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Ordinance No. 63-05 CITY OF TIGARD, OREGON ORDINANCE NO. 63- S AN ORDINANCE PROVIDING FOR LICENSING OF TRADES, SHOPS, OCCUPATIONS, PROFESSIONS, BUSINESSES AND CALLINGS FOR. THE PURPOSE OF REGULATION AND REVENUE; PRESCRIBING PROCEDURE FOR ISSUANCE OF LICENSES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Sect io`n1: (a) As used in this ordinance, "person" means til c domestic and foreign corporations, associations, ._,__ of a..ery kind. joint adventurers societies syndicates, partners�u.�.a ..- -- -. - 3_ the City and individuals transacting and carrying on any business in of Tigard, Oregon. (b) As used in this ordinance "business" means pro- fessions, trades, occupations, shops, and ali and every kind of calling carried on for profit or livelihood. (c) No person whose income is based solely on an hourly, osisdailyOf weekly- nance�. be deemed a or annual personatransacting�andr e or the prpose ui carrying on any business in the City of Tiga=d, —gen- (d) The aggent or agents of a nonresident proprietor engaged in any business for which a license is required by ordinance, shall be liable for the payment of the fee thereon as herein provided and for the penalties for failure to pay the same or to comply with the provisions of this ordinance to the extent uch agent or agents were themselves and with like effect as if s proprietors. i Section 2 (a) This ordinance is enacted, except as hereinafter otherwise specified, to provide revenue for mun- icipal purposes and to provide revenue to pay for the necessary ex- penses required to issue the license for and regulate the business licensed. (b) The license fees levied by this ordinance shall be independent and separate of any license or permit fees now or; hereafter required of any person to engage in any business by any ordinance of the City of Tigard, Oregon regulating any business here- in''required to be licensed and all such of busanyinesses uch shall remainord- subject to the regulatory provisions es or finance now or hereafter in effect and the persons engaged therein liable to the payment of any license fees therein provided for. (c) Nothing in this ordinance shall be construed to apply to any person transacting and carrying on any business within t City of Tity b, virtuue of thewhich ico constitutionsofof theon or Unitedesula- tates tion by the city y or of t}sa state of Oregon or applicable statutes of. the United States of the state of Oregon, F&ge L - vKUttvtuv4c Na. _. _ , (d) The levy or collection of a license fee upon any business shall not he construed to be a license or permit of the City of Tigard to the person engaged therein to engage therein in the event such business shall be unlawful, Hlegal or prohibited by the laws of the State of Oregon or the United States or ordinances of the City of Tigard, Oregon. Section 3: (a) There are hereby imposed upon the bu=s_x_sess trades, shops, professions callings and occupations specified in this ordinance, license fees in the amounts hereinafter prescribed, and it shall be unlawful for any person to transact and carry on ,any such business in the City of Tigard without first having obtained the license therefor for the current calendar year as herein provided or complying with any and all application provisions of this ordinance. (b) The license year shall commence July 1 of each 30 L.M f011o-Win r year and terminate at the expiT€.L10^ VL .�uii2 av %sac ivi.w...�..� year. (c) License fees herein required shall be due and payable on the first day of July of each year for the ensuing fiscal year and shay- ba delinquent on and after the first day of August of ® such year. For any such trade shop, business occupation or profession beginning business within the City of Tfgard on and after January 1 of any license year, the license fee for such remain- ing six montte period of the license year, or any part thereof, shall --ty (50%) per cent of the annual fee. mom Leo Ot(uai to �.a+...y �....,o,. r__ (d) Each branch establishment of business or location of a business conducted by any person shall for the purposes here- of, be a separate business and subject to tie license therefor herein provided, but warehouses used solely incidental in connection with a business licensed pursuant to the provisions of this ordnance and operated by the person conducting such business, shall nct be sep- arate places of business or branch establishments. ;e) Whenever a partnership or firm is established in any of the various professions in which two or more members of the firm are licensed under state law to practice such profession, the license herein for such partnership or firm shall be two humdred (2007.) per cent the amount hereinafter indicated. Section 4: The trades, shops businesses, occupations, professions and callings heregy retired to be licensed and the license fees to be paid, are as set forth on Pages 5 & 6 hereof, headed "Schedule of Fees", by reference herein made hereof. Section 5: Inasmuch as certain trades, shops, businesses, pro fessions or callings are conducted within the corpor- ate limits of the City of Tigard, Oregon by persons having their regular place of business elsewhere, or by persons operating from vehicles within the City of Tigard who pay no city ad valorem taxes but nevertheless receive the benefit of police and fire protection, public: streets and sidewalks, street lighting and other cit serv- ices, the City Council of the City of Tigard hereby finds that such trades, shops, businesses, professions or callings having no businees Page 2 ORDINANCE No. 63 - I situs within the City or Tigard, or being operated from vehicles, and who pay no city ad valorem tares upon real or personal property, ehall pay a 11canse fne according to their respective classifica- tions equal to one IvAradred fifty (150%) per cent of the fees here- inafter set forth for such classification and the Council further finds that said fee of 50. in excess of the fee hereinafter made mention is a fair, equitable and non-discriminatory charge fixed in recognition of the circumstances herein recited. Section 6: (a) Any person operating any trade shop, business, profession or calling of a business nature in the City of Tigard, Oregon, not otherwise classified herein or not lic- ensed under any other ordinance of the City of Tigard, shall obtain, a license and pay a fee of $15.00 annually or any fraction thereof therefor, with the exception of businesses which are specifically exempt from payment of municipal license fees by state law. o f --ny person be engaged in anerating vi carrying s on in the City of Tigard Oregon more than one trade, shop, pro- fession, occupation, business or calling, then such person shall pay the license herein prescribed for as many of said trades shops, professions, occupations, businesses or callings as are carried on by such persons, except as herein otherwise specifically provided. (c) Producers of farm products raised in Oregon, pro- duced by themselves or their immediate families, shall not be subject to license fees prescribed herein that may apply to the selling of such pa„ducts in the City of Tigard by themselves or their immediate families Section 7: Procedure for Obtaining License. alicenses shall e issued by the City Recorder of the City of Tigard Oregon upon written application therefor, and not otherwise. All licenses and permits are subject to revoca- tion at any time by the Council for cause. (b) The application for such license shall contain the following information: 1. A description of the trade, shop, business, profession, occupation or calling to be carried on within said city. 2. The name of the applicantwith a statement i of all persons having an interest n said business either as proprietors or owners of said business. 3. The location of the place where the business is carried on. 4. Date of application. 5. Amount of-money tendered with application. 6. Signature of the applicant. (c) No transfer of any license herein provided for shall 3e made without the consent of the City Council. An entry of such transfer shall be made by the Recorder in the record of licenses for which entry the Recorder shall charge and receive $1.00. n nna�-NAITAS7 No. .! - 25 �BgL J VaWiais�+w.. s 6 _ i t Section 8: (a) It shall be unlawful for any person to wilfully make any false or misleading statement to thef Recorder � P'ae of determining the amoisknt of any � City iseCfee far the vid g license fee herein provided to be paid by any such person, or to fail or refuse to complywith any of the provisions of this ordin- ance to be complied witor observ;d by such person; . .to fail or C-- refuse fPebefor4 the ashallbe delinquent any e orpenaltYhreby required be paid byansuch prson ` (b) In the event any person hereby required to obtain a license shall fail or neglect to obtain the same before it shall become delinquent, the City Recorder shall collect upon the ceratpayment therefor and in addition thereto a penalty of five (5%) p er the fee therefor for each calendar month or fraction thereof the same shall be delinquent. (c) Nothing herein contained shall be taken or con- strued as vesting any right in any license as a contract obligation on the part of the City as to the amount of the fee hereunder. Other or additional taxes or fees and the fees herein provided ford mfaand be increased or decreased and additional or other fees provider levied in any and all instances at any, time by the said City and other3or additional feesalsevieddor uponEany thereofeoraparts thereto. and Section 9: The conviction of any person for violation of any of the provisions of this ordinance shall not operate on for to relieve such pexo?,fh°emlisbleg nor shall fee rthenpayment ofuany such which such person a prosecution in the City Court of any fee be a'bar to or prevent any p `of any of the provisions of this ordinance. complaint for the violation Section 10: Any person violating any of the provisions of this ordinance shall upon conviction thereof in the City Court, be punished by a fine of not to exceed $200.00 or by confine- (90)nent in the City or CmU*�ty Jail not to exceed ninety days or by both such fine and imprisonment. Section 11: This ordinance shall be effective on and after July 1, I 1963. vote of all Council members present, PASSED: By unanimous after be ng read firs in full and then by title, this /3 day of1NY �� 1963. ecor er -A�n igar — APPROVED: BY the Mayor, this /aA day /�A , 1963. yor - ty o gar °1 mss' Page 4 - ORDINANCE No. 63 - --- Business License Classifications Architects and Engineers 15.00 Dance Hall 5,00 Accountants 15.00 per dance Dentists 15.00 Antique and Curio Shops 15.00 Animal Shows 5.00 per day Department Stores 25.00 Apartments 1-3 10.00 Drug Stores 20.00 4-12 15.00 Electrical Contractors 25.00 12-20 20.00 over 20 25.00 Farm& Garden Machinery Dealers 15.00 Appliance Repair Service Feed Stores 15.00 Shops 15.00 Florists & Nursery 15.00 Attorneys 15.00 Fortune Tellers 15.00 Automobile Parts & Access- - per day ories 15.00 Super Markets 25.00 Automobile Garages Garage 15.00 Frozen Food Lockers 15.00 f Gas pumps additional 2.00 Car Storage it 3.00 Furniture Stores 15.00 Car Sales It 5.00 Gas & Oil Distributors 15.00 Automobile Body Shops 15.00 } Glass Companies-Sales & Repairs 15.00 k Auto Trailer Camps 15.00 i (plus 1.00 per unit over 15) Grocery Stores 15.00 E Barber Shops 15.00 Hardware Stcres 15.00 i Bakeries 15.00 Ice Cream Stores 15.00 ' Beauty Parlors 15.00 Industrial & Manufacturing 20.00 Bicycle Shops 15.00 Insurance Agents and/or Real Estate Brokers 15.00 Book Stores 15.00 jewelry Stores 15.00 Bowling Alleys 15.00 ; s Ladies' Apparel Shops, 15.00 g Bus Stations 15.00 Lumber Yards 15.00 Cabinet Shops 15.00 Machine Shops 15.00 Card and/or Pool Halls 15.00 Meat Markets 15.00 r Carpet Shops 15.00 } Men's Clothing and/or Shoe Stores 15.00 Carnivals and Circuses 25.00 per day Milk Distributor - retail 15.00 Chemical Companies 15.00 Motels 1-3 10.00 4-12 15.00 Childrens' Wear 15.00 12-20 20.00 over 2025.00 Cleaners and Laundries 15.00 Motion Picture Theatres & Drive- Confectioneries and/or soft ins 25 00 drinks and/or lunch counters 15.00 Night Clubs & Liquor Service Clubs 25.00' Contractors 25.00 Nurseries (child) and Rest Homes 15.00 ,. Iaance, music and Art Studios 15.00 ,z, Ord9nance 63-5 Page 3 1 Optometrists 15.00 Peddlers or Solicitors 15.00 per year or 3.00 per day Physicians & Surgeons 15.00 Plumbing Shops 25.00 Printing Shops and/or Newspaper Printing 15.00 Radio and Television Sales and Repairs 15.00 Restaurants 15.00 Second ?land Stores 15.00 Service Stations 15.00 Shoe Repair Shops 15.00 Salvage Yards 1,5-00 Soft Drink Parlors 15.00 Trailer Sales and Rental Business 15.00 Undertakers and Funeral Homes 20.00 Used Car Lots 15.00 Upholstery Shops 15.00 Variety and/or Toy Stores 15.00 Veterinarians 15.00 4 Page 6 �: ordinance 63-3