(1) Business. Any trade, profession, occupation or pursuit of every kind conducted in the City for gain or livelihood, including, but not limited to, nonprofit organizations, the rental of commercial or residential property, and those working as independent contractors.

(2) Employee. An individual who performs service for another individual or organization. For purposes of this chapter, employee also means a licensed real estate salesperson or associate real estate broker who engages in professional real estate activities only as an agent of a real estate broker or organization.

(3) Rental unit. A property, part of a property, structure, part of a structure, or residential unit for which the property owner receives payment from another for use or occupation of the property.

(4) Residential unit. A structure or part of a structure used as a home, residence, or sleeping unit by a single person or household unit, and includes, without limitation, units in apartment complexes, boarding houses, rooming houses, mobile home parks, and single and multifamily dwellings; units being rented as part of the lessor’s primary residence are not considered residential units.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.005 Purpose.

The business license provisions are enacted primarily for the purpose of regulating businesses and collecting revenues. The public’s interest is served by ensuring that businesses will be regulated in a manner that promotes compliance with applicable Federal, State, and municipal laws, and encourages businesses to engage in activities in a manner which does not detract from the public health, safety, and welfare. It is necessary to collect license fees to secure revenue to regulate and defray the cost of police protection, fire protection, and costs of other municipal services.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.010 Licensing Exemptions.

The following persons are exempt from the licensing requirements imposed by this chapter:

(1) Persons whom the City is prohibited from licensing under the Constitution or laws of the United States, the Constitution or laws of the State of Oregon, or the City Charter.

(2) A warehouse used in connection with a business, but maintained at a separate location within the City, as long as the business which owns the warehouse maintains a valid business license.

(3) The sale of personal property acquired for household or other personal use by the seller (e.g., garage or yard sales); provided, that the total length of all sales combined is fewer than eight days in any one calendar year.

(4) A person whose business consists of renting out less than two rental units within the City.

(5) An individual hired or employed primarily for the performance of domestic duties or chores including child care, the maintenance of a residence and the care, comfort and convenience of members of the residential household.

(6) Individuals who are employed by a business which is required to obtain a license pursuant to this chapter.

(7) Any unincorporated business activity performed by individuals under the age of 18.

(8) Residential builders as defined by ORS 701.026 who have a valid builder’s business license issued by the Metropolitan Service District and who:

(a) Do not have an office within the City; and

(b) Have not derived gross receipts of $100,000 or more from business conducted within the City.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.015 License Requirements.

In addition to any other requirements of Sections 7.000 to 7.080, a licensee shall:

(1) Abide by all Federal, State, and local laws, zoning regulations, and provisions of this chapter.

(2) Maintain and preserve, for a period of not less than three years, such books and records as will accurately reflect the number of employees for each license year.

(3) Advertise for business using only the name for which a license is held.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.020 Presumption of Engaging in Business.

A person is presumed to be conducting business in the City and subject to Sections 7.000 to 7.080 if engaged in any of the following activities:

(1) Advertising or otherwise holding themselves out to the public as engaged in any business within the City;

(2) Providing goods and/or services to customers within the City;

(3) Owning, leasing or renting personal property or rental units within the City;

(4) Engaging in any transaction involving the production of income from holding property or the gain from the sale of property; or

(5) Engaging in any activity with the intent to realize a profit.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.025 License Required.

It shall be unlawful for any person to carry on any business within the City without first obtaining a license and maintaining compliance with the provisions of Sections 7.000 to 7.080.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.030 License Application.

(1) On or before July 1st, all persons engaging in business within the City shall file an application for annual renewal of the license required by Sections 7.000 to 7.080. Any new business that is not in operation on or before July 1st which desires to conduct business within the City shall make application for a license before engaging in any business activity.

(2) Application for a business license shall be made upon forms provided by the City.

(3) The application for a business license shall include advance payment of the appropriate license fee and delinquency charges, if any.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.035 Examination of Business.

(1) By signing and submitting an application for a business license, the applicant consents to an investigation by the City to determine whether the business is in compliance with applicable Federal, State, and local laws. At the request of the City, the applicant shall submit additional documentation or information needed to determine compliance. The City may examine, or cause to be examined, by an agent or representative designated by it, any books, papers, payroll records, State or Federal payroll reports to ascertain the correctness of any license application or to determine the appropriate fee.

(2) The City Manager, Chief of Police, Fire Marshal, Building Official, and/or their designees are authorized to investigate and examine all places of business licensed or subject to license under the terms of Sections 7.000 to 7.080 at any time and all reasonable times for the purpose of determining whether such place of business is safe, sanitary and suitable for the business requesting a license. However, before entering upon private property, the City official shall obtain the consent of an occupant or an administrative search warrant.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.040 Denial or Revocation of License – Appeal.

(1) The City may deny or revoke a license upon finding that:

(a) The applicant fails to meet the requirements of Sections 7.000 to 7.080, or is doing business in violation of this chapter, zoning regulations, or applicable Federal, State, County, or local law.

(b) The applicant has provided false or misleading information, or has omitted disclosure of a material fact on the business license application, related materials, or license.

(c) The information supplied for review of the business license application does not indicate that the applicant has the special knowledge or skill required to perform the licensed activity.

(d) The licensed activity would constitute a public nuisance, endanger property, or endanger the public health, safety, or welfare.

(e) The applicable business license fee has not been paid by the due date.

(2) The City Manager shall provide written notice to the applicant of a denial or revocation. The notice shall state the reason for denial or revocation and shall inform the applicant of the right to appeal pursuant to the administrative appeals process in Section 1.400 et seq.

(3) Notices of revocation shall be given at least 30 days before the revocation becomes effective. If the violation ends within the 30 days, the City may discontinue the revocation proceedings.

(4) A person whose application for any business license has been denied or whose license has been revoked may, after 90 days from the date of denial or revocation, apply for a license upon payment of the application fee and submission of an application form and required attachments.

[Amended by Ordinance No. 1619, adopted 03-17-2014; amended by Ordinance No. 1621, adopted 04-21-2014.]

7.045 Suspension or Revocation – Effect.

If a business license is suspended or revoked, the concerned business shall immediately cease conducting any and all businesses within the City. Any business which continues to conduct business within the City subsequent to action by the City Council to suspend or revoke the City license for such business shall be subject to the same fine and penalties as if such a business had never obtained a City business license and was carrying on business within the City without such a business license.

[Amended by Ordinance No. 1619, adopted 03-17-2014.]

7.050 Issuance of Business License.

A business license shall be issued by the City after the application is evaluated and the applicant is found to meet all requirements of Sections 7.000 to 7.080.

[Amended by Ordinance No. 1619, adopted 03-17-2014. Formerly 7.055.]

7.055 Effect of License Issuance.

The issuing of a license pursuant to Sections 7.000 to 7.080 or the collection of a fee shall not permit any person to engage in any unlawful business. The license fee levied and fixed by Sections 7.000 to 7.080 shall be in addition to the general ad valorem taxes now or hereafter levied pursuant to law. All ordinances of the City in force on the effective date of the ordinance codified in Sections 7.000 to 7.080 pertaining to or covering any business, pursuit or occupation, and providing a license or condition for its operation, shall remain in full force and effect; and in the event of a conflict or duplication of a license fee, then such other ordinance shall have precedence over the provisions of Sections 7.000 to 7.080, to the extent that there will be no duplication of license fees for the same business, occupation, profession or pursuit.

[Amended by Ordinance No. 1619, adopted 03-17-2014. Formerly 7.060.]

7.060 Separate License for Separate Locations.

If any person operates a business in the City in more than one location, each location shall be considered a separate business for the purpose of Sections 7.000 to 7.080, except warehouses exempt pursuant to Section 7.010.

[Amended by Ordinance No. 1619, adopted 03-17-2014. Formerly 7.065.]

7.065 Display of Business License.

(1) All licenses issued in accordance with Sections 7.000 to 7.080 shall be openly:

(a) Displayed in the place of business; or

(b) Kept on the person(s) or in the vehicle(s) when business is being conducted in any place other than the business address in the application.

(2) Any person or employee conducting business at a place other than the business license address in the application shall immediately produce the business license for inspection to the City Manager, Chief of Police, Fire Marshal, and/or their designees when requested.

(3) Failure to carry such license or produce the same on request shall be a Class C violation.

[Amended by Ordinance No. 1619, adopted 03-17-2014. Formerly 7.070.]

7.070 Business License Year, Fee Schedule, and Delinquency Charges.

(1) The business license year shall be the City’s fiscal year, July 1st through June 30th.

(2) License fees, and all other fees and charges required by Sections 7.000 to 7.080, shall be set by resolution of the Council.

(3) The business license fee shall be paid annually in advance of the business license year. However, the fee may be prorated or refunded in accordance with the resolution set by Council if the business is discontinued.

(4) The business license fee shall be considered delinquent if not paid by August 1st of the business license year. If a person begins engaging in business after the start of the business license year, the fee shall be considered delinquent if the fee is not paid within 30 days after commencement of the business activity. The date that the business license 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 license fee is paid.

(5) If the business license fee is not paid on or before the delinquency date, a delinquency charge will be assessed.

[Amended by Ordinance No. 1619, adopted 03-17-2014. Formerly 7.050.]

7.075 Characteristics of Business License.

(1) Nontransferable. No transfer or assignment of any business license issued shall be valid or permitted, unless transferred in accordance with this section.

(a) Sale or Transfer of Business. If a person licensed to do business within the City sells or transfers the business to another, the business license may also be transferred to the purchaser of the business upon written notification to the City of the transfer as long as the principal purpose of the business does not change and the business does not have any delinquent fees.

(b) Change of Location. If the location of a business changes, but the principal purpose of the business is unchanged, the license may be transferred to the new location upon written notification to the City.

(2) Renewable. Unless otherwise provided, a license issued pursuant to Section 7.055 is renewable. Annual licenses issued remain effective from July 1st of the license year, or the date of issuance, whichever is later, until June 30th of the following year.

(3) Revocable. A license issued pursuant to this chapter may be revoked as provided in Section 7.040.

[Amended by Ordinance No. 1619, adopted 03-17-2014. Formerly 7.080.]

7.080 Penalty.

Any violation of the requirements of Sections 7.000 to 7.075 that are not addressed above shall be punishable by a fine not to exceed $500.00 or by imprisonment, not to exceed 30 days, or a combination thereof.

[Added by Ordinance No. 1619, adopted 03-17-2014.]

ADULT BUSINESSES

7.100 Purpose.

The purpose of Sections 7.100 to 7.185 is to provide for the regulation of certain types of adult business activities that the Council finds present an extraordinary risk of being utilized to facilitate and conceal criminal conduct including offenses involving prostitution, controlled substances, theft, gambling, fraud, obscenity and often involving organized, systematic criminal activities. Therefore, Sections 7.100 to 7.185 are intended to minimize such risk by providing for the strict regulation of such business activities and by prohibiting those persons who have previously been involved in such criminal conduct from participating in such business activities. In making this determination, the Council has specifically considered the impact that such regulations will have upon the competitive nature of such business activities, and finds that the need for such regulations outweighs such impact.

7.105 Definitions.

For the purpose of Sections 7.100 to 7.185, the following definitions shall apply:

Adult business. The operation of any establishment(s), irregardless of whether alcoholic beverages are served or not, to which the public has access, whether or not by purchase of an admission ticket or membership, and which is (are) utilized to present, as a substantial or significant portion of its entertainment, live performances that involve nudity.

Nudity or nude. Being devoid of a covering for the male or female genitalia consisting of an opaque material which does not simulate the organ covered, and, in the case of a female, exposing to view one or both breasts without a circular covering, centered on the nipple, that is at least three inches in diameter and does not simulate the organ covered.

7.110 Permits Required.

(1) It is a violation of this code for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of any adult business unless a permit for such business has first been obtained from the City Manager.

(2) It is a violation of this code for any person to entertain in any adult business or to be employed by any adult business unless a permit for such entertainment or employment has first been obtained from the City Manager.

7.115 Fees.

(1) Every applicant for a permit to own, maintain, operate or conduct an adult business shall file an application with the City Manager and pay a fee in an amount set by Council resolution.

(2) Every applicant for a permit to entertain or be employed by any adult business shall file an application with the City Manager and pay a fee in an amount set by Council resolution.

7.120 Application for Adult Business Permit.

(1) An application for such an adult business permit shall set forth the following:

(a) Written proof that the applicant is at least 18 years of age;

(b) Business occupation, or employment for the three years immediately preceding the date of application;

(c) The business license and permit history of the person in operating a business identical to or similar to those regulated by Sections 7.100 to 7.185;

(d) Whether such person, previously operating such business in this or any other city or state under any license or permit, has had such license or permit revoked or suspended, the reason(s) therefor, and the business activity or occupation of the person subsequent to such action of suspension or revocation;

(e) The name, address, telephone number, birth date and principal occupation of the applicant and managing agent;

(f) The name, address, and telephone number of business or proposed business and a description of the nature of the business to be operated;

(g) Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a partnership, the application shall set forth the names, birth dates, addresses, telephone numbers, principal occupations and respective ownership shares of each partner, whether general, limited, or silent. If a corporation, the application shall set forth the corporate name, a copy of the articles of incorporation, and the name, addresses, birth dates, telephone numbers and principal occupations of every officer, director and shareholder (having more than five percent of the outstanding shares) and the number of shares held by each;

(h) Any criminal convictions, or arrests relating to theft, controlled substances, gambling, prostitution, obscenity, fraud, tax evasion, or racketeering as defined in ORS Chapter 166, of each applicant and natural person enumerated in subsections (1)(a) through (g) of this section;

(i) All residence addresses for the past three years of each natural person enumerated in subsections (1)(a) through (g) of this section;

(j) A personal financial statement of each natural person enumerated in subsections (1)(a) through (g) of this section, including the location of all of such persons’ bank accounts, the amounts respectively deposited therein, and a complete listing of all outstanding debts and loans.

(2) Each applicant and natural person enumerated in subsection (1) of this section shall personally appear before the Chief of Police, or their designee, for fingerprinting and the taking of photographs.

(3) The application form required pursuant to this section, which contains personal and business information, shall remain confidential to the maximum extent permitted by law.

7.125 Application to Entertain in or be Employed by an Adult Business.

(1) An application for a permit to entertain or work in an adult business shall set forth the following:

(a) Written proof that the applicant is at least 18 years of age;

(b) The name, address, telephone number, birth date and principal occupation of the applicant;

(d) The name of the business and the business address of the adult business(es) where the applicant intends to entertain or work, if known;

(e) The business, occupation, or employment history of applicant for the three years immediately preceding date of application;

(f) Any arrests or criminal convictions relating to theft, controlled substances, gambling, obscenity, prostitution, fraud, tax evasion, or racketeering as defined in ORS Chapter 166; and, in the case of any person who will carry out any work relating to security or maintaining order in an adult business, such as “bouncer”, any arrests or convictions relating to harassment, assault, menacing or the use or possession of weapons as defined in State law.

(2) Each applicant shall personally appear before the Chief of Police or their designee for fingerprinting and the taking of photographs.

(3) The application form required by this section, which contains personal information, shall remain confidential to the maximum extent permitted by law.

7.130 Issuance and Renewal of Adult Business Permit.

(1) Upon the filing of an application for and payment of the required fee, the Chief of Police shall conduct an investigation of the applicant and the City Manager shall issue such permit if no cause for denial as noted in Sections 7.100 to 7.185 exists.

(2) The application for a business permit shall be denied if:

(a) The applicant, or any other person who will be directly engaged in the management or operation of the business, or any person who owns five percent or more interest in the business, has previously owned or operated a business regulated by Sections 7.100 to 7.185 and the license or permit for such business has been revoked for cause which would be grounds for revocation pursuant to Sections 7.100 to 7.185, or if such business has been found to constitute a public nuisance and abatement has been ordered; or if such person has been convicted of or evidence exists that supports a finding by the preponderance of the evidence the applicant or such other person has committed any criminal offense noted in Section 7.120;

(b) The operation as proposed by the applicant would not comply with all applicable requirements of this code including but not limited to the building, health, planning, zoning and fire codes of the City;

(d) Any employee is found to have committed any criminal offense noted in Section 7.125, and such violation either occurred on the premises of the establishment subject to the permit, or was connected in such time and manner with the operation of the establishment, so that the person(s) in charge of the adult business knew, or should reasonably have known, that such violation(s) would occur.

(3) For the purpose of Sections 7.100 to 7.185, the offenses listed in this section shall be considered to be defined by the statutes of the State unless otherwise specified. Any arrest or conviction for conduct other than that denoted by the statutes of the State or ordinances of the city specified in Sections 7.100 to 7.185 shall be considered to be equivalent to one of such offenses if the elements of such offense for which the person was arrested or convicted would have constituted one of the above offenses under the applicable Oregon statutes or West Linn ordinance provisions.

(4) Notwithstanding the mandatory direction of subsection (2) of this section, the City Manager may grant a permit, with the concurrence of the Chief of Police, despite the presence of one or more of the factors enumerated, if they conclude that the applicant has established to their satisfaction that the behavior evidenced by such factor is not likely to recur, or is remote in time, or occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of Sections 7.100 to 7.185.

(5) The permit shall be for a term of one year, shall be nontransferable, shall expire on the first anniversary of its issuance, shall be valid only for a single location, and shall be displayed on such premises so as to be visible to patrons. When the business location is changed, the address of the new location shall be provided in writing to the City Manager for approval at least 10 days prior to such change.

(6) Denial of a permit may be appealed to the City Council by filing written notice of an appeal with the City Manager within 10 days of the date of denial.

7.135 Issuance and Renewal of Permit to Entertain in or be Employed by an Adult Business.

(1) Upon receipt of an application to entertain in or be employed by an adult business, the Chief of Police shall conduct an investigation of the applicant and the City Manager shall issue such permit if no cause for denial as noted in Sections 7.100 to 7.185 exists.

(2) Application for a permit shall be denied if:

(a) The applicant has been convicted of or evidence exists that supports a finding by the preponderance of the evidence that the applicant has committed any criminal offense noted in Section 7.125;

(b) Any statement in the application in found to be false.

(3) For the purpose of Sections 7.100 to 7.185, the offenses listed in this section shall be considered to be defined by the statutes of the State unless otherwise specified. Any arrest or conviction for conduct other than that denoted by the statutes of the State or ordinances of the City specified in Sections 7.100 to 7.185 shall be considered to be equivalent to one of such offenses if the elements of such offense for which the person was arrested or convicted would have constituted one of the above offenses under the applicable Oregon statutes or West Linn ordinance provisions.

(4) Notwithstanding the mandatory direction of subsection (2) of this section, the City Manager may grant a permit, with the concurrence of the Chief of Police, despite the presence of one or more of the factors enumerated, if their conclude that the applicant has established to their satisfaction that the behavior evidenced by such factor is not likely to recur, or is remote in time, or occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of Sections 7.100 to 7.185.

(5) The permit shall be for a term of one year, shall be nontransferable, shall expire on the first anniversary of its issuance and shall be available for inspection at such premises in which the permittee is entertaining or employed.

(6) Denial of a permit may be appealed to the City Council by filing written notice of an appeal with the City Manager within 10 days of the date of denial.

7.140 Revocation or Suspension of Permit.

(1) Any permit issued for an adult business pursuant to Sections 7.100 to 7.185 may be revoked or suspended by the City Manager, with the concurrence of the Chief of Police, for any cause which would be grounds for denial of a permit or where investigation reveals that any violation of the provisions of Sections 7.100 to 7.185 or any offense noted in Section 7.125 has been committed by any person who entertains or is employed on the premises and such offense is connected in time and manner with the operation of the establishment so that the person(s) in charge of such establishment knew, or should reasonably have known, that such violations would occur, or that such violations have been permitted to occur on the premises by the permit holder or any employee, or that a lawful inspection has been refused, or that such adult business activities cause significant litter, noise, vandalism, vehicular or pedestrian traffic congestion, or other locational problems in the area around such premises.

(2) Any permit issued to any person to entertain or work in an adult business may be revoked or suspended by the City Manager for any cause which would be grounds for denial of a permit.

(3) Any permit shall be revoked or suspended if any statement contained in the application therefor is found to have been false.

(4) The City Manager, upon revocation or suspension of any permit issued pursuant to Sections 7.100 to 7.185, shall give the permittee written notice of such revocation or suspension by causing notice to be served upon the permit holder at the business or residence address listed on the permit application. Service of such notice shall be accomplished either by mailing the notice by certified mail, return receipt requested, or at the option of the City Manager, by personal service in the same manner as a summons served in an action at law. When notice is sent by certified mail and is returned, receipt unsigned, service of notice shall be accomplished by personal service in the same manner as a summons is served in an action at law. Refusal of the service by the person whose permit is suspended or revoked is prima facie evidence of receipt of the notice. Provided further, that service of notice upon the person in charge of a business during its hours of operation shall constitute prima facie evidence of notice to the person holding the permit to operate the business. Suspension or revocation shall be effective and final 10 days after the giving of such notice, unless such suspension or revocation is appealed by filing a written notice of appeal to the City Council with the City Manager of the City.

7.145 Appeals.

The decision of the City Manager may be appealed to the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq. The filing of an appeal of a revocation or suspension of a permit under Sections 7.100 to 7.185 shall stay the effectiveness of such suspension or revocation until the appeal is determined by the Hearings Officer.

[Amended by Ordinance No. 1621, adopted 04-21-14.]

7.150 Duties of Adult Business Permit Holder.

(1) No person who has been issued a permit to operate a business regulated under Sections 7.100 to 7.185 shall permit any person to engage in any conduct for which a permit is required by Section 7.110(2) unless:

(a) Such person has a valid permit issued by the City Manager to perform such act; and

(b) Written notice has been given to the City Manager that such person will engage in such activity on the premises; and

(2) Upon termination of the employment of any such person, the business permit holder shall give written notice of such termination to the City Manager within 10 days of such termination. Further, the adult business permit holder shall, within 10 days thereof, inform in writing the City Manager of any change in the information required by Section 7.120.

(3) A current, complete copy of all financial records required to be kept by an adult business permit holder for Oregon State and Federal tax purposes regarding the operation of such business shall be maintained on such business premises. Such records shall be subject to inspection pursuant to Section 7.180.

(4) No nude entertaining shall occur closer than 10 feet from any patron.

(5) All nude entertaining shall only occur on a stage which is raised at least two feet from the level of the main floor in the adult business, and shall only be provided by persons who have a valid permit when required by Sections 7.100 to 7.185.

(6) No person shall be admitted to an adult business as a patron or customer unless such person is 18 years of age or older or accompanied by parent or guardian.

(7) No person under the age of 18 shall entertain in or be employed by an adult business.

(8) No person employed by an adult business shall engage in any activity on any property in the vicinity of any adult business for the purpose of soliciting, beckoning, requesting, or suggesting to any person(s) to enter such premises as a patron.

7.155 Prohibited Conduct in Adult Business.

(1) It is unlawful for any person while engaging in nude entertaining in an adult business to come into physical contact with any patron.

(2) It is unlawful for any person while engaging in nude entertaining in an adult business to directly or indirectly accept any gratuity.

(3) It is unlawful for any person who performs nude entertainment in an adult business, while not entertaining, to come into physical contact with any patrons or to appear in any area to which patrons have access, while in a state of nudity.

7.160 Advertising Restrictions.

No adult business regulated under Sections 7.100 to 7.185 shall cause to be placed or maintained, in such a location as can be viewed by persons in any public street, any sign(s), photographic, pictorial or other graphic representation(s) that depict in whole or in part, or any page, poster or other printed matter bearing a verbal description or narrative account of, the following:

(1) Sadomasochistic abuse, sexual conduct or sexual excitement, as defined in ORS 167.060; or

(2) Nudity.

7.165 Hours of Operation.

No nude entertainment shall occur in an adult business between the hours of 2:00 a.m. and 8:00 a.m.

7.170 Exterior Design Restrictions.

No adult business shall have a window or door on the exterior wall which permits an interior view of the premises from the street or sidewalk.

7.175 Maintenance of Premises in Violation Declared a Nuisance – Abatement.

Any establishment maintained in violation of the provisions of Sections 7.100 to 7.185 is declared to be a public nuisance. The city attorney is authorized to bring any action or suit to abate such nuisance by seeking injunctive or any other appropriate relief in any appropriate forum when they have reasonable cause to believe a nuisance under this section exists, regardless of whether or not any individual has been convicted of a violation of Sections 7.100 to 7.185.

7.180 Inspection of Premises.

A police officer or other City employee designated by the City Manager may, during the hours the establishment is open for business, upon presentation of proper identification, inspect those portions of any premises in which an adult business regulated under Sections 7.100 to 7.185 is conducted that are open to or frequented by patrons and the records kept on the premises as required by Section 7.150. Such inspection shall be limited in scope to that necessary to determine compliance with the regulatory provisions of Sections 7.100 to 7.185. Except when an emergency exits, the police officer or City employee shall obtain the consent of the person on the premises who is in charge of the establishment before entering the establishment. Failure to permit the inspection shall be grounds for revocation or suspension of the permit required by Sections 7.100 to 7.185. If the inspection is not permitted, the police officer or City employee may obtain a warrant of the municipal court authorizing entry for the purpose of inspection.

(2) No warrant shall be issued under the terms of Sections 7.100 to 7.185 until an affidavit has been filed with the Municipal Court, showing probable cause for the inspection, by stating the purpose and extent of the proposed inspection, citing Sections 7.100 to 7.185 as the basis for the inspection, whether it is an inspection instituted by complaint, and other specific or general information concerning the business in question.

(3) No person shall interfere with or attempt to prevent a police officer or City employee from entering upon private premises and inspecting any business when an emergency exists or the police officer or City employee exhibits a warrant authorizing entry.

7.185 Penalty.

(1) The violation of any provision of Sections 7.100 to 7.185 shall subject the violator to suspension or revocation of the involved permit pursuant to Section 7.140 as well as judicial proceedings as noted in Section 7.175.

(2) Violation of any provision of Section 7.155 is punishable upon conviction by a fine of not more than $500.00 or by imprisonment not to exceed six months, or both.

ALARM SYSTEMS

7.200 Purpose and Scope.

(1) The purpose of this section through Section 7.250 is to establish reasonable standards for users, to ensure alarm users are held responsible for the proper operation of their alarm system, to ensure that alarm business are held responsible for the proper installation and/or activation of an alarm system, to ensure that monitoring businesses are held responsible for proper verification of false alarms, and to reduce the number of false alarms requiring a response from the City’s emergency services and thus preventing them from carrying out other duties.

(2) This section through 7.250 govern emergency alarm systems, require permits, establish fees, provide for allocation of revenues and deficits, provide for revocation of permits, provide for punishment of violations and establish a system of administration.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

7.205 Definitions.

As used in Sections 7.200 through 7.250, the following words and phrases shall have the meanings given to them in this section:

Alarm Business. The business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed an alarm system at an alarm site.

Alarm Dispatch Request. A notification to the Police Department that an alarm, either manual or automatic, has been activated at an alarm site.

Alarm Registration. The process of issuing a registration number by the coordinator to an alarm user authorizing the operation of an alarm system.

Alarm Registration Number. A sequence of alphanumeric characters assigned to an alarm user when it is registered.

Alarm Site. Any building, structure or facility that is served by one or more alarm systems. In a multi-unit building or complex, each unit shall be considered a separate alarm site if served by a separate alarm system. In a single unit building containing two or more separate businesses with separate alarm systems, each business will be considered a separate alarm site.

Alarm System. An assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an emergency requiring urgent attention and to which police, fire, or emergency medical personnel are expected to respond.

Alarm User. The person, firm, partnership, association, corporation, company or organization of any kind in control of an alarm site.

Alarm User Awareness Class. A class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems, problems created by false alarms and effective strategies to reduce false alarms.

Automatic Dialing Device. A device connected to a telephone line or internet connection programmed to select a predetermined telephone number or internet location and transmit by voice message or code signal an emergency message indicating a need for emergency response.

Cancellation. The termination of a police response to an alarm site after an alarm dispatch request is made but before an officer’s arrival at the alarm site.

Chief of Police. Director of police services for the City or their designated representative.

City. The City of West Linn.

Communications Center. The City facility used to receive emergency and general information from the public to be dispatched to City emergency services.

Coordinator. The individual(s) designated by the Chief of Police to issue alarm registrations and enforce the provisions of Sections 7.200 through 7.250.

Enhanced Call Coordination Procedures. The process by which a monitoring business makes two attempts to contact alarm user prior to initiating an alarm dispatch request.

False Alarm. An alarm signal resulting in the responding emergency officer finding no evidence of an unauthorized entry, robbery, or other such crime attempted at the alarm site. This does not include an alarm signal caused by violent conditions of nature or other extraordinary events not reasonably subject to control by the alarm business operator or alarm user.

Governmental Political Unit. Any tax-supported public agency.

Monitoring. The process of receiving signals from an alarm system and relaying to Police Department.

Monitoring Business. The business by any individual, partnership, corporation, or other entity of providing monitoring services.

Police Department. The West Linn Police Department.

Primary trunk line. A telephone line leading directly into the communications center that is designated to receive emergency calls.

Takeover. The transaction or process by which an alarm user assumes control of an existing alarm system, which was previously controlled by another alarm user.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

7.210 Alarm User’s Permit Required.

[Repealed by Ordinance No. 1733, adopted 01-18-2022.]

7.211 Alarm Registrations – Fees – Suspension.

(1) An alarm user shall not operate, or cause to be operated, any alarm system at an alarm site without a valid alarm registration number. A separate alarm registration number is required for each alarm site having a distinct address or business name. A completed alarm registration along with the applicable registration fee shall be submitted to and approved by the coordinator prior to any alarm system activation. A 30-day grace period shall be granted from the date of all new alarm activations or takeovers to accommodate the alarm registration process.

(2) Initial and renewal fees for alarm registration shall be collected by the coordinator.

(3) Any alarm site or alarm user, including, but not limited to, governmental political units and alarm users 65 years of age or older, that may be exempt from payment of registration fees must still complete the alarm registration process and are subject to all other fees, fines, and suspension enforcement, except when such action is prohibited by statute or law.

(4) An alarm registration number shall expire one year from the date of issuance and must be renewed annually by the alarm user. The coordinator shall notify the alarm user of the need to renew the alarm registration number 30 days prior to the expiration of the alarm registration number. It is the responsibility of the alarm user to submit the updated information and renewal fees prior to the expiration date. Failure to renew the alarm registration number shall be classified as use of a nonregistered alarm system and may be subject to a fine and late charge. Failure to pay the renewal fee may result in suspension of police response to the alarm site. Any suspension of police response will be reinstated upon full payment of renewal fees and any applicable fines and/or late charges.

(5) The amount of alarm registration fees shall be established in the City’s master fee schedule.

(6) Upon receipt of a completed alarm registration application form and fee, the coordinator shall issue an alarm registration number or renewal to the applicant, unless:

(a) The applicant has failed to pay any fee or charge assessed under this chapter; or

(b) An alarm registration for the alarm site has been revoked, and the condition(s) resulting in the revocation have not been corrected; or

(c) The alarm business listed on the application is not in possession of a current valid business license issued by the City; or

(d) The applicant has made a false statement of material fact on the application for the purpose of obtaining an alarm registration.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

7.212 Transfer of Alarm Registration Prohibited.

(1) An alarm registration cannot be transferred to another alarm user or alarm site. An alarm user shall inform the coordinator and monitoring business of any material change to the information listed on the alarm registration application within 10 business days after such change.

(2) The coordinator, in its discretion, may make exceptions to this section when the transfer is among members of the family of the original alarm user or successors in interest to the alarm site.

[Added by Ordinance No. 1733, adopted 01-18-2022.]

7.213 Alarm Business Duties and Obligations.

Any alarm business providing services within the City shall have the following duties and obligations:

(1) Provide the coordinator with the name, address and phone number of any monitoring business it uses to monitor alarm sites within the City.

(2) Provide the City with a list of all alarm users, including contact and mailing information, that are using the alarm business’s services within the City.

(3) Provide the alarm user, upon the activation of an alarm system, with:

(a) The requirements to apply for an alarm registration;

(b) The consequences for false alarms, including possible fines;

(d) Initial training in the operation of the alarm system.

(4) Notify the coordinator within 30 days of new alarm system activation.

(5) Ensure audible alarm systems include a device which will limit the duration of the audible signal to a period of not more than 15 minutes per activation.

(6) Ensure alarm systems are supplied with an uninterrupted power supply in such a manner that the failure or interruption of the normal electric utility service for a period of up to four hours will not activate the alarm system.

(7) Maintain records demonstrating compliance with this section and provide documentation to the City upon request.

[Added by Ordinance No. 1733, adopted 01-18-2022.]

7.214 Monitoring Business Duties and Obligations.

Any monitoring business providing monitoring services within the City shall have the following duties and obligations:

(1) Provide the coordinator with the name, address and phone number of any alarm business for which it provides monitoring services.

(2) Employ enhanced call confirmation procedures whereby the monitoring business makes two attempts to contact alarm user prior to initiating an alarm dispatch request.

(3) Communicate alarm dispatch requests and cancellations to Police Department in a manner and form directed by coordinator.

(4) Communicate all available zone activation information as part of alarm dispatch request.

(5) Communicate to Police Department if it knows an alarm user is on the way to the alarm site.

(6) Maintain all records relating to alarm dispatch requests for a period of at least one year and provide documentation to the City upon request.

(7) Notify the coordinator of any updated contact and/or mailing information for alarm user.

[Added by Ordinance No. 1733, adopted 01-18-2022.]

7.215 User Instructions.

[Repealed by Ordinance No. 1733, adopted 01-18-2022.]

7.220 Automatic Dialing Device – Certain Connections Prohibited.

(1) It is unlawful for any person to program an automatic dialing device to select a primary trunk line; and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line within 12 hours of receipt of written notice from the coordinator that it is so programmed.

(2) Within 60 days after the effective date of the ordinance codified in Sections 7.200 through 7.250, all existing automatic dialing devices programmed to select a primary trunk line shall be reprogrammed or disconnected.

(3) It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the City; and it is unlawful for an alarm user to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the coordinator that an automatic dialing device is so programmed.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

7.225 False Alarms – Registration Revocation – Appeal.

(1) Any alarm system which has 10 or more false alarms during its registration period shall be subject to having the alarm registration revoked, which may result in a suspension of response to any future alarm dispatch requests.

(2) If the communications center records 10 or more false alarms during a registration period for any alarm system:

(a) The coordinator shall provide written notice to the alarm user by certified mail, return receipt requested, of the excessive false alarms and direct the alarm user to submit a report to the coordinator within 10 days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarms. Refusal of an alarm user to accept or receive the written notice shall not excuse the alarm user from compliance with this section, and any alarm user so refusing or failing to accept the written notice shall be deemed to have received notice as of the date of the final attempt of the United States Postal Service to effect delivery.

(b) If the alarm user submits a report as directed, the coordinator shall determine if the actions taken or to be taken will reasonably prevent the occurrence of future false alarms. If the coordinator determines that the actions will reasonably prevent the occurrence of future false alarms, the coordinator shall provide written notice to the alarm user by certified mail, return receipt requested, that the alarm registration will not be revoked, conditioned upon the faithful performance of the corrective action. The notice will further advise the alarm user that future false alarms resulting from the failure to perform the corrective action may result in the revocation of the alarm registration. The coordinator shall provide written notice to the alarm user, by certified mail, return receipt requested, of subsequent false alarms and that the alarm registration will be revoked effective 10 days from the date of the written notice.

(c) If the alarm user does not submit a report, or if the coordinator determines that the actions taken or to be taken will not prevent the occurrence of false alarms, the coordinator shall provide written notice to the alarm user, by certified mail, return receipt requested, that the alarm registration will be revoked effective 10 days from the date of the written notice, and the alarm user’s right to appeal the determination pursuant to subsection (3) of this section.

(d) The coordinator shall deliver a copy of any notices described within this section to the respective alarm business and/or monitoring business.

(3) Within 10 days of an alarm registration being revoked, an alarm user may appeal the revocation to the Chief of Police. Upon receipt of a notice of appeal, the Chief of Police shall cause an investigation into the reason for the City’s action, and shall inform the alarm user of their findings and decision within 20 days. If the alarm user is dissatisfied with the decision of the Chief of Police, the alarm user may appeal to the City Manager, or its designee, within 10 days from the written notification of the decision of the Chief of Police. The decision of the City Manager shall be final.

[Amended by Ordinance No. 1621, adopted 04-21-2014; amended by Ordinance No. 1733, adopted 01-18-2022.]

7.230 False Alarm – Fines – Fees – Late Charges.

(1) [Repealed by Ordinance No. 1733, adopted 01-18-2022.]

(2) Repealed by Ordinance No. 1733, adopted 01-18-2022.]

(3) The coordinator may assess the alarm user a fine for a false alarm occurring at that alarm user’s alarm site. The amount of false alarm fines shall be established in the City’s master fee schedule.

(4) If a false alarm fine is not paid by the alarm user within 30 days after issuance of the notice, a late charge, as established in the City’s master fee schedule, shall be imposed.

(5) An alarm user operating a nonregistered alarm system incurring a false alarm shall be imposed an additional fine in an amount as established in the City’s master fee schedule.

(6) If a cancellation occurs, then the response is not considered a false alarm and no false alarm fine will be assessed against the alarm user.

(7) A fine in an amount as established in the City’s master fee schedule shall be imposed against an alarm business that fails to timely notify the coordinator of new alarm system activations or provide accurate contact and mailing information for an alarm site as required by this chapter.

(9) A fine in an amount as established in the City’s master fee schedule shall be imposed against a monitoring business that fails to follow enhanced call confirmation procedures or fails to provide updated contact and mailing information for an alarm site as required by this chapter.

(10) The coordinator may waive the false alarm fine for the first false alarm during each alarm registration period, conditioned on the successful completion by the alarm user of the online alarm user awareness class within 30 days of the fine notice to the alarm user. Alarm users without online access may request the class be mailed to them and the City will allow the alarm user a reasonable amount of additional time to complete the alarm user awareness class taking into account mail delivery.

(11) An alarm business or monitoring business may appeal a fine imposed under this section by submitting a written notice of appeal to the Chief of Police. Upon receipt of a notice of appeal, the Chief of Police shall cause an investigation into the reason for the City’s action, and shall inform the alarm business or monitoring business of their findings and decision within 20 days. If the alarm business or monitoring business is dissatisfied with the decision of the Chief of Police, the alarm business or monitoring business may appeal to the City Manager, or its designee, within 10 days from the written notification of the decision of the Chief of Police. The decision of the City Manager shall be final.

[Amended by Ordinance No. 1575, adopted 09-22-2008; amended by Ordinance No. 1733, adopted 01-18-2022.]

7.235 Confidentiality Statistics.

(1) All information submitted in compliance with Sections 7.200 through 7.250 shall be held in the strictest confidence and shall be deemed a public record exempt from disclosure under Oregon’s Public Records Laws to the extent allowed by Oregon law. Any violation of confidentiality shall be deemed a violation of Sections 7.200 through 7.250. The coordinator shall be charged with the sole responsibility for the maintenance, disclosure, retention, and destruction after expiration of the established retention schedule of all records of any kind whatsoever under Sections 7.200 through 7.250.

(2) Subject to the requirements of confidentiality, the coordinator shall develop and maintain statistics having the purpose of evaluating and assessing the performance and compliance of the alarm system, alarm businesses and monitoring businesses.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

7.240 Allocation of Revenues and Expenses.

All fees and fines collected pursuant to Sections 7.200 through 7.250 shall be general fund revenue of the City.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

7.245 City Immunity.

The issuance of an alarm registration does not create a contract between the City and/or the Police Department and any alarm user, alarm business or monitoring business, nor does it create a duty or obligation, either express or implied, to respond to any alarm. Any and all liability and consequential damage resulting from the failure of the Police Department to respond to an alarm dispatch request is hereby disclaimed and full governmental immunity as provided by law is retained. The alarm user acknowledges that the Police Department response is influenced by the availability of officers, priority of calls, traffic conditions, weather conditions, emergency conditions, staffing levels, and prior response history.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

7.250 Code Enforcement Action.

(1) Enforcement of Sections 7.200 through this section may be by civil action as provided in ORS 30.315.

(2) Violation of, or the failure to comply with, the provisions of Sections 7.200 through this section may be punished upon a conviction as set out in Sections 1.205 through 1.260.

(3) In the event that fines and fees assessed are not paid in full per the guidelines set forth in this chapter, the City reserves the right to assign the debt for collection.

[Amended by Ordinance No. 1733, adopted 01-18-2022.]

HANDGUN PURCHASE BACKGROUND INVESTIGATION FEE

7.275 Processing Fee.

A processing fee shall be charged for each handgun purchaser background investigation performed pursuant to ORS 166.420(3)(a). The fee shall be submitted to the Police Department with the background inspection request by the dealer. Failure to submit the proper fee with the request shall be grounds for rejection of the application.

7.280 Fee Classification.

The City Council finds that the processing fee authorized by Section 7.275 is not a tax subject to the property tax limitations of Article XI, Section 11B, of the Oregon Constitution.

7.285 Penalty.

Failure to remit the processing fee for any background investigation shall be punishable by a fine not to exceed $100.00 per occurrence.

REGULATING DOOR-TO-DOOR SOLICITATIONS

7.300 Purpose.

The City Council finds it necessary and desirable to regulate solicitation in order to provide an effective opportunity for the occupants of residential property to protect themselves from the unwanted disruption of the peaceful and quiet enjoyment of their property and right to privacy caused by solicitors, and to provide a means by which those solicitors who choose to intrude upon and disrupt that quiet enjoyment of property can be held accountable for such violations.

[Amended by Ordinance No. 1494, adopted 03-19-2003.]

7.305 Definition.

For the purposes of Sections 7.300 to 7.335, the terms “solicit” and “solicitation” shall mean the entry onto real property used for residential purposes by a person for the purpose of communicating with an occupant of the property, whether the communication is verbal, visual or in writing.

7.310 Prohibited Acts, Penalties.

(1) It is unlawful for any person to:

(a) Solicit before 9:00 a.m. or after 9:00 p.m., local time, without the consent of the occupant to do so;

(b) Allow, suffer or permit any person soliciting on their behalf or under their direction to commit any act prohibited by this section;

(c) Leave written materials upon real property where a sign conforming to the requirements of Section 7.335 is posted, without the consent of the occupant to do so;

(d) Solicit upon real property where a sign conforming to the requirements of Section 7.335 is posted;

(2) Violation of this section is punishable as a Class A violation.

[Section 7.310 amended by Ordinance No. 1494, adopted 03-19-2003; amended by Ordinance No. 1621, adopted 04-21-14.]

7.315 Consent to Enter Onto Real Property, Exemption.

(1) It shall be an affirmative defense to an alleged violation of Section 7.310 that the person charged with the violation or crime had received actual or constructive consent of the occupant prior to entering the real property. Constructive consent to enter real property may be implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships.

(2) The occupant of real property shall be considered to have given constructive consent to enter real property for the purpose of solicitation between the hours of 9:00 a.m. and 9:00 p.m., local time, if they have not posted a “No Solicitation” sign, pursuant to Section 7.335.

(3) Nothing in this section shall be construed to authorize the entry into a structure located on real property. The right to enter any structure must be otherwise provided for by law.

(4) Officers, employees or agents of a governmental entity while performing activities within the scope of their office, employment or agency are exempt from the requirements of Sections 7.300 to 7.335.

7.335 “No Solicitation” Sign.

(1) If an occupant of real property chooses to prohibit solicitors from entering onto the property, the occupant may post a “No Solicitation” sign pursuant to this section. The effect of the posting of such a sign is to express the refusal of the occupant to grant consent to any person to enter their real property to solicit, except to those persons exempt from these provisions by Section 7.315(4).

(2) Signs posted pursuant to this section shall be clearly visible and posted on or near the boundaries of the property at the normal points of entry, and contain the words “No Solicitation,” or similar verbiage, in characters no less than one-half inch in height.

(3) For real property possessing no apparent barriers to entry at the boundaries of the property which limit access to the primary entrance of a structure located on the property, placement of the sign at the primary entrance to the structure constitutes compliance with this section. If the “No Solicitation” sign is placed at the primary entrance to the structure, it shall not be a violation to enter the property to approach the primary entrance; provided, that the person entering does not seek to gain entry to the structure or communicate with someone inside the structure.

[Section 7.335 amended by Ordinance No. 1494, adopted 03-19-2003; amended by Ordinance No. 1619, adopted 03-17-2014.]

[Note: Under “Regulating Door-to-Door Solicitations” the following sections were repealed by Ordinance No. 1494, adopted 03-19-2003: Section 7.320 – Registration Statement; Section 7.325 – Issuance of Certificate of Registration, Revocation; Section 7.330 – Form of Certificate of Registration, Term; and Section 7.340 – Evidentiary Matters.]

SOCIAL GAMING

7.375 Prohibited Gaming.

Except as provided in Section 7.380, no person shall engage in social games or gambling within the City.

7.380 Exceptions.

(1) Charitable, social, nonprofit civic associations and religious organizations may engage in social games where no house player, house bank or house odds exist and there is no house income from the operation of the social games.

(2) Charitable, social and religious organizations may operate bingo, lotto or raffles in compliance with ORS 167.118 and when licensed to operate such games pursuant to ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530.

7.385 Definitions.

The definitions in ORS 167.117 are applicable to Sections 7.375 and 7.380.

MARIJUANA ENTITY BAN

7.390 Definitions.

Marijuana. The plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.

Marijuana processing site. An entity registered with the Oregon Health Authority to process marijuana.

Marijuana processor. An entity licensed by the Oregon Liquor Control Commission to process marijuana.

Marijuana producer. An entity licensed by the Oregon Liquor Control Commission to manufacture, plant, cultivate, grow or harvest marijuana.

Marijuana retailer. An entity licensed by the Oregon Liquor Control Commission to sell marijuana items to a consumer in this state.

Marijuana wholesaler. An entity licensed by the Oregon Liquor Control Commission to purchase items in this State for resale to a person other than a consumer.

Medical marijuana dispensary. An entity registered with the Oregon Health Authority to transfer marijuana.

[Added by Ordinance No. 1644, adopted 1-11-2016.]

7.392 Ban Declared.

In accordance with Section 134 of House Bill 3400 (2015), the following establishments are prohibited in the area subject to the jurisdiction of the City of West Linn:

(1) Marijuana processing sites;

(2) Medical marijuana dispensaries;

(3) Marijuana producers;

(4) Marijuana processors;

(5) Marijuana wholesalers; and

(6) Marijuana retailers.

[Added by Ordinance No. 1644, adopted 1-11-2016.]

7.394 Exception.

The prohibition in Section 7.392 does not apply to a marijuana processing site or medical marijuana dispensary that meets the conditions set out in any of the following sections of House Bill 3400 (2015): Section 134(6), Section 134(7), Section 135, or Section 136.

[Added by Ordinance No. 1644, adopted 1-11-2016.]

MARIJUANA TAX

7.400 Purpose.

For the purposes of this subchapter, every person who sells marijuana, medical marijuana or marijuana-infused products in the City of West Linn is exercising a taxable privilege. The purpose of this subchapter is to impose a tax upon the retail sale of marijuana, medical marijuana, and marijuana-infused products.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.402 Definitions.

The following words and phrases used in this subchapter have the following meanings, unless the context clearly requires otherwise:

(1) “Gross sales” means the total amount received in money, credits, property or other consideration from sales of marijuana, medical marijuana and marijuana-infused products that is subject to the tax imposed by this subchapter.

(2) “Marijuana” means all parts of the plant of the Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(3) “Oregon Medical Marijuana Program” means the office within the Oregon Health Authority that administers the provisions of ORS 475.300 through 475.346, the Oregon Medical Marijuana Act, and all policies and procedures pertaining thereto.

(4) “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or any group or combination acting as a unit, including the United States of America, the State of Oregon and any political subdivision thereof, or the manager, lessee, agent, servant, officer or employee of any of them.

(5) “Purchase or sale” means the acquisition or furnishing for consideration by any person of marijuana or marijuana-infused product within the City.

(6) “Registry identification cardholder” means a person who has been diagnosed by an attending physician with a debilitating medical condition and for whom the use of medical marijuana may mitigate the symptoms or effects of the person’s debilitating medical condition, and who has been issued a registry identification card by the Oregon Health Authority.

(7) “Retail sale” means the transfer of goods or services in exchange for any valuable consideration.

(8) “Seller” means any person who is required to be licensed or has been licensed by the State of Oregon to provide marijuana or marijuana-infused products to purchasers for money, credit, property or other consideration.

(9) “Tax” means either the tax payable by the seller or the aggregate amount of taxes due from a seller during the period for which the seller is required to report collections under this subchapter.

(10) “Taxpayer” means any person obligated to account to the City Manager for taxes collected or to be collected, or from whom a tax is due, under the terms of this subchapter.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.405 Tax Imposed.

A tax is hereby levied and shall be paid by every seller exercising the taxable privilege of selling marijuana and marijuana-infused products as defined in this subchapter. The City Manager is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection, and administration of the marijuana tax.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.410 Amount and Payment, Deductions.

(1) In addition to any fees or taxes otherwise provided for by law, every seller engaged in the sale of marijuana and marijuana-infused products shall pay a tax as follows:

(a) Five percent of the gross sale amount paid to the seller by a registry identification cardholder.

(b) Ten percent of the gross sale amount paid to the seller of marijuana and marijuana-infused products by individuals who are not registry identification cardholders purchasing marijuana or marijuana-infused products under the Oregon Medical Marijuana Program.

(2) The following deductions shall be allowed against sales received by the seller providing marijuana or marijuana-infused products:

(a) Refunds of sales actually returned to any purchaser;

(b) Any adjustments in sales which amount to a refund to a purchaser, providing such adjustment pertains to the actual sale of marijuana or marijuana-infused products and does not include any adjustments for other services furnished by a seller.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.412 Seller Responsible for Payment of Tax.

(1) Every seller shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January) make a return to the City Manager, on forms provided by the City, specifying the total sales subject to the tax and the amount of tax collected under this subchapter. The seller may request or the City Manager may establish shorter reporting periods for any seller if the seller or City Manager deems it necessary in order to ensure collection of the tax and the City Manager may require further information in the return relevant to payment of the tax. A return shall not be considered filed until it is actually received by the City Manager.

(2) At the time the return is filed, the full amount of the tax collected shall be remitted to the City Manager. Payments received by the City Manager for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions that are not prejudicial to the interest of the City. A condition considered prejudicial is the imminent expiration of the statute of limitations for a period or periods.

(3) Nondesignated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. If the City Manager, in their sole discretion, determines that an alternative order of payment application would be in the best interest of the City in a particular tax or factual situation, the City Manager may order such a change. The City Manager may establish shorter reporting periods for any seller if the City Manager deems it necessary in order to ensure collection of the tax. The City Manager also may require additional information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by sellers pursuant to this subchapter shall be held in trust for the account of the City until payment is made to the City Manager. A separate trust bank account is not required in order to comply with this provision.

(4) Every seller required to remit the tax imposed in this subchapter shall be entitled to retain five percent of all taxes due to defray the costs of bookkeeping and remittance.

(5) Every seller must keep and preserve in an accounting format established by the City Manager records of all sales made by the dispensary and such other books or accounts as may be required by the City Manager. Every seller must keep and preserve for a period of three years all such books, invoices and other records. The City Manager shall have the right to inspect all such records at all reasonable times.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.415 Penalties and Interest.

(1) Any seller who fails to remit any portion of any tax imposed by this subchapter within the time required shall pay a penalty of 10 percent of the amount of the tax, in addition to the amount of the tax.

(2) Any seller who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of 10 percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed.

(3) If the City Manager determines that the nonpayment of any remittance due under this subchapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (1) and (2) of this section.

(4) In addition to the penalties imposed, any seller who fails to remit any tax imposed by this subchapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

(5) Every penalty imposed, and such interest as accrues under the provisions of this section, shall become a part of the tax required to be paid.

(6) All sums collected pursuant to the penalty provisions in subsections (1) and (3) of this section shall be distributed to the City of West Linn General Fund to offset the costs of auditing and enforcement of this tax.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.420 Failure to Report and Remit Tax – Determination of Tax by City Manager.

If any seller should fail to make, within the time provided in this subchapter, any report of the tax required by this subchapter, the City Manager shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the City Manager shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this subchapter and payable by any seller, the City Manager shall proceed to determine and assess against such seller the tax, interest and penalties provided for by this subchapter. In case such determination is made, the City Manager shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the seller so assessed at the last known place of address. Such seller may make an appeal of such determination as provided in Section 7.425. If no appeal is filed, the City Manager’s determination is final and the amount thereby is immediately due and payable.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.425 Appeal.

Any seller aggrieved by any decision of the City Manager with respect to the amount of such tax, interest and penalties, if any, may appeal pursuant to Section 1.400.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.430 Refunds.

(1) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously collected or received by the City under this subchapter, it may be refunded as provided in subsection (2) of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the City Manager within one year of the date of payment. The claim shall be on forms furnished by the City Manager.

(2) The City Manager shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The City Manager shall notify the claimant in writing of the City Manager’s determination. Such notice shall be mailed to the address provided by claimant on the claim form. In the event a claim is determined by the City Manager to be a valid claim, in a manner prescribed by the City Manager a seller may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously collected or received. The seller shall notify the City Manager of claimant’s choice no later than 15 days following the date the City Manager mailed the determination. In the event claimant has not notified the City Manager of claimant’s choice within the 15-day period and the seller is still in business, a credit will be granted against the tax liability for the next reporting period. If the seller is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form.

(3) Any credit for erroneous overpayment of tax made by a seller taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a seller must be so taken or filed within three years after the date on which the overpayment was made to the City.

(4) No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the City Manager acknowledged the validity of the claim.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.435 Actions to Collect.

Any tax required to be paid by any seller under the provisions of this subchapter shall be deemed a debt owed by the seller to the City. Any such tax collected by a seller, which has not been paid to the City, shall be deemed a debt owed by the seller to the City. Any person owing money to the City under the provisions of this subchapter shall be liable to an action brought in the name of the City of West Linn for the recovery of such amount. In lieu of filing an action for the recovery, the City of West Linn, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of West Linn has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of $50.00 or 50 percent of the outstanding tax, penalties and interest owing.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.440 Violation.

Violation of this subchapter shall constitute a violation pursuant to Section 1.205, Penalty Designated. It is a violation of this subchapter for any seller or other person to:

(1) Fail or refuse to comply with this subchapter;

(2) Fail or refuse to furnish any return required to be made;

(3) Fail or refuse to permit inspection of records;

(4) Fail or refuse to furnish a supplemental return or other data required by the City Manager;

(5) Render a false or fraudulent return or claim; or

(6) Fail, refuse or neglect to remit the tax to the City by the due date.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.445 Confidentiality.

Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of this subchapter. Nothing in this section shall prohibit:

(1) The disclosure of the names and addresses of any person who is operating a licensed establishment from which marijuana or marijuana-infused products are sold or provided; or

(2) The disclosure of general statistics in a form which would not reveal an individual seller’s financial information; or

(3) Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the City Manager or an appeal from the City Manager for amount due the City under this subchapter; or

(4) The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or

(5) The disclosure of records related to a business’ failure to report and remit the tax when the report or tax is in arrears for over six months or the tax exceeds $5,000. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5).

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.447 Audit of Books, Records, or Persons.

(1) The City, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by the City for that purpose, any books, papers, records, or memoranda, including copies of seller’s State and Federal income tax return, bearing upon the matter of the seller’s tax return. All books, invoices, accounts and other records shall be made available within the City limits and be open at any time during regular business hours for examination by the City Manager or an authorized agent of the City Manager.

(2) If the examinations or investigations disclose that any reports of sellers filed with the City Manager pursuant to the requirements of this subchapter have shown incorrectly the amount of tax accruing, the City Manager may make such changes in subsequent reports and payments, or make such refunds, as may be necessary to correct the errors disclosed by its examinations or investigations.

(3) The seller shall reimburse the City for reasonable costs of the examination or investigation if the action disclosed that the seller paid 95 percent or less of the tax owing for the period of the examination or investigation. In the event that such examination or investigation results in an assessment by and an additional payment due to the City, such additional payment shall be subject to interest at the rate of nine percent per year from the date the original tax payment was due.

(4) If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the City Manager may immediately seek a subpoena from the West Linn Municipal Court to require that the taxpayer or a representative of the taxpayer attend a hearing or produce any such books, accounts and records for examination.

(5) Every seller shall keep a record in such form as may be prescribed by the City Manager of all sales of marijuana and marijuana-infused products. The records shall at all times during the business hours of the day be subject to inspection by the City Manager or authorized officers or agents of the City Manager.

Every seller shall maintain and keep, for a period of three years, all records of marijuana and marijuana-infused products sold.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

7.449 Forms and Regulations.

The City Manager is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said marijuana tax and in particular and without limiting the general language of this subchapter, to provide for:

(1) A form of report on sales and purchases to be supplied to all vendors.

(2) The records which sellers providing marijuana and marijuana-infused products are to keep concerning the tax imposed by this subchapter.

[Added by Ordinance No. 1631, adopted 10-01-2014.]

TRANSIENT LODGING TAX

7.450 Definitions.

“Accrual accounting” means the operator enters the rent due from a transient on the operator’s records when the rent is earned, whether or not it is paid.

“Cash accounting” means the operator does not enter the rent due from a transient on the operator’s records until rent is paid.

“City” means the City of West Linn, Oregon.

“City Manager” means the City Manager of West Linn or their designee.

“Occupancy” means the use or possession, or the right to the use or possession, of any space in transient lodging for dwelling, lodging or sleeping purposes for less than 30 days.

“Operator” means the transient lodging provider or transient lodging intermediary.

“Person” means any individual, firm, partnership, joint venture, limited liability company, limited liability partnership, association, social club, social organization, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

“Rent” means the consideration paid or payable by a transient for the occupancy of space in transient lodging, valued in money, goods, labor, credits, property or other consideration, including any consideration allocated or assigned for meals or other incidental services. Extra person, cleaning fees, charges for pets, charges for additional items of room furnishings, and other occupancy-related charges that are deemed “unavoidable” shall be considered rent.

“Tax” means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which the operator is required to report collections.

“Tax Administrator” means the Finance Director of the City of West Linn, or their designee, which may include the Oregon Department of Revenue. If the City utilizes the Oregon Department of Revenue as its Tax Administrator, it will comply with ORS 305.620 in that it will follow the rules adopted by the Department of Revenue regarding the administration, collection, enforcement, and distribution of transient lodging taxes.

“Tourism promotion” means any of the following activities:

(a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists;

(b) Conducting strategic planning and research necessary to stimulate future tourism development;

(d) Marketing special events and festivals designed to attract tourists.

“Tourism-related facility” means:

(a) A conference center, convention center, or visitor information center; and

(b) Other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities.

“Transient” means any person who exercises occupancy or is entitled to occupancy in transient lodging for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. The day a transient checks out of transient lodging shall not be included in determining the 30-day period if the transient is not charged rent for that day by the operator. Any such person so occupying space in transient lodging shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the person providing for a longer period of occupancy, or the tenancy actually extends more than 30 consecutive days.

“Transient lodging” or “transient lodging facilities” means:

(a) Hotel, motel, and inn dwellings that are used for temporary overnight human occupancy;

(b) Spaces used for overnight parking of recreational vehicles or placement of tents during periods of human occupancy; or

(c) Houses, cabins, condominiums, apartment units or other dwelling units, or portions of any of these dwelling units that are used for temporary human occupancy.

“Transient lodging intermediary” means a person other than a transient lodging provider that facilitates the retail sale of transient lodging and:

(a) Charges for occupancy of the transient lodging;

(b) Collects the consideration charged for occupancy of the transient lodging; or

(c) Receives a fee or commission and requires the transient lodging provider to use a specified third-party entity to collect the consideration for occupancy of the transient lodging.

“Transient lodging provider” means a person that furnishes transient lodging.

“Transient lodging tax” means the tax imposed on a transient for the privilege of occupancy of transient lodging in the City.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023; amended by Ordinance No. 1753, adopted 03-11-2024.]

7.452 Tax Imposed.

(1) Each transient shall pay a transient lodging tax in the amount of six percent of the rent charged by the operator. The transient lodging tax amount shall be rounded down to the nearest cent. The transient lodging tax constitutes a debt owed by the transient to the City, which is extinguished only by payment by the operator to the City. The transient shall pay the transient lodging tax to the operator of the transient lodging at the time the rent is paid. The operator shall enter the transient lodging tax on the operator’s records when rent is collected if the operator keeps records on the cash accounting basis. If rent is paid in installments, a proportionate share of the transient lodging tax shall be paid by the transient to the operator with each installment.

(2) Bills, receipts, or invoices provided to transients shall list the transient lodging tax separately and must accurately state the amount of tax.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.455 Collection of Tax by Operator, Rules for Collection.

(1) Every operator shall collect the transient lodging tax from the transient at the time rent is paid, unless an exception applies.

(2) In all cases of credit or deferred payment of rent, the payment of the transient lodging tax to the operator may be deferred until the rent is paid, and the operator shall not be liable for the transient lodging tax until credits are paid or deferred payment is made. The operator is liable for any transient lodging tax that should have been collected from the transient, except in cases of nonpayment of rent by transient.

(3) [Repealed by Ordinance No. 1750, adopted 09-11-2023.]

(4) The City Manager shall enforce Sections 7.450 through 7.492 and shall have the power to adopt rules and regulations not inconsistent with Sections 7.450 through 7.492 as may be necessary to aid in the enforcement. Prior to adoption of rules and regulations, the City Manager shall give public notice of intent to adopt rules and regulations, provide copies of the proposed rules and regulations to interested parties, and conduct a public hearing on the proposed rules and regulations. Public notice shall be given when rules and regulations have been finally adopted. Copies of current rules and regulations shall be made available to the public upon request. It is a violation of Sections 7.450 through 7.492 to violate rules and regulations duly adopted by the City Manager.

(5) The City may elect to enter into an agreement with the State of Oregon Department of Revenue for collection of transient lodging tax. The Department of Revenue shall collect the local transient lodging taxes that the Department collects for the City pursuant to that agreement on a local level rather than a regional level.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.457 Operator’s Duties.

Transient lodging providers and transient lodging intermediaries that collect consideration charged for temporary human occupancy are required to collect the City’s transient lodging tax and report and remit the tax to the City.

Each operator shall collect the tax imposed by this chapter at the same time as the rent is collected from every transient. The amount of tax shall be separately stated upon the operator’s records and any receipt rendered by the operator. No operator of a hotel shall advertise that the tax, or any part of the tax, will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, when added, any part will be refunded, except in the manner provided by this chapter.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.460 Exemptions.

No transient lodging tax under this chapter shall be imposed upon:

(1) Dwelling units occupied by the same person for more than 30 consecutive calendar days (a person who pays for lodging on a monthly basis, irrespective of the number of days in such month, shall not be deemed a transient);

(2) Monthly rentals as evidenced by a bona fide lease agreement indicating a clear landlord/tenant relationship;

(3) Any person whose rent is of a value of less than $10.00 per day;

(4) Dwelling units used by the general public for less than 30 days in a calendar year. However, this exemption does not apply when the dwelling unit is rented using a transient lodging intermediary platform on or after September 29, 2019;

(5) Employees, officials, or agents of the U.S. government and employees of Federal instrumentalities (i.e., American Red Cross) on official business. Such employees must provide proof of employment and/or pay with a government-issued credit card in order to be granted exemption from the transient lodging tax;

(6) Dwelling units in a hospital, health care facility, long-term care facility or any other residential facility that is licensed, registered or certified by the Oregon Department of Human Services or the Oregon Health Authority;

(7) Dwelling units in a facility providing treatment of drug or alcohol abuse or providing mental health treatment; and

(8) Dwelling units in a nonprofit youth or church camp, nonprofit conference center or other nonprofit facility.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.462 Registration of Operator.

(1) Every person engaging or about to engage in business as a transient lodging provider shall provide a completed registration form to the Tax Administrator within 15 calendar days after commencing business. The privilege of registration after the date of imposition of such tax shall not relieve any person from the obligation of payment or collection of tax regardless of registration.

(2) The registration form shall require the operator to provide the name under which the operator transacts or intends to transact business, any separate business addresses, the address of any transient lodging facility owned or operated by operator, and such other information to facilitate the collection of the tax as the Tax Administrator may require. The registration shall be signed by the operator.

(3) The Tax Administrator shall, within 10 days after registration, issue without charge a certificate of authority to operator to collect the transient lodging tax, together with a duplicate thereof for each additional place of business of each operator. Certificates shall be nonassignable and nontransferable and shall be surrendered immediately to the Tax Administrator upon the cessation of business at the location named or upon its sale or transfer. Each certificate and duplicate shall state the specific transient lodging facility to which it is applicable and shall be prominently displayed at that transient lodging facility.

(4) Certificates shall, among other things, state the following:

(a) The name of the operator;

(b) The address of the transient lodging facility;

(d) The certificate number as assigned by the Tax Administrator; and

(e) The following language:

THIS TRANSIENT OCCUPANCY REGISTRATION CERTIFICATE signifies that the person named on the face hereof has fulfilled the requirements of the TRANSIENT LODGING TAX CODE of West Linn, Oregon, by registering with the tax administrator for the purposes of collecting from transients the lodging tax imposed by said City and remitting said tax to the tax administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, or to operate a lodging establishment without strictly complying with all of the local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of the City of West Linn. This certificate does not constitute a permit.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.465 Due Date, Returns, and Payments.

(1) All amounts of such taxes collected by any operator are due and payable to the Tax Administrator on a monthly basis on the fifteenth day of the month for the preceding month and are delinquent on the last day of the month in which they are due. If the last day of the month falls on a holiday or weekend, amounts are delinquent at the close of the first business day that follows.

(2) On or before the fifteenth day of the month following each month of collection, operators must submit a completed tax return form to the Tax Administrator, reporting the amount of tax due during the preceding month. The return shall be filed in such form as the Tax Administrator may prescribe by every operator liable for payment of tax.

(3) Returns shall show the gross rents collected, taxable rents, the total amount of transient lodging tax collected and the amount of administrative fee retained by the operator. Returns shall also show the exempt and excluded rents and the basis for exemptions and exclusions.

(4) The person required to file the return shall deliver the return, together with the remittance of the amount of transient lodging tax due, to the Tax Administrator at the appropriate office, either by personal delivery or by mail. If the return is mailed, the postmark shall be considered the date of delivery for determining delinquencies.

(5) For good cause, the Tax Administrator may extend for up to 30 days the time for making any return or payment of transient lodging tax. No further extension shall be granted, except by the City Council. Any operator to whom an extension is granted shall pay interest at the rate of one percent per month on the amount of transient lodging tax due without proration for a fraction of a month. If a return is not filed and the transient lodging tax and interest due are not paid by the end of the extension granted, then the interest shall become a part of the transient lodging tax for computation of penalties described in Section 7.467.

(6) The operator shall be permitted to deduct as collection expense an administrative fee of five percent of the amount of the transient lodging taxes collected, excluding any interest or penalties, as shown on the return mentioned in subsection (3) of this section.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.467 Penalties and Interest.

(1) Interest shall be added to the overall tax amount due at the same rate established under ORS 305.220 for each month, or fraction of a month, from the time the return to the Tax Administrator was originally required to be filed to the time of payment.

(2) If a transient lodging tax collector fails to file a return or pay the tax as required, a penalty shall be imposed in the same manner and amount provided under ORS 314.400.

7.470 Deficiencies.

(1) If the Tax Administrator determines that the returns are incorrect, the Tax Administrator may compute and determine the amount required to be paid upon the basis of any information within the Tax Administrator’s possession, or that may come into the Tax Administrator’s possession. One or more deficiency determinations may be made of the amount due for one, or more than one, period, and the amount so determined shall be due and payable immediately upon service of notice as herein provided, after which the amount determined is delinquent. Penalties on deficiencies shall be applied as set forth in Section 7.467.

(2) In making a determination, the Tax Administrator may offset any overpayments which may have been previously made for a period or periods against any underpayment for a subsequent period or periods or against penalties and interest on the underpayments. The interest on underpayments shall be computed in the manner set forth in Section 7.467.

(3) In the event of a deficiency determination, the Tax Administrator shall give to the operator written notice of the Tax Administrator’s determination. The notice may be made by personal delivery or certified or registered mail, return receipt requested. If by mail, the notice shall be addressed to the operator at the operator’s address as it appears on the records of the Tax Administrator.

(4) Except in the case of fraud or intent to evade this code, notice of deficiency determinations shall be sent within three years after the last day of the month following the close of the monthly period for which the amount is proposed to be determined or within three years after return is filed, whichever period expires later.

(5) Any deficiency shall become due and payable within 10 days after the delivery of the deficiency determination notice. The operator may petition for redetermination if the petition is filed before the determination becomes final as herein provided.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.472 Fraud, Refusal to Collect, Evasion.

If any operator fails or refuses to collect, report, or remit the tax, makes a fraudulent return, or otherwise violates or willfully attempts to violate this chapter, the Tax Administrator shall proceed in such manner as the Tax Administrator deems best to obtain facts and information upon which to base an estimate of the tax due. As soon as the Tax Administrator determines the tax due, the Tax Administrator shall calculate the amount owing from the operator for transient lodging tax remittance, interest, and penalties and shall provide notice to operator pursuant to Section 7.470(3) of the amount so assessed. Such determination and notice shall be made and delivered within three years after discovery by the Tax Administrator of the violation. The determination shall become due and payable immediately upon receipt of notice and shall become final within 10 days after the delivery of the determination notice. The operator may, however, petition for redetermination if the petition is filed before the determination becomes final as herein provided.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.475 Operator Delay.

If the Tax Administrator believes that the collection of any tax or any amount of tax required to be collected and paid to the City will be jeopardized by delay, or any determination will be jeopardized by delay, the Tax Administrator shall make a determination of the tax or amount of tax required to be collected, noting the fact upon the determination. The amount determined shall be immediately due and payable, and the operator shall immediately pay such determination to the Tax Administrator after service of notice. The operator may petition, after payment has been made, for redetermination if the petition is filed before the determination becomes final.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.478 Redeterminations.

(1) Any person against whom a determination is made under Section 7.470, 7.472, or 7.475 may file a petition for a redetermination with the Tax Administrator within 10 days of service of notice of tax deficiency. A determination becomes final if a petition for redetermination is not timely filed.

(2) If the petition for redetermination is filed within the allowable period, the Tax Administrator shall reconsider the determination, and if the petitioner has so requested in the petition, shall grant the petitioner an oral hearing and shall give the person 10 days’ notice of the time and place of the hearing. The Tax Administrator may continue the hearing from time to time as may be necessary.

(3) The Tax Administrator shall issue a redetermination decision after considering the petition and all available information and mail the decision to the petitioner. The Tax Administrator may decrease or increase the amount of the determination as a result of the hearing.

(4) The decision of the Tax Administrator upon a petition for redemption or redetermination and refund becomes final 10 days after service upon the petitioner of decision, unless the petitioner files an appeal of the decision with the Hearing Officer pursuant to the administrative appeals process in Section 1.400 et seq.

(5) No petition or appeal shall be effective for any purpose unless the operator has first complied with the payment provisions.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1621, adopted 04-21-14; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.480 Refunds.

(1) Refunds by City to Operator. If the operator remits more transient lodging tax, penalty, or interest than is due, the operator may file a claim in writing stating the facts relating to the claim, within three years from the date of remittance. The claim shall be made on forms provided by the Tax Administrator. If the claim is approved by the Tax Administrator, the excess amount shall be either refunded or credited on any amount due from the operator.

(2) Refunds by City to Transient. An operator may file a claim in writing within three years of payment providing the facts relating to the claim for refund. If the Tax Administrator determines the tax was collected and remitted to the City and the transient was not required to pay the tax or overpaid, the City shall issue a refund to the transient.

(3) Refunds by Operator to Transient. If a transient has paid tax to an operator but stays a total of 30 or more consecutive days in the same transient lodging facility, the operator shall refund to the transient any tax collected for any portion of the continuous stay. The operator shall account for such collection and refund to the Tax Administrator. If the operator has remitted the tax prior to refund or credit to the transient, the operator shall be entitled to a corresponding refund or offset under this section.

(4) Burden of Proof. The person claiming the refund shall have the burden of proving the facts that establish the basis for the refund.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.482 Security for Collection of Tax.

(1) The Tax Administrator, after delinquencies or whenever the Tax Administrator deems it necessary to ensure compliance with this chapter, may require any operator to deposit with the Tax Administrator such security in the form of cash, bond, or other security as the Tax Administrator may determine. The amount of the security shall be fixed by the Tax Administrator but shall not be greater than twice the operator’s estimated average monthly liability for the period for which the operator files returns, determined in such manner as the Tax Administrator deems proper, or $5,000, whichever amount is lesser. The amount of the security may be increased or decreased by the Tax Administrator subject to the limitations herein provided.

(2) At any time within three years after any tax or any amount of tax required to be collected becomes due and payable or at any time within three years after any determination becomes final, the Tax Administrator may bring an action in the courts of this state, or any other state, or of the United States in the name of the Tax Administrator to collect the amount delinquent together with penalties and interest.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.485 Administration.

(1) Every operator shall keep records of each transaction involving rent and the collection of the transient lodging tax. All records shall be retained by the operator for a period of at least three years and six months.

(2) The Tax Administrator may examine or cause to be examined during normal business hours the books, papers, and accounting records of any operator relating to the receipt of rent and the remittance of the transient lodging tax, after notification to the operator, and may investigate or cause to be investigated the business of the operator in order to verify the accuracy of any return made, or if no return is made by the operator, to ascertain and determine the amount required to be paid.

(3) It shall be unlawful for the Tax Administrator or any person having an administrative or clerical duty under the provisions of this code to make known in any manner whatsoever any information submitted or disclosed to the Tax Administrator under the terms of Sections 7.450 through 7.492; provided, that nothing in this subsection shall be construed to prevent:

(a) The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the purpose of administrating or enforcing any provision of this code, or collecting taxes imposed hereunder.

(b) Disclosure of information to the transient lodging tax collector and the transient lodging tax collector’s agents.

(d) Disclosures required by ORS Chapter 192.

(e) Disclosures required by ORS Chapter 297.

(4) Seventy percent of the revenue from the transient lodging tax shall be used for tourism promotion and tourism-related facilities. Thirty percent of the revenue from the transient lodging tax shall be used for City services.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1725, adopted 03-08-2021; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.488 Appeals.

Any person aggrieved by a final decision of the Tax Administrator may appeal to the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq.

7.490 Violations.

Any violation of this chapter is a Class A violation. Each day that a violation remains uncured is a separate infraction. The City may institute any necessary legal proceedings to enforce the provisions of this chapter. These rights shall be in addition to any other remedies allowed by law.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1621, adopted 04-21-14; amended by Ordinance No. 1750, adopted 09-11-2023.]

7.492 Transient Lodging Tax Account.

(1) There is hereby created the transient lodging tax account.

(2) The City Manager shall place all monies received pursuant to this code in the transient lodging tax account.

(3) The City shall budget and distribute funds from the transient lodging tax account in a manner consistent with the requirements of ORS 320.300 through 320.365.

[Added by Ordinance No. 1571-A, adopted 07-14-2008; amended by Ordinance No. 1750, adopted 09-11-2023.]

PUBLIC UTILITIES PRIVILEGE TAX

7.500 Authority.

The privilege tax for use and occupancy of City streets covered by Sections 7.500 to 7.525 is enacted pursuant to the authority of the City under Oregon law, including the authority to impose privilege taxes on public utilities.

7.505 Tax Imposed.

A tax for the privilege of occupying and using streets and other facilities within the City of one and one-half percent is imposed on the gross revenue received by any supplier of electrical energy to consumers within the City that has received a franchise from the City.

[Section 7.505 amended by Ordinance No. 1477 adopted 11-28-2001.]

7.510 Methodology for Calculation.

The term “gross revenue” shall have the same meaning as set forth in the franchise ordinance granting a franchise to the Portland General Electric Company, or if that franchise ordinance does not define the term, in the franchise agreement with Portland General Electric Company. The methodology for calculating tax shall be identical to the methodology for calculating Portland General Electric Company’s franchise fee.

[Section 7.510 amended by Ordinance No. 1477 adopted 11-28-2001.]

7.515 Tax Collection.

The tax imposed by Sections 7.500 to 7.525 shall be due semi-annually for the preceding six-month period. The tax shall be due as follows:

(1) On or before April 1st, the tax for part or all of the six-month period extending from July 1st through December 31st, inclusive of both dates, of the preceding calendar year; and

(2) On or before October 1st, the tax for part or all of the six-month period extending from January 1st, through June 30th, inclusive of both dates, of the same calendar year.

7.520 Effective Date.

The tax for the privilege of occupying and using streets and other facilities shall become effective as of May 1, 1993, for gross revenues from energy consumption within the city on and after that date.

7.525 Classification of Tax.

The city council determines that the tax imposed by Sections 7.500 to 7.525 is not a tax subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution.

CABLE TELEVISION – FRANCHISE REGULATIONS

7.600 Definitions.

For purposes of sections 7.600 to 7.635, unless the context requires otherwise, the following mean:

Access. The availability for use by various agencies, institutions, organizations, groups and individuals in the community, including the city and its designees, of the cable communications system to acquire, create, and distribute programming not under the franchisee’s editorial control, including, but not limited to public, educational and government programming.

Cable service. Programming, in any combination, provided on the cable communications system to subscribers.

Cable Communications System. A system of plant, facilities, equipment, and closed signal transmission paths, including, without limitation, antennas, cables, amplifiers, towers, microwave links, studios, real and personal property, and any and all other conductors, home terminals, converters, remote control units, and all associated equipment or facilities designed and constructed for the purposes of distributing cable service to subscribers and of producing, receiving, amplifying, storing, processing or distributing audio, video, voice, digital, analog or other forms of electronic or optical signals, whether processed by or owned, rented, leased, leased-purchased or otherwise controlled by or within the responsibility of the franchisee.

Franchise. The privilege conferred upon a person, firm or organization by the city to operate a cable communications system under the terms and provisions of sections 7.600 to 7.635.

Franchisee. The person, firm or organization to which a franchise is granted to operate a cable communications system pursuant to the authority of sections 7.600 to 7.635.

Leased Access Channel. Any channel or portion of a channel commercially available for programming for persons other than the franchisee for a fee or charge, or other considerations to be paid by those persons to the franchisee.

Programming. The process of causing television programs or other patterns of signals in video, voice or data formats to be transmitted on the cable communications system, and includes all programs or patterns of signals transmitted or capable of being transmitted, on the cable communications system.

Public Right-of-Way. The surface of, and the space above and below, any public street, road, alley, highway, dedicated way, local access road or road easement used or intended to be used by the general public for motor vehicles, and any utility easement within the city, to the extent the city has the right to allow the franchisee to use them.

7.605 Authority.

The city council of the city of West Linn recognizes, declares and establishes the authority to regulate the construction, operation and maintenance of cable communications systems (hereinafter “systems”) for the area located with the city limits and to exercise all powers necessary for that purpose, including, but not limited to, the following:

(1) To grant by resolution, nonexclusive franchises for the development and operation of a system or systems.

(2) To impose different franchise requirements based on reasonable classifications.

(3) To contract, jointly agree or otherwise provide with other local or regional governments, counties or special districts for the development, operation, and/or regulation of systems, or franchises therefor, notwithstanding the fact that the systems extend beyond the jurisdiction of the city.

(4) To purchase, hire, construct, own, maintain, operate or lease a system and to acquire property necessary for any such purpose.

(5) To regulate and supervise all facets of a system, including but not limited to:

(a) Consumer service, consumer protection and privacy standards.

(b) Disputes among the city, franchisees, and subscribers.

(d) The development, management and control of access channels.

(e) Programming, channel capacity and system interconnections.

(f) Rates and review of finances for rate adjustments.

(g) Construction timetables, standards, and service extension policies.

(h) Modernization and upgrade of technical aspects.

(i) Leased access channels.

(j) Ensuring adherence to federal, state and local regulations.

(k) Franchise transfer and transfer of control of ownership.

(l) Franchise renewal.

(m) Franchise revocation.

(n) Enforcement of buy-back, lease-back or option-to-purchase provisions.

(o) Receivership and foreclosure procedures.

(p) Compliance with city standards for public rights-of-way.

(q) Regulate telecommunications utilities which operate a cable communications system.

(6) Reserve the power to exercise this grant of authority to the fullest extent allowed by law, and in a manner that is consistent with superior law.

7.610 Grant of Franchise, Renewal.

(1) In the event that the council finds it in the best interests of the city to consider granting a franchise for a system, the procedures set forth in sections 7.600 to 7.635 shall be followed.

(2) By resolution of the council, the city manager shall be directed to prepare a request for proposal (hereafter referred to as an “RFP”) containing at least the following:

(a) Information and instructions relating to the preparation and filing of bid proposals.

(b) Requirements regarding the development, operation and regulation of a system, including but not limited to the following:

(i) The length, renewal and transfer or assignment of the franchise, including foreclosure and receivership provisions,

(ii) A description of the franchise territory and the extension of service,

(iii) Access requirements,

(iv) The system design,

(v) Technical performance standards,

(vi) Fees, records and reporting,

(vii) Indemnification, insurance, and liability for damages, and

(viii) Provision of an option for the city to acquire the system upon revocation or expiration of the franchise.

(3) When a person is operating an existing system without a franchise, by resolution of the council, the city manager shall be directed to prepare a proposed franchise, containing at least the requirements listed in (2)(b) above, for presentation to the operator.

(4) The council, by resolution, may:

(a) Approve the RFP, or proposed franchise, as proposed, or modify or otherwise make amendments thereto as it deems necessary;

(b) Authorize the city manager to seek bids for a system pursuant to the RFP, or enter discussions with a current operator on the award of a franchise.

(5) The council may award a franchise only after a public hearing on the proposed franchise, notice of which shall be published in a local newspaper of general circulation in the city at least ten days prior to the date of the hearing. The potential franchisee shall be notified by mail of the public hearing; provided, however, that no defect in the notice or failure to notify shall invalidate the franchise awarded. The Council may award the franchise, modify the proposed franchise and award or take no action.

(6) No franchise or award thereof shall be deemed final until adoption of a resolution containing the terms and conditions thereof. The franchisee shall bear the costs of all publications and notices given in connection with the award of the franchise, and the costs incurred by the City in evaluating the proposed franchise.

(7) A request for renewal of a franchise will be considered and processed in conformance with federal law. The Council may, by resolution, adopt procedures to be followed in the consideration of a renewal request.

7.615 Administration of Cable Communications Provisions and Franchise.

The Council shall have the power to carry out any or all of the following functions:

(1) Employ the service of a technical consultant, to assist in the analysis of any matter related to any franchise, RFP or proposed franchise under Sections 7.600 to 7.635;

(2) Act on applications for franchises;

(3) Act on matters which might constitute grounds for revocation or termination of a franchise pursuant to its terms;

(4) Resolve disagreements among franchisees and public and private users of the system;

(5) Consider requests for rate settings or adjustments;

(6) Coordinate and facilitate the use of access channels;

(7) Act in intergovernmental matters relating to systems, cooperate with regulators and operators of other systems, and supervise interconnection of systems;

(8) Review all franchisee records required by the franchise and, in the Council’s discretion, require the preparation and filing of information additional to that required by the franchise;

(9) Conduct evaluations of the system and the franchisee’s compliance with franchise requirements at least every three years;

(10) Adopt and amend regulations and procedures necessary to enforce franchises and to clarify terms thereof;

(11) Appoint an advisory committee to assist the Council in exercising its authority pursuant to Sections 7.600 to 7.635;

(12) Any other actions the Council deems necessary to carry out the purpose of Sections 7.600 to 7.635.

7.620 Intergovernmental Agreements.

The Council may enter into intergovernmental agreements as authorized by Oregon law, with any other jurisdiction to provide for the cooperative regulation and control of any aspect of a cable communications system. Such agreements may provide for the delegation of any and all powers of the Council to an entity provided for in the intergovernmental agreement, except for the powers to enter into or revoke a franchise agreement.

7.625 Violation and Penalties.

(1) Any person, firm or corporation, other than the City, whether as principal, agent, employee or otherwise, violating or causing the violation of any provision of Sections 7.600 to 7.635 or performing any of the acts or functions itemized under Section 7.600, which defines a cable communications system, without having been awarded a franchise to perform said acts or functions pursuant to the terms of Sections 7.600 to 7.635 shall be deemed to have committed a violation.

(2) Violation by a franchisee of any provision of a franchise granted pursuant to Sections 7.600 to 7.635 is an violation.

(3) Each violation occurring on a separate day is considered a separate violation of Sections 7.600 to 7.635.

[Amended by Ordinance No. 1621, adopted 04-21-14.]

7.630 Cumulative Remedies.

The rights, remedies and penalties provided in this section are cumulative and not mutually exclusive and are in addition to any other rights, remedies and penalties available to the City under any other chapter or law.

7.635 Injunctive Relief.

Upon authorization by the Council, the City Attorney may commence an action in the circuit court or other appropriate court to enjoin the continued violation of any provision of Sections 7.600 to 7.635.

LIQUOR LICENSE REVIEW

7.700 Purpose.

The purpose of Sections 7.700 to 7.740 is to provide administrative procedures and criteria for the City’s review of liquor license applications. The City Manager shall make a recommendation to the Commission concerning all applications for premises within the city. The recommendation may be to grant, grant with restrictions, or deny the application.

[Amended by Ordinance No. 1478, adopted 11-28-2001; amended by Ordinance No. 1570, adopted 06-23-2008.]

7.705 Scope of Provisions.

Sections 7.700 to 7.740 shall govern the procedures and criteria for consideration of liquor license applications and City recommendation to the Oregon Liquor Control Commission.

[Amended by Ordinance No. 1570, adopted 06-23-2008.]

7.710 Definitions.

For the purpose of Sections 7.700 to 7.740 the following mean:

Applicant. The person or entity who submits an application to the Commission.

Application. The written request to the Commission to grant or renew a liquor license for premises within the City limits.

Commission. The Oregon Liquor Control Commission.

Liquor License. A license to sell liquor issued by the Commission.

Notice of Application. The notice provided by an applicant to the City of an application for a new liquor license as required by Section 7.715.

Notice of Renewal. The notice provided by the Commission to the City under OAR 845-005-0304 listing liquor licenses within the City that are scheduled for renewal.

[Amended by Ordinance No. 1478, adopted 11-28-2001; amended by Ordinance No. 1570, adopted 06-23-2008.]

7.715 Notice of Application Required.

(1) An applicant shall provide the City Manager with a notice of application for any new liquor license in a form approved by the City Manager. The notice shall include:

(a) A copy of the application;

(b) A request that the City issue a written recommendation to the Commission concerning the application;

(d) The name of the applicant, with address; if a partnership, the names and addresses of all partners; if the business is a corporation, the name and address of the home office, and the name and address of the designated agent in the state; if a foreign corporation, the name and address of the local agent or representative of the business in the City;

(e) The address of the location where the business will be located in the City;

(f) Any other relevant information the City Manager deems necessary for review;

(g) The signature of the applicant or the agent making the application.

Subsections (1)(c) through (e) of this section do not have to be separately stated if included in the copy of the application provided to the City.

(2) At the time of submission of the notice of application, the applicant shall be required to pay a fee in an amount set by Council resolution and consistent with applicable statutes.

[Amended by Ordinance No. 1478, adopted 11-28-2001; amended by Ordinance No. 1570, adopted 06-23-2008.]

7.717 Renewal Fee.

Any holder of a liquor license for premises located within the City shall submit a renewal fee to the City prior to the date on which the license is to be renewed. A copy of the renewal application must accompany the fee.

[Added by Ordinance No. 1478, adopted 11-28-2001; amended by Ordinance No. 1570, adopted 06-23-2008.]

7.720 City Manager’s Duties.

(1) The City Manager shall maintain a record of all notices of application and all notices of renewal received. The City Manager shall notify the affected neighborhood association in a timely manner of the application.

(2) The City Manager may require an applicant to supply any relevant additional information to determine the qualifications of the applicant.

(3) The City Manager shall review the application and make a recommendation to the Commission within 25 days of the receipt of notice of a new application, and within 40 days of the receipt of notice of an application renewal.

(4) If the recommendation is for denial or approval with restrictions, the City Manager shall mail notice to the applicant as is provided by Section 7.730. If the applicant requests a public hearing on the application, or the City Manager determines to hold a public hearing, or the City Manager refers the application to the City Council for a public hearing, the City Manager shall request an extension of time from the Commission to submit the City’s recommendation to the Commission. If the Commission does not grant a time extension, the City Manager shall deny the request for a hearing and shall submit the City’s recommendation to the Commission. If the Commission grants the time extension, the City Manager shall schedule a public hearing either before the City Manager or before the City Council on the application. The final recommendation by the City must be submitted within 90 days of the notice of new application if an extension is granted, and within 105 days of the notice of application renewal if an extension is granted, or such other time as determined by the Commission.

[Amended by Ordinance No. 1478, adopted 11-28-2001; amended by Ordinance No. 1570, adopted 06-23-2008.]

7.725 Hearing Procedure.

(1) Upon adverse recommendation by the City Manager, request by the applicant for a public hearing, determination by the City Manager to hold their own public hearing, or referral of the application by the City Manager to the City Council for a public hearing, and agreement from the Commission to an extension of time, a public hearing before the City Manager or the City Council will be scheduled and notice given pursuant to Section 7.730.

(2) The applicant may be represented by legal counsel, but legal counsel shall not be provided at public expense.

(3) Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

(4) Irrelevant and unduly repetitious evidence shall be excluded.

(5) After due consideration of all pertinent information and testimony, the City Manager or City Council shall make its recommendation. The recommendation shall be based upon the criteria established by state law and shall be final. In the case of a recommendation of an unfavorable determination, the specific reasons for the recommendation shall be announced at the meeting and set out in the City Manager’s or City Council’s minutes. A copy of the minutes shall be provided to the Commission.

[Amended by Ordinance No. 1478, adopted 11-28-2001; amended by Ordinance No. 1570, adopted 06-23-2008.]

7.730 Applicant Notice.

Before the City Manager recommends denial or approval with restrictions of a liquor license application to the Commission, notice of the decision must be given to the applicant either personally or by registered or certified mail postmarked not later than 10 days prior to the decision date. The notice shall contain:

(1) A statement of the time of decision;

(2) A statement from the City Manager of the matter(s) asserted or charged supporting the adverse recommendation;

(3) A statement that the applicant may request a public hearing on the recommendation within five days of mailing or receipt of the notice of decision to recommend denial, and that the applicant must not object to a request by the City to the Commission for an extension of time to provide a City recommendation;

(4) A statement that the applicant may be represented by legal counsel at the hearing, but legal counsel shall not be provided at public expense;

(5) A statement that a copy of Sections 7.700 to 7.740 may be obtained at the City Manager’s office.

[Amended by Ordinance No. 1570, adopted 06-23-2008.]

7.735 Public Notice.

[Repealed by Ordinance No. 1570, adopted 06-23-2008.]

7.740 Standards and Criteria.

The City Manager or the City Council shall make a recommendation for approval, denial or approval with restrictions of the liquor license application based on the City Manager’s or Council’s evaluation of the relevant standards and criteria. The City Manager or Council shall apply the standards and criteria established by state law. The recommendation shall be based upon grounds allowed by state law and the administrative rules of the Commission and shall be supported by reliable factual information.

[Amended by Ordinance No. 1478, adopted 11-28-2001; amended by Ordinance No. 1570, adopted 06-23-2008.]

PUBLIC TELEPHONE BOOTHS

7.750 Permit Grant.

A revocable permit is granted to the Pacific Northwest Bell Telephone Company, its successors and assigns to install, maintain and operate public telephone booths at various locations on City property and City streets on the following terms:

(1) Location of Booths. Sites for the location or relocation of telephone booths shall be selected by the permittee, subject to approval of the City.

(2) Installation and Maintenance. The permittee shall bear the entire cost of installation, maintenance, relocation and removal of every telephone booth installed under this permit.

(3) Commissions. The permittee shall pay to the City a commission equal to 15 percent of the net contents of the coin box of each public telephone installed hereunder, after deduction for applicable excise taxes. After this permit becomes effective, such commissions shall be paid to the City semiannually.

(4) Electricity. With approval of the City, the permittee, where feasible, may interconnect with electric service furnished to the City.

(5) Removal of Booths. Upon 30 days’ notice, the City, for cause, may require the permittee to remove or relocate any telephone booth installed hereunder. The permittee on its own initiative may remove any telephone booth at any time but shall restore the surface to good condition, and safe for public use, considering the nature and location of the property.

(6) Termination of Permit. This permit may be discontinued voluntarily by the permittee, only after 30 days’ notice. In event of such termination, the permittee shall remove all installations hereunder within 90 days and in compliance with provisions of subsection (5) of this section.

7.755 Indemnification of City.

The permit granted by Sections 7.750 to 7.760 is subject to the condition that permittee, its successors and assigns, forever will indemnify, and save the City, its officers, agents and employees harmless from and against any and all liability, loss, cost, damage and expense, and any and all claims for injury or death to persons and damage to property, directly or indirectly arising from the installation, maintenance, or operation of telephone booths under this permit. The City shall promptly notify the permittee upon receipt of any claim or demand against which it is, or may be held harmless by the permittee under this indemnification. As evidenced by its written acceptance of the terms and conditions as provided in Section 7.760, the permittee understands and agrees that the permit is granted only upon, and constitutes consideration for, this indemnification.

7.760 Filing of Acceptance.

Sections 7.750 to 7.760 are not operative until the permittee has filed with the City manager a written acceptance of all terms and conditions contained herein, signed by an authorized official of said corporation and approved as to form by the city attorney.

SPECIAL EVENT PERMITS

7.800 Definitions.

As used in Sections 7.800 to 7.880, the following words and phrases shall have the meanings given to them in this section:

Applicant. Any person or organization who seeks a special event permit from the City Manager to conduct a special event governed by this chapter. An applicant who is an individual must be 18 years of age or older.

Athletic Event. An occasion in which a group of persons collectively engage in a sport or other form of physical exercise on a City street, sidewalk, alley or the street right-of-way, which obstructs, delays, or interferes with the normal flow of pedestrians or vehicular traffic or does not comply with traffic laws and controls. Athletic events include bicycle and foot races within City rights-of-way.

Block Party. A festive gathering on a residential or commercial street or area requiring a closure of a street, or a portion thereof, to vehicular traffic and use of the street for the festivity.

Carnival. The exhibiting or conducting of a traveling show or of entertainment open to the public, including any caravan, museum, menagerie, animal collection, circus, sideshow, rodeo, carnival, animal exhibition, feats of horsemanship, acrobatic performance, “wild west” show, or any other show or entertainment similar in character.

City Manager. The City Manager or, in the Manager’s absence, the Acting City Manager.

Special Events. Carnivals, community celebrations, outdoor festivals, athletic events, block parties, parades, fairs, animal races, and similar public gatherings that take place on City property or rights-of-way or that require the closure of any portion of a City street.

[Added by Ordinance No. 1493, adopted 02-05-2003.]

7.810 Permit Required.

(1) Permit Required. Any person intending to conduct a special event in the City of West Linn shall first obtain a special event permit from the City Manager.

(2) Exemptions. A special event permit is not required for the following:

Funeral processions

Garage sales

(3) Application Procedure.

Application. Any person desiring to conduct a special event not exempted herein shall apply for a special event permit by filing an application with the City Manager on a form supplied by the City Manager. All applications shall be submitted not less than 30 days nor more than six months before the event date.

Late Application. The City Manager may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police services for the event, if good cause for late submission is received. Good cause shall be deemed demonstrated if the application shows that the circumstances which gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed by this chapter.

Application Fee. An application for a special event permit shall be accompanied by a non-refundable permit application fee in an amount established by resolution of the City Council.

[Added by Ordinance No. 1493, adopted 02-05-2003.]

7.820 Action on Application.

The City Manager shall approve, conditionally approve, or deny an application on the grounds specified in Section 7.830(A)(1) through (9). Such action shall be taken within 15 days from time of application submittal. If the application is denied or approved on conditions other than those accepted by the applicant, the City Manager shall inform the applicant of the grounds for denial in writing, or the reason for the conditions imposed, simultaneously with notice of the decision, and shall further inform the applicant of the right of appeal. If the City Manager relied on information about the event other than that contained in the application, the City Manager shall inform the applicant of additional information considered. The applicant shall be notified of any permit conditions at the time the application is approved and of the applicant’s right to appeal the permit conditions. If the City Manager refuses to consider a late application, the City Manager shall inform the applicant of that fact within 48 hours and shall inform applicant of the applicant’s right of appeal.

[New Section 7.820 added by Ordinance No. 1493, adopted 02-05- 2003.]

7.830 Grounds for Denial of Application for a Fairs, Festivals and Special Event Permit – Imposition of Conditions.

(1) Considerations. The City Manager shall deny an application for a special event permit only if the City Manager determines from a consideration of the application and other pertinent information that one or more of the following exists:

(a) Information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading;

(b) The applicant fails to complete the application after having been notified of the additional information or documents requested;

(c) The City Manager has earlier received an application to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the Police Department is unable to meet the needs for police services for both events;

(d) The time, route, or size of the event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion;

(e) The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around the event, is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the event;

(f) The size of the event is reasonably likely to require diversion of so great a number of police officers of the City to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event.

(g) The parade, or other event moving along a route, is not reasonably likely to move from its point of origin to its point of termination in four hours or less;

(h) The location of the event is reasonably likely to substantially interfere with any construction or maintenance work previously granted an encroachment permit or create a risk to event participants from such construction or maintenance work;

(i) The event is reasonably likely to occur at a time when a school is in session, at a route or location adjacent to the school, and the noise created by the activities of the event would substantially disrupt the educational activities of the school;

(2) Conditional Approvals. When the grounds for denial of an application for a permit specified in subsections (1)(d) through (i) of this section can be corrected by altering the date, time, duration, route or location of the event, the City Manager, instead of denying the application, shall conditionally approve the application pursuant to Section 7.840. The conditions imposed shall provide for only such modification of the applicant’s proposed event as are necessary to achieve compliance with subsections (1)(d) through (i) of this section and shall be consistent with rules and regulations established by the City Manager.

[New Section 7.830 added by Ordinance No. 1493, adopted 02-05-2003.]

7.840 Permit Conditions.

(1) The City Manager may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and any additional requirements necessary to protect the safety of persons and property or to provide for adequate control of traffic. Conditions may include, but need not be limited to the following:

(a) Alteration of the date, time, route or location of the event proposed on the event application;

(b) Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route;

(c) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;

(d) Requirements for street closure and/or traffic control in accordance with a City-approved traffic control plan. If public works personnel are involved, suitable prior arrangements must be made in advance with the City Manager for reimbursement of time and materials expended.

(e) Requirements for provision of first aid, sanitary or emergency facilities;

(f) Requirements for use of event monitors and some method for providing notice of permit conditions to event participants;

(g) Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of, but not limited to floats, structures and decorated vehicles for fire safety by the TVF&R District;

(h) Compliance with animal protection ordinances and laws;

(i) Requirements for use of garbage containers, cleanup and restoration of City property;

(j) Restrictions on use of amplified sound;

(k) Compliance with any relevant ordinance, law or adopted City policies in obtaining any legally required permit or license;

(l) Restrictions on the sale of alcoholic beverages;

(m) Conditions concerning issuance of liability protection;

(n) Conditions concerning adequate security. It is the applicant’s responsibility to provide adequate security forces. If City police are involved, suitable prior arrangements must be made in advance with the City Manager for reimbursement of time and materials expended.

(2) An application for a special event permit to conduct a block party may be conditioned on notice and approval by fifty percent of the owners or tenants or dwellings or businesses along the affected street(s);

[New Section 7.840 added by Ordinance No. 1493, adopted 02-05-2003.]

7.850 Permit Issuance.

The City Manager shall issue the special event permit once the application has been approved, the applicant has agreed in writing to comply with the terms and conditions of the permit, the application fee and any required deposits have been paid, and all of the requirements of this chapter have been satisfied.

[New Section 7.850 added by Ordinance No. 1493, adopted 02-05-2003.]

7.860 Appeal Procedure.

The applicant shall have the right to appeal (1) denial of a permit, (2) a permit condition, (3) a determination not to act on a late application, and (4) a refusal to issue a permit based on a determination that the applicant’s insurance policy does not satisfy a condition imposed under Section 7.840. A notice of appeal stating the grounds of appeal with specificity, in addition to the requirements in Section 1.410(2)(b), shall be filed with the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq.

[New Section 7.860 added by Ordinance No. 1493, adopted 02-05-2003; amended by Ordinance No. 1621, adopted 04-21-14.]

7.870 Cleanup Deposits for Certain Special Events.

(1) Cleanup Deposit. The applicant for an event (including but not limited to) involving the sale of food or beverages, erection of structures, participation of horses or other large animals, or use of water aid stations, shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in an amount established by the City Council by resolution.

(2) Refund. The cleanup deposit shall be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. If the actual cost for cleanup is less than the estimated cost, the applicant will be refunded the difference. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the City upon the applicant’s receipt of the bill.

(3) Appeals. The applicant may dispute and appeal the cleanup charge by filing an appeal with the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq.

[New Section 7.870 added by Ordinance No. 1493, adopted 02-05-2003; amended by Ordinance No. 1621, adopted 04-21-14.]

CITY SPONSORSHIP OF EVENTS

7.900 City Sponsorship of Events.

The City recognizes that private events may contribute to public interest, to West Linn’s citizens and to neighborhoods by providing entertainment, amusement, education and other benefits. In recognition of the benefits to the City, its neighborhoods, and its citizens, the City may choose to sponsor private events held within the City that are determined to be in the public interest. A decision by the City Council to sponsor an event shall be made by the City Council by resolution.

[New Section 7.900 added by Ordinance No. 1493, adopted 02-05-2003.]

7.910 Support by City of Sponsored Events.

City sponsorship may include City support (cash payments, in-kind services, fee waivers, and/or access to City facilities or insurance) as identified in the sponsoring resolution. If City sponsorship includes cash payments, the sponsoring resolution will identify a targeted funding amount. A target amount may be adjusted, however, during the City’s annual budget process. City sponsorship may include coverage by the City’s insurance policies only with the written approval of the City Manager and Risk Manager.

[New Section 7.910 added by Ordinance No. 1493, adopted 02-05-2003.]

7.920 Sponsorship Policy and Agreements.

The City Council shall adopt a sponsorship policy and a form sponsorship agreement by resolution. Notwithstanding adoption of a form sponsorship agreement, each individual sponsorship agreement must be approved by resolution of the Council.

[New Section 7.920 added by Ordinance No. 1493, adopted 02-05-2003.]

SIDEWALK CAFÉ PROGRAM

7.950 Purpose.

Sections 7.950 through 7.959 set forth the applicable standards and processes by which the City will administer the sidewalk café program. The sidewalk café program is intended to allow businesses the opportunity to install outdoor seating areas for dining and beverage purposes.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.951 Definitions.

Sections 7.950 through 7.959 utilize the following terms and associated definitions:

Applicant means the person or entity who submits an application to the City for review.

Application means the written request to grant or renew a sidewalk café permit on a form established and provided by the City.

Overhead cover means temporary furnishings, such as umbrellas and strung lights, which are installed by a business owner above a sidewalk café. Any permanently affixed building furnishings, such as awnings or light fixtures, are exempt from this definition and are not subject to the overhead clearance standards established in Section 7.955(2)(c).

Sidewalk café means outdoor tables, seating, and associated furnishings installed by a business owner to provide additional seating capacity for beverage and dining purposes.

Sidewalk café permit means the permit necessary to operate a sidewalk café within the City.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.952 Eligibility.

A business must satisfy the following standards to be eligible to apply for a sidewalk café permit:

(1) The business must be legally established within the City;

(2) The business must be located within a commercial or mixed-use zoning designation; and

(3) The business must be adjacent to a City right-of-way with a sidewalk that is at least seven and one-half feet wide and has permanent surfacing.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.953 Permit Provisions.

A sidewalk café permit is required for a business to install temporary outdoor furnishings such as tables, chairs, benches, overhead cover, and related amenities in the public sidewalk right-of-way for the purpose of providing dining and/or beverage services, unless excepted in Section 7.954.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.954 Exemptions.

The following uses are exempt from obtaining a sidewalk café permit; provided, that the ADA-compliant pedestrian path is maintained on the sidewalk at all times per the requirement established in Section 7.955(2)(a).

(1) Retail sales and service displays.

(2) Seating and tables for up to four seats per business adjacent to the building façade that encroach no more than three feet in width onto the sidewalk.

(3) Retail and/or dining furnishings installed for temporary community-sponsored events as approved by the City Manager or designee.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.955 Sidewalk Café Standards.

An application for a sidewalk café permit may be approved; provided, that the applicant demonstrates compliance with the followings standards. Any abnormal circumstances/orientations that could result in conflicts with pedestrians and sidewalk café patrons will require approval from the City Manager or designee prior to installation.

(1) Dimensional Standards.

(a) A minimum of four-foot-wide, visually clear, ADA-compliant pedestrian access shall be maintained along the sidewalk at all times.

(b) A two-foot clear zone shall be maintained on both sides of any business entrance/exit door, crosswalk access, bicycle parking rack, fire hydrant, loading area, alley, street, driveway, bus stop, or any other similar permanent street fixture designated by the City.

(c) Any overhead cover extending into the required ADA-compliant pedestrian access established in subsection (1)(a) of this section must provide a minimum height clearance of 11 feet.

(2) Locational Standards. Subject to dimensional standards:

(a) Properties with One Street Façade. A sidewalk café may be located within the public sidewalk right-of-way, excepting any intervening driveways or other accessways.

(b) Corner Lots. A corner lot may have a sidewalk café located within the public sidewalk right-of-way on both frontages, excepting any intervening driveways or other accessways.

(c) Use of Sidewalk Abutting Adjacent Property. With the written permission of the adjacent property owner(s) to be submitted with the permit application, a sidewalk café may be located within the public sidewalk right-of-way abutting an adjacent property. The adjacent property owner(s) may revoke written permission at its discretion at any time. If permission is revoked, the business operating the sidewalk café shall have up to 30 days to terminate café operations and remove all café-related structures from the sidewalk area abutting the adjacent property.

(3) Material Standards.

(a) The following items are permitted to be used for sidewalk café furnishings:

(i) Removable tables, chairs, benches, picnic tables, and comparable furnishings;

(ii) Removable self-supporting railings or barriers;

(iii) Portable heaters, umbrellas, and other temporary overhead cover;

(iv) Tree, shrubs, and plants; and

(v) Lighting; provided, that any cords meet the vertical clearance standard established in subsection (1)(c) of this section if installed overhead and do not pose a tripping hazard.

(b) All items shall be made of weather-resistant materials, such as but not limited to durable plastics, wrought iron, treated wood, or metal. All materials shall be in good condition subject to City review and approval.

(c) If a perimeter barrier is used to physically delineate the sidewalk café area, it shall comply with the following standards:

(i) All of the components of the barrier (fencing, base, posts, planters, etc.) shall remain within the approved sidewalk café area;

(ii) Materials shall be weather-resistant;

(iii) Materials shall be removable; and

(iv) No materials can exceed three feet, six inches in height, as measured vertically from the surface of the sidewalk where the material is placed.

(d) No changes to the sidewalk surface or subsurface are permitted, nor shall any sidewalk café furnishings be physically attached to the sidewalk.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.956 Material Requirements.

In addition to the requirements of Sections 3.350 to 3.395, any business operating a sidewalk café is responsible for performing the following maintenance:

(1) Maintaining landscaping and other plant materials associated with the sidewalk café;

(2) Collecting and properly disposing of any waste produced by the sidewalk café operations, to include any waste that encroaches onto the adjacent sidewalk or other properties;

(3) Ensuring that there are no tripping hazards or impediments, such as electrical cords, planters, or chairs, located within the pedestrian path; and

(4) Maintaining all sidewalk café furnishings in good repair as determined by the City.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.957 Application Process.

Sidewalk café permits are valid for one year. This section establishes the processes by which businesses can apply for an initial sidewalk café permit and subsequent permit renewals.

(1) New Permits. Subsections (1)(a) through (d) of this section establish the sidewalk café permitting process for new or significantly altered sidewalk cafés. Business owners shall submit an application to the City. All applications require the following materials:

(a) Application fee as established in the City’s master fee schedule;

(b) Completed sidewalk café application form provided by the City and signed by the property owner, applicant/business owner, and adjacent property owner(s) if the proposal includes the use of the public sidewalk right-of-way fronting an adjacent property;

(d) If serving alcohol, copy of valid OLCC permit for outdoor sales and service.

(2) Permit Renewals. This subsection establishes the sidewalk café permit renewal process for existing sidewalk café permits in good standing. To be eligible for the sidewalk café renewal process, the application shall verify the following renewal conditions are satisfied:

(a) The previously approved sidewalk café area will not increase by more than 10 square feet;

(b) All applicable standards established in Section 7.955 remain satisfied;

(d) There is no new encroachment onto adjacent property frontage.

Provided the permit renewal conditions in this section are satisfied, the applicant is eligible for the permit renewal process and shall submit the following items at least 30 days prior to expiration of the current permit. If a permit renewal is submitted less than 30 calendar days prior to the expiration of the current permit, a new permit application will need to be submitted.

(a) Renewal fee as established in the City master fee schedule;

(b) Completed sidewalk café application form provided by the City and signed by the applicant/business owner;

(d) If serving alcohol, copy of valid OLCC permit for outdoor sales and service.

Upon receipt of the fee and permit renewal application materials, City will review and, if all requirements continue to be satisfied, issue a renewed sidewalk café permit. The City may conduct a site inspection as part of review.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.958 Noncompliance.

If a sidewalk café is installed without a valid sidewalk café permit or violates the sidewalk café standards or the maintenance requirements set forth in Sections 7.950 through 7.957, the City will utilize the enforcements process for Class A violations and nuisances established in Chapter 5, Public Protection, Section 5.495.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

7.959 Disclaimers.

The following disclaimers apply to all active sidewalk cafés:

(1) The City Manager or designee reserves ultimate approval authority of sidewalk café permit applications.

(2) The City Manager or designee may request the immediate removal of any previously approved sidewalk café for noncompliance as provided in Section 7.958.

(3) Should multiple businesses located at one eligible property seek permits for the use of the same sidewalk area, the City will consider only the first complete application.

(4) The property owner reserves the right to request removal of a sidewalk café installed abutting their property at their discretion.

[Added by Ordinance No. 1708, adopted May 11, 2020.]

Chapter 7BUSINESS

7.000 Definitions.

7.005 Purpose.

7.010 Licensing Exemptions.

7.015 License Requirements.

7.020 Presumption of Engaging in Business.

7.025 License Required.

7.030 License Application.

7.035 Examination of Business.

7.040 Denial or Revocation of License – Appeal.

7.045 Suspension or Revocation – Effect.

7.050 Issuance of Business License.

7.055 Effect of License Issuance.

7.060 Separate License for Separate Locations.

7.065 Display of Business License.

7.070 Business License Year, Fee Schedule, and Delinquency Charges.

7.075 Characteristics of Business License.

7.080 Penalty.

7.100 Purpose.

7.105 Definitions.

7.110 Permits Required.

7.115 Fees.

7.120 Application for Adult Business Permit.

7.125 Application to Entertain in or be Employed by an Adult Business.

7.130 Issuance and Renewal of Adult Business Permit.

7.135 Issuance and Renewal of Permit to Entertain in or be Employed by an Adult Business.

7.140 Revocation or Suspension of Permit.

7.145 Appeals.

7.150 Duties of Adult Business Permit Holder.

7.155 Prohibited Conduct in Adult Business.

7.160 Advertising Restrictions.

7.165 Hours of Operation.

7.170 Exterior Design Restrictions.

7.175 Maintenance of Premises in Violation Declared a Nuisance – Abatement.

7.180 Inspection of Premises.

7.185 Penalty.

7.200 Purpose and Scope.

7.205 Definitions.

7.210 Alarm User’s Permit Required.

7.211 Alarm Registrations – Fees – Suspension.

7.212 Transfer of Alarm Registration Prohibited.

7.213 Alarm Business Duties and Obligations.

7.214 Monitoring Business Duties and Obligations.

7.215 User Instructions.

7.220 Automatic Dialing Device – Certain Connections Prohibited.

7.225 False Alarms – Registration Revocation – Appeal.

7.230 False Alarm – Fines – Fees – Late Charges.

7.235 Confidentiality Statistics.

7.240 Allocation of Revenues and Expenses.

7.245 City Immunity.

7.250 Code Enforcement Action.

7.275 Processing Fee.

7.280 Fee Classification.

7.285 Penalty.

7.300 Purpose.

7.305 Definition.

7.310 Prohibited Acts, Penalties.

7.315 Consent to Enter Onto Real Property, Exemption.

7.335 “No Solicitation” Sign.

7.375 Prohibited Gaming.

7.380 Exceptions.

7.385 Definitions.

7.390 Definitions.

7.392 Ban Declared.

7.394 Exception.

7.400 Purpose.

7.402 Definitions.

7.405 Tax Imposed.

7.410 Amount and Payment, Deductions.

7.412 Seller Responsible for Payment of Tax.

7.415 Penalties and Interest.

7.420 Failure to Report and Remit Tax – Determination of Tax by City Manager.

7.425 Appeal.

7.430 Refunds.

7.435 Actions to Collect.

7.440 Violation.

7.445 Confidentiality.

7.447 Audit of Books, Records, or Persons.

7.449 Forms and Regulations.

7.450 Definitions.

Chapter 7
BUSINESS