Chapter 5.12
BUSINESS LICENSES
Sections:
5.12.030 Business license required.
5.12.040 One act constitutes doing business.
5.12.050 Presumption of engaging in business.
5.12.062 License applications.
5.12.065 Repealed.
5.12.068 License – Approval process.
5.12.090 License – Nontransferable.
5.12.100 Two or more businesses on the same premises.
5.12.110 Two or more business premises.
5.12.120 Violation does not exempt payment of fee – Penalty.
5.12.010 Purpose.
A. This chapter is designed to collect information about businesses operating in the city and provide revenue for municipal purposes. This chapter is not for any regulatory purpose whatsoever and the issuance of a license by the city pursuant to the terms hereof is not to be construed nor is it permission or license to engage in any business activity or occupation. The fees, penalties and other charges required or imposed by this chapter are in addition to any other regulatory or nonregulatory certificate, license or permit fees that may be required by any federal, state or local jurisdiction, including the city.
B. Nothing in this chapter shall be construed to apply to any person transacting and carrying on any business within the city which is exempt from taxation or regulation by the city by virtue of the Constitution of the United States or that of the state of Oregon or applicable federal or state law. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.020 Definitions.
As used in this chapter, except where the context otherwise indicates, the following definitions apply:
A. “Business” means any occupation, profession, or commercial activity engaged in for profit or livelihood in the city. This definition includes but is not limited to transient merchants and home occupations.
B. “City” means the city of Silverton.
C. “City manager” means the city manager of the city of Silverton or his/her designee.
D. “Council” means the city council of the city of Silverton.
E. “Garage sale” means a commercial activity open to the public, conducted at a private residence where personal property is sold to others; provided, that no more than three garage sales per residence per year shall occur and that no garage sale shall exceed three days in duration.
F. “Home occupation” means an occupation carried on within a dwelling, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
G. “License” means the document issued upon full compliance with the business license law for the tax year in question.
H. “Licensee” means a person who has a valid license issued pursuant to this chapter.
I. “Merchandise” means goods or commodities that may be bought or sold. Nothing in this chapter is intended to limit or restrict sales of books or newspapers based on the content of the material.
J. “Owner” means any person having proprietary interest in residential property, to include but not limited to a renter, tenant, or authorized agent of such person.
K. “Nonprofit” means any business or organization which holds a certificate of exemption from taxes from the Internal Revenue Service. In the instances where a nonprofit business or organization serves as sponsor of an event they may coordinate the licensing of individual permits under the sponsoring organization.
L. “Person” means every natural person, corporation, partnership, association or any other group acting as a unit.
M. “Posted” means the placing of a clearly readable sign or placard in English stating “No Solicitors” or “No Solicitation” readily visible to any person attempting to enter the property from the nearest street or public sidewalk.
N. “Principal” means a person who would be directly involved in the management or operation of the business.
O. “Sales” means the act of selling involving the transfer of money.
P. “Solicitation” means any oral or written request to purchase or trade any product or thing; to contribute or donate money or property for any purpose or cause; to render opinions or answer surveys on any subject or to endorse or support by petition any product, candidate, or cause.
Q. “Valid license” means a license issued pursuant to this chapter, and which license’s effective period has not expired. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.030 Business license required.
It shall be unlawful for any persons, for themselves or as agent or employee of another, to transact and carry on any business, trade, profession, calling, or occupation within the city of Silverton, Oregon, unless:
A. Such business activity has been duly licensed as herein provided; and
B. The license is valid at the time of the transaction. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.040 One act constitutes doing business.
For the purpose of this chapter, any persons shall be deemed to be engaging in business or engaging in nonprofit enterprise, and thus subject to the requirement of SMC 5.12.030, when undertaking one of the following acts:
A. Selling any goods or service;
B. Soliciting business or offering goods or services for sale or hire; and/or
C. Acquiring or using any vehicle or any premises in the city for business purposes. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.050 Presumption of engaging in business.
Any person that advertises or otherwise holds himself out to the public as engaged in any business, profession, trade or calling for which a license is required shall be presumed to be so engaged and shall pay such license fee as is required by this chapter. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.060 Exemptions.
The requirements contained in this chapter shall not apply to:
A. Garage sales;
B. An individual performing babysitting, nursery or child-care activities on a part-time basis;
C. An individual employed by a business which has obtained a license;
D. An individual hired or employed on an intermittent or casual basis by a household, business or other employer to supply only services;
E. A person whose primary activity consists of delivering goods inside the city for a business located outside the city;
F. A person who leases two or fewer units of residential real estate within the city;
G. Self-employed minors engaged in intermittent or casual economic activity;
H. Federally tax-exempt organizations and nonprofit religious organizations;
I. City-sponsored activities and businesses operating under a city franchise. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.062 License applications.
A. Applications for business licenses shall be submitted on forms to be provided by the city of Silverton. Every such application shall be signed by the owner or a duly authorized agent and shall contain the following information, as applicable:
1. Name of person or persons owning the business; if a corporation, the name of an authorized officer.
2. Assumed business name, business phone number, and alternative phone number.
3. Address of business premises, business mailing address, and owner mailing address.
4. Nature of the business.
5. Number of employees.
6. Emergency contact name and phone number.
B. A person shall apply for a license in the following manner:
1. Application for a license shall be made to the city of Silverton on or before January 1st of each year for which a license is required; or
2. If the business goes into operation after January 1st, application shall be made at least 10 days before conducting business in the city.
C. A license shall expire on the last day of the calendar year for which the license was issued, or in the case of a transient merchant, within 90 days of the date the license was issued.
D. Where the business includes activities classifiable in two or more categories, the primary or predominant activity should be designated.
E. Payment of the appropriate fee as established by resolution of the council.
F. License fees shall be computed on the basis of information contained in the application. No license shall be issued unless the applicant pays a license fee to the city in the amount set by resolution of the council.
G. Any other information determined appropriate by the city manager as necessary to review the application and establish that person(s) is authorized to be engaged in the transaction of the business within the city.
H. It shall be unlawful for any person knowingly to sign or submit a business license application containing false information. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.065 Transient business regulations.
Repealed by Ord. 15-08. (Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.068 License – Approval process.
A. The city manager shall refer each application to the appropriate departments for review.
B. If the license is approved the city manager shall issue a license to the applicant. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.070 License – Renewal.
A. An application for renewal of a license shall be made and processed in the same manner as an initial application, pursuant to SMC 5.12.062 through 5.12.068.
B. All license renewal fees shall be deemed delinquent if not paid on or before 30 days after the due date. Whenever any license renewal fee is not paid within 30 days of the due date, a late fee shall be imposed and the license will be invalid until payment is made. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.080 License – Display.
At all times after the issuance of the business 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. In the case of the transient business or if the licensee has no office, business premises or other established place of business within the city, copies of licenses and state or federal issued photo identification shall be clearly displayed on all representatives of the business present within the city at all times during which business is being conducted by an employee or representative within the city. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.090 License – Nontransferable.
A license issued pursuant to this chapter is a personal privilege and is not transferable. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.100 Two or more businesses on the same premises.
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. Any business activity leased, under concession to, or owned wholly or in part by a different person or persons on the same premises must be separately licensed. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.110 Two or more business premises.
The conducting of a business or businesses at two or more separate locations shall, for the purposes hereof, be deemed to be separate businesses, and each shall be subject to the license tax herein provided for, except that rental properties, warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business, or branch establishments, or separate types of businesses. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008)
5.12.120 Violation does not exempt payment of fee – Penalty.
Violation of any provision of this chapter does not operate to relieve a business of liability for paying any fee or penalty for which such person be liable nor shall payment of any such fee or penalty be a bar to or prevent any judicial proceedings being brought by the city for violations of this chapter.
Any person violating any of the provisions of this chapter is subject to the general penalties provision of SMC 1.08.010. A separate offense shall be deemed committed for each day a violation occurs. (Ord. 15-08 § 1 (Exh. A), 2015; Ord. 09-10, 2009; Ord. 08-08 § 1, 2008. Formerly 5.12.160)