Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.030 License and payment required – Exemptions – License year.
5.04.050 Multiple businesses at same location – Branch offices – Professional offices.
5.04.060 Application procedure – License transfer.
5.04.070 Falsifying application information – Late fee for delinquent filing.
5.04.080 Violation does not exempt payment of fee – Attorneys’ fees.
5.04.010 Purpose and scope.
A. This chapter is enacted to provide revenue for municipal purposes only and to provide revenue to pay for the necessary expenses required to administer the city’s business license program.
B. The license fees authorized by this chapter shall be independent and separate from any license or permit fees now or hereafter required of any person to engage in any business by the Dundee city council or other governmental or regulatory body. All such businesses remain subject to the regulatory provisions of any city ordinances or other regulations now or hereafter in effect, and the business engaged therein is liable to the payment of any license or other fees therein established or authorized.
C. The levy or collection of a license fee upon any business shall not be construed to be a license or permit to the person or business engaged therein to engage in activity or business to the extent it is deemed to be unlawful by the laws of the state of Oregon, the United States or the city. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 3].
5.04.020 Definitions.
As used in this chapter:
“Business” means profession, trade, occupation, and every other kind of calling carried on for profit or livelihood.
“License” or “business license” means the document issued by the city granting the privilege to carry on a particular business or pursue a certain occupation within the city.
“Person” means all domestic and foreign corporations, associations, syndicates, partnerships of every kind, joint ventures, societies and individuals transacting and carrying on any business in the city.
“Telecommuter” means any person conducting work in his or her residence as an employee or an independent contractor for a business located outside of the residence and where there are no clients or customers at the residence while work is being conducted.
“Transfer” means to transfer the name or ownership of a business or a change in business location. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 4].
5.04.030 License and payment required – Exemptions – License year.
A. Except as provided in subsection (B) of this section, any person operating or carrying on any business, in whole or in part, in any permanent building located within the city limits shall obtain a business license and pay the required fee.
B. The following businesses and activities are exempt from the licensing requirements imposed by this chapter:
1. Religious, educational and charitable organizations specifically exempt from taxation under the Federal Internal Revenue Code;
2. Businesses franchised by and paying a franchise fee to the city;
3. Businesses otherwise exempt from the payment of municipal license fees pursuant to Oregon or federal law;
4. Wholesale selling or delivery of goods or services from points outside the city, provided the wholesaler or deliverer does not maintain a place of business within the city;
5. Producers of farm products raised in Oregon, produced by themselves or their immediate families and sold by them or by a member of their immediate family;
6. Self-employed minors engaged in intermittent or casual economic activity;
7. Peddlers and solicitors, as defined by city ordinance (an additional special license is required under Chapter 5.08 DMC);
8. Pawnbrokers, secondhand dealers and auto wreckers, as defined by city ordinance (an additional special license is required under Chapter 5.12 DMC);
9. Garage sales as defined in Chapter 5.16 DMC;
10. Temporary uses as defined in the Dundee development ordinance;
11. Fairs, festivals, and public entertainment events by nonprofit organizations. As used in this chapter, a “nonprofit organization” means an organization with tax exempt status as granted under applicable federal laws;
12. Independent contractors, consultants, service providers, or others who do not normally conduct business from or in, or otherwise occupy, a particular site, location or structure within the city limits;
13. A person who leases three or fewer units of residential real estate within the city;
14. Domestic help and care providers;
15. City-sponsored activities and events; and
16. Telecommuters.
C. License Year.
1. The license year shall commence on January 1st and shall be renewable on or before that date annually thereafter. For businesses applying for an initial business license after January 1st, the license year shall commence on the date the license is approved by the city and shall be renewed annually on or before January 1st of each succeeding year thereafter.
2. The initial license fee shall be due and payable on the date the license is initially issued and, thereafter, on the first day of January. Such fee shall be deemed to be delinquent if not paid by February 1st of each year. License fees are not refundable nor subject to proration. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 5].
5.04.040 License fee imposed.
Except as exempted in DMC 5.04.030(B), all persons that engage in business activities within the city limits shall be licensed. The amount of the license fee, and all other fees required by this chapter, shall be established by resolution of the council. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 6].
5.04.050 Multiple businesses at same location – Branch offices – Professional offices.
A. If more than one business takes place at the same location and is operated under the same ownership, but is operated under more than one business name, one application may be filed, provided each business is clearly identified and all relevant information is included in the unified application. However, each business shall be liable for and pay a separate business license fee.
B. Each branch establishment of a business or location of a business conducted by any person shall, for the purposes hereof, be treated as a separate business subject to the license provided for in this chapter. Warehouses used incidentally with a duly licensed business shall not be deemed to be a separate place of business or branch establishment.
C. Whenever a partnership or firm is established in any professional office in which two or more members of the firm are licensed under state law to practice such profession, the license fee for such partnership or firm shall be 150 percent of the fee amount provided by council resolution. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 7].
5.04.060 Application procedure – License transfer.
A. All licenses shall be issued by the city recorder upon written application and not otherwise.
B. The application for such license, or renewal thereof, shall contain such information as the city deems appropriate to determine the ownership, location, and management of the business.
C. No transfer of a license shall be made without written application for the transfer being made to the city recorder. An entry of such transfer shall be made by the city recorder in the record of licenses for which the city shall charge and receive a fee as established by resolution of the city council.
D. An application for an initial business license shall be accompanied by the payment of an application fee as established by resolution of the city council. This fee shall be in addition to the business license fee provided for by DMC 5.04.040. No such application shall be accepted unless all information contained therein is provided and the full fee is paid. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 8].
5.04.070 Falsifying application information – Late fee for delinquent filing.
A. It is unlawful for any person to provide false information on the business license application.
B. Applicants filing renewal applications after February 1st shall pay a late fee as set by resolution of the council.
C. Nothing contained in this chapter shall be or construed as vesting any right to the amount of any license or other/additional taxes or fees, and the fees provided for in this chapter may be increased or decreased and additional or other fees provided for and levied in any and all instances at any time by the city. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 9].
5.04.080 Violation does not exempt payment of fee – Attorneys’ fees.
A. The conviction of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty on any fee for which such person is liable, nor shall the payment of any such fee be a bar to, or prevent, any prosecution in the city court of any complaint for the violation of any of the provisions of this chapter.
B. The city shall be entitled to the award of a reasonable attorneys’ fee in the event the city administrator deems it necessary to enforce the requirements imposed by this chapter. [Ord. 519-2013 (Exh. A); Ord. 439-2006 § 10].
5.04.090 Penalty.
A violation of any provision of this chapter shall be punishable by a fine of up to $500.00. Each day of violation shall constitute a separate violation for purposes of this chapter. [Ord. 519-2013 (Exh. A)].