Ordinance No. 70-48 CITY OF TIGARD, OREGON
L� ORDINANCE No-70-
AN ORDINANCE; PROVIDING FOR LICENSING OF TRADES, SHOPS,
OCCUPATIONS, PROFESSIONS, BUSINESSES AND CALLINGS FOR THE PURPOSE;
OF REXENUE; PRESCRIBING PROCEDURE FOR ISSUANCE OF LICENSES, PROVID-
ING PENALTIES FOR VIOLATION THEREOF, REPEALING ORDINANCES Nos.63-5,
65-13 and 70-•15, AND FIXING EFFECTIVE DATE. _
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: (a) As used in this ordinance, "person" means all
domestic and foreign corporations, associations,.
syndicates, partnerships of every kind, joint adventurers, societies
and in ivir_uals tra.neacti.ng and carrying on any business in the Ci';y
of Tigard, Oregon.
�b) As used in this ordinance, "business means pro-
fessions, trades,, occupations, shops, 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 pur-
pose of this ordinance, be. deemed a person transacting and carrying
on any business in the City of Tigard, Oregon.
(d) 'Phe agent or agents of a nonresident proprietor
engaged in any business for which a license is required by this ordi-
nance, shall be liable for the payment of the fee thereon as herein
provided and for the pe.altiea for failure to pay the same or to
comply with the provisions of this ordinance to the extent and with
like effect as if such agen� or agents were themselves proprietors.
Section 2: (a) This ordinance is enacted to provide revenue for
municipal purposes and to provide revenue to pay for
the necessary expenses required to issue the iicenses for the bui-
riess licensed.
(b) The license fees levied by this ordinance shall be
indepei.dent of, and separate from, any license or permit fees now or
hereafter required of any person to engage in any business by any
ordinarice of the City of Tigard, Oregon.
(c) Nothing in thi7 ordinance shall be construed to
apply to any persona transacting and carrying on any business within
the City. of Tigard, Oregon which is e .empt from taxation by the City
by virtue of the constitutions of the United States or of the State
of Oregon or applicable statutes of the United States or the State of
,. Oreton.
(d) The levy or collection of a license fee upon any
businesa shale not be 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 shell be unlawful, illegal or prohibited by the
laws of the State of Oregon or the United States or ordinances of
the City of Tigard, Oregon.
Page 1 ORDINANCE No.70-A
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Section_, 3: (a.) There are hereb y imposed upon the business trades,
shops, professions, callinr;s and occupations speci-
fied Jr, this ordinance, license fees in the ai,.ounts hereinafter pro-
scribed, and IU shall be unlawful for any person to transact and carry
on any such buslness In the C':Djy ux 'i'igaV without first having ab-
tain^d the license therefor for the cu e::it jalendar year as herein
provided or coiRUlyin, with any and all application provisions of this
ordinance.
(b) `rile license year shall commence July 1 of each year
and terminate at the expiration of "line 30 the followini� ,year.
(c) License foes nerein required shall be due and pay-
able on the first uay of July of each year for the ensuing fiscal
year and shall be delinquent on and after the first day of AuEust of
such year. ,
For any such trade, shop, business, occupation or
profession beginning business within the City cf Tigard on and after
January 1 of any license year, the license fee for such remaining
six month period of the licer;se year, or any part thereof, shall be
equal to fifty (50%) per cent of the annual fee.
(ti) tach branch establishment of business ar location
of a business conducted by any parson shall, for the ,urposes hereof,
be a separate business and subject to the license therefor herein
provided, but warehouses usetA solely incidental in connection with
a business licensed pursuant to the provisions of this ordinance and
operated by the person. conducting .such business, shall not be sepa-
rate 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 E
firm are licensed under state law to practice such profession, the
license herein for such pa.rtnF:rship or firm shall be two hundred
(200%) per cent the amount hereinafter indicated.
Section 4: Tile trades, shops, businesses, occupations, professions
and callings li3ted on the attached schedule headed
1113USINESS LICENSE CLASS IFI CATI0142" are hereby required to belicensed,
and the business license fees set forth on said schedule oppO
te
each of the classifications are hereby Adopted as the applicable
fee to be paid annually for each of said classifications, EXCEPT in
those instances where the said schedule otherwise provides, and the
fees in such instances shall be.. as set forth therein.
Any business classifications, businesses, trades, shops,
professions or callings not included within the classifications on
the attached schedule designated "BUSINESS LICEPfSE CLASSIFICATIONS",
or not licensed under any other ordinance of the City of Tigard,
shall by required to pay an annual license fee of $22.50.
Sectioa5: Inasmuch as certain trades, shops, businesses, professions
or callings are conducted within the corporate limits of
the City of Tigard, Oregon by persons having; their regular place of
business elsewhere, ox° by persons operating from vehicles within the
City of Tigard, who pay sic) city ad valorem taxes but nevertheless
receive the benefit of police and fii°e protection, public streets
and sidewalks, street lighting and other city services, the City
Page 2 CRMNANCE No.Y,)-_Yff
Council of the city of Tigard hereby finds that such trades, shops,
businesses, professions or callings having no business situs within
the City of Tigard, or being operated from vehicles, and who pay too
city ad valorem taxes upon real or personal property, shall pay a
license fee according to their respective classifications equal to
one hundred fifty (150%) per cent of the fees hereinafter 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, equitab'c and
non-discriminatory charge fixed in recognition of the circumstances
herein recited.
Section 6: (a) If any person be engaged in operating or carrying on
in the City of Tigard, Oregon more than one trade,
shop, profession, occupation, business or call-
Ing, then such person
shall pay the license fee herein prescribed for as many of said trades,
shops, professions, occupations, Wisinesses or callings as are carried
on by such person, except as herein otherwise specifically provided.
(b) Producers of farm products raised in Oregon, produced
or their immediate families, shall not be subject to
by themselves ply to the selling of such
license fees prescribed herein that may ap
products in the City of Tigard by themselves or their immediate families.
procedure for Obtaininr, License.
Section 7: Proce -Iicense
(a) All licenses shall be issued by the City Recorder of
the city of Tigard, Oregon upon written application therefor, and not
otherwise.
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 applicant, with a state
meet of all persons having an interest in 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. 31gnature of the applicant.,
(a) No transfer of any license herein prov-ded for shall
Council. An entry of such
consent of the City C
be made without the f licenses for
transfer shall be made by the Recorder in the record o
charge and recelVe �100
.
which entry the Recorder shall charv v
Page 3 ORDINANCE No. 70
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Section 8: (a) It shall be unlawful for any person to wilfully
make any false or misleading statement to the City
Recorder for the purpose of determining the amount of any license
fee herein provided to be paid by any such person, or to fail or
refuse to comply with any of the provisions of this ordinance to be
compliad with or observed by such person, or to fail or refuse to
pay before the same shall be delinquent any license fee or penalty
hereby required to be paid by any such person.
(b) In the event any person hereby required to obtain
a license shall fail or reelect to obtain the same before il: shall
become delinquent, the City Recorder shall. collect upon the payment
therefor and in addition thereto a penalty of five (5%) per cent of
the fee therefor for each calendar month or fraction thereof the
same shall be delinquent.
(c) Nothing herein contained shall be taken or construed
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 for may be
increased or d,creaaed and additional or other fees provided for and
levied in any and all instances at any time by ;he said City and any
business may be re.lassified or sub-classified at any time and other
or additional fees levied upon any thereof or parts thereto.
Section 9: The conviction of any person for violation e -:ny of
the provisions of this ordinance shall not opullate to
relieve such parson from paying any fee or penalty thereupon for
which such person, shall be liab.,.e, nor shall the payment of any such
fee be a bar to or prevent any prosecution in the City Court of any
complaint for the violation of any of the provisions of this ordi-
nance.
Section 10: Ariv person violatir.;_ any of the provisions of this ordi-
nance shall upon conviction thereof in the City Court
be punished by a fine of not '.o exceed $200. or by confinement in
the City. of County Jail not to exceed ninety (90) days or by both
such fine and imprisonment.
Section il: Repealer: Ordin2nces 1Jos. 63-5, 65-13 and 70-15 and all
other ordinances or portions of oruinancrs of the City
of Tigard now :in effect, to the extent inconsistent herewith, are
hereby repealed.
Section 12: Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that provi-
sion Ite made to bring the contents of this Ordinance into alignment
with applicable decisions of the Court of Appeals of the State of
Oregon., in order to protact and assure continuance of public rev
enues to be derived hereunder, an eiaergency is hereby declared to
exist and this Ordinance shall be effective upon its passage by
the Council and approval by the flavor.
r BV unanimous vote of all Council members present, after
H
being read three ties r.y. nurebez, andCLale oily, this �'day of Novem-
ber, 19`(0. '
Recorder City of 2� rd
APPROVED: By the Mayor, this ;U day of November, 1970.
Mayor - Cityard
Page 4 ORDINANCE No.'10--_4—
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BUSINESS LICENSE CLASSIFICATIONS
Architects and Engineers 22.50 Dance, Music and Art Studios 22.50
Accountants 22.50 Dance Hall 7.50
per danre
Antique and Curio Shopa 22.50
Dentists 22.50
Animal Shows 7.50/day
Departments Stores 37.50
Apartments 1-3 15.00
4-12 22.50 Drug Stores 30.00
12-20 30.00
over 20 37.50 Electrical Co..`.ractos 37.50
Garden
Appliance Repair Service Farm &/Machinery Dealers 22.50
Shops 22.50
Feed Stores 22.50
Attorneys 22.50
Florists & Nursery 22.50
Automobile Parts a Access-
ories 22.50 Fortune Tellers 22.50
per day
Automobile Garages
Garage 22.50 Super Markets 37.50
Gas Pumps additional 3.00
Car Storage 4.50 Frozen Food Lockers 22.50
Car Sales 7.50
Furniture Stores 27..50
Automobile Body Shops 22.50
Gas & Oil Distributors 22.50
Auto Trailer Camps 22.50
(plus 1.50 per unit Glass Companies-Sales & Repair 22.50
over 15)
Grocery Stores 22.50
Barber Shops 22.50
Hardware Stores 22.50
Bakeries 22.50
Ice Cream Stores 22.50
Beauty Parlors 22.50
Industrial & Manufacturing 30.00
-Bicycle Shops 22.50
Jewelry Stores 22.50
Book Stores 22.50
Ladies' Apparel Shops 22.50
Bowling Alleys 22.50
Brokers,Real Estate & other 22.50 Lumber Yards 22.50
Bos Stations 22.50
Machine Shops 22.50
Cabinet Shcps 22.50
Meat Markets 22.50
Card and/or Pool Halls 22.50
Men's Clothing and/or Shoe
Carpet Shops 22.50 Stores 22.50
Carnivals and Circuses 37.50/day Milk Distributor - retail 22.50
.,Chemical Companies 22.50 Motels 1-3 15.00
4-12 22.50
Childrens' Wear 22.50 12-20 30.00
over 20 37.50
Cleaners and Laudries 22.50
Motion Picture Theatres &
Confectioneries and/or Drive-ins 37.50
soft drinks and/or lunch
counters 22.50 Night Clubs 6 Liquor Service 37.50
Clubs
Contractors 37.50
Nurseries (child) and Rest
Homes 22-50
Optometrists 22.50
Peddlers or Solicitors 22.50 per year or
j' day
Physicians & Surgeons 22.50
Plumbing Shops 37.50
Printing Shops and/or
Newspaper printing 22.F0
Radio-Television Sales 22.50
and Pepairs
Restaurants 22.50
Second Hand Stores 22.50
Service Stations 22.50
Shoe Repair Shops 22.50
Salvage Yards 22.50
Soft Drink Parlors 22.50
Trailer Sales and Rentals 22.50
Undertakers & Funeral Homes 30.00
Used Car lots 22.50
Upholstery Shops 22.50
Variety and/or Toy Stores 22.50
22.50
Veterinarians
�p,