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)