WALDPORT MUNICIPAL CODE

 TITLE 5 - BUSINESS LICENSES AND REGULATIONS

Chapters:

5.04            Business Licenses

5.08            Garage Sales

5.12            Itinerant Merchants

5.16            Mobile Vending Stands

5.20            Secondhand Dealers and Precious Metal Dealers

5.24            Social Gambling

5.28            Solicitation

5.32            Taxicabs        

 Chapter 5.04

BUSINESS LICENSES

5.04.010     Definition.
For the purposes of this chapter, the following mean:
    A. Apartment house. A building, portion of a building, or group of buildings on a parcel of land within the City containing two or more dwelling units which are rented, leased, let or made available for compensation for sleeping or living purposes. A building containing two dwelling units shall not be deemed an "apartment house" within the provisions of this section if the owner of the building occupies one of the dwelling units. The term "apartment house" shall include a hotel or motel, automobile or tourist court, rooming or lodging house, and mobile home or trailer park. In the case of mobile homes or trailer parks, the term "dwelling unit" shall mean "space" or "stall".
    B. Business. A lawful enterprise, establishment, store, shop, activity, profession or undertaking of any nature conducted, either directly or indirectly, for private profit or benefit. The term "business" shall include the ownership, management or operation of an apartment house.
    C. Doing, engaging in, or transacting business. Any act or series of acts performed in the course of pursuit of a business activity.
    D. Gaming. Any game, played with or without the aid of a machine or device, for which a fee to play is charged.
    E. Gaming Device. A device used to play a game, for which a fee to play is charged.
    F. Gaming Table. A table used for gaming other than social gaming as defined in Section 5.04.010(1) of this chapter.
    G. Itinerant Merchant. A person who sells goods, wares or merchandise, offering the same for retail sale or offers goods, wares or merchandise from a vehicle, trailer or cart or a temporary apparatus without making said business permanent and continuous in the city. This definition does not include nonprofit organizations established under and operating within the provisions of Chapter 65 of the Oregon Revised Statutes.
    H. Mobile Vending Stand. A structure, cart, trailer or stand which is movable from place to place, and is used for the purpose of selling foods, soft drinks or other nonalcoholic beverages to the public directly or indirectly and is equipped to dispense food or beverage and/or prepare the food or beverage for consumption. A mobile vending stand does not contain space for customers to enter the stand to purchase or consume products.
    I. Social Game. Means:
         1. A game other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation of the social game; and
         2. If authorized pursuant to this chapter, a game, other than a lottery, between players in a private business, private club or place of public accommodation where no house player, house bank or house odds exist and there is no house income from the operation of the social game.
    J. Sub-Dealer. Any person renting or leasing an area, space or booth from a larger business, such as a mall, for the selling of goods or services, on a personal operation or consignment basis, for the purpose of personal profit.
    The word "person," as used in this chapter, means any individual, firm, company, association, copartnership or corporation; and the singular shall include the plural, and the masculine shall include the feminine.

5.04.020     License required.
    It is unlawful for any person who is not exempt from buying a license under the provisions of this chapter or expressly exempted by any other state or federal law to conduct, engage in, carry on or practice any business, trade, occupation, profession or calling within the corporate limits of the city of Waldport, without securing a license from the city recorder and paying the fee prescribed by city council resolution.

5.04.030     Application for license.
    Any person conducting, engaging in, carrying on, or practicing any trade, business, occupation, profession or calling must be licensed and shall, at the time of procuring said license, make application to the city recorder, and shall state under oath or affirmation such facts as may be applicable to said license to the city recorder; and upon presentation of the receipts therefor, the recorder shall issue said license to applicant with a certificate of payment stating all particulars, kind of license issued, amount paid therefor, the period of time thereunder and the location of the place of business at which said business, trade, occupation, profession or calling is to be conducted, engaged in, carried on or practiced.

5.04.040     Relocation of business— License not assignable.
    No license granted or issued under any of the provisions of this chapter shall in any manner be assignable or transferable, or shall authorize any person other than the person or entity named therein to do business, or shall authorize any other business than is therein named or mentioned to be done or transacted, or shall authorize the operation or conduct of a business at any place or location other than that set out in said license. In the event that the holder of any license shall desire to move such business to another location, within the city of Waldport prior to the expiration of the license, the holder may apply for and be issued an amended license for the new location, upon surrender of the prior license, for the remainder of the term of the prior license. An applicant for reissuance of an existing license shall not be required to pay a business license fee in the full amount as required in the case of a new or renewal application, but may be required to pay such fee, if any, as the common council may by resolution establish.

5.04.050     Revocation of license— Appeal.
    If, at any time, it shall be made to appear to the satisfaction of the common council, after a hearing, that any licensee or his or her agent or employee with the knowledge of the licensee shall have violated any of the terms or conditions of such license, or shall have been convicted of a violation of any ordinance or law relating to the operation or conduct of any business or occupation for which a license has been issued to any such licensee, or if such licensee shall knowingly permit, tolerate or allow his or her agent or employee to violate any ordinance or law relating to the operation of the licensed business, or if such person shall be convicted of a misdemeanor or felony under federal law, the laws of the state of Oregon, or the ordinances of this city involving moral turpitude within the city, the common council may revoke said license of licensee, who shall upon revocation cease to have authority thereunder.

5.04.060     Each business.
    The provisions of this chapter shall not be deemed to require a license for each separate business, trade, occupation, calling or profession when that business, trade, occupation, calling or profession is conducted incidental to and as a part of any different business, trade, occupation, calling or profession for which a license has been issued hereunder.

5.04.070     Employees.
    For purposes of this chapter, an employee shall be any person considered an employee under The State of Oregon Department of Revenue regulations as of the date of the ordinance codified in this chapter. The number of employees shall be based on an annual average number of employees.

5.04.080     Charitable and nonprofit organizations.
    The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes, or from which profit is not derived, either directly or indirectly; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any provisions of law requiring a permit from the city to conduct, manage or carry on any profession, trade, calling or occupation.
    For the purposes of this chapter, the operation, rental, maintenance or management of any apartments or other housing facility owned by a housing authority or any other unit or agency of the United States of America, the state of Oregon, Lincoln County, the city of Waldport or any other unit of government or agency thereof shall be deemed an activity carried on for the benefit of charitable purposes and from which profit is not derived, and the same shall be exempt from licensure pursuant to the provisions of this chapter.

5.04.090     Fees.
    The fees shall be fixed by the city council by resolution, and may, in like manner, by amended or altered from time to time, at the discretion of the city council. The annual fees provided by the city council shall be assessed on a fiscal year basis, commencing July 1st and ending June 30th, or portion thereof, and shall expire by limitation on June 30th, of each year following the date of issuance thereof. All license fees extracted or imposed hereunder shall be fees for said fiscal period, and no rebate will be made regardless of whether or not the licensee remains in business for such period of time or ever commences business at any time during the fiscal period.
    All license fees shall be due July 1st, and shall be delinquent after August 31st. License fees paid after August 31st and on or before September 10th shall have a fifteen (15) percent penalty added and shall be immediately collectible. License fees paid after September 10th shall have an additional ten (10) percent penalty imposed and shall be immediately collectible; provided however, that penalties shall not apply to any person starting a business after August 31st. Nothing in this section shall be construed to prevent enforcement of the license fee requirement by any other means available by law. Persons starting in business between January 1st and June 30th shall pay a license fee of one-half the annual rate.

5.04.095     Basis and Rate: Adjustments to Rate.
    A. Except as provided in subsection (B) of this section, the license fee imposed by section 5.04.090 shall be paid on the basis of the following schedule:
    1. Application fee: An application fee will be assessed for any business which did not have a City of Waldport business license in the preceding fiscal year.
    2. Base license fee: A base license fee will be assessed for each business. In the case of a corporation or a mall, each distinct type of business operation, each sub-dealer and/or each separate business name shall constitute a separate business, and shall require separate applications and separate license fees. In addition to the base license fee, the following fees will be assessed, based on the type of business:
    a) A fee for each full-time employee employed or otherwise working full-time at or for the business;
    b) A fee for each part-time or seasonal employee employed or otherwise working part-time at or for the business;
    c) A fee for each dwelling unit as defined in section 5.04.010(A);
    d) A fee per gaming device as defined in section 5.04.010(E).
    e) A fee per gaming table as defined in section 5.04.010(F).
    3. A transient business license fee per quarter may be paid in lieu of (1) and (2) above.
    B. The City Council may adjust the rates imposed by this section at such times as it deems necessary and shall do so by resolution.

5.04.096     Specific Requirements.
    A. Mobile Vending Stands. In addition to other requirements imposed by this chapter, the following shall apply to mobile vending stands:
    1. No person shall conduct or do business from a mobile vending stand unless proof is submitted to the City that all health and sanitary permits required by the state and county have been obtained.
    2. The mobile vending stand must be placed on privately owned property when selling merchandise.
    3. Any person operating a mobile vending stand shall pick up any paper, cardboard, wood or plastic containers, wrappers or any litter in any form which is deposited by any person on the sidewalk, street or public property within thirty-five (35) feet of the mobile vending stand at any time the person is conducting business, and shall be responsible for the disposal of the same.
    4. Business license requirements shall not apply to mobile vending stands for events sanctioned by Council proclamation.
    B. Itinerant Merchant. It is unlawful for any itinerant merchant as defined in Section 5.04.010 of this chapter to engage in such business within the corporate limits of the City of Waldport without first obtaining a business license in compliance with Section 5.04.090 of this chapter.  Business license requirements shall not apply to itinerant merchants for events sanctioned by Council proclamation.  (Ord. 690 § 1, 2003: Ord. 688, 2003)
    C. Social Gaming. Pursuant to ORS 167.121, the City authorizes the playing or conducting of social games by charitable, fraternal and religious organizations.
    If applicable, no organization shall conduct the playing of social games without having a business license issued by the City. The license fee shall include any additional fees as outlined in Section 5.04.095 of this Chapter.

5.04.100     Exceptions.
    A business license shall not be required to conduct judicial sales by executors, administrators or trustees under court order, nor to sales being held solely for charitable purposes.

5.04.110     Penalties—Inspections— Remedies.
    A. Penalties. Any person who violates any of the provisions of this chapter, as now constituted or hereafter amended or revised, commits a Class B civil infraction and shall be subject to the procedures and penalties of Chapter 1.08 of this code, as now constituted or hereafter amended or revised.
    B. Inspection and Right of Entry. Whenever officials responsible for enforcement or administration of this chapter, or their duly authorized representatives, suspect a violation of any provisions of this chapter, or when necessary to investigate an application for, or revocation of a license under any of the procedures prescribed in this chapter, they may enter on any site or into any structure, for the purpose of investigation, provided they do so in a reasonable manner. No secured building shall be entered without the consent of the owner or occupant unless under authority of a warrant or order from a court of competent jurisdiction or other lawful authority.
    C. Alternative Remedies. The city may, as an alternative to other remedies that are legally available for enforcing this chapter, institute injunctive, abatement, including summary abatement, or other appropriate proceedings to prevent, enjoin, abate or remove a business that is operating in violation of this chapter.

5.04.120     Licenses additional to general taxes.
    The license fees levied and fixed by this chapter shall be in addition to the general ad valorem taxes now or hereafter levied pursuant to law.

5.04.130     Additional remedies.
    In addition to the penalty above provided for, and as separate and distinct remedies, the city of Waldport may sue in any court of competent jurisdiction to obtain judgment and enforce collections thereof by execution for any license due under this chapter, and may also sue for an injunction against any person conducting any business, trade, profession or occupation herein scheduled and specified until such license shall have been fully paid. (Ord. 688, 2003)

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Chapter 5.08

GARAGE SALES

Sections:  
5.08.010            Household and garage sales limited.  
5.08.020            Advertising.  
5.08.030            Violation—Penalty.

5.08.010            Household and garage sales limited. 
            No property owner or household shall hold or conduct more than four household or garage sales per year on his or her property or at his or her residence within a residential district. Such sales shall not be conducted for a longer period than two consecutive days. (Ord. 507 § 1, 1984: Ords. 345 § 1, 1974)

5.08.020            Advertising. 
            Household and garage sales shall be advertised by signs on the property of the property owner or resident holding the sale, or on another's property with the property owner's consent; advertising is also permitted on the radio and in the newspaper. Signs will be taken down before the closing of the sale. (Ord. 507 § 2, 1984: Ords. 345 § 2, 1974)

5.08.030            Violation—Penalty. 
            Any person found guilty of a violation of any of the provisions of this chapter shall be subject to a fine not exceeding fifty dollars ($50.00). (Ord. 507 § 3, 1984: Ord. 345 § 3, 1974)

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Chapter 5.12

ITINERANT MERCHANTS

Repealed by Ordinance 688, July 10, 2003.

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Chapter 5.16

MOBILE VENDING STANDS

Repealed by Ordinance No. 688, July 10, 2003.

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Chapter 5.20

SECONDHAND DEALERS AND PRECIOUS METAL DEALERS

Repealed by Ordinance 688, July 10, 2003.

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Chapter 5.24

SOCIAL GAMBLING

Repealed by Ordinance No. 688, July 10, 2003.

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Chapter 5.28

SOLICITATION

Sections:  
5.28.010            Definition.  
5.28.020            Prohibited acts—Penalties.  
5.28.030            Consent to enter onto real property—Exemptions.  
5.28.040            Registration statement.  
5.28.050            Registration fee.  
5.28.060            Issuance of certificate of registration—Revocation.  
5.28.070            Form of certificate of registration—Term.  
5.28.080            “No Solicitation” sign.  
5.28.090            Evidentiary matters.

5.28.010            Definition. 
            For the purposes of this chapter, the terms “solicit” or “solicitation” mean the entry onto real property used for residential purposes by a person, other than the owner or occupant, for the purpose of communicating with an occupant of the property, whether the intended communication is verbal, visual or in writing. (Ord. 560 § 1, 1989)

5.28.020            Prohibited acts—Penalties. 
            A.            It is unlawful for any person to: 
            1.            Solicit before nine a.m. or after nine p.m. when the local time is daylight savings time or after eight p.m. when the local time is standard time, without the consent of the occupant to do so; 
            2.            Solicit without first having obtained a registration certificate pursuant to Section 5.28.060 of this chapter, if required by that section; 
            3.            Violate the terms of a registration certificate issued pursuant to Section 5.28.060 of this chapter; 
            4.            Solicit after a registration certificate has been revoked, pursuant to Section 5.28.060 of this chapter; 
            5.            Allow, suffer or permit any person soliciting on their behalf or under their direction to commit any act prohibited by this section; 
            6.            Provide false or fraudulent information on a registration statement; 
            7.            Leave written materials upon real property where there is a sign conforming to the requirements of Section 5.28.080 of this chapter; 
            8.            Solicit upon real property where there is a sign conforming to the requirements of Section 5.28.080 of this chapter; 
            9.            Allow, suffer or permit any person to solicit on their behalf after a registration certificate has been revoked, pursuant to Section 5.28.060 of this chapter. 
            B.            Violation of subsections (A)(1), (2), (3), (4), (5), (6) and (7) of this section as now constituted or hereafter amended or revised shall be punishable as a Class C civil infraction and shall be subject to the procedures and penalties of Chapter 1.08 of this code, as now constituted or hereafter amended or revised. 
            C.            Violation of subsection (A)(8) of this section as now constituted or hereafter amended or revised shall be punishable as a Class B civil infraction and shall be subject to the procedures and penalties of Chapter 1.08 of this code, as now constituted or hereafter amended or revised. 
            D.            Violation of subsection (A)(9) of this section as now constituted or hereafter amended or revised shall be punishable as a Class A civil infraction and shall be subject to the procedures and penalties of Chapter 1.08 of this code as now constituted or hereafter amended or revised. (Ord. 661 § 5, 1999; Ord. 560 § 2, 1989)

5.28.030            Consent to enter onto real property—Exemptions. 
            A.            It shall be an affirmative defense to an alleged violation of Section 5.28.020(A)(1), (A)(7) or (A)(8) of this chapter that the person charged with the violation or crime had received actual or constructive consent of the occupant prior to entering the real property. Constructive consent to enter real property may be implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships. 
            B.            The occupant of real property shall be considered to have given constructive consent to enter real property for the purpose of solicitation between the hours of nine a.m. and nine p.m., when the local time is daylight savings time or between nine a.m. and eight p.m., when the local time is standard time, if they have not posted a “No solicitation” sign, pursuant to Section 5.28.080 of this chapter. 
            C.            Nothing in this section shall be construed to authorize the entry into a structure located on real property. The right to enter any structure must be otherwise provided for by law. 
            D.            Officers, employees or agents of a governmental entity while performing activities within the scope of their office, employment or agency are exempt from the requirements of this chapter. 
            E.            No person may be charged with a violation of any subsection of Section 5.28.020 of this chapter in connection with an act committed between four p.m. and nine p.m. on each October 31st. (Ord. 560 § 3, 1989)

5.28.040            Registration statement. 
            A.            All persons desiring to solicit at five or more dwelling units in the city during any eight hour period shall file with the city recorder a registration statement, on forms provided by the city recorder, containing the following information: 
            1.            The name of the person registering and desiring to solicit; 
            2.            Whether the person registering is a natural person, partnership, corporation or association, and: 
            a.            If a natural person, the business or residence address and telephone number of the person, 
            b.            If a partnership, the names of all partners and the principal business address and telephone number of each partner, 
            c.            If a corporation, the person registering must state whether it is organized under the laws of Oregon or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the Lincoln County area office of such corporation and the registered agent of the corporation, and the names of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of incorporation, 
            d.            If an association, the registration statement shall show the association's principal business address and telephone number, if any, and shall show names and principal business or residence addresses and telephone numbers of all members of the association, unless they exceed ten (10) in number, in which case the application shall so state and the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multistate organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its Lincoln County area office. 
            3.            A brief description of the nature of the organization if the person registering is a partnership, association or corporation and an explanation from all persons of the intended purpose of the solicitation; 
            4.            The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation and the number of persons who will be actually involved in the solicitation activity. One of the named individuals shall be designated to receive any notice or communication from the city or the public concerning the solicitation activities; 
            5.            The time period within which the solicitation is to be made, giving the date of the beginning of solicitation and its projected conclusion; 
            6.            A description of the methods and means by which the solicitation is to be accomplished and the approximate locations and dates on which those locations will be visited; 
            7.            The names of any other cities in which the person registering has solicited within the past five years, but in the event that the person registering has solicited in more than five other cities, the person registering may list the five cities located closest to Waldport; 
            8.            A statement that if a certificate of registration is granted, such certificate will not be used as or represented to be an endorsement by the city or any of its officers or employees; 
            9.            The names of any officer, director, trustee, partner, corporation, or any current agent or employee engaging in the solicitation who has signed a consent decree or order in the last five years or who has been convicted of a felony or a misdemeanor involving moral turpitude within the past five years, and the nature of the offense, or consent decree or order, the state where the conviction, or consent decree or order occurred, and the year of such conviction, or consent decree or order; 
            10.            An explanation of the reasons, if the person registering is unable to provide any of the foregoing information, why such information is not available; 
            11.            The registration statement must be signed by the applicant, if the person registering is an individual; if the person registering is a partnership, by a partner; if a person registering is a corporation or an association, by an officer. The individual signing the registration statement shall sign the statement and swear or affirm before an Oregon notary that he or she has carefully read the registration statement and that all the information contained therein is true and correct. 
            B.            Registration statement and information submitted with the registration statement are public records available for public inspection during normal city business hours. (Ord. 560 § 4, 1989)

5.28.050            Registration fee. 
            Every registration statement shall be accompanied by a registration fee of fifteen dollars ($15.00) to compensate the city for the cost of administering this registration program, and such fee will not be refunded if a certificate of registration is not issued; provided, however, that in case of indigency as determined pursuant to rules adopted by the city council, the registration fee may be waived. (Ord. 560 § 5, 1989)

5.28.060            Issuance of certificate of registration—Revocation. 
            A.            After a review of the registration statement to determine its compliance with Section 5.28.040 of this chapter, and, within ten (10) working days of the receipt of the registration statement, the city recorder shall either issue a certificate of registration, in the form provided by Section 5.28.070 of this chapter, or notify the person registering that the registration statement does not comply with the requirements of Section 5.28.040 of this chapter, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued. If the person registering is engaged in an activity for which a business license is required by this code, proof of a valid business license shall be furnished prior to the issuance of the certificate. 
            B.            A certificate of registration shall be revoked by the city recorder if a registered person, or one or more solicitors engaged on behalf of that person, are convicted or plead guilty or no contest to a cumulative minimum of three violations of Section 5.28.010 of this chapter occurring within any thirty (30) calendar day period in connection with or on behalf of the solicitation of the registered person. A certified copy of the municipal court record of plea or conviction is conclusive proof that a violation has occurred. The period of revocation shall be for sixty (60) calendar days, during which the person may not receive a certificate of registration. Within five working days of receipt of notification that a registered person has been convicted, plead guilty or no contest to the third violation the city recorder shall notify the person designated in the registration statement to receive notice of the action to revoke, in writing, five days prior to the effective date of the revocation. The person may appeal the recorder's decision to the city council by filing a notice of appeal with the city recorder within ten (10) days of the effective date of the revocation. During the pendency of the appeal the order to revoke is stayed. (Ord. 560 § 6, 1989)

5.28.070            Form of certificate of registration—Term. 
            A.            The city recorder shall prescribe the form of the certificate of registration. Each such certificate shall have the following printed prominently thereon: “The issuance of this certificate of registration is not an endorsement by the city of Waldport or any of its officers or employees.” Each certificate of registration shall bear a registration number which is the same as the file containing the registration statement filed by the registrant. 
            B.            Every certificate of registration issued by the city recorder shall contain a termination date upon which the certificate shall expire, which date shall be the termination of the solicitation period specified in the registration statement or one year from the date of issuance, whichever is less. 
            C.            The certificate of registration shall contain a list of the acts prohibited by Section 5.28.010 of this chapter. (Ord. 560 § 7, 1989)

5.28.080            “No Solicitation” sign. 
            A.            If an occupant of real property chooses to not invite solicitors onto their property the occupant may post a “No Solicitation” sign pursuant to this section. The effect of the posting of such a sign is to express the refusal of the occupant to grant consent to any person to enter their real property to solicit, except to those persons exempt from these provisions by Section 5.28.030(D) and (E) of this chapter. 
            B.            Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal points of entry, and, 
            1.            Signs must be no smaller than six inches in height by eight inches in width; and 
            2.            Signs must contain the words “No Solicitation” and the references “Pursuant to Section 1 of Waldport City Ordinance No.            ” in characters no less than one-half inch in height. 
            For real property possessing no apparent barriers to entry at the boundaries of the property which limit access to the primary entrance of a structure located on the property, placement of the sign at the primary entrance to the structure constitutes compliance with this section. (Ord. 560 § 8, 1989)

5.28.090            Evidentiary matters. 
            A.            It shall be prima facie evidence of a violation of Section 5.28.020(A)(7) of this chapter if written material is found on property upon which a sign conforming to the requirements of Section 5.28.080 of this chapter has been posted. The person responsible for such written material shall be the person identified in the written material as its proponent, sponsor, distributor or potential beneficiary of the communication conveyed. 
            B.            For the purposes of Section 5.28.020(A) (5) and (A)(9), if a person solicits on behalf of a person registered pursuant to Section 5.28.040 of this chapter, it is presumed that the person registered allowed, suffered or permitted the solicitation. (Ord. 560 § 9, 1989)

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Chapter 5.32

TAXICABS

Repealed by Ordinance No. 688, July 10, 2003.

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