Chapter 5.44
BICYCLE ESTABLISHMENT

Sections:

5.44.010    Defined.

5.44.020    License application—Information required—Investigation.

5.44.030    License application—Time of making and renewal.

5.44.040    License—Issuance.

5.44.050    Transferring license prohibited.

5.44.060    Compliance with provisions—License required.

5.44.070    Transaction with certain persons prohibited.

5.44.080    Secondhand bicycle regulations.

5.44.090    Register—Generally.

5.44.100    Register—Maintenance—Inspection by police.

5.44.110    Reports—Secondhand purchases.

5.44.120    Reports—Sales.

5.44.130    Reports—Duty of chief of police upon receipt.

5.44.140    Approval of purchases required in certain cases.

5.44.150    Revocation—Grounds.

5.44.160    Revocation—Notice of hearing.

5.44.170    Revocation—Appeal—Hearing.

5.44.180    Revocation—Effect on issuance of new license.

5.44.010 Defined.

“Bicycle establishment” means a business operated by any person, wherein used bicycles or bicycle parts are purchased, sold, exchanged, bartered, repaired, remodeled, dismantled or junked. (Prior code § 7.35: Ord. 63 § 15)

5.44.020 License application—Information required—Investigation.

A.    The application for a license to operate a bicycle establishment shall be in the applicant’s handwriting, and shall set forth the following information:

1.    The name, age, and residence address of the applicant, if a natural person; or

2.    If a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers with their respective residence addresses, or

3.    If a partnership, association or unincorporated company, the names of the partners or persons comprising the partnership, association or company, with their respective residence addresses.

B.    The application shall be made in duplicate to the chief of police who shall be responsible for investigating the applicant’s character. (Prior code § 16.74: Ord. 63 § 17 (part))

5.44.030 License application—Time of making and renewal.

Any person opening a bicycle establishment shall make application for a license not later than five days after beginning such business, and shall renew such application annually thereafter. (Prior code § 16.75: Ord. 63 § 20)

5.44.040 License—Issuance.

After approval of the application for license to operate a bicycle establishment by the chief of police, the applicant shall forward his application with the annual license fee to the business license administrator who, upon receipt of the approved application and fee, shall issue such license. (Prior code § 16.76: Ord. 13 § 17 (part))

5.44.050 Transferring license prohibited.

No person having a bicycle establishment license under the provisions of this chapter shall transfer, sell, assign, loan or permit any person to have or use his license or permit. (Prior code § 16.77: Ord. 63 § 21)

5.44.060 Compliance with provisions—License required.

No person in the city shall establish, carry on or operate a bicycle establishment, except as authorized by this chapter and Chapter 10.20, and without first obtaining a license from the tax collector of the city. (Prior code § 7.36: Ord. 63 § 26 (part))

5.44.070 Transaction with certain persons prohibited.

No person operating a bicycle establishment shall take in exchange, receive any goods, article or bicycle part or bicycle from any person under the age of eighteen years, or from any person under the influence of intoxicating liquor. (Prior code § 7.37: Ord. 63 § 26 (part))

5.44.080 Secondhand bicycle regulations.

No person operating a bicycle establishment shall alter, repair or dispose of any bicycle or bicycle part purchased or taken in exchange, as a secondhand bicycle or bicycle part thereof until after the expiration of thirty days from the date of purchase or exchange and during those thirty days the bicycle or bicycle part so obtained shall remain without alteration on the premises in respect to which the license is issued, and be kept separate from bicycles or bicycle parts previously purchased, and shall be subject to inspection at any time during business hours by the chief of police or any police officer, or other person designated by the chief of police. (Prior code § 7.38: Ord. 63 § 27)

5.44.090 Register—Generally.

A.    The chief of police shall furnish free of charge to every person operating a bicycle establishment a book known as the bicycle register, in which shall be entered in plain and legible handwriting a record of all bicycles or bicycle parts purchased or taken in exchange. The entry must be made at the time of purchase or immediately thereafter and shall include, in addition to the date and hour of purchase, a full description of the bicycle or bicycle part, the price paid therefor and the name, address, age, height, weight and complexion of the seller. In entering the description of the bicycle, the name of the manufacturer and the factory serial number thereof shall in every case be recorded if known, or if it can be ascertained.

B.    The operator of a bicycle establishment shall also enter in the bicycle register a record showing the disposition of each bicycle purchased, indicating whether such bicycle was resold or dismantled. (Prior code § 7.39: Ord. 63 §§ 28, 29)

5.44.100 Register—Maintenance—Inspection by police.

The operator of a bicycle establishment shall keep the bicycle register in a safe place, and see that it is not mutilated or destroyed. The bicycle register shall remain the property of the city and shall at all times be open to inspection by the chief of police or any police officer, and it may be taken by such police officer from the possession of the operator of a bicycle establishment, if deemed necessary. (Prior code § 7.40: Ord. 63 § 30)

5.44.110 Reports—Secondhand purchases.

A.    All persons operating a bicycle establishment are required to make a daily report to the chief of police upon forms provided for that purpose by the chief of police giving the true name and address from whom each bicycle part is purchased; description of each bicycle, its frame number and the number of the metallic license plate found thereon, if any.

B.    This report shall be known as the secondhand buy report, and shall be made in triplicate. The original shall be mailed or delivered to the chief of police on date of purchase with the metallic license plate, the duplicate shall be given to the seller and the triplicate shall remain with the dealer. It shall be the duty of the dealer to mail or deliver to the chief of police all reports and license plates daily at the close of each day’s business. (Prior code § 7.41: Ord. 63 § 22)

5.44.120 Reports—Sales.

All persons operating a bicycle establishment shall make a daily report to the chief of police upon forms provided for that purpose by the chief of police, a report of all sales made, including the name and address of each person to whom a bicycle is sold, together with the make, frame number and license number attached thereto. These reports shall be known as the sales report, and shall be made in triplicate, the original forwarded daily to the chief of police, the duplicate shall be given to the purchaser, and the triplicate retained by the dealer. (Prior code § 7.42: Ord. 63 § 23)

5.44.130 Reports—Duty of chief of police upon receipt.

Upon receipt of the reports set forth in the two preceding sections, the chief of police shall check them to determine if the purchase or sale is recorded in the police department, and that the sale or purchase is approved, and make proper record of such transfer of ownership. Should the new owner fail to apply for registration or license, the chief of police shall notify the new owner to do so. (Prior code § 7.43: Ord. 63 § 24)

5.44.140 Approval of purchases required in certain cases.

No person operating a bicycle establishment shall purchase from any person a bicycle unless at the time of the purchase such person surrenders to the bicycle establishment operator his license plate and registration card for the year in which he is offering such bicycle for sale. If such bicycle does not have a current city license plate and registration card the approval of the chief of police must be obtained before such purchase or sale can be made. (Prior code § 7.44: Ord. 63 § 25)

5.44.150 Revocation—Grounds.

Bicycle establishment licenses issued pursuant to this chapter may be revoked by the chief of police after notice and hearing for any of the following reasons:

A.    Fraud, misrepresentation, or any false statement contained in the application for a license;

B.    Any violation of any provision of this chapter and Chapter 10.20 or any provisions of any other ordinance or law relating to and regulating the bicycle establishment;

C.    Conviction of the licensee of any felony, or crime involving moral turpitude;

D.    Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace, or to be a menace to the health, safety or general welfare of the people of the city. (Prior code § 16.78: Ord. 63 § 31 (part))

5.44.160 Revocation—Notice of hearing.

Notice of the hearing for revocation of a license shall be given in writing stating the grounds of the complaint and the time and place of hearing. Such notice shall be mailed postage prepaid to the licensee at the address given on the application for the license at least five days prior to the date set for the hearing. (Prior code § 16.79: Ord. 63 § 31 (part))

5.44.170 Revocation—Appeal—Hearing.

A.    Any person aggrieved by the decision of the chief of police at a hearing on the revocation of a permit issued under this chapter shall have the right to appeal to the council of the city. Such appeal shall be taken by filing with the city clerk a written statement of the grounds for the appeal within fourteen days after receiving notice of the decision of the chief of police.

B.    The council shall set the time and place for hearing such appeal and notice of such time and place shall be given by the city clerk in the manner provided in Section 5.64.160 for notice of hearing of revocation by the chief of police. (Prior code § 16.80: Ord. 63 § 31 (part))

5.44.180 Revocation—Effect on issuance of new license.

No license to operate bicycle establishments shall be issued to any person who has had such a license revoked pursuant to this chapter, except, upon the applicant’s applying to the council and the council authorizing the issue of the license. (Prior code § 16.81: Ord. 63 § 32)