HomeMy WebLinkAbout1972-1470 Jy `
ORDINANCE NO. /4/70
AN ORDINANCE relating to licenses and business regulations; defining
and regulating second hand dealers and providing a
penalty for violations; and amending Sections 5.64.010,
5.64.030, 5.64.040 and 5.64.100 of the City of Yakima
Municipal Code.
• BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 5.64.010 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"5.64.010 Second Hand Dealer Defined. Every person
engaged in the business of buying or selling tangible items
of used personal property, and who is not a pawn broker or
junk dealer licensed by the City, shall be deemed to be a
second hand dealer for the purposes of this chapter. Any
person who conducts a sale of tangible items of used personal
property accumulated or acquired from others for the purpose
of the sale, regardless of the location of the sale, more
frequently than two times in any twelve month period shall
be deemed to be a second hand dealer engaged in business for
the purposes of this chapter; and any person who conducts
such a sale for more than four consecutive days duration shall
be deemed to be a second hand dealer engaged in business for
the purposes of this chapter."
• Section 2. Section 5.64.030 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"5.64.030 License Required -- Application- -Fee. No person
shall engage in business as a second hand dealer in the City of
Yakima unless that person is the holder of a valid and current
license issued by the City of Yakima. In order to procure a
license, application shall be made to the office of the Yakima
City Clerk on an application form furnished by that office,
which application shall contain the name of the applicant, the
place where applicant proposes to conduct business and the name
under which the business is to be conducted; if the business
is a partnership, the partners shall be named; if the business
is a corporation, the officers thereof shall be named; and in
addition thereto applicant shall supply the City Clerk with
such other and further information as may be required to adminis-
ter the provisions of this chapter. Upon such application
being made, the City Clerk shall issue a second hand dealer-
license to the applicant upon applicant's payment to the City
of a license fee in the amount of $25.00. The license shall
not be transferrable to anyone other than the licensee named
• thereon.
Section 3. Section 5.64.040 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"5.64.040 Terra—Revocation—Hearing A. Term. Licenses
issued pursuant to this chapter shall be issued for a period of
one year.
B. Any such license may be revoked by the City Mana-
ger on any of the following grounds:
1. The failure of licensee to comply with any require-
ment of this chapter;
2. The conviction of licensee of the crime of larceny;
or
3. The conviction of licensee of the crime of receiv-
ing or being . in possession of stolen property.
C. Hearing. A hearing shall be conducted by the City
Manager before any such license may be revoked. Not less
than five days prior to the hearing, the City Manager shall
give written notice to licensee of the time and place of such
hearing, which notice shall include a statement of the pur-
pose of such hearing and shall notify the licensee of his
right to be present and be heard at such hearing. After the
hearing is held, the City Manager shall determine whether
grounds exist for revocation of the license, as specified
in this section. The City Manager shall notify the licensee,
in writing, of the City Manager's findings and decision. In
the event a license is to be revoked as a result of such
hearing, the notice to licensee shall specify the effective
date of such revocation."
Section 4. Section 5.64.100 of the City of Yakima Municipal Code
is hcrcby amended to read as follows:
"5.64.100 Penalty - - Separate Offense. Any person convicted
of violating or failing to comply with any provision of this chap-
. ter shall be punished by a fine not to exceed $250. Every person
convicted of violating or failing to comply with any provision of
this chapter shall be deemed guilty of a separate offense for each
day such violation or failure to comply shall continue, and shall
be subject to the penalty of this section for each and every
separate offense."
Section 5. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as provided
by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this //day of
vz,e2/rn 14.1c , 1972.
, •
I layor
ATTEST:
City Clerk
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