For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ENTITY. An individual, firm, company, corporation, association, or partnership conducting any trade, profession, occupation, or pursuit for gain, or a tax-exempt organization which grows, manufactures, or processes plants or crops, or sells food or liquor on its premises. A BUSINESS ENTITY does not include:
(1) Tax-exempt organizations. Any organization that has an exemption from income taxes, from the Internal Revenue Service and the State of Oregon Department of Revenue, except as noted above;
(2) Exclusively licensed businesses. Businesses exclusively licensed by the state, or the activities of which are exclusively subject to regulations by the United States as being solely interstate in character; and
(3) Garage sales. The periodic sale of personal property by an individual or group of individuals at their own personal residence.
CITY RECORDER. The individual designated the City Recorder or person authorized by the City Recorder.
ITINERANT MERCHANT/SOLICITOR.
(1) Any person, representative, or employee of such person who, traveling or not traveling from place to place, carries goods, merchandise, food products to sell, offers to sell, takes, or attempts to take orders for the sale of such goods or services or any type of personal property for delivery or performance in the future.
(2) This definition includes, but shall not be limited to, persons carrying or exposing for sale a sample of the item for sale or demonstrates the service to be performed, collects advance payments on sales, without making this activity a permanent and continuous business within the city.
(3) ITINERANT MERCHANT includes peddler, hawker, and huckster.
(4) SOLICITOR includes canvasser, except where such person is eliciting information, not in contemplation of present or future sales.
(5) Unless otherwise provided in this chapter, such activity shall not include established businesses for the sale of goods, wares, or merchandise; the rendering or offering to render services, professional or otherwise, to the public generally; the engaging in the manufacturing, distribution, or leasing of goods, wares, or merchandise; the renting of apartments, hotel rooms, motor courts, trailer camps, or cabins; or the engaging in the mercantile, commercial contracting, industrial, manufacturing, or construction occupation, carried on for profit from a business firm address within the city; selling products of the farm or orchard produced by the seller or family; vendors of newspapers; wholesalers making deliveries to or taking orders from established businesses; and distributors making deliveries of dairy products.
(6) This shall not include ordinary labor for hire.
JUNK. Includes, but is not limited to, used vehicles, vehicle parts, or abandoned vehicles; used machinery, machinery parts, used iron, or other metal, glass, waste material, discarded material, or abandoned personal property of any nature, except reconditioned or rebuilt vehicle parts, sold by a wholesale distributor having an established place of business to an established business for resale.
JUNK DEALER. A person engaged in the business of junk sales, operating, or maintaining a junk yard, or a place or building within the city for the storage or dismantling vehicles, devices, or machines.
PAWNBROKER. Any person engaged in conducting, managing, or carrying on the business of loaning money, for himself, herself, or for another, upon personal property, personal security, pawns, or pledges; or engaged in the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors, or their assigns, at a price agreed upon at or before the time of such purchase.
PAWNSHOP. Any room, store, or place in which any pawnbroker business is carried on or conducted.
PLACE OF BUSINESS. A business location inside the city which is within an enclosed building which meets the requirements of all city and county building requirements and all other city ordinances.
SECONDHAND DEALER. A person who is engaged in the established or itinerant business of selling secondhand tools, wares, merchandise, or goods for private gain, or conducts auctions (used/new goods), except temporary auctions, garage sales, and sale of books, or magazines or collectibles.
TEMPORARY BUSINESS ENTITY.
(1) A business entity whose conduct in the city is temporary. This includes, but is not limited to:
(a) Peddlers, e.g., business entities who travel within the city and sell and deliver merchandise or services at one and the same time;
(b) Solicitors, e.g., business entities traveling within the city, carrying goods, but taking orders for future delivery;
(c) Business entities occupying a temporary fixed location, e.g., portable food stands and the like;
(d) Transient merchants selling and delivering from stock on hand; and including any auction, antique, rummage, tailgate, or any other sale of similar nature wherein all or part of the goods consist of used personal property.
(2) TEMPORARY BUSINESS ENTITY shall not apply to any sale, which is operated by, or the proceeds go to, a recognized charitable (or religious) organization or institution.
(Ord. 726, passed 12-14-2015)