Chapter 5.05
BUSINESS LICENSES
Sections:
5.05.050 Application for license.
5.05.070 Transfers and relocations, terms of license.
5.05.080 Approval, denial, revocation or suspension of license.
5.05.100 Disclaimers, exceptions and general requirements.
5.05.110 Special requirements.
5.05.120 Violations and penalties.
5.05.010 Purpose.
This chapter is enacted, except as otherwise specified, to provide revenue for municipal purposes and to provide for the health, safety and welfare of the citizens of Myrtle Creek through regulation of business, occupations and trade. [Ord. 729 § 1, 2003].
5.05.020 Definitions.
For the purpose of this chapter, certain words, terms and phrases are defined as follows:
“Applicant” means the owner or agent of the named business.
“Business” means any profession, trade, occupation, shop and every type of calling wherein a charge is made for goods, materials or services.
“City” means the city of Myrtle Creek, Oregon; and, for the administrative purposes of this chapter, the city recorder or the city administrator, or their designees, are authorized to act for the city.
“License” means the permission granted for the carrying on of a business, profession or occupation within the city limits.
“Licensee” means the business as specified and named by the applicant.
“Nonprofit organization” means a bona fide organization with tax exempt status.
“Peddler” means a person or persons, including all persons in attendance, traveling from place to place selling and delivering at the same time any article or thing of value. Term shall not include regular commercial vendors employed by wholesale houses and selling for the purpose of resale goods, wares, merchandise or services to licensed merchants within the city, nor to newspaper vendors, and shall not include common labor.
“Person” means all public and private corporations, including domestic and foreign corporations, firms, partnerships of every kind, associations, organizations, syndicates, joint ventures, societies, and any other group acting as a unit, and individuals transacting and carrying on any business within the city.
“Revocation” means withdrawal of approval to operate a business.
“Solicitor” means one who travels from place to place, not carrying his goods with him, but taking orders for future delivery. Term shall not include regular commercial vendors employed by wholesale houses and selling for the purpose of resale goods, wares, merchandise or services to licensed merchants within the city, nor to newspaper vendors, and shall not include common labor.
“Suspension” means an official order to suspend business operations pending correction or ceasing of certain conditions or practices.
“Transient merchant” means one who occupies a mobile or temporary fixed location, which provides goods or services in the city, and does business in much the same manner as a permanent business; includes Oregon licensed construction and landscape contractors, towing services and roadside vendors. [Ord. 729 § 2, 2003].
5.05.030 Exemptions.
(1) Nothing in this chapter shall be construed to apply to any person transacting and carrying on business within the city which is exempt from taxation or regulation by the city by virtue of the Constitution of the United States or the state of Oregon.
(2) No person whose income is based solely on a wage or salary shall, for the purpose of this chapter, be deemed a person transacting or carrying on any business in the city, and it is the intention that all license fees will be borne by the employer.
(3) Any business paying a franchise fee under any city ordinances or resolutions now existing is exempt from the requirements of this chapter.
(4) Wholesalers making deliveries or taking orders from duly licensed retail outlets within the city are exempt from this chapter.
(5) Any person 16 years or younger who operates a business on a part-time basis, which business has an annual gross income of less than $1,500, is exempt from this chapter.
(6) Except as provided in MCMC 5.05.110, nonprofit organizations are exempt from this chapter. [Ord. 729 § 3, 2003].
5.05.040 License required.
(1) A license fee is hereby imposed on any business not licensed by other ordinances of the city, and it shall be unlawful for any person to engage in any such business within the city without first having obtained a license for the current fiscal year as provided under this chapter.
(2) The agent, or agents, of a nonresident proprietor engaged in any business for which a license is required by this chapter shall be liable for any failure to comply with the provisions of 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 licensed under this chapter, shall make a separate application and pay a separate license fee for each business or location, except as otherwise provided in this chapter.
(4) A person representing themselves, or exhibiting any sign or advertisement that they are engaged in a business within the city for which a business license is required by this chapter, shall be deemed to be actually engaged in such business and shall be liable for the payment of such license fee and subject to the penalties for failure to comply with the requirements of this chapter.
(5) The city may require proof of bonding or state registration. An applicant shall possess any county or state license required or shall be awaiting final approval by the county or state, if city approval is a prerequisite, before a city license will be issued.
(6) All persons requesting a city business license under a fictitious name shall provide proof of current name registry from the Secretary of State, State of Oregon. [Ord. 729 § 4, 2003].
5.05.050 Application for license.
(1) Application for a new business license, or for renewal of an existing business license, shall be made to the city upon forms furnished by the city. Each application shall state and show:
(a) Name of business.
(b) Brief description of type of business.
(c) Name and address of the applicant.
(d) Street address and mailing address of the business.
(e) Signature of the applicant.
(f) Copy of photo identification.
(g) Copy of current and appropriate federal, state, county, and city licenses, bonds and insurances.
(2) The city may require the applicant to supply any additional information necessary to determine under MCMC 5.05.080 that the applicant meets all other requirements for the license. Review of an application shall not begin until all requested information has been provided. [Ord. 729 § 5, 2003].
5.05.060 License fees.
All business license fees shall be determined by resolution of the city council. All city licensed vendors and contractors providing or selling goods and services solely limited to the city of Myrtle Creek (local government) are exempt from licensing fees. [Ord. 729 § 6, 2003].
5.05.070 Transfers and relocations, terms of license.
(1) Transfer of License. In the event of the transfer of ownership of any business, the applicable business license may be transferred by application to the city. The city may approve the transfer upon finding that the new applicant meets the requirements of this chapter.
(2) Relocation of an Existing Business. In the event a business relocates, the licensee shall reapply to the city to transfer the business license. The city may issue the license upon finding that the new location meets the requirements of this chapter.
(3) Permanent License. A business license issued under this chapter shall be valid from the date of issuance until the following June 30th.
(4) Temporary License. A temporary business license may be issued for a period not exceeding five business days. [Ord. 729 § 7, 2003].
5.05.080 Approval, denial, revocation or suspension of license.
(1) Approval of Application. A business license shall be issued within 10 days of submission of a complete application and the required fee upon a finding that the applicant has met all requirements of this chapter. The city shall notify the applicant in writing of any special conditions or limitations placed on the license which the city deems necessary to protect the public health, safety, or welfare which are required by this chapter.
(2) Denial, Revocation, or Suspension of License. The city may deny, suspend or revoke a business license upon finding that:
(a) The licensee fails to meet the requirements of, or is doing business in violation of, any law or requirement of this chapter; or
(b) The applicant has provided false or misleading material information, or has omitted disclosure of a material fact on the application, related materials, or license; or
(c) The applicant’s past or present violation of a law or ordinance presents a reasonable doubt about their ability to perform the licensed activity without endangering property or the public health or safety; or
(d) The information given on the application does not indicate that the applicant has the special knowledge or skill required to perform the licensed activity; or
(e) There is reason to believe that the licensed activity would endanger property or the public health or safety.
(3) Notice. The city shall provide written notice to the applicant or licensee of a denial, suspension or revocation. The notice shall state the reason for the action taken and shall inform the applicant of the right to appeal under MCMC 5.05.090. The notice shall be given at least 15 days before the revocation becomes effective. If the violation ends within the 15 days, the city may discontinue the revocation proceedings.
(4) Summary Suspension. Upon determining that a licensed activity or device represents an immediate danger to persons or property, the city may summarily suspend the license for the activity. The suspension takes effect immediately upon notice of the suspension being received by the licensee, or being delivered to the licensee’s business address as stated on the licensee’s application for the license being suspended. Such notice shall state the reason for the suspension and inform the licensee of the provision for appeal under MCMC 5.05.090. Within 10 days of a summary suspension the city council shall review the pertinent facts which resulted in the suspension and shall determine whether said facts deem it necessary to continue the suspension in order to protect the health, safety and welfare of the citizens of Myrtle Creek, or to otherwise ensure that the requirements of this chapter are complied with. The city council may continue suspension as long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made under MCMC 5.05.090. [Ord. 729 § 8, 2003].
5.05.090 Appeal.
In the event an applicant for a license under this chapter is denied such license, or in the event a license is suspended or revoked, the applicant or license holder shall have the right of appeal. A written notice of appeal to the city council shall be filed with the city within 15 days after the denial of the license or license suspension or revocation. The city council shall hear and make a determination in regards to the appeal within 10 days of the filing of the notice of appeal. The decision of the city council on such appeal shall be final and conclusive. [Ord. 729 § 9, 2003].
5.05.100 Disclaimers, exceptions and general requirements.
(1) Disclaimers and Exceptions. The collection of a license fee upon any business shall not be construed to be a license or permit by the city to the person engaged therein in the event such business be unlawful, illegal or prohibited by the laws of the state of Oregon or the United States, or the ordinances of the city of Myrtle Creek. Nothing herein contained shall be taken or construed to vest any right in any license as a contract obligation on the part of the city. Business license fees, as set by resolution of the city council, may be increased or decreased at any time by the city council. No person having paid the fee required, and having made application for a business license, shall be entitled to any refund.
(2) General License Requirements. In addition to any other requirement of this chapter, each licensee shall:
(a) Conform to all federal, state and local laws and regulations, the provisions of this chapter, and any rules adopted hereunder.
(b) Notify the city within 10 days of any change in material information contained in the application, related materials, or license.
(c) Display a business license upon request to any person with whom they are dealing as part of the licensed activity or to an officer or employee of the city.
(d) Display a business license at all times in a public place. [Ord. 729 § 10, 2003].
5.05.110 Special requirements.
(1) Security Services, Merchant Police and Similar Businesses. The owner, and the applicant if different than the owner, of any private security service, merchant police or similar business, and every individual employed by the licensed business who will be working in the city of Myrtle Creek, shall agree to a complete background check by the chief of police to determine their qualification and reliability. The city may require a bond and such insurance as may be deemed proper. The license shall be issued only upon the police chief’s approval of each person involved, such approval to be based on the complete background check.
(2) Peddlers and Solicitors. The applicant shall supply all business information as required by all business operations; and period of operations within the city; and identify all vehicles used together with license number or other means of identification; and the names, addresses, dates of birth, and any other pertinent information regarding each individual intending to take part in the solicitation or peddling at the time of application.
Each individual peddler and/or solicitor shall submit the appropriate fee as required in the Myrtle Creek handbook of fees and charges and agree to a complete background check by the chief of police to determine the qualifications and reliability of the individual. The city may require a bond and such insurance as may be deemed proper. The license shall be issued only upon the police chief’s approval of each person involved, such approval to be based on an individual’s complete application and background check.
Any applicant for peddler or solicitor business license shall deposit with the city recorder a cash or surety bond in the sum of $5,000 or an amount equal to 10 percent of estimated annual city sales, whichever is greater. Any person aggrieved by an action of any peddler shall have a right of action on the bond for the recovery of money or damages or both. Such bond shall remain on deposit for a period of 90 days after the expiration of such license, unless sooner released by the city council.
(3) Nonprofit Organizations. A nonprofit organization which will conduct any type of business within the city on a continuous basis throughout the year, regardless of whether such business is open to the general public, shall make application to the city for the license to carry on the activity for the current fiscal year. After once issued, the licensed activity is subject to all the provisions of this chapter, except that such nonprofit organization will not be required to pay the license fee. [Ord. 729 § 11, 2003].
5.05.120 Violations and penalties.
(1) Any person convicted of violating any of the provisions of this chapter shall be punished by a fine not to exceed $250.00 for any one offense, each day constituting a separate offense.
(2) Inspection and Right of Entry. Whenever they shall have cause to suspect a violation of any provisions of this chapter, or when necessary to investigate an application for, or revocation of, a license under any of the procedures prescribed in this chapter, officials responsible for enforcement or administration of this chapter, or their duly authorized representatives, may enter on any site, or into any structure, for the purpose of investigation providing they do so in a reasonable manner. No secured building shall be entered without the consent of the owner or occupant unless under authority of a lawful warrant.
(3) Abatement. Any business which is established, operated, moved, altered, enlarged or maintained contrary to the licensing requirements shall be, and is hereby declared to be, unlawful and a public nuisance, and may be abated as such.
(4) Legal Proceedings by City Attorney. In addition to the enforcement provision of this chapter, upon request by the city council, the city attorney may institute any additional proceedings, including, but not limited to, seeking injunctive relief to enforce the provisions of this chapter. [Ord. 729 § 12, 2003].