Ordinance No. 78-37 Lr
CITY OF TIGARD, OREGON
ORDINANCE No. 78-
AN ORDINANCE REPEALING CHAPTER 5.04 BUSINESS LICENSES OF THE
TIGARD MUNICIPAL CODE AND ENACTING A NEW CHAPTER 5.04 BUSINESS'
LICENSES, ESTABLISHING A SCHEDULE FOR LICENSE RENEWALS, ALTERING
FEE STRUCTURE, AND FIXING AN EFFECTIVE DATE, AND DECLARING AN
EMERGENCY.
WHEREAS the City Council has found that the cost of
administering the City's program of issuing business licenses
can be diminished by spreading the work of receiving applications
and issuing licenses and renewals of licenses throughout the
year, so as to make better use of the time available to the City
staff; and
WHEREAS the City Council has found that the adjustment
of the schedule of fees to increase the fees and to fix them in
whole-dollar amounts is appropriate and desirable at this time;
NOW THEREFORE the City of Tigard does ordain as follows:
Section 1: Chapter 5. 04 Business Licenses of the Municipal Code
of the City of Tigard is hereby repealed.
Section 2: In place of the repealed chapter the following is
hereby enacted as Chapter 5.04 Business Licenses of
the Municipal Code of the City of Tigard:
Chapter 5.04
Business Licenses
Sections:
5. 04.010 Definitions.
5.04.020 Purpose and Application.
5. 04.030 Required.
5. 04.040 Fee Schedule. Quarterly License Schedule.
5. 04.050 Fees for certain businesses - fifty percent increase.
5. 04.060 Fees for more than one business.
5. 04.070 Procedure for obtaining licenses.
5.04.080 Fraud prohibited. Penalty for delinquency.
5. 04.090 Violation. Conviction for non-payment.
5.04.100 Violation. Penalty.
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5.04.010 Definitions.
(a) As used in this chapter, "person" means a1]. domestic
and foreign corporations, associations, syndicates, partnerships
of every kind, joint ventures, societies and individuals trans-
acting or carrying on any business within this city.
(b) As used in this chapter, "business" shall mean
profession, trade, occupation, shop, and all and every kind of
calling carried on for profit or livelihood.
(c) No person whose income is based solely on an hourly, '
daily, weekly, monthly or annual wage or salary shall, for the
purpose of this chapter, be deemed a person transacting and
carrying on any business in this city.
(d) The agent(s) of a nonresident proprietor engaged in
any business for which a license is required by this chapter,
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 chapter to the extent
and with like effect as if such agent (s) was a proprietor.
5. 04.020 Purpose and Application.
(a) This chapter is enacted to prov ie revenue for
municipal purposes and to provide revenue to pav for the
necessary expenses required to issue the licenses to each
business.
(b) The license fees levied shall be independent of, and
separate from, any license or permit fee now or hereafter
required of any business by any city ordinance.
(c) Nothing in this chapter shall be construed to apply
to any person transacting and carrying on any business within
the city, which is exempt -from taxation by the city by virtue
of the constitutions of the United States or State of Oregon
or applicable statutes of same.
(d) The levy or collection of a license fee upon any
business shall not be construed to be a license or permit of
the city, to the person engaged therein, to engage therein in
unlawful, illegal or prohibited acts.
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5. 04. 030 Reauired.
(a) There are imposed upon the businesses certain license
fees in the amounts described in Section 5. 04.040. It is
unlawful for anv person to transact business in this city
without first obtaining a business license.
(b) Each branch establishment of a business shall be
considered a separate business and as such shall be subject to
the conditions herein outlined. Warehouses used solely inci-
dental to a business licensed pursuant to the provisions of
this chapter shall not be considered a separate business.
(c) Whenever a partnership or firm is established in
which two or more persons of the firm are licensed under state
law, the license for such a partnership or firm shall be twice
the amount indicated in Section 5.04.040.
5.04. 040 Fee Schedule.
(a) All businesses are required to be licensed, and the
license fees are to be paid vezarly except as otherwise provided. -
(b) A fee of $24.00 shall be paid by all businesses
operating within this city except as follows:
Animal Shows . . . . . . . . . . . . . . . . . . . $10.00 per day.
Apartment Complexes 1 to 3 Units . $20.00 per year.
4 to 12 Units . $24.00 per year.
12 to 20 Units . $34.00 per year.
Over 20 Units . $44.00 per year.
Automobile Garages . . . . . • . . . . . $24.00 per year.
Gas Pumps additional (each) . $ 4.00
Car Storage additional . . . . . . $ 4.00
Car Sales Outlet . . . . . . . . . . . . $10.00
Mobile Home Parks . . . $25.00 per year.
(Plus $2.00 Per Unit�over 15)
Carnivals and Circuses . . . . . . . . . . . $40.00 per day.
Contractors . . . . . . . . . . . . . . . . $40.00 per year.
Dance Halls . . . . . . . . . . . . . . . , $10.00 per dance.
Denartment Stores . . . . . . . . . . . . . . . . $40.00 per year.
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Drug Stores . . . . . . . . . . . . . . . . . . . . . . $35. 00 per year.
Electrical Contractors . . . . . . . . . . . $40. 00 per year.
Fortune-tellers . . . . . . . . . . . . . . . . . . $25.00 per daly.
Motels: 1 to 3 Units . $20.00 per year.
4 to 12 Units . $24.00 per year.
12 to 20 Units .$30.00 per year.
over 20 Units . $40.00 per year.
. . . 40.00 per year.
Motion Picture Theaters . . . . . . . $ p Y
Drive-In Theaters . . . . . . . . . . . . . . . . $40.00 per vear.
Night Clubs and Liquor Service
Clubs $40.00 pear year. .d
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Peddlers and Solicitors . . . . . . . . . . $24.00 per year or
$ 5.00 per day.
g . . . . . . . $40.00 per year.
Plumbing Businesses . . . . . . .
Supermarkets . . . . . . . . . . . . . . . . . . . . . $40.00 per year.
Undertakers and Funeral Homes . . . . $35.00 per year.
(c) Application for a yearly license may be made at any
time but shall be based on a Quarterly Schedule as follows:
Schedule A - July 1 thru June 30
Schedule B - october 1 thru September 30
Schedule C - January 1 thru December 31
Schedule D - April l thru March 31
- Licenses obtained at any time during a specific quarter shall
be renewed on the first day of the same quarter one year later.
5,04. 050 Fees for certain businesses - fifty percent increase.
Inasmuch as certain businesses are conducted within the
city limits by persons having their regular places of business
elsewhere, or by persons operating from vehicles within the
city who pay no city ad valorem taxes but nevertheless receive
the benefit of police protection, public streets and other city
services , the City Council finds that such businesses shall pay
a license fee equal to one hundred fifty percent of the fee's set
forth in Section 5.04.040 of this chapter.
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5. 04. 060 Fees for more than one business.
(a) If any person is engaged in operating more than one
business in the city, then that person shall pay the license
fee herein prescribed for as many businesses as are carried on
by such uerson, except as otherwise specifically provided.
(b) Producers of farm products raised in Oregon, produced
by themselves or their immediate families, shall not be subject
to license fees as prescribed herein.
5.04.070 Procedure for obtaining a license.
(a) All licenses shall be issued by the City Recorder upon
written application.
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(b) The application for a business license shall contain
the following information:
(1) A complete description of the business activity
to be carried out within this city.
(2) The name and address of the applicant including (`
a statement of all persons having an interest
in the business either as owners or proprietors
of the business.
(3) The location of the business.
(4) Date of the application.
(5) Date of birth of the applicant.
(6) Social security number of the applicant.
(7) Amount of money tendered with the application.
(8) Signature of the applicant.
(c) No license shall be transferred unless the consent
of the Citv Recorder is obtained and the fee of $5.00 is paid.
A record of such a transfer shall be made by the City Recorder
in the Business License Records.
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5.04, 080 Fraud Prohibited. Penalty for delinquency.
(a) It shall be unlawful for any person to make a false
or misleading statement to the City Recorder for the purpose
of obtaining a license. It shall be unlawful for anv person
to email or refuse to comply with the provisions of this chapter
or to fail or refuse to pay for the business license before the
same is delinquent.
(b) In the event a person fails or neglects to obtain a
license within 30 days after the due date for renewal, the
City Recorder shall collect in addition to the license fee a
penalty fee of $5. 00 for each month of delinquency.
(c) Nothing contained herein shall be taken or construed
as vesting any right in any license as a contract obligation
on the p-rt of the city as to the amount of the fee hereunder.
Other or additional taxes or fees and the fees herein provided
for may be increased or decreased and additional fees may be
charged at any time.
5.04. 090 Violation. Conviction for non-payment.
The conviction of any person for violation of any of the
provisions of this chapter shall not operate to relieve such
person from paying any fee or penalty thereupon for which such
person shall be liable, nor shall the payment of any such fee
be a bar to or prevent anv prosecution in the city court of
any complaint for the violation of any of the provisions of
this chapter.
5.04. 100 Violation. Penalty.
Any person violating any of the provisions of this chapter
shall', upon conviction thereof in the city court, be punished by
a fine of not more than two hundred dollars or by confinement in
the county jail for not more than ninety days or both such fine
and imprisonment.
Section 3 : Because it is necessary for the administration of
the new staggered license-application schedule that
the changes enacted by this ordinance take place as soon as
possible, an emergency is declared to exist. This ordinance
shall therefore become effective immediately upon its passage
by the Council and its approval by the Mayor.
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PASSED: By U h vote of all Council
members present, this 4,2jjz-& day of , , 1978,
after being read two times number and title only.
CITY RECORDE
APPROVED: By the Mayor this C2a'a day of
1978.
MAYOR - CITY OF TIGARD
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