(A) The purpose of this chapter is to collect information about businesses in the city and provide revenue for the expenses of a business license program and other municipal purposes. The licensing and fee requirements prescribed in this chapter are not regulatory.
(B) This chapter provides reasonable and necessary licensing requirements for businesses, including transient merchants, temporary and mobile businesses in order to:
(1) Protect the public health and safety;
(2) Maintain the free flow of pedestrian and vehicular traffic on streets, sidewalks and areas open to the public;
(3) Prevent interference with the peaceful enjoyment of residential areas and anywhere that a transient merchant activity takes place; and
(4) Preserve, protect and enhance the economic, scenic, historic and aesthetic values and objectives of the city.
(C) These licensing requirements are not intended to permit any violation of the provisions of any other law or regulation.
(D) These licensing requirements shall apply to activities on private as well as city-owned and leased property, including public rights-of-way.
(E) These licensing requirements shall not apply to sales conducted by municipal, government, religious, charitable, educational or similar organizations, provided that the sale is conducted on premises owned or leased by the applicant for the regular conduct of its business or affairs.
(F) Exemption of a use from the provisions of this chapter shall not exempt the use from other applicable provisions of this code.
(Ord. 2016-07-02, passed 8-9-2016)
The following definitions shall control the interpretation, administration and enforcement of this chapter.
BUSINESS. The sale or offering for sale any good, food, beverage or service or the production, manufacture or processing of any sort of product that is sold or intended for sale, except the following:
(1) Garage sales, yard sales, rummage sales or swap meets conducted on private property, provided that the sale is not conducted over a period in excess of four consecutive days nor more often than four times per calendar year.
(2) Activities associated with a one-time, annual event or special event for which a special event permit has been issued by the city and for which all other applicable permits and licenses have been obtained.
(3) Farmers’ markets where producers of farm products raised or produced in Oregon are sold in the city by a person or family who raised or produced the commodity.
DOOR-TO-DOOR SOLICITORS. Any person who solicits the sale of any item or service by traveling from home to home within the city seeking customers and sales from residents.
MOBILE BUSINESS. Any temporary business operated in the city without a fixed location or structure or a structure that is not subject to the building code, including food carts, trailers and trucks, and door-to-door solicitors.
PERSON. Includes the singular and plural and any individual, firm, partnership, limited liability corporation, domestic or foreign corporation, doing business as (DBA) name, or any other legal entity. Each business entity registered at a particular address and each business owned or operated by the same entity shall obtain separate business licenses pursuant to this chapter.
TEMPORARY BUSINESS. A business operating in the city on a temporary or seasonal basis for fewer than 180 days in a 12-month period.
TRANSIENT MERCHANT. Any person who operates or engages in a mobile business activity, including the owner of the business and anyone actually engaged in a mobile business.
(Ord. 2016-07-02, passed 8-9-2016)
(A) Except for those business activities that are specifically exempt under this chapter, the following persons shall obtain a business license from the city pursuant to this chapter:
(1) Any person conducting, operating or carrying on a business anywhere in the city for any length of time; and
(2) Any business, corporation or other entity registered with the Oregon Secretary of State, Corporations Division with an address located in the city.
(B) The following entities engaged in the activities described in this section are exempt from the requirement to obtain a business license or pay a business license fee:
(1) Religious, educational and charitable organizations that are specifically exempt from taxation under the Federal Internal Revenue Code and registered with the Oregon Secretary of State’s Office as a not for profit corporation. Such organizations shall register with the city and obtain an exemption certificate.
(2) Garage sales, yard sales, rummage sales or swap meets conducted on private property, provided that the sale is not conducted over a period in excess of four consecutive days nor more often than four times per calendar year.
(3) Activities associated with a one-time event or special event for which a special event permit has been issued by the City and for which all other applicable permits and licenses have been obtained.
(4) Farmers’ markets where producers of farm products raised or produced in Oregon are sold in the city by a person or family who raised or produced the commodity. Such organizations shall register with the city and obtain an exemption certificate.
(5) Any business activity specifically exempted by the city council from the requirements of this chapter.
(C) Any person who is not otherwise required to obtain a business license under this chapter may nonetheless obtain a city business license by completing the appropriate form and paying the appropriate fee for such entities shown on the city’s adopted fee schedule.
(D) Businesses conducted in or from a residential structure (a home occupation) shall, in addition to obtaining a business license under this chapter, also obtain land use approval for the home occupation under § 151.122 of the Banks Code of Ordinances.
(E) In addition to obtaining a business license under this chapter, all new businesses and changes to existing businesses shall also obtain land use approval for the business use, including site plan approval as required by the city’s land use regulations.
(F) Any business that desires to use a portion of the public right-of-way, including sidewalks, for business purposes shall seek and obtain specific approval for that use through the site plan and any other land use review procedure required by the city’s land use regulations.
(Ord. 2016-07-02, passed 8-9-2016)
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