As used in this chapter of the Molalla Municipal Code, the following
words and phrases mean:
means an activity carried on by a person predominately for
economic profit or livelihood in the city including professions, trades,
occupations, and shops. Any person who advertises or otherwise represents
themselves to the public as engaged in business is presumed to be
so engaged.
means a commercial activity, open to the public, conducted
at a private residence where personal property is sold, or auctioned
to others, provided the number of sale days at a particular residence
does not exceed three days, and no more than four occurrences per
calendar year.
means a business carried on within a dwelling, and which
business is incidental to the use of the dwelling for dwelling purposes.
means the permission granted by the city to engage in a business
or activity regulated by this chapter.
means a person who has a valid license issued pursuant to
this chapter.
means any person who goes from house to house or from place
to place in the city, selling or taking orders for, or offering to
sell or take orders for goods, wares, merchandise, or any other article
for future delivery, for services to be performed in the future, or
the making, manufacturing, or repairing of any article or thing whatsoever
for future delivery, excepting interstate commerce.
includes all natural and legal persons, including, but not
limited to, individuals, corporations, associations, partnerships
and societies, whether or not engaged in a profit-making endeavor.
means a license issued pursuant to this chapter, and which
license's effective period has not expired.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
A.
The
ordinance codified in the chapter is enacted, except as otherwise
specified in this section, to provide revenue for municipal purposes
including police protection, marketing, tourism promotion, economic
development and to provide revenue to pay for the necessary expenses
required to issue the license.
B.
The
fee required by this code shall be in addition to general ad valorem
taxes now or hereafter levied pursuant to law, and shall be in addition
to license fees prescribed in other parts of this code.
C.
The
levy or collection of a business license fee upon any business shall
not be construed to be a license or permit of the City to the person
to engage therein in the event such business shall be unlawful, illegal,
or prohibited by the laws of the State of Oregon, the United States,
or other provisions of this code.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1; Ord. 2021-11 §1)
A.
An application
for a license required under this chapter will be made to the City
Recorder or designee, on forms that are maintained by the City.
B.
The
City Recorder or designee may issue or renew a license only if: (1)
the business activity of the applicant is consistent with any applicable
requirements of this code, including, but not limited to, zoning and
development requirements; (2) the business activity of the applicant
will not constitute a nuisance under the provisions of this code;
(3) the applicant has not provided any false or misleading information
or has not omitted disclosure of a material fact on the business license
application or related materials; (4) the business to be licensed
or any person with more than a 25% ownership interest in the business
does not owe the City any monies, including, but not limited to, unpaid
utility bills or fines or has any outstanding liens in favor of the
City; and (5) the applicant has paid the appropriate license fee due
under this chapter.
(Ord. 2024-04, 9/11/2024)
It shall be the responsibility of all general contractors, utility
companies and subcontractors working in the City to obtain a business
license. It shall further be the responsibility of all general contractors
and utility companies working in the City to provide a list of all
names and addresses of subcontractors under their direction. Failure
of any subcontractor to obtain a license may result in a stop work
order on any project within the City's jurisdiction.
(Ord. 2013-07 §1; Ord. 2018-04 §1)
A.
Except
as provided in this chapter, any person operating or carrying on business
in the City must obtain a license and pay the required fee on an annual
basis. Any person who does not have a business license, or has had
their license suspended or revoked, must immediately cease conducting
business within the city.
B.
A business license fee is hereby imposed upon the business trades, shops, professions, callings, and occupations specified in Section 5.24.010 of this code. The fee for business licenses shall be due and payable by the 15th day of January of each year for the calendar year following and shall be delinquent on or after the 16th of January.
Any new business which is not in operation on or before the
first day of the license year and which desires to conduct business
within the City shall make application for the license required by
this chapter to the City before starting a business. As a new business,
other processes and fees may apply to determine if business is applicable
to the zone. If the application is received on or before June 30,
the full license fee is required. An application received on or after
July 1, will be charged half the fee amount.
C.
Each
branch establishment of business or location of a business conducted
by any person shall, for the purposes hereof, be a separate business
and subject to the license requirements provided in this code; but
warehouses used solely incidental in connection with a business licensed
pursuant to the provisions of this code and operated by the person
conducting such business shall not be separate places of business
or branch establishments.
D.
The agent or agents of a nonresident proprietor engaged in any business for which a license is required by this code shall be liable for the payment of the fee, and for the penalties for failure to pay the same as provided in Sections 5.24.035 and 5.24.040 of this code, or to otherwise comply with the provisions of this code to the extent and with like effect as if such agent or agents were themselves proprietors.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1; Ord. 2022-02 §1; Ord. 2024-04, 9/11/2024)
Any person conducting a business within the City which is not
domiciled nor otherwise permanently located in the City but is conducting
business within the City for a period 30 days or less annually shall
apply for and receive a temporary business license and shall pay the
license fee for such temporary business as may be established by Council.
(Ord. 2013-07 §1; Ord. 2018-04 §1)
A.
The
provisions of this chapter shall not apply to:
1.
Any
person transacting and carrying on any business within the City which
is exempt from taxation or regulation by the City by virtue of the
Constitution of the United States, the State of Oregon, or applicable
statutes of the United States or the State of Oregon.
2.
Any
person whose income is based solely on an hourly, daily, weekly, monthly,
or annual wage or salary, and it is the intention that all registration,
taxes and fees will be borne by the employer.
3.
Any
business paying a franchise fee under City ordinances.
4.
Any
business which does not maintain any offices, storage facilities or
other facilities, or inventory in the City, and whose sole business
involves delivering merchandise or goods to persons or businesses
in the City.
5.
A
person whose primary activity consists of delivering goods inside
the City for a business located outside the City.
6.
Nonprofit
organizations, civic organizations and clubs wishing to canvass for
funds or sell door-to-door to raise funds or conduct fundraising,
federally tax-exempt organizations and non-profit religious organizations.
7.
Persons
whose gross receipts from business conducted both within and without
the City amount to less than $2,500.00 per calendar year; provided
that any such person provide written notice to the City by January
15, that they are exempt and upon demand by the City provide proof
verifying the amount. This exemption does not supersede the applicability
of the exemption for garage sales as defined in this chapter.
8.
Any
person operating a business, display or sales space at any special
event with a duration of three days or less. A "special event," as
used in this chapter, is deemed to be a City-endorsed activity for
the benefit of the community.
9.
Any
person engaged in a garage, yard or estate sale as defined in this
chapter.
10.
Any producer of farm products raised in Oregon, produced by themselves
or their immediate families, who sell, vend, or dispose of such projects
within the City.
11.
Any business which is under public contract with the City to design
or construct publicly funded projects and who does not do other non-City
work within the City limits.
B.
Any person not subject to the business license fee as set forth under subsection A who receives a notice of business license renewal or application must contact the City in writing to claim an exemption. If no exemption is claimed, an individual or business will be subject to the late fees as set forth under Section 5.24.040(B).
(Ord. 2019-10 §1; Ord. 2021-11 §2)
A.
The
license fee shall be set by the City Council by resolution.
B.
All
fees are on an annual basis. Each business trade, shop, calling or
occupation that has multiple departments may apply for a business
license under the classification of "general shopkeeper."
C.
If any
person be engaged in operating or carrying on in the city more than
one trade, shop, profession, occupation, business or calling then
such person shall obtain licenses prescribed in this chapter for as
many of the trades, shops, professions, occupations, businesses or
callings as are carried on by such person.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
All licenses issued in accordance with this chapter shall be
openly displayed in a place of business or kept on the person or on
the vehicle of the person licensed and shall be immediately produced
and delivered for inspection to the Chief of Police and their agents
or subordinates when requested by the individuals to do so. Failure
to carry the license or produce the same on request shall be deemed
a violation of this chapter.
A.
A business
license certificate shall be issued by the City Recorder or designee
upon written application therefor.
B.
The
application for such certificate shall contain the following information:
1.
A
description of the trade, shop, business, profession, occupation,
or calling to be carried on within the city;
2.
The
name of the applicant, with a statement of all persons having an interest
in said business either as proprietors or owners of the 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.
Signature
of applicant.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
A.
No person
may willfully make any false or misleading statement to the City Recorder
for the purpose of securing a business license certificate; or to
fail or refuse to pay before that payment becomes delinquent any business
license fee or penalty hereby required to be paid by any such person.
B.
In the event any person required to renew a business license fails to pay the license fee, a late fee, as set by resolution, shall be added to the license fee until paid. This same late fee will apply to those persons receiving notice of a failure to renew a business license who have not notified the City of any applicable exemptions as listed in Section 5.24.025 above. If after March 1st the business license and/or including late fees (unless a payment arrangement has been made in writing) the business shall be cited into Molalla Municipal Court and prosecuted under the general penalty of Molalla Municipal Code as stated in Chapter 1.04.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
A.
The
conviction of any person for violation of any of the provisions of
this chapter shall not operate to relieve such person from paying
any fee or penalty thereupon for which such person may be liable nor
shall the payment of any fee be a bar or prevent any prosecution in
the Municipal Court of any complaint for the violation of the provisions
of this chapter.
B.
Any violation of this chapter shall, in addition to any other remedy prescribed by this chapter, be punishable under the general penalty clause of the Molalla Municipal Code. Each day, which a business is operated in violation of this chapter, shall be deemed a separate offense and may be punishable by a separate fine for each day the license is not paid in an amount to be determined by the City and as authorized under Section 1.04.010(B) of the Molalla Municipal Code.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
Business licenses shall be issued on a calendar year basis and
shall expire on December 31st of the year in which they are issued.
(Ord. 1999-15 §2; Ord. 2008-03 §1; Ord.
2010-13 §1; Ord. 2013-07 §1; Ord. 2018-04 §1)
At least 30 days prior to the expiration of any license issued
under this section, and upon any change in the ownership of a business
licensed under this section, the licensee shall apply for renewal
by application containing the same information as required for an
initial application, or, in the alternative, a statement of the particulars
in which the information furnished with the initial application is
changed. On such investigation as the City deems proper, the license
shall be renewed.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
A.
The
City Recorder determines that a licensee is conducting or has conducted
an activity, which would provide grounds for denial of an application
for a license, and the City Recorder shall notify the licensee in
writing that the City is revoking/suspending the license.
B.
If the
City Recorder determines that a licensee or any activity of the licensee
presents an immediate danger to persons or property, the City Recorder
may suspend/revoke such license by issuing written notice.
(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
An applicant whose application has been conditioned, denied,
suspended or revoked may file a written notice of appeal with the
City Administrator. The notice of appeal must be filed within 10 calendar
days after the notice of conditioned, denied, suspended or revoked
is mailed or delivered, whichever is earlier. The notice of appeal
shall include:
A.
The
name and address of the appellant, and the business owner if different
than the appellant;
B.
The
nature of the determination from which an appeal is taken and a copy
of the determination;
C.
The
reason or reasons why the determination is alleged to be incorrect;
and
D.
What
the correct determination should be.
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When a license has been revoked and the licensee or principal
of the licensee reapplies for a license, a bond in the penalty sum
deemed necessary under the circumstances, but not to exceed $10,000.00,
shall be filed with the City Recorder. This bond shall be required
for the term of the license and shall be forfeited to the City if
the licensee is convicted of any violation of federal, state or city
laws or ordinances for which such license may be revoked.
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(Ord. 2008-03 §1; Ord. 2010-13 §1; Ord.
2013-07 §1; Ord. 2018-04 §1)
