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Ord 2055 - Business Registratn '... COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 AN ORDINANCE PROVIDING FOR THE REGISTRATION OF BUSINESS WITHIN THE CITY OF WOODBURN; ESTABLISHING A REGISTRATION PROCESS; AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. PURPOSE. This ordinance is enacted, except as otherwise specified, to assist law enforcement and nuisance abatement regulations, to recoup the necessary expenses required to undertake the administration and enforcement of this ordinance, to provide revenue for municipal purposes, and to provide for the health, safety and welfare of the citizens of Woodburn through the registration of business. 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 carry on 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, words and their derivations shall have meaning given herein unless the context requires otherwise: A. "Business" means all kinds of vocations, occupations, professions, enterprises, establishments, and all kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in the City. This definition includes, but is not limited to, any transaction involving the rental of property, the manufacture or sale of goods, or the sale or rendering of services other than as an employee. B. "The City" means the City of Woodburn, Oregon. C. "City Council" means the City Council of the City of Woodburn, Oregon. D. "Contractor" means any person registered under ORS 701.055 or who undertakes to or offers to undertake for a consideration to furnish labor and/or material necessary or required to construct, reconstruct, alter, repair, or add to any building, bridge, ditch, flume, reservoir, well, fence, street, sidewalk, machinery and all other structures and superstructures. Page 1 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 ~ E. "Employee" means any individual who performs services for another individual or organization having the right to control the employee as to the services to be performed and as to the manner of performance. F. "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. G. "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. H. "Premises" means and includes all lands, structures, places and also the equipment on appurtenances connected or used therewith any business, and also any personal property which is affixed to or is otherwise used in connection with any such business conducted on such premises. I. "Residential Rental Unit" means a dwelling containing one or more separate living quarters, one or more of which is rented, leased, or let in exchange for full or partial monetary compensation. Section 3. EXEMPTIONS. 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. Page 2 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 . E. Persons whose gross receipts from business conducted both within and without of the City amount to less than $2,500 per calendar year; provided that any such person shall upon demand by the City provide proof verifying said compliance amount and provided further that this particular exemption does not supersede the applicability of the exemption for garage sales as defined in this ordinance. F. The operation of a business, display or sales space at any special event with a duration of three days or less shall not be required to register under this ordinance. A special event is deemed to be a City-endorsed activity for the benefit of the community. G. Any producer of farm products raised in Oregon, produced by themselves or their immediate families, who sell, vend, or dispose of such products within the City. H. Nonprofit organizations, religious organizations, financial 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. I. 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. J. Garage sales as defined in this ordinance. K. Any person required to be licensed through any other City ordinance including, but not limited to activities such as "merchant police," peddlers and solicitors," "public dances," or other licensed activities. L. Home Occupations as defined in Section 1 .270 of Ordinance 1807 known as the City of Woodburn Zoning Ordinance. Section 4. REGISTRATION REQUIRED. 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. The agent or agents of a non-resident proprietor engaged in any business for which registration is required by this ordinance shall be liable for any failure to comply with the provisions of this ordinance, or for any penalty assessed under this ordinance, Page 3 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 "h..' "", to the extent and with like effect, as if such agent or agents were themselves the proprietors or owners of the business. C. 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 only one registration fee shall be applicable to said person. 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. D. 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. E. No person shall maintain or operate one or more residential rental units without first obtaining a business registration certificate and paying the prescribed fees. Section 5 APPLICATION. A. Application for business registration, and for renewal of business registration shall be made to the Finance Department upon forms furnished by the City. Each application shall state: (1) The name and address of the proposed business location in the City. (2) A description of the business activity to be carried on. (3) The name, address, and business phone number of the applicant or agent. (4) Phone number, in case of emergency, of at least one person other than the above applicant or agent. (5) Description of any hazardous, chemical, or flammable materials which may be stored or utilized at the business location, as defined under ORS 466.605. (6) The name, address, and business phone number of the proprietor if different than that of the applicant. (7) Number of employees. (8) Occupational license identification if required by the State of Oregon Page 4 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 ~ B. The City Administrator or his/her designee may require the applicant to supply any additional information necessary for administrative purposes. C. The annual registration fee shall be paid to the City of Woodburn upon the filing of the application for a new business registration certificate, or upon the annual renewal thereof on the one year anniversary date of the original application. Failure to do so will subject the applicant to a delinquency charge. Section 6. FEE. A. The annual business registration fee required by this ordinance shall be thirty-five dollars ($35.00) per year for the initial or new business registration. B. The annual renewal business registration fee required by the ordinance shall be twenty-five dollars ($25.00) per year. Section 7. USE OF REVENUE. The net revenue derived after deducting the costs of administering and accounting for business registration shall be dedicated to support the activities of Code Enforcement. Section 8. TRANSFERS. RELOCATIONS AND TERMS OF REGISTRATION. A. Transfer: In the event of the transfer of ownership of any business, the applicable registration certificate may be transferred by application to the Finance Director. An application shall be accompanied by a transfer fee this fee to be ten dollars ($10.00). B. Relocation of Existing Business: In the event a business relocates, the business shall reapply to the Finance Director to transfer the business registration. C. Registration Term: A business registration issued under this ordinance shall be valid from the date of issuance until the following annual anniversary date. Section 9. REVOCATION OF REGISTRATION. The City Administrator, upon determining that a business activity, establishment or device is violating this ordinance, other City ordinances, or State or Federal law, shall notify the business in writing that the registration is to be revoked. The notice shall be given at least 15 days before the revocation. If the violation ends within 15 days, the City Administrator may discontinue the revocation proceedings. A notice of revocation shall state the reason for the revocation and inform the business of the provisions of appeal. Section 10. SUSPENSION OF REGISTRATION. Upon determining that a business activity or device presents an immediate danger to person or property, the City Page 5 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 . ,~-~._---_._~------ ,"' Administrator may suspend the business for the activity or device at once. The suspension shall take effect immediately upon notice of the suspension's being received by the business, or being delivered to the business address as stated on the application that is being suspended. The notice shall be mailed to the business and state the reason for the suspension and inform the business of the provisions for appeal. The City Administrator may continue suspension so long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made. Section 11. APPEAL. A. A business whose registration has been denied renewal, has been suspended, or is to be revoked, may within 15 days after the notice of denial, suspension 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 their proposed determination of the appeal should be. B. An appellant who fails to file such a statement within the time permitted waives his or 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 12. DISPLAY REQUIRED. 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 13. DISCLAIMERS AND EXEMPTIONS. A. The levy or collection of a registration fee upon any business shall not be construed to be a permit by the City to the person engaged therein in the event such business shall be unlawful, illegal or prohibited by the laws of the State of Oregon or the United States, or ordinances of the City. Page 6 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 .,.................'-'".- """ B. Nothing herein contained shall be taken or construed as vesting any right in any registration as a contract obligation on the part of the City. No person having paid the fee required and having made application for a business registration shall be entitled to any refund. C. None of the fees or registration requirements provided for in this ordinance shall be required if the applicant is a municipality. Section 14. VIOLATION - PENALTY. A. A violation of any provision of this ordinance constitutes a Class 2 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. Each day of the violation of this ordinance shall constitute a separate violation. 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. C. If a provision of this ordinance is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. Section 15. DELINQUENCY CHARGE. The fee required in this ordinance shall be supplemented by a delinquency charge equivalent to an additional 50% fee if not paid within 15 days after the anniversary date of the original issuance of the business registration. The unpaid fee constitutes a debt to the City upon which the City may initiate legal action to collect. Section 16. 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 17. EFFECTIVE DATE. This ordinance shall be in full force and effect on April 1, 1991. Approved as to form: City Attorney Date APPROVED' J /1IZJ vJ ;<~ /y FRED W. KYSER; MA Page 7 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055 .. Passed by the Council February 25, 1991 Submitted to the Mayor February 26, 1991 Approved by the Mayor February 26, 1991 Filed in the Office of the Recorder ATTEST: ;1(~~~ Mary Tenn ,Deputy Recorder City of Woodburn, Oregon February 26, 1991 Page 8 - COUNCIL BILL NO. 1281 ORDINANCE NO. 2055