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Ord 2399 - Registration of Business COUNCIL BILL NO: 2615 ORDINANCE NO: 2399 AN ORDINANCE PROVIDING FOR THE REGISTRATION OF BUSINESS WITHIN THE CITY OF WOODBURN; ESTABLISHING A REGISTRATION PROCESS; AND PROVIDING A PENALTY FOR VIOLATION THEREOF; AND SETTING AN EFFECTIVE DATE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The registration required and restrictions imposed by this ordinance are enacted primarily for the purpose of regulation of businesses. The public's interest is served by insuring that regulated businesses will be carried on in continuing compliance with applicable laws and ordinances and in a manner which does not detract from the public health, safety, or welfare. In addition, this ordinance is enacted to recoup the necessary expenses required to undertake the administration and enforcement of this ordinance and to provide revenue for law and code enforcement purposes. The payment of a registration fee required hereunder and the acceptance of such fee and issuance of a business registration certificate by the City shall not entitle the registrant to carryon any business not in compliance with all the requirements of City ordinances and all other applicable laws. Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, and words are defined as follows: A. "Business" means any vocation, occupation, profession, enterprise, establishment, or any activity, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in the City. This definition includes any transaction involving the rental of property, the manufacture or sale of goods, or the sale or rendering of services other than as an employee. B. "The City" means the City of Woodburn, Oregon. C. Oregon. "City Council" means the City Council of the City of Woodburn, D. "City Administrator" means the City Administrator or any officer or employee designated by that person to perform duties described in this ordinance Page 1 - Council Bill No. 2615 Ordinance No. 2399 ",. E. "Garage Sale" means a commercial activity, open to the public, conducted at a private residence where personal property is sold or auctioned to others, provided the number of sale days at a particular residence does not exceed three (3) days per occurrence, and no more than two (2) occurrences per calendar year. F. "Person" means and includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations or any officers, agents, employees or any kind of personal representatives thereof, in any capacity, either on that person's own behalf or for any other person, under either personal appointment or pursuant to law. G. "Home occupations" means businesses that conform to the definition of Home Occupations under chapter 2.203.12 in Woodburn Development Ordinance as determined by the City Administrator. H. "Residential Rental Unit" means separate living quarters, which are rented, leased, or let in exchange for full or partial monetary compensation. I. "Government Entities" means the federal government, the State of Oregon, a county, a special district, or a municipality. Section 3. Reaistration Reauired. A. No person shall engage in any business within the City or transact any business specified in this ordinance, without first obtaining a registration certificate and paying the fee prescribed. The provisions of this ordinance shall be in addition to any other fee or registration requirements imposed by the City of Woodburn, unless otherwise specified. B. A person engaged in business in more than one location, or in more than one business registered under this ordinance at the same location, shall make a separate application for each business or location, provided however that the fee for second and subsequent businesses shall be twenty dollars ($20.00). Warehouses and distributing plants used in connection with and incidental to a business shall not be deemed a separate place of business. Separately franchised operations shall be deemed separate businesses even if operated under the same name. C. A person representing himself/herself, or exhibiting any sign or advertisement that he/she is engaged in a business within the City shall be deemed to be actually engaged in such business and shall be liable for the payment of such registration fee and subject to the penalties for failure to comply with the requirements of this ordinance. Page 2 - Council Bill No. 2615 Ordinance No. 2399 .,. D. No person shall maintain or operate two or more residential rental units without first obtaining a business registration certificate and paying the prescribed fees. Section 4. Exemptions. The following entities and types of activities are exempt from regulation under this ordinance. The person asserting an exemption under this ordinance shall have the burden of establishing eligibility for the exemption. A. Nothing in this ordinance shall be construed to apply to any person transacting or carrying on any business within the City of Woodburn, which is exempt from taxation, by the City by virtue of the Constitution of the United States or the Constitution of the State of Oregon. B. No person whose income is based solely on a wage or salary shall, for the purpose of this ordinance, be deemed a person transacting or carrying on any business in the City, and it is the intention that all registration taxes and fees will be borne by the employer. C. Any business paying a franchise tax or transient occupancy tax under City ordinances is exempt from the requirements of this ordinance. D. Persons whose sole business activity is making deliveries or taking orders from duly registered businesses within the City are exempt from this ordinance. E. Activities conducted pursuant to a special events permit issued by the City are exempt from the requirements of this ordinance. F. Producers of farm products raised in Oregon, produced by themselves or their immediate families, who sell, vend, or dispose of such products within the City is exempt from this ordinance. G. Nonprofit organizations, religious organizations, CIVIC organizations and clubs wishing to canvass for funds or sell door-to-door to raise funds, or conduct fund-raising events to be used solely for the purpose for which the organization was created, and from which no third party receives a profit are exempt from the requirements of this ordinance. H. A builder who is registered under ORS 701.055 and is employed as a subcontractor working for a contractor possessing a valid business registration issued by the City of Woodburn is exempt from this ordinance. Page 3 - Council Bill No. 2615 Ordinance No. 2399 ... I. Garage sales as defined in this ordinance are exempt from the requirements of this ordinance. J. Any person required to be licensed through any other City ordinance including, but not limited to activities such as, peddlers and solicitors," "public dances," or other licensed activities is exempt from this ordinance. K. Government entities are exempt from the requirement of this ordinance. Section 5. City Administrator Authority. A. The City Administrator may adopt reasonable rules and regulations in order to carry out the provisions of and for enforcement of the provision of this ordinance. The Administrator shall prescribe forms for business registration application. The Administrator shall review or cause to be reviewed application for and renewals for business registrations, and shall submit such applications to appropriate City departments for investigation to determine and comment on the applicant's compliance with City ordinance and other rules. B. The City Administrator shall have the authority to approve, approve with conditions, or deny any application for or renewal of a business registration. If the Administrator determines that the application should be denied or approved with conditions, the Administrator shall notify the applicant in writing of the decision. The notice shall state the reason for the decision and inform the applicant of the provisions for appeal. If the Administrator's decision is to approve without conditions, issuance of the registration is notification of the decision and it does not need to state any reason or appeal rights. Section 6. Application Reauirements. A. Application for business registration shall be made to the City at least 30 days prior to the date the registration is requested to be effective. The application forms shall provide for information necessary to determine the identity and address of the applicant and of the owner of the business to be registered and shall provide for other information as may be requested by the City Administrator. The application shall be signed by the applicant and shall constitute the applicant's consent for the City to conduct an investigation of the applicant's request including permission to enter property to be used in conducting the business. The applicant shall submit information necessary to evaluate the applicant's request and to determine compliance with applicable City of Woodburn ordinances. If the applicant fails to supply information so required or submits false or misleading information, the registration may be denied and if issued, may be revoked. Page 4 - Council Bill No. 2615 Ordinance No. 2399 ... B. Applications shall be accompanied by any required fee. Application fees shall be non-refundable. Section 7. Criteria for Approval or Denial. A. Approval or denial of an application for initial issue or renewal shall be based on consideration of all available evidence indicating whether or not the applicant meets the requirements of City ordinances. In the event no grounds exist for denial of a certificate, a certificate shall be issued. B. Any of the following may be grounds for denial of the certificate: 1 . Any false of incomplete statement made or acknowledged on the application form; provided, however, that in the event such statement is the result of excusable neglect, the applicant may resubmit an application with appropriate corrections. 2. The business activity would not comply with City ordinances and could not be made to comply through the imposition of appropriate conditions. 3. A previous history of unlawful business activity by the applicant, which, if continued would be grounds for revocation of the certificate. 4. The business activity would endanger persons or property. Section 8. Reaistrations and Renewals. A. Business registration is valid for one year. B. Business registrations shall be renewed by the payment of the annual fee on or before the anniversary date of the original issuance of the business registration. C. The renewal application will indicate any change in use, ownership, or location of the business. Section 9. Term, Transfers and Relocations. A. Term: A business registration issued under this ordinance shall be valid for one year from the date of issuance. Page 5 - Council Bill No. 2615 Ordinance No. 2399 ,,. B. Transfer: In the event of the transfer of ownership of any business, the applicable registration certificate may be transferred by application to the City Administrator. An application shall be accompanied by a transfer fee. C. Relocation of Existing Business: In the event a business relocates, the business shall reapply to the City Administrator to transfer the business registration. Section 10. Fee. A. As of the effective date of this ordinance fees shall be: 1. All businesses, excepting home occupation businesses, shall pay an annual fee of fifty dollars ($50.00). 2. Home occupation businesses shall pay a reduced annual fee of twenty-five dollars ($25.00). 3. The transfer of ownership fee shall be twenty dollars ($20.00). B. Future future fees shall be set as part of the Master Fee ordinance. Section 11. Use of Revenue. Revenue derived from Business Registration fees shall be used to recoup the cost of administering and enforcing the program. Any fees collected in excess of amounts necessary to recoup the costs of program administration and enforcement shall be dedicated to support the activities of the Police Department's Community Response Team. Elimination of that team or a permanent reduction of that team below FY 2005- 06 staffing levels, by City Council policy choice, shall trigger a review of Sections 10 and 11 of this ordinance. Section 12. Revocation of Reaistration. The City Administrator, upon determining that unlawful business activity is occurring or has occurred, or that a business would not qualify for a license pursuant to this ordinance, shall notify the licensee in writing that the license is to be revoked. The notice shall be sent at least thirty (30) days before the date of revocation. If the activity giving rise to the need for the revocation proceedings is discontinued, the City Administrator may terminate the proceedings. A notice of revocation shall state the reason for the revocation and inform the licensee of the provisions for appeal. Page 6 - Council Bill No. 2615 Ordinance No. 2399 .,. Section 13. Appeal. A. A business whose registration has been denied renewal, or is to be revoked, may within thirty (30) days after the notice of denial, or revocation is mailed, appeal in writing to the City Council. The appeal shall state: 1 . The name and address of the appellant; 2. The nature of the determination being appealed; 3. The reason the determination is incorrect; and 4. What the proposed determination of the appeal should be. B. An appellant who fails to file such a statement within the time permitted waives his/her objections, and the appeal shall be dismissed. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. The City Council shall hear and determine the appeal on the basis of the written statement and such additional evidence as it considers appropriate. C. At the hearing, the appellant may present testimony and oral argument, personally or by counsel, and any additional evidence. The rules of evidence as used by courts of law do not apply, and the decision of the City Council after the hearing is final. Section 14. Display Reauired. All registration certificates issued in accordance with this ordinance shall be openly displayed in the place of business or kept on the person or on the vehicle of the person registered. Failure to display or carry such registration shall be deemed a violation of this ordinance. Section 15. Violation - Penalty. A. A violation of any provision of this ordinance constitutes a Class 2 civil infraction and shall be processed according to the procedures contained in the Woodburn Civil Infractions ordinance. B. A finding that a person has committed a violation of this ordinance shall not act to relieve the person from payment of any unpaid business fee, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. Page 7 - Council Bill No. 2615 Ordinance No. 2399 ... Section 16. Delinauency Charae. In addition to the business registration fee required by this ordinance, a delinquency charge in the amount of 50% of the applicable fee shall be assessed if the annual renewal fee is not paid within 15 days after the anniversary date of the original issuance of the business registration. Section 17. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 18. Effective Date. This ordinance shall be in full force and effect on April 17,2006. Approved as to form: Appr City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor March 15, 2006 March 15, 2006 Filed in the Office of the Recorder March 15, 2006 ATTEST: I:Z<- Mary T nant City Recorder City of Woodburn, Oregon Page 8 - Council Bill No. 2615 Ordinance No. 2399 ....