license term, and  shall be removed from the property promptly upon expiration of the license term.

5.07.090 Penalty - Hold Harmless and Indemnification.  Any person who violates or causes a violation of any provision of this chapter shall be subject to punishment as prescribed in Chapter 1.12 of the Hood River Municipal code.  Upon any violation the City Manager, or a designee of the City Manager, may order the licensed activity to cease, and upon receipt of written notice, the activity shall immediately cease.  Any such persons and licensees shall indemnify and hold the city and its officers, agents and employees harmless from and against all claims for injury, loss or damage arising out of or in any way related to the operation of licensee's business.  This agreement to indemnify or defend shall survive termination or revocation of licensee's license.





CHAPTER 5.09 - HOTEL TAX

Sections:
5.09.010   Title
5.09.020   Definitions
5.09.030   Tax Imposed
5.09.040   Collection of Tax by Operator - Rules for Collection
5.09.050   Operator's Duties
5.09.060   Exemptions
5.09.070   Registration of Operator - Form and Contents - Execution - Certification of Authority
5.09.080   Due Date - Returns and Payments
5.09.090   Penalties and Interest
5.09.100   Deficiency Determinations - Fraud - Evasion - Operator Delay
5.09.110   Redeterminations
5.09.120   Security for Collection of Tax
5.09.130   Lien
5.09.140   Refunds
5.09.150   Collection Fee
5.09.160   Administration
5.09.170   Appeals to City Council
5.09.180   Severability
5.09.190   Violations
5.09.200   Penalties


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5.09.010 Title.  There is added to the Hood River Municipal Code Chapter 5.09 entitled "hotel tax" and those sections and subsections that are hereafter set forth.  (Ord. 1500, 1981)

5.09.020 Definitions.  Except where the context otherwise requires, the definitions given in this section govern the meanings of the following words and phrases as used in this chapter.

A. "Accrual accounting" means a system of accounting in which the operator enters the rent due from a transient on his records when the rent is earned, whether or not it is paid.

B  “Cash accounting" means a system of accounting in which the operator does not enter the rent due from a transient on his records until the rent is paid.

C. "Chapter" means Chapter 5.09 of the Hood River Municipal Code.

D. "Council" means the City Council of the City of Hood River, Oregon.

E. "Hotel" means any structure or any portion of any structure which is occupied or intended or designed for transient occupancy for less than a thirty-day period, for dwelling, lodging or sleeping purposes, and includes any hotel, inn, bed and breakfast, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, roominghouse, apartment house, public or private dormitory, fraternity, sorority, public or private club, space in mobile home or trailer parks or similar structure, or portions thereof so occupied, provided such occupancy is for less than a thirty-day period.

F. "Occupancy" means the use or possession, or the right to use or possession for lodging or sleeping purposes of any room or rooms in a hotel, or space in a mobile home or trailer park, or portion thereof.

G. "Operator" means the person who is proprietor of a hotel in any capacity.  Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal.  Compliance with the provisions of this chapter by either the principal or the managing agent shall be considered to be compliance by both.

H. "Person" means any individual, partnership or other legal entity.

I. "Rent" means the consideration charged, whether or not received by the operator, for the occupancy of space in a hotel valued in money, goods, labor, credits, property or other consideration valued in money, without any deduction.

J. "Rent package plan" means the consideration charged for both food and rent where a single rate is made for the total of both.  The amount applicable to rent for determination of transient room tax under this chapter shall be the same charge made for rent when not a part of a package plan.

K. "Tax administrator" means the City Recorder of the City of Hood River.

L. "Tax" means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which he is required to report his collections.

M. "Transient" means any individual who exercises occupancy or is entitled to occupancy in a hotel for a period of less than thirty consecutive calendar days, counting portions of calendar days as full days.  The day a transient checks out of the hotel shall not be included in determining the thirty-day period if the transient is not charged rent for that day by the operator.  Any such individual so occupying space in a hotel shall be deemed to be a transient until the period of twenty-nine days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.  (Ord. 1582, 1986; Ord. 1500, 1981)

5.09.030 Tax Imposed.  For the privilege of occupancy in any hotel, on and after the effective date of the ordinance codified in this chapter, each transient shall pay a tax in the amount of eight percent of the rent charged by the operator.  The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City.  The transient shall pay the tax to the operator of the hotel at the time the rent is paid.  The operator shall enter the tax on his records when rent is collected if the operator keeps his records on the cash accounting basis, and when earned, if the operator keeps his records on the accrual accounting basis. If rent is paid in installments, a proportionate share of the tax shall be paid by the transient to the operator with each installment.  If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the City.  In all cases, the rent paid or charged for occupancy shall exclude the sale of any goods, services and commodities, other than the furnishing of rooms, accommodations, and parking space in mobile home parks or trailer parks.  (Ord. 1609, 1988; Ord. 1500, 1981)


5.09.040 Collection of Tax by Operator - Rules for Collection.

A. Every operator renting a room in this City, the occupancy of which is not exempted under the terms of this chapter, shall collect a tax from the occupant.  The tax collected or accrued by the operator constitutes a debt owed by the operator to the City.

B. In all cases of credit or deferred payment of rent, the payment of tax to the operator may be deferred until the rent is paid, and the operator shall not be liable for the tax until credits are paid or deferred payments are made.   
                                                 
C. Under the supervision of the City Manager, the tax administrator shall enforce the provisions of this chapter and shall have the power to adopt rules and regulations not inconsistent with this chapter as may be necessary to aid in the enforcement.

D. For rent collected on portions of a dollar, the first one cent of tax shall be collected on five cents through twenty-one cents inclusive; and the second one cent of tax on twenty-two cents through thirty-eight cents; and the third one cent of tax on thirty-nine cents through fifty-five cents; the fourth one cent of tax on fifty-six cents through seventy two cents; the fifth one cent of tax on seventy-three cents through eighty-nine cents and the sixth one cent of tax on ninety cents through the next one dollar and four cents of rent.  (Ord. 1500 (part), 1981)

5.09.050 Operator's Duties.  Each operator shall collect the tax imposed by this chapter at the same time as the rent is collected from every transient.  The amount of tax shall be separately stated upon the operator's records and any receipt rendered by the operator to the transient. No operator shall advertise that the tax or any part of the tax will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, when added, any part will be refunded, except in the manner provided by this chapter.  (Ord. 1500 (part), 1981)

5.09.060 Exemptions.  No tax imposed under this chapter shall be imposed upon:

A. Any occupant for thirty successive calendar days or more;

B. Any person who pays for lodging on a monthly basis, irrespective of the number of days in such month;

C. Any occupant whose rent is of a value less than two dollars per day;

D. Any occupant whose rent is paid for hospital room or to a mental clinic, convalescent home or home for aged people.  (Ord. 1582 §2, 1986:  Ord. 1500 (part), 1981)

5.09.070 Registration of Operator - Form and Contents - Execution - Certification of Authority.  Every person engaging or about to engage in business as an operator of a hotel in this City shall register with the tax administrator on a form provided by him.  Operators engaged in business at the time this chapter is adopted must register not later than fifteen calendar days after passage of the ordinance codified in this chapter.  Operators starting business after this chapter is adopted must register within fifteen calendar days after commencing business.  The privilege of registration after the date of imposition of such tax shall not relieve any person from the obligation of payment or collection of the tax, regardless of registration.  The registration shall set forth the name under which an operator transacts or intends to transact business, the location of his place or places of business, and such other information to facilitate the collection of the tax as the tax administrator may require. The registration shall be signed by the operator.  The tax administrator shall, within ten days after registration, issue without charge a certificate of authority to each registrant to collect the tax from the occupant, together with a duplicate thereof for each additional place of business for each registrant.  Certificates shall be non-assignable and non-transferable and shall be surrendered immediately to the tax administrator upon the cessation of business at the location named or upon its sale or transfer of the business. Each certificate and duplicate shall state the place of business to which it is applicable and shall be prominently displayed so as readily to be seen and come to the notice of all occupants and persons seeking occupancy.

The certificate shall, among other things, state the following:

A. The name of the operator;

B. The address of the hotel;

C. The date when the certificate was issued;

D. "This transient occupancy registration certificate signifies that the person named on the face hereof has fulfilled the requirements of the transient room tax ordinance of the City of Hood River by registration with the tax administrator for the purpose of collecting from transients the room tax imposed by the City and remitting the tax to the tax administrator.  This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, or to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of the City of Hood River. This certificate does not constitute a permit."  (Ord. 1500, 1981)

5.09.080 Due Date - Returns and Payments.

A. The tax imposed by this chapter shall be paid by the transient to the operator at the time that rent is paid.  All such taxes collected by any operator are due and payable to the tax administrator on a monthly basis on the fifteenth day of the month for the preceding month; and are delinquent on the last day of the month in which they are due.

B. On or before the fifteenth day of the month following each month of collection by an operator, he shall file a return for the preceding month's tax collections with the tax administrator.  The return shall be filed in such form as the tax administrator may prescribe.

C. Returns shall show the amount of tax collected or otherwise due for the period for which the return is filed, the total rentals upon which tax was collected or otherwise due, gross receipts of operator amounts, and the amount of rents exempt, if any.

D. The person required to file the return shall deliver the return, together with payment of the amount of the tax due, to the tax administrator at his office, either by personal delivery or by mail.  If the return is mailed, the postmark shall be considered the date of delivery.

E. For good cause, the tax administrator may extend for not to exceed one month the time for making any return or payment of tax.  No further extension shall be granted, except by the City Council.  Any operator to whom an extension is granted shall pay interest at the rate of one percent per month on the amount of tax due without proration for a fraction of a month.  If a return is not filed, and the tax and interest due is not paid by the end of the extension of time granted, then the interest shall become a part of the tax for computation of penalties described elsewhere in this chapter.

F. The tax administrator, if he deems it necessary in order to insure payment or facilitate collection by the City of the amount of taxes in any individual case, may require returns and payment of the amount of taxes for other than monthly periods.  (Ord. 1500, 1981)

5.09.090 Penalties and Interest.

A. Original Delinquency.  Any operator who has not been granted an extension of time for delivery of return and payment of tax due, and who fails to remit any tax imposed by this chapter prior to delinquency, shall pay a penalty of ten percent of the amount of the tax due in addition to the amount of the tax.

B. Continued Delinquency.  Any operator who has not been granted an extension of time for remittance of tax due, and who has failed to pay any delinquent remittance on or before a period of thirty days following the date on which the remittance first became delinquent, shall pay a second penalty of fifteen percent of the amount of the tax due, plus the amount of the tax and the ten percent penalty first imposed.

C. Fraud.  If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud or intent to evade the provisions thereof, a penalty of twenty-five percent of the amount of the tax shall be added thereto in addition to all other penalties provided for under this chapter.

D. Interest.  In addition to the penalties imposed, any operator who fails to remit any tax imposed by this ordinance shall pay interest at the rate of one percent per month or fraction thereof, without proration for portions of a month, on the amount of the tax due, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

E. Penalties Merged With Tax.  Every penalty imposed and such interest as accrues under the provisions of this section shall be merged with and become a part of the tax herein required to be paid.

F. Petition For Waiver.  Any operator who fails to deliver the return and pay the tax herein levied within the time herein stated shall pay the penalties herein stated; provided, however, the operator may petition the City Council for waiver and refund of the penalty or any portion thereof, and the City Council may, if a good and sufficient reason is shown, waive and direct a refund of a penalty or any portion thereof.  (Ord. 1500 (part), 1981)

5.09.100 Deficiency Determinations - Fraud - Evasion - Operator Delay.

A. Deficiency Determination.  If the tax administrator determines that a tax return by this chapter is incorrect, he may compute and determine the amount required to be paid upon the basis of the facts contained in the return, or upon the basis of any relevant information within his possession or that may come into his possession. One or more deficiency determinations may be made of the amount due for one or more periods, and the amount so deter mined shall be due and payable immediately upon service of notice as herein provided, after which the amount determined is delinquent.  Penalties on deficiencies shall be applied as set forth in Section 5.09.090.

l. In making a deficiency determination, the tax administrator may offset overpayments, if any, which may have been previously made, against any underpayment for a subsequent period or periods, or against penalties, and interest, on the underpayments.  The interest on under payments shall be computed in the manner set forth in Section 5.09.090.
2. The tax administrator shall give to the operator or occupant a written notice of his determination.  The notice may be served personally or by mail.  If by mail, the notice shall be addressed to the operator at his address as it appears in the records of the tax administrator.  In case of service by mail of any notice required by this chapter, the service is complete at the time of deposit in the United States Post Office.
3. Except in the case of fraud, intent to evade this chapter or authorized rules and regulations, every deficiency determination shall be made and notice thereof mailed within three years after the last day of the month following the close of the monthly period for which the deficiency is proposed to be determined, or within three years after the return is filed, whichever period expires the later.
4. Any deficiency determination shall become due and payable immediately upon service of notice and shall become final within ten days after the tax administrator has given notice thereof; provided, however, the operator may petition for redemption and refund if the petition is filed before the determination becomes final as herein provided.

B. Fraud; Refusal to Collect; Evasion.  If any operator shall fail or refuse to collect the tax or to make, within the time provided in this chapter, any report and/or remittance of tax or any portion thereof required by this chapter, or makes a fraudulent return or otherwise willfully attempts to evade this chapter, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base an estimate of the tax due. As soon as the tax administrator has determined the tax due that is imposed by this chapter from any operator who has failed or refused to collect the same or to report and remit said tax, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter.  In case such determination is made, the tax administrator shall give a notice in the manner aforesaid of the amount so assessed.  The determination and notice shall be made and mailed within three years after discovery by the tax administrator of any fraud, intent to evade or failure or refusal to collect the tax, or failure to file a required return.  Any determination shall become due and payable immediately upon delivery of notice and shall become final within ten days after the tax administrator has given to file a required return.  Any determination shall become due and payable immediately upon delivery of notice and shall become final within ten days after the tax administrator has given notice thereof; provided, however, the operator may petition for redemption and refund if the petition is filed before the determination becomes final as herein provided.

C. Operator Delay.  If the tax administrator believes that the collection of any tax or any amount of tax required to be collected and paid to the City will be jeopardized by delay, or if any determination will be jeopardized by delay, he shall thereupon make a determination of the tax or amount of tax required to be collected, noting the fact upon the determination.  The amount so determined shall be immediately due and payable, and the operator shall immediately pay the determined amount to the tax administrator after service of notice thereof.  The operator may, however, petition, after payment is made, for redemption and refund of the determination, if the petition is filed within ten days from the date of service of notice by the tax administrator.  (Ord. 1500, 1981)


5.09.110 Redeterminations.

A. Any person against whom a determination is made under Section 5.09.100 or any person directly interested in the determination may petition for a redetermination and redemption and refund within the time required in Section 5.09.100.  If a petition for redetermination and refund is not filed within the time required in Section 5.09.100, the determination becomes final at the expiration of the allowable time.

B. If a petition for redetermination and refund is filed within the allowable period, the tax administrator shall reconsider the determination, and if the person has so requested in his petition, shall grant the person an oral hearing and shall give him ten days notice of the time and place of the hearing.  The tax administrator may continue the hearing from time to time as may be necessary.

C. The tax administrator may decrease or increase the amount of the determination as a result of the hearing; and if an increase is determined, such increase shall be payable immediately after the hearing.

D. The order or decision of the tax administrator upon a petition for redetermination and redemption and refund becomes final ten days after service upon the petitioner of notice thereof, unless appeal of such order or a decision is filed with the City Council within the ten days after service of such notice.

E. No petition for redetermination of redemption and refund or appeal therefrom shall be effective for any purpose unless the operator has first complied with the payment provisions hereof.  (Ord. 1500 (part), 1981)

5.09.120 Security for Collection of Tax.

A. The tax administrator, whenever he deems it necessary to insure compliance with this chapter, may require any operator subject hereto to deposit with him such security in the form of cash, bond or other security as the tax administrator determines.  The amount of the security shall be fixed by the tax administrator but shall not be greater than twice the operator's estimated average monthly liability for the period for which he files returns, determined in such manner as the tax administrator deems proper, or five thousand dollars, whichever amount is the lesser.  The amount of the security may be increased or decreased by the tax administrator, subject to the limitations herein provided.

B. At any time within three years after any tax or any amount of tax required to be collected becomes due and payable, or at any time within three years after any determination be comes final, the tax administrator may bring an action in the courts of this state, or any other state, or of the United States, in the name of the City, to collect the amount delinquent, together with penalties and interest.  (Ord. 1500, 1981)

5.09.130 Lien.  The tax imposed by the ordinance codified in this chapter, together with the interest and penalties herein provided and the filing fees paid to the Department of Records and Assessments of Hood River County, Oregon, and the advertising costs which may be incurred when the same becomes delinquent as set forth in this chapter, shall be and, until paid, remain a lien from the date of its recording with the Hood River County Department of Records and Assessments, and be superior to all subsequent recorded liens on all tangible personal property used in the hotel of an operator within Hood River and may be foreclosed on and sold as may be necessary to discharge said lien, if the lien has been recorded.  Notice of lien may be issued by the tax administrator when the operator is in default and the payment of said tax, interest and penalty, and shall be recorded with the Hood River County Department of Records and Assessments, and a copy sent to the delinquent operator.  The personal property subject to such a lien seized by any authorized employee or agent of the City of Hood River may be sold to the highest bidder at public auction after ten days' notice thereof published once in a newspaper in the City.  The City of Hood River may bid on and purchase any such personal property foreclosed upon and sold.     Any such lien as shown on the records of Hood River County shall, upon payment of all taxes, penalties and interest for which the lien has been imposed, be released by the tax administrator when the full amount determined to be due has been paid to the City.  The operator or person making such payment shall receive a receipt therefor stating that the full amount of taxes, penalties and interest have been paid, and that the lien is thereby released and the record of lien satisfied.  (Ord. 1500, 1981)

5.09.140  Refunds.  Whenever the amount of any tax, penalty or interest imposed under this chapter has been paid more than once, or has been erroneously or illegally collected or received by the tax administrator, it may be refunded, provided a verified claim in writing therefor stating the specific reason upon which the claim is founded, is filed with the tax administrator within three years from the date of payment.  The claim shall be made on forms provided by the tax administrator.  If the claim is approved by the tax administrator, the excess amount collected or paid may be refunded or may be credited on any amounts then due and payable from the operator from whom it was collected or by whom paid, and the balance may be refunded to him or his personal representatives or assigns.  All refunds shall be charged to the transient room tax fund.   (Ord. 1500, 1981)

5.09.150  Collection fee.  Every operator liable for the collection and remittance of the tax imposed by this chapter may withhold five percent of the net tax due to cover his expense in the collection and remittance of the tax.  (Ord. 1500, 1981)

5.09.160 Administration.

A. Tourist Promotion Fund.  A special fund called "the tourist promotion fund" shall be established for the purpose of promoting tourism within the City of Hood River.  The tax administrator shall deposit 25 percent of all money collected under the provisions of this chapter to the credit of the tourist promotion fund. All moneys paid to this account shall be used for the promotion of tourism.  The City is authorized to enter into a contract with Hood River County Chamber of Commerce or to otherwise act as the council may see fit to carry out this purpose. (Ord. 1727, 1996)

B. Records Required from Operators, etc.; Form.  Every operator shall keep guest records of room or space rentals, and accounting books and records of the room or space rentals. All these records shall be retained by the operator for a period of three years and six months after they come into being.

C. Examination of Records; Investigations.  The tax administrator or any person authorized in writing by him may examine, during normal business hours, the books, papers and records relating to room or space rentals of any operator after notification to the operator liable for the tax, and may investigate the business of the operator in order to verify the accuracy of any return made, or if no return is made by the operator, to ascertain and determine the amount required to be paid.

       
 
D. Confidential Character of Information Obtained; Disclosure Unlawful.  Neither the tax administrator nor any person having an administrative or clerical duty under the provisions of this chapter shall make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any person required to obtain a transient occupancy registration certificate, or pay a transient room tax, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof, to be seen or examined by any person; provided that nothing in this subsection shall be construed to prevent:

1. The disclosure to or the examination of records and equipment by another City of Hood River official, employee or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter or collecting taxes imposed hereunder;
2. The disclosure after the filing of a written request to that effect, to the taxpayer himself, or his receivers, trustees, executors, administrators, assigns and guarantors, if directly interested, or information as to any paid tax, any unpaid tax or amount of tax required to be collected, or interest, and penalties, provided that the City Attorney approves each such disclosure.  The tax administrator may refuse to make any disclosure referred to in this paragraph when in his opinion the public interest would suffer thereby;
3. The disclosure of the names and addresses of any persons to whom a transient occupancy registration certificate has been issued;
4. The disclosure of general statistics regarding taxes collected or business done in the City.  (Ord. 1500, 1981)

5.09.170 Appeals to City Council.  Any person aggrieved by any decision of the tax administrator may appeal to the City Council by filing a notice of appeal with the tax administrator within ten days of the delivery of the tax administrator's decision.  The tax administrator shall transmit the notice of appeal, together with the file of said appealed matter, to the City Council which shall fix a time and place for hearing such appeal.  The council shall give the appellant not less than ten days written notice of the time and place of hearing of said appealed matter.  (Ord. 1500, 1981)

5.09.180 Severability.  If any section, subsection, paragraph, sentence, clause or phrase of this chapter, or any part thereof, is for any reason held to be unconstitutional (or otherwise invalid), such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or paragraphs be declared unconstitutional (or otherwise invalid).  (Ord. 1500, 1981)

5.09.190 Violations.  It is unlawful for any operator or other person so required to fail or refuse to register as required herein, or to furnish any return required to be made, or fail or refuse to furnish a supplemental return or other data required by the tax administrator or to render a false or fraudulent return, or for any person to knowingly aid in any such act. No person required to make, render, sign or verify any report shall make any false or fraudulent report with intent to defeat or evade the determination of any amount due required under this chapter. (Ord. 1500, 1981)

5.09.200 Penalties.  Any person willfully violating any of the provisions of this chapter shall be guilty of an offense, and shall be subject to punishment as prescribed in Chapter 1.12 of this code.  (Ord. 1500, 1981)

 
CHAPTER 5.10  SHORT-TERM RENTAL OPERATING LICENSE

Legislative History:   Ord. 2028 (2016)

SECTIONS:
5.10.010 Title. 
5.10.020 Purpose and Scope.
5.10.030 Definitions.
5.10.040 Annual Short-term Rental Operating License Required.
5.10.050 Application and Fee.
5.10.060 Term of Annual License and Transferability.
5.10.070 Operating License and License Renewal.
5.10.080 Criteria for Approval of an Operating License and Operating License Renewal.
5.10.090 Additional Operational Requirements.
5.10.100 Violations.
5.10.110 Penalties.
5.10.120 Appeals of Short-term Rental Operating License Determinations.
5.10.130 Discontinuance of Short-term Rental Occupancy.
5.10.140 Remedies Not Exclusive.


5.10.010 Title.  The provisions of this chapter are intended to authorize and regulate the short-term rental of residential dwelling units on all property within the City of Hood River.  To that purpose, there is added to the Hood River Municipal Code Chapter 5.10 entitled "Short-Term Rental Operating License," and those sections and subsections set forth below.

5.10.020 Purpose and Scope.

A. This ordinance provides reasonable and necessary regulations for the licensing of short-term rental of residential dwelling units in order to:

1. Ensure the safety, welfare and convenience of renters, owners and neighboring property owners throughout Hood River.

2. Balance the legitimate livability concerns with the rights of property owners to use their property as they choose.

3. Recognize the need to limit short-term rental options within the neighborhoods to ensure compatibility, while recognizing the benefits of short-term rentals in in providing recreation and employment opportunities, as well as transitional housing and business or hospital related short stays.

4. Help maintain the City’s needed housing supply for residential use.

5. Protect the character of the City's neighborhoods by limiting the number and concentration of full-time short-term rentals in residential zones. In the adoption of these regulations, the City finds that the transient rental of dwelling units has the potential to be incompatible with surrounding residential uses. Therefore, special regulation of dwellings listed for transient occupancy is necessary to ensure that these uses will be compatible with surrounding residential uses and will not materially alter the neighborhoods in which they are located.

B. A short-term rental license is a permission to operate a short-term rental in accordance with this chapter. An operating license may be terminated or revoked if the standards of this chapter are not met or the dwelling is sold or otherwise transferred as defined in this chapter. This chapter provides an administrative framework for licensing the annual operation of a short-term rental.

C. The regulations of this code are not intended to permit any violation of the provisions of any other law or regulation.

D. Exemption of a use from the provisions of this chapter shall not exempt the use from other applicable provisions of this Code.


5.07.030  Definitions.

A. Applicant(s) means an owner(s) of a dwelling unit who applies to the City for a short-term rental operating license. 

B. Authorized agent is a property management company or other entity or person who has been designated by the applicant or licensee, in writing, to act on their behalf. The authorized agent may or may not be the designated representative for purposes of contact for complaints.

C. City Manager means the City Manager or his or her designee.

D. Hosted homeshare means the transient rental of a portion of a dwelling while the homeowner is present.  For the purposes of this Title, “present” means the homeowner is staying in the dwelling overnight.

E. Licensee means the owner(s) of a dwelling unit who holds a short-term rental operating license.

F. Non-transient rental means to rent a dwelling unit or room(s) for compensation on a month-to-month basis, or for a longer period.

G. Owner(s) means the natural person(s) or legal entity that owns and holds legal or equitable title to the property. If the owner is a business entity such as a partnership, corporation, limited liability company, limited partnership, limited liability partnership or similar entity, all persons who own an interest in that business entity may be considered an owner.

H. Short-term rental means a Hosted Homeshare or Vacation Home Rental.

I. Short-term rental operating license means the regulatory license required by HRMC 5.10.030 and described in this chapter. It will be referenced as an “operating license.”

J. Transfer means the addition or substitution of owners not included on the original license application, whether or not there is consideration.  If multiple owners exist on a license, individual owners may be removed from the license without constituting a transfer.

K. Transient rental means to rent a dwelling unit or room(s) for compensation on less than a month-to-month basis.

L. Vacation home rental means the transient rental of an entire dwelling unit. 

M. Daytime means between the hours of 7:00am to 10:00pm

N. Overnight means between the hours of 10:00 pm to 7:00 am the following day


5.10.040 Annual Short-Term Rental Operating License Required.  No owner of property within the Hood River City limits may advertise, offer, operate, rent, or otherwise make available or allow any other person to make available for occupancy or use a short-term rental without a short-term rental operating license. Advertise or offer includes through any media, whether written, electronic, web-based, digital, mobile or otherwise.

5.10.050 Application and Fee. 

A. Application Required. Applications for an operating license shall be on forms provided by the City, demonstrating the application meets the standards required by this chapter. The applicant or authorized agent shall certify the following information to be true and correct:

1. Owner/Applicant Information. Applicant’s name, permanent residence address, telephone number, and the short-term rental address and telephone number.   

2. Proof of Residential Use (for conforming short-term rentals within the R-1, R-2 or R-3 zones only). The residential use of a dwelling unit shall be established through its continued use as the primary residence of the property owner.  The applicant shall provide at least two of the following items as evidence that the dwelling is the primary residence of the owner:
• A copy of the voter registration.
• A copy of an Oregon Driver’s License or Identification Card.
• A copy of federal income tax return from last tax year (page 1 only financial data should be redacted).

3. Representative Information. The applicant shall provide the name, telephone number, address and email of a local representative (which can be a person or company) who can be contacted concerning use of the property or complaints related to the short-term rental, as set forth in HRMC 5.10.080.  For the purposes of this requirement, local means the representative’s address is within a 30 minute travel time of the subject property.

4. Parking. Statement that required parking spaces are available, with a dated photo(s) submitted of interior and exterior parking spaces. A site plan including a parking diagram of these parking spaces shall also be submitted.

5. Occupancy. Occupancy limits and number of bedrooms.

6. Good Neighbor Guidelines. Acknowledgment of receipt and review of a copy of the City’s good neighbor guidelines. In addition, evidence that the City’s good neighbor guidelines has been effectively relayed to short-term rental tenants, by incorporating it into the rental contract, including it in the rental booklet, posting it online, providing it in a conspicuous place in the dwelling unit, or a similar method.

7. Listing Number. If they advertise, the listing numbers or website addresses of where the short-term rental advertises (such as the VRBO/Airbnb/rental website number, account number, URL, etc.).

8. A completed checklist for fire safety as required by HRMC 5.10.080.C.2.

9. Proof of garbage service as required by HRMC 5.10.080.C.3.

10. Such other information as the City Manager or designee deems reasonably necessary to administer this chapter.

B. Incomplete Application. If a license application does not include all required materials, the application will be considered incomplete and the City will notify the applicant, in writing, explaining the information required. If the applicant provides the missing required information within 30 calendar days of the date of the notice, the application will be reviewed. If the applicant does not provide the required information, the application will be deemed withdrawn and the City may refund all or a portion of the application fee.

C. License Fee. The fee for application for a short-term rental operating license or license renewal shall be as established by resolution of the City Council.

5.10.060  Term of Annual License and Transferability.

A. Term. A short-term rental operating license shall be renewable annually on or before January 15th, the license may be renewed annually for up to four years by the licensee or authorized agent provided all applicable standards of this chapter are met. If an authorized agent changes during the operating license period, the licensee shall timely notify the City in writing of the change.

B. Transferability. The operating license shall be issued in the name of the licensee(s) and is not transferable.

5.10.070 Operating License and License Renewal.  

A. License Must Be Obtained.
1. An operating license shall be obtained and renewed as required in this section. The permission to operate a short-term rental in the City of Hood River shall be revoked for failure to obtain or renew a license to operate as provided in this chapter. 

2. The maximum number of nights per year which a short-term rental may be operated shall be in accordance with HRMC 17.04.115 and as specified below.   The license shall specify whether the short-term rental will be operated as a hosted homeshare or a vacation home rental; however, the number of nights allowed is the maximum number for all short-term rental use of the subject property.  The maximum number of nights shall be indicated on the license and shall not be exceeded. 

Short-term rentals in C-1 and C-2 zones:                                                    365 nights /year
Conforming short-term rentals in R-1, R-2 and R-3 zones:                         90 nights /year
Existing non-conforming short-term rentals in R-1, R-2 and R-3 zones:   See HRMC 5.10.070.A.3

3. Existing Nonconforming Short-term Rentals within the R-1, R-2 and R-3 zones.
For the purposes of this section, an existing non-conforming short-term rental is one which meets all of the standards and criteria in HRMC 17.04.115.D.  The extent of the non-conformity shall be limited to the maximum number of nights of transient rental which previously occurred in any one calendar year, 2013 through October 13th, 2016. The applicant has the burden of proving by a preponderance of credible evidence all of the elements of a nonconforming hosted homeshare or vacation home rental.  

B. Application and Renewal Application Process.
1. Existing Short-term Rentals.  Existing short-term rentals may continue to operate until such time as the City has approved or denied the application.  If approved, the license may be renewed annually thereafter in accordance with subsection C, below.  If denied, operation of the short-term rental must cease within 30 days.  Failure to submit an application as required by this section shall result in the loss of all non-conforming use status.

2. New Short-term Rentals.  A license shall be obtained before beginning operations.  A completed operating license application and fee may be submitted and issued at any time. The license may be renewed annually thereafter in accordance with subsection C, below.

C. Renewal Standards.
1. Operating licenses may be renewed by the licensee annually for up to four years after the year of issuance.
2. The City will review an application for operating license renewal and issue a renewal provided all the standards in this chapter continue to be met. If not met, the City will not renew the operating license and the property shall not be used as a short-term rental.

D. A decision on an operating license application or renewal may be appealed as provided in HRMC 5.10.120.
 
5.10.080 Criteria for Approval of an Operating License and Operating License Renewal. 

A. The applicant has the burden of proof to demonstrate compliance with each applicable criterion for approval or renewal of the operating license. The approval criteria also operate as continuing code compliance obligations of the owner. Staff may verify evidence submitted and the applicant shall cooperate fully in any investigation.

B. To receive approval, an applicant must demonstrate that all approval criteria listed below has been satisfied:

1. Zoning. The property is in compliance with requirements of HRMC Title 17 (Zoning).

2. Contact Information. The applicant or authorized agent has provided information sufficient to verify a qualified person will be available to be contacted about use of the short-term rental during and after business hours. The licensee or representative shall be available to be contacted by telephone to ensure a response to the short-term rental address at all hours (24 hours a day, seven days a week) while the dwelling unit is occupied for rent. Response must be within 30 minutes. The designated representative may be changed from time to time throughout the term of the license. To do so, the license information shall be revised with the City at least 14 days prior to the date the change takes effect, except when the failure to do so is beyond the licensee’s control. In an emergency or absence, contact forwarding information to a qualified person may be provided for the licensee or representative.  In the case of Hosted Homeshares, the contact person shall be the permanent resident who will be hosting the transient accommodations. 

3. Notice to Neighbors. For Vacation Home Rentals, the licensee or authorized agent shall either: (a) provide an annual mailing or otherwise distribute by hand, a flier to neighbors within a 250-foot radius of the short-term rental property address containing the operating license number and owner or representative contact information, or (b) post a small placard or sign as specified by the City on the property in proximity to the adjacent street advising neighbors and tenants of the same information where it can be seen from the public right-of-way.

The purpose of this notice is so that adjacent property owners and residents can contact a responsible person to report and request resolution of problems associated with the operation of the short-term rental. If the permanent contact information changes during the license period, the new information must be mailed or distributed again, or changed on the placard or sign.

C. Health and Safety.
1. Responsibility. It is the licensee’s responsibility to assure that the short-term rental is and remains in substantial compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

2. Fire and Emergency Safety. A completed checklist for fire safety (fire extinguishers, smoke alarms, carbon monoxide detectors, etc.) shall be required with each annual operating license application and renewal. The licensee shall be responsible for completing the fire safety checklist and ensuring continued compliance.  Verification by the City shall be required prior to issuance of a license and may be required for each renewal at the City Manager’s discretion.  

3. Solid Waste Collection – minimum service requirements. During all months that the dwelling is available for transient accommodation, Vacation Home Rentals shall have weekly solid waste collection service with assisted pick-up provided by the solid waste provider, if available.  For the purposes of this section, assisted pick-up means the collection driver retrieves the cart from the driveway, rolls it out for service, and then places it back in its original location.

D. Mandatory Postings. The short-term rental license issued by the City (or a copy thereof) shall be displayed in a prominent location within the interior of the dwelling adjacent to the front door. The license will contain the following information:
1. A number or other identifying mark unique to the short-term rental operating license which indicates the license is issued by the City of Hood River, with the date of expiration;
2. The name of the licensee or representative and a telephone number where the licensee or representative may be contacted;
3. The number of approved parking spaces;
4. The maximum occupancy permitted for the short-term rental;
5. Any required information and conditions specific to the operating license;
6. Day of week of trash pickup;
7. The property address; and
8. The City of Hood River official logo.

E. The licensee shall be in compliance with the Hotel Tax Code pursuant to HRMC   Chapter 5.09, and subject to the Tax Administrator’s authority under that chapter.

F. Parking. 
1. One (1) hard surfaced off-street parking space shall be provided for every two bedrooms. In calculating the number of spaces required, the total shall be rounded up.  Parking areas shall not be located in the front yard.   If the garage is to be utilized to meet the parking requirement, a photo of the interior of the garage shall be submitted to show the garage is available for parking. Required parking may be permitted on another lot within 250 feet of the subject property with a shared parking agreement or proof of legal parking access.

2. A parking diagram of the approved parking spaces shall be provided to tenants and be available in a prominent location within the short-term rental dwelling.

5.10.090 Additional Operational Requirements.

A. Advertising and License Number. The licensee or authorized agent shall put the annual operating license number on all advertisements for the specific property, if legally possible.

B. Complaints.
1. Response to Complaints. The licensee or representative shall respond to neighborhood questions, concerns, or complaints in a reasonably timely manner depending on the circumstances.

2. Record of Response. The licensee or representative shall maintain a record of complaints and the actions taken in response to the complaint, if relevant, in an electronic or written manner deemed reasonable to document the interaction. If kept, this record can then be made available for City inspection upon request to investigate a complaint.

C. Inspection. Upon application for an operating license all short-term rentals shall be subject to inspection by the City for compliance with this section.

1. The City Manager may conduct a site visit upon an application for a short-term rental to confirm the number of bedrooms (as defined by the International Building Code) stated on the application and the number, location and availability of on-site parking spaces. The site visit will be coordinated with the applicant and be conducted during the City’s normal business hours, and with reasonable notice.

2. The City Manager may visit and inspect the site of a short-term rental to ensure compliance with all applicable regulations, during the City’s normal business hours, and with reasonable notice and other procedural safeguards as necessary. Code violations shall be processed in accordance with HRMC Title 1.

D. Specific Prohibitions. The following  activities are prohibited on the premises of a Short-term Rental during periods of transient rental:

1. Events.  Examples of events include, but are not limited to, company retreats, weddings, rehearsal dinners, etc.

2. Unattended barking dogs.

3. Activities that exceed noise limitations set by HRMC Title 8.09.

E. The maximum overnight occupancy for the dwelling shall be limited to two persons per bedroom (as defined by the International Building Code) and two additional persons (e.g., a two-bedroom dwelling is permitted a maximum overnight occupancy of six persons). The maximum daytime occupancy shall be limited to the overnight occupancy plus six additional persons (e.g., a two-bedroom dwelling is permitted a maximum daytime occupancy of twelve).

F. Administrative Rules. The City Manager shall have the authority to establish administrative rules and regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the provisions of this chapter. A copy of such administrative rules and regulations shall be on file in the Office of the City Recorder and be posted on the City website.

5.10.100 Violations.

In addition to complaints related to nuisance and noise and other violations of the HRMC, the following conduct also constitutes a violation of this chapter and is a civil infraction:

A. The discovery of material misstatements or providing of false information in the application or renewal process.

B. Representing a dwelling as available for occupancy or rent as a short-term rental where the owner does not hold a valid operating license issued under this chapter, or making a short-term rental available for use, occupancy or rent without first obtaining a valid operating license.

C. Advertising or renting a short-term rental in a manner that does not comply with the standards of this chapter.

D. Failure to comply with the substantive standards of HRMC 5.10.080 and HRMC 5.10.090.

5.10.110 Penalties.

A. In addition to the fines and revocation procedures described below, any person or owner who uses, or allows the use of, or advertises, property in violation of this chapter is subject to the enforcement authority of HRMC Title 1.

B. Each twenty-four hour period in which a dwelling is used, or advertised, in violation of this chapter or any other chapter of the HRMC shall be considered an occurrence for calculation of the following fines:

1. The first occurrence of one or more violation(s) will incur a warning or other fine amount otherwise specified in HRMC, whichever is greater.

2.  A second occurrence of one or more violation(s) within a 12-month period is subject to a $250 fine or other fine amount otherwise specified in HRMC, whichever is greater.

3. A third occurrence and all subsequent occurrences of violation(s) within a 12-month period is subject to a $500 fine or other fine amount otherwise specified in HRMC, whichever is greater.

C. Revocation.  The following actions are grounds for immediate revocation of an operating license:

1. Failure to renew an operating license as set forth in HRMC 5.10.070 while continuing to operate a short-term rental.

2. The occurrence of three or more violations within a 12-month period resulting in fines pursuant to 5.10.110.B3.

3. The discovery of material misstatements or providing of false information in the application or renewal process is grounds for immediate revocation of the operating license.

4. Such other violations of this chapter of sufficient severity in the reasonable judgment of the City Manager, so as to provide reasonable grounds for immediate revocation of the operating license.

D. Notice of Decision/Appeal/Stay. If the operating license is revoked as provided in this section, the City Manager shall send written notice of revocation to the licensee stating the basis for the decision. The notice shall include information about the right to appeal the decision and the procedure for filing an appeal. The licensee may appeal the City Manager’s decision to revoke the operating license under the procedures set forth in HRMC 5.10.120. Upon receipt of an appeal, the City Manager shall stay the revocation decision until the appeal has been finally determined by the Hearing Officer. 

5.10.120 Appeals of Short-term Rental Operating License Determinations. 

A. Filing Requirements – Notice. The licensee or authorized agent may appeal a short-term rental operating license decision to deny or revoke an operating license under HRMC 5.10.100.

B. Authority to Decide Appeal. The Hearings Officer shall be responsible for determining an appeal of a decision approving or denying an application or renewal application for an operating license, or revoking or suspending an operating license, in any zone.

C. Time for Filing. An appellant is required to file a written notice of appeal including the basis for the appeal within 14 calendar days of the license determination being appealed. This requirement is jurisdictional and late filings shall not be allowed.

D. Fee for Appeal. The City Council may establish by resolution a fee for filing an appeal, which shall be jurisdictional.

E. Procedures. The City Manager may establish administrative procedures to implement the appeal procedures provided in this section, including any required forms. The Council may adopt procedures for hearings not in conflict with this section, including but not limited to time limits on oral testimony and limitations on written argument.

F. Hearing. Within 35 days of receiving the notice of appeal, the City Manager shall schedule a hearing on the appeal before the Hearings Officer. At the hearing, the appellant shall have the opportunity to present evidence and arguments as may be relevant. The Hearings Officer may direct the City Attorney to draft findings of fact and interpretations of code or law to be considered at a later meeting.

G. Standard of Review and Decision. The Hearings Officer shall determine whether the City’s decision was based on a preponderance of the evidence. A decision of the Hearings Officer shall be based on the evidence received, in writing and signed by the chair, no later than 30 days after the close of the hearing. The Hearings Officer may determine not to suspend or revoke the license, or to revoke or suspend the license. If the Hearings Officer upholds the decision to revoke the operating license, the Hearings Officer shall order the licensee to discontinue use as a short-term rental. If the Hearings Officer reverses the decision to revoke the operating license, the operating license shall be continued.

H. Finality. The Hearings Officer’s decision shall be final on the date of mailing the decision to the appellant. The Hearings Officer’s decision is the final decision of the City and is appealable only by writ of review to Circuit Court.

5.10.130 Discontinuance of Short-term Renal Occupancy.

A. After Revocation. After a short-term rental operating license has been revoked, the dwelling unit may not be used or occupied as a short-term rental unless a subsequent license is granted, and the licensee whose license has been revoked shall not be eligible to reapply for a short-term rental license for short-term rental occupancy of the same property for a period of two years.

B. After Expiration. If a short-term rental operating license expires, the dwelling unit may not be used or occupied as a short-term rental until such time as a subsequent license has been granted for that property.


5.10.140 Remedies Not Exclusive.
The remedies provided in this chapter are in addition to, and not in lieu of, all other legal remedies, criminal and civil, which may be pursued by the City to address any violation of this code, the Development Code, or other public nuisance.
  


CHAPTER 5.12 – PEDDLERS AND SOLICITORS

Legislative History: Ord. 1777 (1999); Ord. 1730 (1996); Ord. 1577 (1986);

Ord. 1527 (1983); Ord. 921 (1949)

Sections:
5.12.010 Definitions.
5.12.020 Permit and license--Required.
5.12.030 Permit and license--Application--Required information--Fee.
5.12.040 Permit and license--Investigation and issuance--Surety in lieu of investigation.
5.12.050 Investigation fee--Waiver.
5.12.060 License--Revocation.
5.12.070 Appeal procedures.
5.12.080 License--Expiration.
5.12.090 License--Exhibition requirements.
5.12.110 Exclusivity of location use and public inconvenience prohibited.
5.12.120 Receipt and requirements for taking orders.
5.12.125 Limitation on hours of solicitation
5.12.130 Violation--Penalty.
5.12.140 City records or licenses and violations.
5.12.150 Exemption from provisions.

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5.12.010 Definitions.  The following words as used in this chapter are defined as follows:

A. "Peddler" or "solicitor" means and includes any person whether a resident of the city or not, who goes from house to house or from place to place within the city, taking orders for goods, wares or merchandise or any article or thing of value for present or future delivery or for services to then be performed or to be performed in the future or for the making, manufacture or repair of any article or thing whatsoever for present or future delivery; provided, however, that this shall not be deemed to include regular commercial travelers employed by wholesale houses and selling goods, wares, merchandise and services to merchants of this city, nor to newspaper vendors.

B. "Person" includes the singular and plural, and means and includes any person, firm or corporation, association, club, co-partnership or society or any other organization.

5.12.020 Permit and License - Required.  It is unlawful for any person to engage in the business of peddler or solicitor as defined in Section 5.12.010 within the corporate limits of the city without first obtaining a permit and license therefor as provided in this chapter.

5.12.030 Permit and License - Application - Required Information - Fee.  Applicants for permit and license under this chapter must file with the City Recorder a sworn application in writing, on a form to be furnished by the City Recorder, which shall give the following information:

A. Name and description of the applicant;

B. Address (legal and local);

C. A brief description of the nature of the business and the goods to be sold or services to be performed and in the case of products of farm or orchard whether produced or grown by the applicant;

D. If employed, the name and address of the employer together with credentials establishing the exact relationship;

E. The length of time for which the right to do business is desired;

F. If a vehicle is to be used, a description of the same, together with a license number or other means of identification;

G. A photograph of the applicant taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two-inch by two-inch, showing the head and shoulders of the applicant in a clear and distinguishing manner;

H. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or the penalty assessed therefor;

I. At the time of filing the application the applicant shall pay a nonrefundable investigation fee set by Council resolution.

5.12.040 Permit and License - Investigation and Issuance - Surety in Lieu of Investigation.

A. Upon receipt of such application, the same shall be referred to the Chief of Police who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good, and who shall make a report thereof to the City Recorder within a period of thirty days from the date of the filing of the application.

B. If, as a result of such an investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval and his reasons for the same, and return such application to the City Recorder who shall notify the applicant that his application is disapproved and that no permit and license shall be issued.

C. If, as a result of such an investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit, together with the application to the City Recorder, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature of the issuing officer and shall show the name and address of the licensee, the type of or class of license issued, the kind of goods to be sold or the services to be performed there under, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other information identifying the description of any vehicle used in such peddling.  The City Recorder shall keep a permit record of all licenses issued.

    
 
D. If any applicant for a permit and license is unwilling to receive a license only upon the conclusion of a thirty-day period of investigation as provided in this section, and he desires the issuance of a license immediately upon application for such permit, he may deposit with the City Recorder a cash or good and sufficient surety bond in the sum of one thousand dollars conditioned upon the making of final delivery of the goods ordered or services to be performed in accordance with the terms of such order or failing therein, that the advanced payment of such order be refunded.  Thereupon such license or licenses may immediately be issued.  Any person aggrieved by the action of any peddler or solicitor shall have a right of action on the bond for the recovery of money or damages or both.  Such bond shall remain on deposit for a period of six months after the expiration of such license, unless sooner released by the City Council.

5.12.050 Investigation Fee - Waiver.  No investigation fee required to be paid under Section 5.12.030 shall be required of any person selling goods or merchandise or performing services on a purely nonprofit basis for charitable, educational or religious benefit, or if a person claims to have the right under state or federal law to peddle or solicit in the city without payment of an investigation fee, provided such facts are established by the applicant to the satisfaction of the City Recorder.

5.12.060 License - Revocation.  Any license may be revoked by the City Recorder for the violation of any of the ordinances of the city or of any state or federal law, and whenever such peddler or solicitor, in the judgment of the City Recorder, ceases to possess the character and qualifications required by this chapter for the issuance of such permit.

5.12.070 Appeals Procedures.  Any person aggrieved by the action of the Chief of Police or City Recorder in the denial of an application for permit or license as provided in Section 5.12.040, or in the decision with reference to the revocation of a license as provided in Section 5.12.060, shall have the right of appeal to the Council.  Such appeal shall be taken by filing with the Council within ten days after notice of the action complained of has been mailed to such person's last known address, a statement setting forth fully the ground for appeal.  The Council shall set a time and place for a hearing of such appeal and notice of such hearing shall be given to the applicant by the mailing thereof, postage prepaid to the appellant, at his last known address, at least five days prior to the date set for hearing.  The decision and order of the Council on such appeal shall be final and conclusive.

5.12.080 License -Expiration.  All annual licenses issued under the provisions of this chapter shall expire on the thirty-first day of December in the year when issued. All other licenses shall expire on the date specified in the license.  Any licensee holding an expired license shall, in order to obtain a new license, make application therefor and follow all of the requirements of this chapter as fully as if no license had ever been issued to him.

5.12.090 License - Exhibition Requirements.  Peddlers or solicitors are required to exhibit their licenses at the request of any police officer or of any citizen.

5.12.110 Exclusivity of Location Use and Public Inconvenience Prohibited.  No peddler or solicitor shall have any exclusive right to any location on the public streets nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operation might impede or inconvenience the public.  For the purpose of this chapter, the judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.


5.12.120 Receipt and Requirements for Taking Orders.  All orders taken by licensed solicitors shall be in writing in duplicate, stating the name as it appears on the license, and address, of both the solicitor and his employer, the terms whereof and the amount paid in advance, and one copy shall be given the purchaser.

5.12.125   Limitation on Hours of Solicitation.  No person, whether or not the person is required to be licensed under this chapter, shall go from residence to residence or from place to place within the city for the purpose of peddling, soliciting, poll taking, conducting a survey, or for any other purpose without the invitation of the persons residing or working within such locations, after 8 p.m. or before 8 a.m.

5.12.130 Violation - Penalty.  Any person who violated or causes a violation of any provision of this chapter shall be deemed guilty of an offense, and shall be subject to the punishment as prescribed in Chapter 1.12 of the Hood River Municipal Code.

5.12.140 City Records of Licenses and Violations.  The Chief of Police shall report to the City Recorder all convictions for violation of this chapter and the City Recorder shall maintain a record for each license issued and record the reports of the violation thereof. 

5.12.150 Exemption from Provisions.  This chapter shall not apply to the peddlers or solicitors of, or taking orders for the sale of any fruits, vegetables, berries, butter, eggs, milk, poultry, meats or farm products raised or produced, by such peddler or solicitor.




CHAPTER 5.16 - SECURITY PATROL SERVICES

Sections:
5.16.010 Security patrol service or system defined
5.16.020 Security patrol license and employee permits required
5.16.030 License--Application--Required information
5.16.040 License--Investigation and recommendation
5.16.050 Security bond--Requirements
5.16.060 Employee permits--Application--Issuance conditions
5.16.070 Licenses and permits--Terms and conditions-- Suspension and revocation
5.16.080 Appeal procedure
5.16.090 Licenses and permits--Duration--Transferability
5.16.100 Licenses and permits--Renewal
5.16.110 Licenses and permits--Fees
5.16.120 Violation--Penalty

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5.16.010 Security Patrol Service or System.

A. For the purpose of this chapter, the words "security patrol service" and "security patrol system" shall be deemed to be any service or system which purports to furnish or does furnish to members or subscribers for a consideration, or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any district in the city, or to guard or watch any property, or to perform any service usually and customarily performed by the regular patrolmen of the police department of the city.  "Security patrol services" and "security patrol systems" also includes the performance by any person on guard duty at a public function, while wearing a type of uniform which would indicate that such person is a peace officer.

B. "Security patrol service" and "security patrol system" shall not include any individual that has only one employer and who is employed to watch, guard or protect only the premises, property or person of that employer, or a common carrier engaged in interstate commerce, or an individual employed by such carrier to watch, guard or protect the premises, property or persons traveling on or for such carrier. 

5.16.020 Security Patrol License and Employee Permits Required.  No person, firm or corporation shall, either as principal or agent, engage in the business of conducting or maintaining or soliciting business for any security patrol system or security patrol service without first obtaining a security patrol license from the city to do so.  No person shall be employed as a watchman, guard or security patrol officer by a person, firm or corporation engaged in the security patrol business without first obtaining an employee permit from the city to do so.  Any person, firm or corporation, either as principal or agent, engaging in the bus patrol service or system at the time of the enactment of the ordinance codified in this chapter, and any person employed as a watchman, guard or security patrol officer by a person, firm or corporation engaged in the security control business at the time of the enactment of the ordinance codified in this chapter, shall have a period of thirty days from the date of enactment of the ordinance codified in this chapter, to procure the security patrol license and employee permits required by this section. 

5.16.030 License - Application - Required Information.  Before any person, firm or corporation engages in the business of conducting or maintaining or soliciting business for any security patrol system or service in the city, he shall make application in writing to the City Recorder on a form provided by the city for permission to engage in such business; describe therein the district in which he desires to operate; and shall furnish therewith the following information:

A. The applicant's fingerprints on a standard job applicant fingerprint card;

B. Records or transcripts from all secondary and post high school educational institutions attended;

C. Complete occupational history with names and ad dresses of all previous employers;

D. All home addresses during the preceding three years;

E. Service discharge papers, if applicant has been in the service;

F. Financial statement of current net worth;

G. A minimum of four credit references;

H. A minimum of four personal references as to the applicant's character and morals;

I. A general written consent authorizing the release of any and all information concerning the applicant to the city in connection with the investigation to determine the applicant's eligibility for such license;

J. Any other information which the city reasonably deems necessary.  In the event the applicant is a corporation or partnership, the aforesaid information shall be furnished, insofar as applicable, for the business entity and for each partner, officer, stockholder holding more than twenty percent of the stock of a corporate applicant, and managing employee.  In addition to the information above required, the applicant may furnish additional information bearing on the applicant's qualifications for issuance of such license.

5.16.040 License - Investigation and Recommendation.  The City Recorder, upon receipt of the application for security patrol license and allied papers required by Section 5.16.030, shall refer such application and allied papers to the Chief of Police, who shall personally or by means of a subordinate make an investigation of the applicant's suitability to engage in a security patrol business.  The Chief of Police shall have fourteen days from his receipt of the application to report the results of his investigation to the City Recorder.  If the Chief of Police makes the affirmative findings pursuant to this chapter, he shall recommend to the City Recorder that a security patrol license be issued to the applicant. 

5.16.050   Security Bond - Requirements. Prior to the issuance of a security patrol license, the applicant shall furnish and, at all times while the license is in force, shall maintain a surety bond in favor of the city for the benefit of the city and all persons who are damaged or may be damaged as a result of any action or omission of the applicant or the applicant's agents or employees in the conduct of the security patrol business, issued by an authorized corporate surety in the amount of not less than ten thousand dollars. 

5.16.060 Employee Permits - Application - Issuance Conditions.

A. Before any person shall be employed as a watchman, guard or security patrol officer, by a person engaged in the security patrol business, he shall make application in writing to the City Recorder on a form provided by the city for an employee permit to be so employed.  Annexed to the application shall be the same information as is required of an applicant for a security patrol license, as provided in Section 5.16.030.  Upon receipt of the application for employee permit and the required information appended thereto, such application shall be referred to the Chief of Police, who shall personally or by means of a subordinate make an investigation of the applicant's suitability for employment and shall, within fourteen days of his receipt of the application, report his findings to the City Recorder. The Chief of Police shall recommend that the applicant's employee permit be issued if he makes the following affirmative findings of fact concerning the applicant:

1.  The applicant is of good moral character and has never been convicted of a felony of any kind or a misdemeanor involving a breach of trust or moral turpitude, or of a violation of any law or ordinance concerning possession or use of firearms;
2.  The applicant is of sufficient financial responsibility to avoid undue temptation for dishonesty;
3.  The applicant is of adequate ability by reason of training or experience to adequately perform the duties of his employment.

B. If the Chief of Police finds that the applicant does not meet the aforesaid qualifications and conditions, he shall recommend to the City Recorder that the application shall be denied, and the City Recorder shall not then issue an employee permit to the applicant. 

5.16.070  Licenses and Permits - Terms and Conditions - Suspension and Revocation.

A. Any security patrol license or employee permit issued under the terms of this chapter shall be issued upon the following terms and conditions:

1. All security patrol services or systems shall be operated and conducted under the general supervision of the Chief of Police;
2. Uniforms and vehicles used by a licensee or permit holder shall not be the same as or deceptively similar to those used by the Hood River police department or of any other public law enforcement agency in the geographical area. All uniform and vehicle designs and identifying marks shall be approved by the Chief of Police prior to use;
 3. That the persons operating any patrol service or system in the city and their employees comply with all state statutes concerning (a) security patrol, (b) guard agencies, and (c) the use and possession of firearms;
 4. That neither the person operating any security patrol system or service business nor their employees shall engage in chronic or frequent intoxication or intoxication while on duty;
5. That the persons operating the security patrol business or their employees have not themselves, or on behalf of the security control business, filed a petition for bankruptcy or become insolvent;
 6. That the Chief of Police be furnished the names and addresses of all new accounts and notification of the loss of previous accounts. This information must be furnished by the security patrol business within ten days of the opening or closing of all commercial accounts;
7. That all persons operating security patrol businesses and their employees report immediately to the Hood River police department any and all information concerning or relative to criminal or suspected criminal activity within the city;
8. That within seventy-two hours of the termination of employment of a person holding an employee permit, written notice shall be given by employer to the Chief of Police. Failure to give this notice shall result in revocation of the license of the employer;
9. Any license holder ceasing to do business within the city shall, within seventy-two hours of ceasing to do business for a period of seventy-two hours or more under such license within the city, give written notice to the Chief of Police of the cessation of business under the license.

B. Upon breach of any of the conditions set out in this section, or occurrence of any circumstances which would justify the refusal to issue a license or permit in the first instance under the terms of this chapter, or a finding of misrepresentation on any information furnished in or appended to the application for a license or employee permit, such license or employee permit, or both, may be revoked or suspended upon recommendation of the Chief of Police, and after notice of such revocation or suspension has been received by the holder of the license or employee permit. 

5.16.080 Appeal Procedure.  Any security patrol service or system or employee thereof which has been denied a security patrol license or employee permit, or who has previously been issued such license or permit which has been subsequently revoked under the provisions of this chapter, shall have the right of appeal to the city Council for the purpose of reconsideration of the action under this chapter of denial, revocation or suspension of the license or permit. Any request for appeal shall be presented to the City Recorder within fifteen days of the date of denial or revocation of the license or permit. If such appeal is timely filed, the city Council shall hold a public hearing on the appeal within forty-five days of the filing of the notice of appeal. Such public hearing shall be preceded by notice published in a newspaper of general circulation in the city, setting forth the purpose, time and place of hearing, at least ten days prior to the date of the hearing. In reaching a decision on the appeal, the city Council shall be bound by the same standards that pertain to the initial issuance or revocation of the license or permit as set forth in this chapter.

5.16.090 Licenses and Permits - Duration - Transferability.  Security patrol licenses and employee permits issued under this chapter create no vested rights, are not transferable and may be revoked or suspended for cause under the terms of this chapter at any time.  Licenses and employee permits shall be issued on a calendar year basis to expire on December 31st of the year for which issued; provided, however, that if the initial license or employee permit is issued on or after November 1st, it shall be valid for the remainder of the current year and for the next following calendar year. 


5.16.100 Licenses and Permits - Renewal.  At least thirty days prior to the expiration of any security patrol license or employee permit; and upon any change in the officers, managing employees, principal stockholders or partners of a corporate or partnership licensee; the holder of such license or permit shall apply to the Chief of Police for renewal thereof.  The application for renewal shall contain the same information as is required for an initial application or, in the alternative, a statement of the particulars in which the information furnished within the original application has changed.  Upon such investigation as the Chief of Police deems proper, the license or permit shall be renewed if it is found that the applicant for renewal remains qualified as in the case of an original application.

5.16.110 Licenses and Permits - Fees.  Every person, firm or corporation that makes initial application for a security patrol license shall pay a license fee set by Council resolution.  Upon each succeeding application for renewal of a previously issued security patrol license, a fee set by Council resolution shall be paid.  Every person submitting an initial application for an employee permit, under the terms of this chapter shall pay an initial license set by Council resolution.  Each annual application for annual renewal of a previously issued employee permit shall be accompanied by a license fee set by Council resolution.  All fees accompanying applications for security patrol licenses and employee permits, or for their renewal, shall be nonrefundable to the applicant.  The fee schedule established in this section is established on a basis to substantially defray the direct and indirect costs to the city in investigating applicants, monitoring the security patrol business and administering the terms and conditions of this chapter.

5.16.120  Violation - Penalty.

A. Any person or persons, association of persons, firm or corporation, or any agent representative thereof, or any of them who engages or carries on within the corporate limits of the city the business of conducting or maintaining or soliciting business for any security patrol service or system without first having paid the license fee and obtained the license there for, as required by this chapter, shall be deemed guilty of a violation of this chapter and shall, upon conviction, be punished by a fine in the sum not to exceed two hundred dollars, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment.

B. A person or persons, association of persons, firm or corporation, or any agent representative thereof, or any of them who engages in or carries on within the corporate limits of the city the business of conducting or maintaining or soliciting business for any security patrol service or system, without possessing valid and in-force employee permits for all employees engaged in such business and having paid the permit fee required by this chapter shall be deemed guilty of a violation of this chapter and shall, upon conviction, be punished by a fine in the sum not to exceed two hundred dollars, or by imprisonment not to exceed ten days, or by both such fine and imprisonment.

C. Each day that a violation of this chapter continues shall be considered a separate offense. 

 

CHAPTER 5.20 - TAXICABS

* For statutory provisions on liability insurance needed

by carriers, see ORS 825.160.

Sections:
5.20.010   Applicability of Provisions
5.20.020   License - Required
5.20.030   License - Application - Required Information
5.20.040   License - Duration - Investigation and Report
5.20.050   License - Issuance Conditions
5.20.060   Service Rates - Establishment - Exhibition Required
5.20.070   Vehicle Requirements - Annual Inspection
5.20.080   Insurance Requirements
5.20.090   License - Fee
5.20.100   Carrying Unlawful Material Prohibited
5.20.110   License - Transferability
5.20.120   Cab Driver Permit - Required
5.20.130   Cab Driver Permit - Issuance Conditions
5.20.140   Cab Driver Permit - Fees - Renewal
5.20.150   Cab Driver Permit - Revocation
5.20.160   Cab Driver Permit - Appeal
5.20.170   License - Revocation
5.20.180   Effect of Notice
5.20.190   Violation - Penalty
5.20.200   Franchise Agreements


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5.20.010 Applicability of Provisions.  This chapter shall apply to those who operate taxicabs from another city and who regularly solicit and do business within this city, but shall not apply to those who operate taxicabs from another city and from that city bring a fare into this city and who then may not solicit but take a fare from this city to the city in which they regularly operate taxicabs. (Ord. 1439, 1978)

5.20.020 License - Required.  No person shall operate the business of a taxicab in the city without first being licensed as provided in this chapter.  "Operate the business of a taxicab" as used in this chapter means the regular solicitation and acceptance of fares or the carrying of packages for a fee within the city.  (Ord. 1751, 1998; Ord. 1439, 1978)

5.20.030 License - Application - Required Information.  The application for taxicab license shall make application and provide the following information:

A. Name and business address of resident owner or owners of the business or in the case of a corporation those owning more than twenty percent of the stock of such corporation;

B. Make, year, type, passenger seating capacity and license number of each vehicle for which application is made;

C. A statement whether the owner or owners of the business or those having an interest in more than twenty percent of the corporate stock have ever been convicted of any crime, misdemeanor, or violation of municipal ordinance other than parking or minor traffic violation;

D. Such other information as the Chief of Police may deem necessary for the proper protection of the public.  (Ord. 1751, 1998; Ord. 1439 §2, 1978)

5.20.040 License – Duration - Investigation and Report.  A taxicab business license shall be renewable annually on or before January 15th.  Before any license if granted the City Recorder shall direct the Chief of Police to conduct an investigation of the applicant and in connection therewith may require the applicant to be fingerprinted.  The Chief of Police shall, within thirty days of receipt by the City Recorder of the request for license, make his report as to the applicant's financial ability and whether applicant has prior convictions for violations as set forth in subsection C of Section 5.20.030. (Ord. 1751, 1998; Ord. 1439, 1978)

5.20.050 License - Issuance conditions.  The city Council, upon receiving the report, shall approve or disapprove the request for a taxicab business license.  The Council may deny any application for a license if it finds that:

A. The applicant's financial responsibility and experience would be such that his operation of a taxicab business would pose a reasonable hazard to the public health, safety and welfare of the citizens of the city.

B. The applicant or officers thereof have prior criminal convictions.

C. Such other reasons as the Council deems proper. (Ord. 1751, 1998; Ord. 1439, 1978)

5.20.060 Service Rates - Establishment - Exhibition Required.  The Council shall establish by resolution the maximum rates which shall be charged for transport of persons and packages by taxicab.  Each licensee shall file with the City Recorder a schedule of rates to be charged for the services of taxicabs it operates. Each licensee shall post a copy or summary of the rates schedule on file with the City Recorder in plain view of the occupants of the passenger compartment and no other rate than that so filed and posted shall be charged.  (Ord. 1439, 1978; Ord. 1884, 2005)

5.20.070 Vehicle Requirements - Annual Inspection.

A. No person shall operate the business of a taxicab in this city unless each vehicle so used is in proper repair and equipped in accordance with the motor vehicle code of this state.   Each vehicle operated as a taxicab shall be subject to an annual safety inspection, according to standards established by the Chief of Police.  The inspection fee shall be established by Council resolution.

B. When service rates are based on a per mile rate, no person shall operate the business of a taxicab in this city unless each vehicle so used is equipped with a working meter or other accurate and verifiable means of measuring the distance traveled. (Ord. 1751, 1998; Ord. 1439, 1978)

5.20.080 Insurance Requirements.  No person shall drive or operate any taxicab within the city unless there is first filed with the City Recorder a policy of public liability insurance issued by a company licensed to conduct business in this state attesting that such insurance company will assume responsibility for injuries to person or property caused by the operation of the taxicab in the amounts indicated by ORS 30.270 unless specifically exempted.  Such policy of insurance shall contain a provision against cancellation except upon thirty day's prior written notice to the city.  (Ord. 1624, 1989; Ord. 1516, 1982; Ord. 1439, 1978)

5.20.090 License - Fees.  The license fee for each vehicle proposed to be used as a taxicab shall be set by Council resolution.  Each license shall be renewable annually on or before January 15th.  An application fee for a license commencing after July 1st shall be set by Council resolution.  The fee shall accompany the application and is not refundable.  (Ord. 1751, 1998; Ord. 1730, 1996; Ord. 1439, 1978)

5.20.100 Carrying Unlawful Material Prohibited.  No person driving or operating a taxicab licensed under this chapter shall make delivery of any package, bottle or other container containing any alcoholic beverage, drug or other thing whose sale is prohibited by statute, ordinance or charter within the corporate limits of the city.  This section shall not permit the carrying of such beverage, drug or thing as an incident to the carrying of passenger in whose lawful possession such item is held.  (Ord. 1439, 1978)

5.20.110  License - Transferability.  No license to operate the business of a taxicab may be sold, assigned, mortgaged or otherwise transferred without prior approval of the city Council.  (Ord. 1439 §10, 1978)

5.20.120 Cab Driver Permit - Required.  No person shall act as a taxicab driver under this chapter unless such person has first obtained the written approval of the Chief of Police and been issued a permit as a taxicab driver by the City Recorder.  (Ord. 1439, 1978)

5.20.130 Cab Driver Permit - Issuance Conditions.  No driver’s permit shall be issued:

A. To a person who has been convicted of a crime involving moral turpitude or a dangerous drug as defined by state statute;

B. To a person convicted of a major traffic offense as defined in the Motor Vehicle Code of the state of Oregon within five years immediately preceding the application for permit, or to a person convicted of driving under the influence within ten years immediately preceding the application for permit;

C. To a person not possessing a valid Oregon or Washington driver’s license, including any license, endorsement or permit required under state law now in effect or as hereafter amended.  (Ord. 1751, 1998; Ord. 1439, 1978)

5.20.140 Cab Driver Permit - Fees - Renewal.  The application for a driver's permit shall be accompanied by payment of the fee as set by Council resolution and shall be renewable annually on or before January 15th.  A request for a renewal not made before January 15th of the new year shall be treated as a new application.  (Ord. 1751, 1998; Ord. 1751, 1998; Ord. 1439, 1978)

5.20.150 Cab Driver Permit - Revocation.  The City Recorder may revoke a driver's permit upon a finding by the Chief of Police reported in writing to the City Recorder that a condition exists or has existed that would make such driver ineligible to obtain such a permit.  (Ord. 1439, 1978)

5.20.160 Cab Driver Permit - Appeal.  Any decision of the City Recorder not to issue a driver's permit or to revoke a driver's permit may be appealed to the Council within fifteen days after the City Recorder's decision thereon has been made and if not so appealed will be final.  (Ord. 1439, 1978)

5.20.170 License - Revocation.  The Council may revoke the taxicab license of any holder upon finding that such holder has violated any provision of this chapter.  Written notice of intention to revoke together with a statement of the reasons therefor shall be given to the holder not less than seven days nor more than twenty-one days before the final hearing on the proposal to revoke.  The failure of the holder to file written objections thereto more than forty-eight hours prior to the time for hearing shall constitute sufficient evidence of the violation so charged that the Council may revoke without a full hearing.  (Ord. 1439, 1978)

5.20.180 Effect of Notice.  Any notice to a licensee or permittee shall be sufficient if sent by certified mail to such licensee or permittee at the address given on the most current license or permit application or renewal with the running of time to start the day following the mailing of such notice.  (Ord. 1439, 1978)

5.20.190 Violation - Penalty.  Violations of this chapter shall be punished by a fine of not more than three hundred dollars or imprisonment of not more than thirty days, or both, and each day for which such violation occurred shall constitute a separate offense.  (Ord. 1439, 1978)

5.20.200 Franchise Agreements.  Nothing in this chapter shall limit the right of the Council to grant an exclusive or non-exclusive franchise for operation of a taxicab in the city.  (Ord. 1624, 1989)

 

CHAPTER 5.24 - USED ARTICLE DEALERS

Sections:
5.24.010 License--Required--Applicability of provisions
5.24.020 License--Application--Fees--Investigation--Appeals
5.24.030 License--Issuance
5.24.040 License--Transferability
5.24.050 License--Exhibition requirements
5.24.060 License--Cancellation
5.24.070 Purchases--Record requirements
5.24.080 Purchases--Restrictions
5.24.090 Sales--Restrictions
5.24.100 Enclosure requirement
5.24.110 Compliance with state law required
5.24.120 Violation—Penalty

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5.24.010 License - Required - Applicability of Provisions.

A. It is unlawful for any person to commence or continue, as a substantial part of his business, the collection, lending money upon, purchase, exchange and sale of used articles without having first secured from the city a license to do so.  Whenever "person" is used in this chapter, it means and includes any person, firm, partnership, association, company or organization of any kind.

B. This chapter shall not apply to a person dealing in new and used automobiles, new or used furniture, new or used farm implements and machinery, or conducting a similar business when the used automobiles, furniture, farm implements or machinery is taken in by such person as a part of the sale of a new item; but shall be deemed to apply to those places which devote a substantial portion of their business to the buying, selling, exchanging or lending upon used articles. 

5.24.020 License - Application - Fees - Investigation - Appeals.

A. Every person desiring to engage, as a substantial portion of his business, in the collection, acquisition and purchase of used articles shall, before engaging in such business, file his application with the City Recorder. The application shall state his name, residence, the street and number of the location of his business and the name or names of the owner or owners thereof; and if a corporation, the names of the three largest stockholders; and if an assumed name, the name and addresses of all interested parties.

B. The license fee for a general used article, store, junk dealer or pawnbroker shall be twenty-five dollars per calendar year.  The license fee required in this section shall be payable annually and shall expire on December 31st of each calendar year in which such license is issued.  The license fees shall not be prorated for the balance of any calendar year.  No license shall be issued for any less sum than set out in this section during any portion of a calendar year.

C. Such application shall be referred to the Chief of Police, who shall cause an investigation to be made as to the reputation of the applicant as a law abiding citizen, and he shall ascertain from the applicant the character of the place which he intends to operate.  The Chief of Police shall approve or disapprove in writing the application and return it to the City Recorder.

D. In case of disapproval by the Chief of Police, the applicant may then appeal to the City Council from such refusal to grant the license.  The Council shall thereupon hold a hearing of all matters pertinent thereto, and notify the applicant to attend and present his case.  The Council shall then make its own determination as to whether the license should be issued. 

5.24.030 License - Issuance.  In case of approval by the Chief of Police or subsequent approval by the Council, the City Recorder shall issue the license for the remainder of the calendar year. 

5.24.040 License - Transferability.  No license granted under the provisions of this chapter shall be assignable. All license renewals issued pursuant to this chapter shall be made in the same manner as for the initial issuance of a license. 

5.24.050 License - Exhibition Requirements.  Each license so secured shall be posted in a conspicuous place in the place of business for which it has been issued.  The license shall show on its face the date of its expiration.

5.24.060 License - Cancellation.  The Council may cancel any license issued under this chapter for a violation thereof in any court.  The Council may cancel upon its finding that the licensee, employee or person in charge of the licensed premises is or has been in violation of any ordinance of the city in connection with the operation of the licensed business; provided, that not less than three days' written notice has been delivered to the licensee personally or such notice has been left attached to a door of the licensed premises. 

5.24.070 Purchases - Record Requirements. The City Recorder is authorized and directed to prepare blanks in tabulated form, to be filled out in ink by the licensee giving such information as he deems necessary for the ready identification of goods purchased or acquired by the licensee.  Each such licensee shall make up a record of all purchases, as determined necessary by the Chief of Police at the time of purchase, upon the forms provided by the City Recorder; and keep them in an orderly manner for a period of two years, open for inspection of and delivery to police officers.  Such licensee shall require the seller of merchandise to sign the form reporting the purchase of the merchandise and to affix his address to the form.

5.24.080 Purchases - Restrictions.  No purchase or acquisition of items subject to this chapter may be made from any person under the age of eighteen years unless he is accompanied by one of his parents or his guardian, which parent or guardian must also sign the form mentioned under Section 5.24.070, and no such purchase or acquisition may be made from any person incapable of intelligent dealing or under the influence of narcotic drugs or intoxicating liquor. 

5.24.090 Sales - Restrictions.  No used article so purchased or acquired shall be sold if any police officer of the city notifies the purchaser not to sell the same or permit the same to be removed from the premises, but the restriction upon sale may not exceed ten days. 

5.24.100 Enclosure Requirements.

A. A person conducting a secondhand goods business shall conduct such business in either a building or an enclosure surrounded by a solid wall, evergreen hedge or painted board fence at least six feet high and of such character as to prevent view of the goods from without the property.

B. The wall, fence or hedge shall be maintained in a good, slightly condition and in good repair at all times.

C. This section shall be read in conjunction with the provisions of the zoning ordinances of the city, and shall be construed as an amendment of those provisions only so far as the section sets up additional or further requirements or changes requirements in connection with the operation of a used article business, junk dealer or pawnbroker.

5.24.110 Compliance with State Law Required.  Any person engaged in a business affected by this chapter shall comply with the state law with reference to such business, in addition to complying with the provisions of this chapter.

5.24.120 Violation - Penalty.  Any person violating this chapter shall be subject to a fine of not less than five dollars and not exceeding the sum of two hundred dollars, or shall be subject to be imprisoned in the city jail for a period not exceeding thirty days, or to both fine and imprisonment. 



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