Chapter 5.01
BUSINESS REGISTRATION
Sections:
5.01.040 Registration required.
5.01.080 Transfers, relocations, and term of registrations.
5.01.100 Disclaimers and exemptions.
5.01.010 Purpose.
This chapter is enacted to assist law enforcement, fire department, and emergency medical services. A registration fee will be instituted to recuperate the necessary expenses required to undertake the administration of this chapter, and to provide for the health, safety, and welfare of the citizens of Hubbard. (Ord. 226-2000 § 1, 2000)
5.01.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have meaning given herein unless the context requires otherwise:
(1) “Business” means all kinds of vocations, occupations, professions, enterprises, establishments, and all kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, nonprofit, or benefit, either directly or indirectly, on any premises in the city. This definition includes, but is not limited to, any transaction involving the rental of property, the manufacture or sale of goods, or the sale or rendering of services other than as an employee.
(2) “The city” means the city of Hubbard, Oregon.
(3) “The city council” means the city council of the city of Hubbard, Oregon.
(4) “Employee” means any individual who performs services for another individual or organization having the right to control the employee as to the service to be performed and as to the manner of performance.
(5) “Garage sale” means a commercial activity, open to the public, conducted at a private residence where personal property is sold, or auctioned to others, provided the number of sale days at a particular residence does not exceed three days per occurrence, and no more than two occurrences per calendar year.
(6) “Cottage industry/home occupation” means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services. The primary use of the dwelling unit is residential.
(7) “Person” means and includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations or any officers, agents, employees or any kind of personal representative thereof, in any capacity, either on that person’s own behalf or for any other person, under either personal appointment or pursuant to law.
(8) “Premises” means and includes all lands, structures, places and also the equipment on appurtenances connected or used therewith any business, and also any personal property which is affixed to or is otherwise used in connection with any such business conducted on such premises.
(9) “Residential rental unit” means a dwelling containing one or more separate living quarters, one or more of which is rented, leased, or let in exchange for full or partial monetary compensation. (Ord. 226-2000 § 2, 2000)
5.01.030 Exemptions.
(1) Persons whose sole business activity is making deliveries or taking orders from duly registered businesses within the city are exempt from this chapter.
(2) Persons whose gross receipts from business conducted both within and without the city amount to less than $10,000 in any one calendar year. The person shall provide, upon demand by the city, proof that verifies said amount. If necessary, the person shall provide further information that this particular exemption does not supersede the applicability of the exemption for garage sales as defined in this chapter.
(3) The operation of a business, display, or sales space at any special event with a duration of three days or less shall not be required to register under this chapter.
(4) Nonprofit organizations, religious organizations, civic organizations and clubs wishing to canvass for funds or sell door-to-door to raise funds, or conduct fund-raising events to be used solely for the purpose for which the organization was created, and from which no third party receives a profit.
(5) Garage sales as defined in this chapter.
(6) Any person required to be licensed through any other city ordinance including, but not limited to activities such as “peddlers and solicitors,” “public dances,” or other licensed activities.
(7) Persons who own and rent residential rental units but who are not licensed real estate property managers as defined in ORS 696.010(e). (Ord. 378-2023 § 1; Ord. 238-2000, 2000; Ord. 226-2000 § 3, 2000)
5.01.040 Registration required.
(1) No person shall engage in any business within the city or transact any business specified in this chapter, without first obtaining registration and paying the fee prescribed. The provisions of this chapter shall be in addition to any other fee or requirements imposed by the city of Hubbard.
(2) The agents of a nonresident proprietor engaged in any business for which registration is required by this chapter, or for any penalty assessed under this chapter, to the extent and with like effect, as if such agent or agents were themselves the proprietors or owners of the business.
(3) A person engaged in business in more than one location, or in more than one business registered under this chapter at the same location, shall make a separate application, but pay only one fee, unless the secondary business location is used as storage to support the main business.
(4) A person representing himself/herself, or exhibiting any sign or advertisement that he/she is engaged in a business within the city shall be deemed to be actually engaged in such business and shall be liable for the payment of such registration fee and subject to the penalties for failure to comply with the requirements of this chapter.
(5) No person shall maintain or operate one or more residential rental units without first obtaining a business registration certificate and paying the prescribed fees. (Ord. 226-2000 § 4, 2000)
5.01.050 Application.
(1) Application for business registration, and for renewal of business registration shall be made to the office of the city administrator or designee upon forms furnished by the city. Each application shall state:
(a) The name and address of the proposed business location in the city.
(b) A description of the business activity to be carried on.
(c) The name, address, and business phone number of the applicant or agent.
(d) Phone number, in case of emergency, of at least one person other than the above applicant or agent.
(e) The name, address, and business phone number of the proprietor if different than that of the applicant.
(f) Number of employees.
(g) Will list at least two representatives with phone numbers that can respond to after hours incidents deemed necessary for police, fire, EMS response.
(h) Identify if the business is protected by intrusion/fire alarms, and who monitors the system.
(2) The city staff may require the applicant to supply any additional information necessary for administrative or emergency purposes. (Ord. 226-2000 § 5, 2000)
5.01.060 Fee.
(1) Fees are for the purpose of defraying administrative costs.
(2) An initial fee of $50.00 will be collected at the time of application. A $50.00 annual fee will be charged thereafter.
(3) The business registration fee shall be paid annually in advance of the business registration year. (Ord. 321-2012, 2012; Ord. 273-2003, 2003; Ord. 226-2000 § 6, 2000)
5.01.070 Use of revenue.
The revenue derived from the business registration shall be used to defray the costs of administering this chapter. (Ord. 226-2000 § 7, 2000)
5.01.080 Transfers, relocations, and term of registrations.
(1) Transfer. In the event of the transfer of ownership of any business, the applicable registration certificate may be transferred by application to the city administrator or designee. An application shall be accompanied by a transfer fee, this fee to be in the amount of $10.00.
(2) Relocation of Existing Business. In the event a business relocates, the business shall reapply to the city administrator or designee to transfer the business registration. The application shall be accompanied by a transfer fee, this fee to be $10.00.
(3) Registration Term. The business registration year shall be January 1st to December 31st. A business registration issued under this chapter shall be valid from the date of issuance until December 31st. (Ord. 226-2000 § 8, 2000)
5.01.090 Delinquency charge.
(1) Except for the payment of a business registration fee as set forth in HMC 5.01.060, the business registration fee shall be deemed delinquent if not paid by February 1st of the business registration year. If a person begins engaging in business after the start of the business registration year, the business registration shall be deemed delinquent if the fee is not paid within 30 days after commencement of the business activity.
(2) Whenever the business registration fee is not paid on or before the delinquency date, a delinquency charge of $25.00 will be due and payable each 30-day period. The total amount of the delinquency charge for any business registration year shall not exceed $100.00.
(3) The date that the business registration fee is received by the city, or the date of the postmark if remittance is made by mail, shall be used in determining when the business registration fee is paid. (Ord. 226-2000 § 9, 2000)
5.01.100 Disclaimers and exemptions.
(1) The levy or collection of a registration fee upon any business shall not be construed to be a permit by the city to the person engaged therein in the event such business shall be unlawful, illegal or prohibited by the laws of the state of Oregon or the United States, or ordinance of the city.
(2) Nothing herein contained shall be taken or construed as vesting any right in any registration as a contract obligation on the part of the city. No person having paid the fee required and having made application for a business registration shall be entitled to any refund.
(3) None of the fees or registration requirements provided for in this chapter shall be required if the applicant is a municipality. (Ord. 226-2000 § 10, 2000)
5.01.110 Violation – Penalty.
(1) A violation of any provision of this title constitutes a Class 2 civil infraction and shall be processed according to the procedures contained in the Hubbard Municipal Code civil infraction procedures.
(2) A finding that a person has committed a violation of this title shall not act to relieve the person from payment of any unpaid business fee, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city.
(3) The city shall be entitled to the award of reasonable attorneys’ fees in the event the city deems it necessary to enforce the requirements imposed by this chapter. (Ord. 334-2013)