Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.030 Charitable nonprofit organizations.
5.04.040 Agents of nonresident proprietors.
5.04.100 Delinquent license fees.
5.04.130 Revocation of license.
5.04.140 Suspension of license.
5.04.010 Purpose and scope.
The business license fees imposed by the terms of this chapter are to provide revenue to pay for the expenses required to issue licenses, to provide revenue to pay for municipal services to business and to regulate business. [Ord. 12-214 § 1, 1999].
5.04.020 Definitions.
For the purpose of licensing business in the city of Eagle Point, Oregon, the following definitions apply:
“Amusement device” means any game, device or machine kept, operated or played in any place of business or other place by the insertion of money.
“Application” means a new application, a renewal of an application or even a transfer of license application.
“Business” means any activity carried on with the intent that a profit be realized therefrom and the profit, if any, inure to the benefit of the owner or owners of the activity.
“Exhibition” means the display of goods or materials for which an admission fee is charged.
“Flea market” means all general sales, open to the public and conducted in any commercial zone within the city for the purpose of disposing of personal property. These general sales include, but are not limited to, sales entitled “flea markets,” “bazaars,” and “rummage sales.” “Flea market” also includes situations where booths, tables, or spaces are sold or rented for the purpose of conducting sales of personal property. For the purpose of the definition of “flea market,” “personal property” means property which is owned by the individual conducting the sale, is purchased for resale, or is obtained on consignment.
“Garage sale” means any public sale of new or used goods within the city limits by an individual or group on individual’s private property, when the individual or group of individuals is not licensed as secondhand or junk dealer and when the property from which the sale is to be conducted is not within a zone permitting commercial business or otherwise permitted under the provisions of this chapter.
“General contractor” means any person who undertakes or offers to undertake, for consideration, to furnish all of the material, or labor, or both, that are necessary to construct, alter, repair, or add to any building or structure, including commercial, residential, or heavy construction work. State license requirement verification must be supplied with application.
“Nonprofit” means any business or organization which holds a certificate of exemption from taxes from the Internal Revenue Service.
“Nonresident proprietors” means a business located outside the city, but conducting business transactions within the city.
“Peddler” means a person, or persons, traveling from place to place selling and delivering at the same time.
“Persons” 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.
“Real estate business” means an enterprise or undertaking of any nature that deals either directly or indirectly with leaseholds or any interest or estate in land, or both, whether the land is situated in this state or elsewhere.
“Seasonal business” means any person currently residing within the Eagle Point urban growth boundary conducting seasonal business on a rented site, i.e., vacant lot, parking lot, etc., within the city limits.
“Self-employed” means a person who serves as his or her own employer, who is not a general, residential building, or subcontractor, and who employs no other persons.
“Solicitor” means one who travels from place to place, not carrying his goods with him, but taking orders for future deliveries.
“Subcontractor” means a person who contracts on predetermined terms to be responsible for the performance of all or part of a job of construction in accordance with established specifications or plans.
“Transient merchant” means any person, firm, or corporation, that is a nonresident proprietor, that sells or offers to sell, other than at auction, any merchandise in any building, store, room, or place of business occupied by the person, firm or corporation within the city with the intention of doing so for a short period of time and without the intention of permanently doing so in the regular course of business.
“Vending machine” means any machine from which foods, drinks, or cigarettes are received in return for the insertion of money. [Ord. 12-214 § 2, 1999].
5.04.030 Charitable nonprofit organizations.
Nothing in this chapter shall be construed to apply to any charitable nonprofit business or organization, including instances where the charitable nonprofit business or organization serves as sponsor of an event (except that refundable deposits may be required), but proof of a business’s or organization’s nonprofit status may be required. [Ord. 12-214 § 3, 1999].
5.04.040 Agents of nonresident proprietors.
The agents of a nonresident proprietor, engaged in any business for which a license is required by this chapter, shall be liable for the payment of fees established by the council, and for the penalties for failure to pay the fees or to comply with the provisions of this chapter as if the agent or agents were themselves proprietors. [Ord. 12-214 § 4, 1999].
5.04.050 License required.
It shall be unlawful for any person to transact or cause to be transacted any business without having first obtained a license. [Ord. 12-214 § 5, 1999].
5.04.060 Duration of license.
All business licenses under this chapter are annual and shall expire on June 30th. The required application and license fee are due on July 1st of each year for the fiscal year commencing with that date and are delinquent on August 1st. [Ord. 12-214 § 6, 1999].
5.04.070 License fees.
A. All trades, shops, businesses, occupations and professions carried on in the city and not licensed and taxed by other provisions of this chapter or other ordinances of the city shall be licensed and the amount to be paid as license fees shall be established by resolution of the council.
B. Garage sales may be conducted without obtaining a business license. However, no household may conduct more than two garage sales in a one-year period and no sale may last longer than five days.
C. A license fee is not delinquent until after the applicant has commenced business within the city during the fiscal year without paying the required license fee.
D. When the applicant for a business license has not engaged in business during the calendar year until after December 31st, the required fee for the license shall be reduced by one-half. If the applicant had engaged in the same or similar business during the previous fiscal year, there will be no reduction in the required fee.
E. Where the applicant for a business license is operating more than one trade, shop, business, occupation or profession from the same location, each trade, shop, business, occupation or profession must be separately licensed, but the applicant need pay only the highest license fee. [Ord. 12-214 § 7, 1999].
5.04.080 License application.
A. All business licenses required under this chapter or any other ordinance shall be issued by the city recorder or designee. The application for any license shall contain the following information:
1. The description of the business carried on within the city.
2. The name of the applicant, with a statement of all persons having an interest in the business, either as proprietors or owners of the business.
3. The location in which the business is conducted.
4. Proof of the applicant’s possession of any licenses, certificates, or registrations that are required by state or federal laws to conduct the type of business listed on the application.
5. The date of the application.
6. The average number of persons regularly employed by the business at the time the application for license is made.
7. The amount of money tendered with the application.
8. Any other information necessary to enable the city to review the application under subsection B of this section and to determine the appropriate fee as established by resolution of the council.
B. The city recorder or designee shall review each application. Approval or denial of the application shall be based on consideration of all available evidence as to whether the proposed business will meet the requirements of the city charter and ordinances. The license may not be granted if:
1. The activity or device to be licensed would not comply with city ordinances or state or federal laws.
2. The licensed activity or device would endanger property or the public’s health or safety.
3. The applicant’s violation of law or ordinance represents a reasonable doubt about the applicant’s ability to perform the licensed activity without endangering property or the public’s health or safety.
4. The applicant fails to supply the information required, or submits misleading or false information, or submitted misleading or false information on a previous application.
5. The premises to be used by the business do not fully comply with all city ordinances and requirements.
C. If the city recorder or designee determines that the application should be denied, the city recorder or designee shall notify the applicant of the denial and the reasons for denial. [Ord. 12-214 § 8, 1999].
5.04.090 Unlawful acts.
It is unlawful for any person to willfully make false or misleading statements for the purpose of determining the amount of a license fee, or fail to comply with any of the provisions of this chapter, or to fail to pay any required license fee or penalty. [Ord. 12-214 § 9, 1999].
5.04.100 Delinquent license fees.
In the event that any person required to obtain a license fails to obtain the license or pay the required fee before it becomes delinquent, the city recorder or designee shall collect the fee payment with a penalty of 10 percent of the fee payment for each calendar month, or fraction of a month, that the fee payment is delinquent. [Ord. 12-214 § 10, 1999].
5.04.110 Fee amounts.
Nothing contained in this chapter may be construed as vesting any right in a license or a contract obligation on the part of the city as to the amount of the fee. Other taxes or fees and the fees provided by council resolution may be increased, decreased, or created by the city. Any business may be reclassified at any time and other fees or taxes may be levied. No person who has received a license and has paid the fee required under this chapter shall be entitled to any refund. [Ord. 12-214 § 11, 1999].
5.04.120 Violations.
The conviction of a person for violation of any provision of this chapter may not serve to relieve the person from paying the fee or penalty for which the person is liable. The payment of any fee may not bar or prevent legal prosecution of a complaint for violation of any provision of this chapter. [Ord. 12-214 § 12, 1999].
5.04.130 Revocation of license.
Upon determination that a licensed business, activity, or device within the city violates city ordinances or state or federal laws, or that the application contains false or misleading information, the city recorder or designee may revoke the license upon 30 days’ notice in writing to the licensee, with the notice delivered to the licensee’s establishment or the licensee’s business address. The notice shall state the reasons for the revocation. [Ord. 12-214 § 13, 1999].
5.04.140 Suspension of license.
Upon determining that a licensed business, activity, or device presents an immediate danger to persons or property, the city recorder may suspend the license. The suspension takes effect upon the licensee’s receipt of the suspension notice, or upon delivery of the notice to the establishment or the licensee’s business address. The notice shall state the reason for the suspension. The city recorder or designee may continue a suspension as long as the reason for the suspension exists, or until a determination on an appeal regarding the suspension is made. [Ord. 12-214 § 14, 1999].
5.04.150 Appeal.
A. Any person whose application for a license has been denied, or a licensee whose license has been denied renewal, has been suspended or has been revoked, may, within 30 days after the notice of denial, suspension, or revocation is mailed, appeal in writing to the city administrator. The appeal shall state:
1. The name and address of the appellant.
2. The nature of the determination being appealed.
3. The reason the determination is incorrect.
4. What the correct determination of the appeal should be.
B. An appellant who fails to file a statement within the time permitted waives all objections, and relinquishes all rights to appeal. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. At the hearing, the appellant may present testimony and oral argument to the city council. The decision of the council is final. [Ord. 12-214 § 15, 1999].
5.04.160 Penalties.
Violation of or failure to comply with any provision of this chapter is punishable upon conviction by a fine not to exceed $250.00. [Ord. 12-214 § 16, 1999].
5.04.170 Fee schedule.
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Auction license |
$100.00/day |
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Business license: |
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Inside city limits |
$50.00 |
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Outside city limits |
$65.00 |
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Itinerant merchant |
$150.00 |
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Seasonal merchant |
$150.00 |
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Business license transfer |
$25.00 |
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Business list: |
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City resident |
$5.00 |
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Outside city limits |
$15.00 |
[Ord. 2000-21 § 1; Ord. 12-214, 1999].