CHAPTER 110: BUSINESS LICENSING
Section
General Provisions
   110.001   Short title
   110.002   Purpose and scope
   110.003   Definitions
   110.004   License required
   110.005   Term
   110.006   Fees, generally
   110.007   Fees, calculation
   110.008   Application procedure
   110.009   License issuance or denial
   110.010   Notice
   110.011   Limitations
   110.012   Revocation of license
   110.013   Appeal
   110.014   Posting of license
Special Events, Temporary and Mobile Businesses
   110.025   License required
   110.026   Fees
   110.027   License displayed
   110.028   License and fee exemptions
   110.029   Denial, revocation, or suspension of temporary license
   110.030   Application for a temporary license for a mobile business, temporary business, or special event
Secondhand Dealers, Dealers in Antiques, Guns, Coins, and Scrap
   110.045   Purpose and scope
   110.046   Definitions
   110.047   Dealer’s permit required
   110.048   Dealer’s permit application
   110.049   Application review
   110.050   Criteria for grant or denial
   110.051   Issuance or denial
   110.052   Review of denial
   110.053   Temporary permit
   110.054   Revocation and suspension
   110.055   Dealer register
   110.056   Dealer report and holding of article
Liquor License Issuance
   110.070   Purpose
   110.071   Liquor license issuance; renewal; fees
   110.072   Liquor license issuance; notice; recommendation; hearing
   110.073   Delegation of authority; issuance; rules; special event permit and temporary liquor license
 
   110.999   Penalty
GENERAL PROVISIONS
§ 110.001 SHORT TITLE.
   The provisions of this subchapter create the terms of the “Forest Grove Business License Code” and is referred to herein as “Business License Code” or “BLC”.
(Prior Code, § 7.000) (Ord. 2008-01, passed 3-31-2008)
§ 110.002 PURPOSE AND SCOPE.
   (A)   The Business License Code facilitates the collection of information about businesses in the city. Emergency responders from the Police and Fire Departments are better able to respond effectively and safely to emergency situations at city businesses when they have information about types of businesses and the contents of the structures in the city. Building Code compliance, Planning Code compliance, Fire Code compliance, and Wastewater discharge compliance are enhanced by obtaining data from business license applications about structures in which businesses are located. Business demographic information is also necessary to promote economic development. The Business License Code is designed to obtain that information. The public health, safety, and welfare are benefitted by this Business Licensing Code.
   (B)   The annual business license fee imposed by the Business License Code is for revenue purposes only for municipal purposes and for the privilege of doing business in the city. The fees imposed shall be in addition to, and not in lieu of, any other license or permit fee(s), charge(s) or tax(es) required under any other code section or ordinance of the city or county or any state or federal law.
   (C)   The annual business license required by the BLC shall not be construed to constitute a permit to engage in any activity prohibited by law nor a waiver of any regulatory or license requirement imposed by other provision(s) of city, federal, state, regional, or local law.
(Prior Code, § 7.005) (Ord. 2008-01, passed 3-31-2008)
§ 110.003 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. Except as limited below, BUSINESS means any enterprise, trade, activity, profession, occupation, private educational facility, or any kind of calling carried on for profit or livelihood within the city including businesses and rental properties that offer to rent or lease three or more residential rooms, units, or structures, and commercial building rentals containing two or more businesses. BUSINESS does not include the noncommercial on-premises sale of used household goods by a person who resides on the premises (a yard or garage sale) so long as the sales are conducted on no more than six days in any 12-month period.
   CITY. The City of Forest Grove.
   CITY MANAGER. The person appointed by the City Council to act as City Manager and, for purposes of this chapter, includes a person designated by the City Manager to perform his or her functions.
   COMMERCIAL BUILDING RENTAL. A building, portion of a building, or a group of buildings on a parcel of land within the city containing two or more businesses. A building or portion of a building containing two businesses shall not be considered a COMMERCIAL BUILDING RENTAL if the owner of the building conducts or has a majority ownership of a business in a portion of such building.
   COMMUNITY EVENT. An event which is open to the public and which is approved by the City Manager to use city street and sidewalk areas or held on private or public property with the consent of the owner or entity. Such EVENT may involve a portion or all of the Central Business District (CBD), may last up to seven consecutive days, or recur not more than once per week, must be determined by the City Manager to provide an overall community benefit, and must be sponsored by a service group or other organization, not an individual business.
   DOING BUSINESS. An act or series thereof performed in the course or pursuit of a business activity on more than one occasion or day in a calendar quarter and not as a one-time or isolated activity or event. A person is presumed to be DOING BUSINESS in the city and subject to the BLC if engaged in any of the following:
      (1)   Advertising or otherwise professing to be doing business within the city;
      (2)   Delivering goods or providing services to customers within the city;
      (3)   Owning, leasing, or renting personal or real property within the city which is used in a trade or business;
      (4)   Engaging in any transaction involving the production of income from holding property or the gain from the sale of property, which is not otherwise exempted in this chapter. Property may be personal, including intangible or real in nature; or
      (5)   Engaging in any activity in pursuit of gain which is not otherwise exempted in this chapter.
   EMPLOYEE. A natural person who works for or on behalf of a business in exchange for compensation, not including those employees leased from another business, regardless of the number of hours per pay period or method of compensation. EMPLOYEE includes, but is not limited to, a sales agent who works primarily for or under the direction of a principal or a broker.
   FULL-TIME EQUIVALENT EMPLOYEES (FTE). The number of employees of a business as calculated under § 110.007.
   HOME BUSINESS. A business located and operated out of a person’s home or domicile.
   LICENSE or BUSINESS LICENSE. The document issued by the city granting the privilege to carry on a business within the city.
   MOBILE BUSINESS. Any business without a fixed location or which is operating from a self-propelled vehicle or which can be pushed or pulled on a sidewalk, street, or highway on which food, goods, or services is prepared, processed, or from which food or other goods and then sold or dispensed to the public.
   NONRESIDENT BUSINESS. A business operating in the city where the headquarters or main branch is located outside the city.
   PERSON. Includes individuals and all domestic and foreign firms, corporations, associations, partnerships, and joint ventures carrying on any business in the city.
   RENTAL PROPERTY. A building, portion thereof, or group of buildings within the city and which is rented, leased, let, or made available for compensation for sleeping or living purposes. The term includes all multi-dwelling unit premises having three or more dwelling units including hotels and motels, automobile or tourist courts, rooming or lodging houses, or mobile home and trailer parks. In the case of a mobile home or trailer park, the term DWELLING UNIT refers to the space, pad, or stall.
   SECONDHAND DEALER. A person engaged in conducting, managing, or carrying on the business of selling goods and articles acquired by purchasing secondhand articles from others.
   SOLICITATION. Any oral or written request to purchase or trade any product or thing; to request a contribution or donation of money or property for any purpose or cause; to request opinions or answers to surveys on any subjects; or, to request endorsement or support by petition any product, candidate, or cause.
   SOLICITOR. A person or persons engaged in solicitation.
   SPECIAL EVENT. An event specifically approved by the City Manager granting privileges for the use of street and sidewalk areas, or held on private or public property where goods or services are purchased or sold, excluding the noncommercial on-premises sale of used household goods by a person who resides on the premises (a yard or garage sale) so long as the sales are conducted on no more than six days in any 12-month period. Such EVENT must be held within a specially defined area for a period of time not exceeding three consecutive days.
   TEMPORARY OR TRANSIENT BUSINESS. A person conducting or operating a business within the city for periods of less than 60 consecutive days in any calendar year. Examples of TEMPORARY BUSINESSES include, but are not limited to, Christmas tree lots, fireworks, and fruit/vegetable/plant stands not part of a farmers’ market.
   TEMPORARY OR TRANSIENT LICENSE. A business license issued for a term of up to 60 days.
   TRANSFER. To transfer the title of ownership or name of business. It shall not mean a change in business location.
(Prior Code, § 7.010) (Ord. 2008-01, passed 3-31-2008)
§ 110.004 LICENSE REQUIRED.
   (A)   Except as may otherwise be provided in divisions (F) and (G) below, any person doing business, including a home business or a temporary business, within the city shall first obtain a license and pay the required annual fee.
   (B)   Nonresident businesses must obtain a city business license and pay the required fees.
   (C)   Solicitor(s) must obtain a city business license and pay the required fees, except as may otherwise be provided in divisions (F) and (G) below. Additionally, solicitors must comply with §§ 111.015 through 111.018.
   (D)   Temporary businesses and special events are subject to the provisions of §§ 110.025 through 110.030 and required to obtain a temporary business license and pay the fee specified by Council resolution.
   (E)   No person shall conduct business within the city as an employee, agent, or representative of a business without first having obtained a valid city business license regardless of the locale of the principal office(s) of that business.
   (F)   The following businesses and activities need not obtain a business license but instead will be issued, at no cost, an “exemption certificate” that shall record the location, purpose, and contact information of the business or activity if one is applied for:
      (1)   Churches and governmental agencies, including publicly funded schools;
      (2)   Civic leagues or civic organizations operating exclusively for promotion of social welfare which may from time to time conduct business like activities on a temporary basis, the earnings of which are devoted exclusively to social welfare, religious, and/or fraternal purposes;
      (3)   Independent contractors, such as medical care providers, beauticians, and the like, working in a building where the owner has obtained a business license under one business name covering those located in the building engaged in like profession under the business name indicated on the license;
      (4)   Community events where a special event and other applicable permits have been granted by the city;
      (5)   Any business or occupation specifically exempt from the payment of a business license fee under the state or federal law or constitution;
      (6)   Any business specifically exempted by Council; or
      (7)   Producers of farm products raised in the state and sold by them or their immediate families.
   (G)   The following businesses and activities neither need to obtain a business license nor an exemption certificate:
      (1)   A service business operated by a person under the age of 18, such as lawn mowing, newspaper delivery, lemonade stand, and the like;
      (2)   Solicitations for contributions or donations which are exclusively devoted to charitable, social welfare, religious, educational, political, or fraternal purposes;
      (3)   Owner-occupied residential dwellings where two or fewer units or rooms are rented or leased for sleeping or living purposes;
      (4)   Utilities currently franchised by and paying a franchise fee to the city;
      (5)   A household or garage sale conducted consistent with the terms of the Business License Code;
      (6)   A contractor with a business license from Metro; and
      (7)   Any activity specifically exempt from licensing under the state law or constitution or federal law or constitution.
(Prior Code, § 7.015) (Ord. 2008-01, passed 3-31-2008)
§ 110.005 TERM.
   (A)   A business license shall have a term of one year.
   (B)   A business license shall be effective as of the date of issuance and expire on the last day of the same month 12 months therefrom to be renewed annually thereafter not later than the last business day of that month.
   (C)   An amended application or re-application for a business shall be made (and be exempt from payment of additional fees), prior to the effective date of any of the events listed below:
      (1)   A change in ownership of the business; or
      (2)   A change of business location.
   (D)   The business license is deemed expired:
      (1)   At the point in time the type of business listed on the business license ceases as a going concern; or
      (2)   As specified in division (B) above.
   (E)   A new application must be made and fees paid when:
      (1)   A business license has expired; or
      (2)   A material change in the type of business conducted occurs.
(Prior Code, § 7.020) (Ord. 2008-01, passed 3-31-2008)
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