Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.030 Business licenses required.
5.04.080 Two or more business premises--Two or more businesses on same premises.
5.04.100 Evidence of doing business.
5.04.115 Transfers of business.
5.04.120 Business license fee schedule.
5.04.010 Definitions.
The following terms as used in this chapter shall have the meanings assigned to them:
A. “Business” means any enterprise, trade, activity, profession, occupation, private educational facility, or any kind of calling carried on for profit or livelihood within city limits. This includes transient lodging facilities as defined in Chapter 3.24, and year-round business-type activities that are operated by nonprofits, such as a thrift store.
B. “Profit” means the excess of gross receipts over expense.
C. “Expenses” means the cost of goods sold, the expense of services rendered and all other expenses or disbursements, accrued or otherwise, ordinarily incidental to the operation of a business.
D. “Doing or transacting business” means any act or series of acts performed in the course or pursuit of a business activity on more than one occasion or day in a calendar quarter and not as a one-time or isolated activity or event. A person is presumed to be doing business in the city and subject to this chapter if engaged in any of the following:
1. Advertising or otherwise professing to be doing business within the city;
2. Delivering goods or providing services to customers within the city;
3. Owning, leasing, or renting personal or real property within the city which is used as a transient lodging facility; or
4. Engaging in any activity in pursuit of gain which is not otherwise exempted in this chapter.
It is not a defense to this chapter that a business is not profitable.
E. “City designee” means a person duly authorized by the city manager to conduct the processing of business license applications. (Ord. 2071 §1, 2020; Ord. 1969 §1(part), 2013; Ord. 1822 §1(part), 2001; Ord. 761 §2, 1965).
5.04.020 Purpose and scope.
The business license fees imposed by the terms of this chapter are for revenue purposes only. Neither the acceptance of the prescribed fee nor the issuance of the applicable license shall be construed to constitute a regulation of any business activity or a permit to engage in an activity otherwise prohibited by law or ordinance or a waiver of any regulatory licensing requirement imposed by any other ordinance of the city. (Ord. 761 §1, 1965).
5.04.030 Business licenses required.
A. No person, for themselves or as agent or employee of another, shall do business within the city unless such business has been duly licensed within this chapter and the license is valid at the time of the transaction of business.
B. No business license shall be required for the operation of a “residential home” or a “residential facility,” as those terms are defined in Oregon Revised Statutes 197.660. (Ord. 1822 §1(part), 2001; Ord. 1711 §1, 1994; Ord. 761 §3, 1965).
5.04.040 Applications.
A. Applications for business licenses shall be submitted on forms to be provided by the city designee. Every application shall be signed by the owner or their duly authorized agent and shall contain the following information:
l. Name of person or persons owning business;
2. Assumed business name, if any;
3. Address of business premises, and business mailing address;
4. Nature of business;
5. Number of employees as of date of application;
6. Where the business includes activities classifiable in two or more categories, the primary or predominant activity; and
7. Where the business premises of an applicant are situated outside of the city, the number of employees to be engaged in the transaction of the business within the city. The license issued on the basis of the application shall be valid only to permit the specified number of employees to transact business within the city at any one time.
B. License fees shall be computed on the basis of information contained in the application, and no person shall knowingly sign or submit a business license application containing false information. (Ord. 1822 §1(part), 2001; Ord. 761 §2, 1965).
5.04.050 Issuance.
Upon receipt of a business license application and the required fee, the same shall be forwarded to the city designee who will cause the application to be reviewed by the appropriate members of the city staff for compliance by the proposed business with all applicable charter and ordinance provisions including, but not limited to, building, zoning and public safety ordinances. Upon approval for compliance, the application will then be forwarded to the city designee who shall issue a business license to the applicant. Licenses so issued shall be valid until the thirtieth day of September following the date of issuance of the license (licenses issued before September 30, 1995 shall be valid). In the event an application is denied for noncompliance of the proposed business with city charter or ordinance provisions, the applicant shall have the right to appeal said denial to the city council at the next regularly scheduled council meeting. (Ord. 2068 §1, 2020; Ord. 1822 §1(part), 2001; Ord. 1722 §1, 1995; Ord. 1430, 1981; Ord. 761 §4, 1965).
5.04.060 Posting.
A. Except as provided in subsection B of this section, at all times after the issuance of the license, the licensee shall cause it to be posted in a conspicuous place upon the business premises, available for inspection by the public and by employees and prospective employees of the business.
B. Where the licensee has no office, business premises or other established place of business within the city, the license shall be in the possession of the representative of the business present within the city at all times during which business is being transacted by any employee or representative within the city. (Ord. 761 §5, 1965).
5.04.070 Contents.
Licenses shall be issued to the applicant in the name of the business to be licensed and shall designate the nature of the business, the address of the business premises and the date of issuance and expiration. (Ord. 1822 §1(part), 2001; Ord. 761 §7, 1965).
5.04.080 Two or more business premises--Two or more businesses on same premises.
The conducting of a business or businesses at two or more locations shall, for the purposes hereof, be deemed to be separate businesses and each thereof shall be subject to the license tax herein provided for. If two or more differently classified but related businesses are carried on in the same premises by the same owners, one license issued in the name of the business to which the premises are primarily appropriated and based upon the total number of employees or other units on the whole premises shall be sufficient for all such activities; provided, any business activity lease under concession to or owned wholly or in part by a different person or persons on the same premises must be separately licensed. In determining whether different activities on the same premises are related to the primary use within the meaning of this section, normal and ordinary customs and usages of businesses of like nature shall be considered. (Ord. 761 §8, 1965).
5.04.090 Fee--Term.
A. The business license term shall be the twelve-month period beginning on October 1st of each year and ending September 30th of the calendar year next following.
B. If any business subject to the provisions of this chapter comes into existence, or for the first time commences its operations within the city at any time after January 1st of any business license period, the license fee payable in connection with that business for the current business license period shall be prorated as of the beginning date of the semi-annual period during which the activity begins. The semi-annual periods for the purposes hereof shall begin on the first day of January of each year.
C. The license fee for any business taxed hereunder shall be computed using the city of Central Point business license fee schedule to include a basic fee and an additional fee for each employee over two employees, but no fee hereunder shall exceed the maximum annual amount set forth in the city of Central Point business license fee schedule. For the purposes of this subsection, the term “employee” means and includes:
1. A person having no ownership interest in the business other than the ownership of shares in a corporate owner of the business and who is regularly employed by, and under the supervision and control of, the owner or owners of the business or their representative in the course of the business activities; or
2. A natural person having an ownership interest in the business, who actively works in and for the business on a full-time basis;
3. Any person who is not subject to state and federal employment and withholding taxes by the business shall not be deemed an employee under this chapter. (Ord. 2068 §2, 2020; Ord. 1822 §1(part), 2001; Ord. 1722 §2, 1995; Ord. 1391 §4, 1980; Ord. 1158 §1, 1974; Ord. 761 §9, 1965).
5.04.091 Exceptions.
The terms and provisions of this chapter shall not apply to the following businesses or activities, which shall be governed by the sections of this code indicated:
A. Dances, Section 5.08.020.
B. Not for profit organizations, requesting a temporary permit for seasonal sales, when the time period for such sales does not exceed thirty days in an annual permit period. The applicant shall provide the city with documentation of its non-profit status and written permission from the owner(s) of the property on which the sales are to be conducted. (Ord. 1822 §1(part), 2001; Ord. 1789 §1, 1998; Ord. 1367 §2, 1979; Ord. 1218, 1975).
5.04.092 License renewals.
A. The city designee shall annually send a license renewal notice to each business for which a license has been issued informing said business of the expiration date of its current license and requiring that business to renew its license for the following business year.
B. The city designee shall assess a late fee on any business license renewal that is not paid within thirty days of the date of the renewal notice. The amount of the late fee shall be as set forth in the city of Central Point License Fee Schedule. (Ord. 1822 §1(part), 2001)
5.04.095 Special events.
A. A temporary business license may be issued for such special events as trade shows, sidewalk sales, fairs, parades, art shows, hobby shows and educational or cultural events at which several businesses may sell goods from temporary booths or stalls. The purpose of this section is to facilitate such events which are cultural or educational or which help to promote business or tourism in the community.
B. A special events license shall be issued to the organization or committee sponsoring the event and shall cover all businesses authorized by the sponsor to participate therein. The sponsor must either be a tax-exempt nonprofit organization or an organization that will realize a profit of not more than three hundred dollars from the event.
C. Such licenses shall be limited to a period of not more than five consecutive days. A sponsoring organization shall not be issued more than three such licenses in an annual permit period.
D. The fee for licenses authorized by this section shall be as set forth in the city of Central Point business license fee schedule. (Ord. 1822 §1(part), 2001; Ord. 1443 §1, 1981).
5.04.100 Evidence of doing business.
In the trial of any alleged violation of this chapter, evidence that the defendant made a public representation, by way of advertisement by newspaper, radio, television, online, or similar media, through transient lodging intermediaries, or by signs conspicuously displayed for public view that such business was being conducted, expressly or impliedly offering to sell goods or services in the course of such business to the public or any segment thereof, constitutes prima facie evidence that the defendant was transacting the business suggested by such public representation within the city on the date or dates during which such representations were made. (Ord. 2071 §2, 2020; Ord. 761 §10, 1965).
5.04.110 Penalties.
A. Any person violating any provision of this chapter shall, upon conviction thereof, be subject to punishment under the general penalty.
B. Every full business day during which any business activity continues to be conducted in violation of this chapter is a separate offense.
C. No license shall be issued to any person under this chapter if such person has, previous to making application therefor, conducted business within the city while the ordinance codified herein was in effect, without a current, valid license issued hereunder, unless such person pays an additional amount equal to the licensing fee for the period during which such business was thus conducted.
D. The remedy specified in subsections A and C of this section shall not be deemed exclusive and, at the option of the city, amounts due and payable hereunder by ways of business license fees may be collected from the owner or owners of the business involved by action of law in any court of competent jurisdiction in the state. (Ord. 1716 §4, 1995; Ord. 761 §11, 1965).
5.04.115 Transfers of business.
If a business ownership or location is transferred, the requirements of this section shall prevail. A fee as set forth in the city of Central Point Business License Fee Schedule shall be charged for a transfer. The employee fee will not be charged in the year of transfer unless employees are added, in which case a charge will be made for the additional employees. (Ord. 1822 §1(part), 2001; Ord. 1443 §2, 1981).
5.04.120 Business license fee schedule.
All business license fees shall be determined using the city of Central Point Business License Fee Schedule as set forth hereunder. This fee schedule may be amended from time to time by the city council by resolution. (Ord. 1822 §1(part), 2001).