5.48.080 Issuance, Renewal or Revocation of Permit.
A. The police chief shall deny an application for issuance or renewal of a permit or revoke an issued permit if the police chief has probable cause to believe any of the following conditions exist:
1. The applicant, or any person who either owns, manages, operates or shares in the ownership, management, or operation of the second-hand business, has owned or operated a second-hand business regulated under this ordinance or any substantially similar ordinance and, within the five years prior to the application date:
a. has had a second-hand business permit revoked for a reason that would be grounds for a denial or revocation pursuant this ordinance, or
b. the second-hand business has been found to constitute a public nuisance.
2. The applicant, or any person who either owns, manages, operates or shares in the ownership, management, or operation of the second-hand business, has been convicted of a felony or any crime involving a false statement or dishonesty within 15 years prior to the application date.
3. The applicant has:
a. knowingly made a false statement in the application,
b. knowingly omitted information requested to be disclosed in the application, or
c. completed the application with reckless disregard for the truth or accuracy of the statements made therein.
4. A lawful inspection of the second-hand business premises by the police chief has been unjustifiably refused by the applicant or a person who either owns, manages, operates, or shares in the ownership, management, or operation of the business.
5. The second-hand business, the applicant, or any person who either owns, manages, operates or shares in the ownership, management, or operation of the second-hand business has more than four infractions under the McMinnville Municipal Code, any State or Federal law, or any combination thereof within a two-year period, including the two years prior to the application date. The police chief will review those infractions and utilize that information in determining whether or not to issue or renew a permit.
6. There is clear and convincing evidence of substantially more criminal activity within 500 feet of the second-hand business as compared to other similar businesses located in the city.
B. Notwithstanding the requirements of subsection A of this section, the police chief may grant, renew, or not revoke a second-hand merchant permit despite grounds for denial, nonrenewal, or revocation if the police chief concludes that the applicant has established more likely than not that the basis for denial or revocation:
1. Is unlikely to recur,
2. Is remote in time, or
3. Is not reasonably related to the purpose of this ordinance.
C. If the police chief approves an application for a second-hand merchant permit or application for renewal of a second-hand merchant permit, a permit shall be issued in the name of the second-hand business for the location specified by the applicant in the application form. The permit shall be non-transferable and valid for one year from the date of issue. The permit shall be clearly displayed at the second-hand business in a manner readily visible to the business’s customers.
D. If the police chief denies an application for a second-hand merchant permit or application for renewal of a second-hand merchant permit or orders the revocation of an issued second-hand merchant permit, the applicant may appeal the decision to McMinnville municipal court. All appeals must be made by submitting a formal request to McMinnville municipal court, together with a non-refundable appellate fee as established by city council resolution. (Ord. 4950 §3, 2012).