The purpose of this chapter is to provide revenue for municipal purposes and to provide for the health, safety and welfare of the citizens of Happy Valley through regulation of businesses, occupations and trade. The entity need not be located within the city in order to be subject to the provisions of this chapter. The levy or collection of a license fee upon any business shall not be construed to be a license or permit by the city to the person engaged in such business to carry on business if such business is unlawful, illegal or prohibited by the laws of the state or the United States or ordinances of the city. It is noted that city residential zoning provides for home occupations, nonconforming uses, nursing homes and homes for the aged if certain standards and conditions are met.
(Ord. 124 § 1.010, 1994)
The following words or phrases, except where the context clearly indicates a different meaning, shall be defined as provided in this section:
"Applicant"
means agent or owner of the named business.
"Business"
means any enterprise, establishment, store, shop, activity, profession or undertaking of any nature conducted for any reason regardless of profit or nonprofit motivation. "Business" means and includes the ownership, management or operation of rental property within the city limits. It also means the performance of activities within the city such as those involved in the construction of improvements on or to real property.
"City"
means the city of Happy Valley, Oregon.
"City manager"
means the city manager or his or her designee.
"Daycare facility"
means a public, private, or nonprofit facility for the day or evening (but not overnight) care of children outside of their homes. Examples include daycare centers, nursery schools, preschools and before-and-after school care programs. If a daycare facility qualifies for licensing by the state of Oregon, it must also obtain a city business license.
"Doing, engaging in or transacting business"
means any act or series of acts performed in the course of the pursuit of a business activity.
"License"
means the permission granted for the carrying on of a business, profession or occupation within the city limits.
"Licensee"
means the business as specified and named by the applicant.
"Nonprofit organization"
means a religious, philanthropic, patriotic and/or charitable organization. An organization shall be considered to be nonprofit if it meets the tests of a tax exempt organization as specified by the Internal Revenue Service.
"Peddler"
means a person or persons, traveling from place to place, selling and delivering at the same time.
"Person"
means an individual, partnership, association, firm or corporation.
"Rental property"
means a building, portion of building, or group of buildings within the city which are rented, leased, let or made available for compensation for sleeping or living purposes. "Rental property" includes, but is not limited to, a residence, a hotel or motel, automobile or tourist court, roominghouse or lodging house, and mobilehome or trailer park. In case of mobilehome or trailer parks, the term "dwelling unit" means space or stall.
"Solicitor"
means one who travels from place to place, not carrying his or her goods with him or her, but taking orders for future deliveries.
(Ord. 124 § 1.020, 1994; Ord. 303 Att. A, 2005)
A. 
No person shall establish, maintain, operate, engage, conduct or carry on any business within the city without first having obtained a business license.
B. 
It is the intention of this chapter to require a business license be obtained by the owner, partner or operator of the business and not by a person whose income consists of a salary or wage paid to such person by the owner, partner, operator or employer. However, the employees, agents or representatives of a person who has no regular place within the city but engages in business within the city shall be personally responsible for the compliance of their principals and of the businesses they represent with this chapter.
(Ord. 124 § 1.030, 1994)
If a person is engaged in or doing business at more than one establishment, branch or location, each such establishment, branch or location shall be deemed a separate business and shall be required to obtain a business license. If a person is engaged in the business of renting or leasing a residence or residential dwelling unit, the person shall obtain a business license for each residence or dwelling unit. If two or more businesses are carried on at the same location, each shall be required to obtain a separate business license except in situations where it can be shown that the individual businesses are in fact one business. In determining whether different activities at the same location are in fact one business, normal and ordinary customs and usages of business shall be considered.
(Ord. 124 § 1.040, 1994; Ord. 585, 6/18/2024)
A. 
Application for a new or renewal business license shall be made at the offices of the city on forms provided by the city. The application process shall require evidence of satisfaction of state registration or licensing if applicable.
B. 
The business license term shall be July 1st to June 30th, renewable annually upon notice from the city. A temporary license for a period of 10 days can be issued to peddlers and solicitors.
(Ord. 124 § 1.050, 1994)
A. 
All business license fees shall be determined by resolution of the city council. Applications received between January 1st and June 30th will be charged one-half the fee defined by city resolution.
B. 
The fee schedule adopted by the city council may provide for a reduction in the total fee paid by a person who rents four or more dwelling units in a calendar year, provided the person annually participates in a city-sponsored training program for residential owners and managers.
(Ord. 124 § 1.060, 1994; Ord. 585, 6/18/2024)
The city officials responsible for administration of this chapter are directed and empowered to investigate and examine all places of business licensed or subject to license under the terms of this chapter at any and all reasonable times for the purpose of determining whether such place of business is in compliance with all city codes and is safe, sanitary and suitable for the business so licensed or for which such application is made. In the event it is determined by such officers or their agents that such place of business is dangerous to public health or safety, likely to become a menace, or is in violation of city codes, a report of such determination and the reasons therefor shall be made in writing to the city manager, who shall take such action as he or she may deem necessary and advisable.
(Ord. 124 § 1.070, 1994)
No transfer or assignment of any license issued under this chapter shall be valid or permitted. Upon sale or other transfer of a business the new owners shall be liable for obtaining a new business license.
(Ord. 124 § 1.080, 1994)
Upon approval of the business license application an applicant shall be issued a business license by the city. The business license shall be kept posted in a conspicuous place on the business premises at all times. If there is no regular place of business in the city, the business license shall be in the possession of a representative of the business present within the city at all times during which the business is being transacted by an employee, agent or representative within the city. Relocation of the business to a new location shall constitute a new business and shall require the owner to obtain a business license for that new business.
(Ord. 124 § 1.090, 1994)
A. 
The city manager or person designated by the city manager is responsible for the administration of this chapter. The city manager may adopt reasonable rules and regulations necessary to carry out the purpose and intent of this chapter, including regulations providing for seasonal or temporary licenses. Violation of any rule or regulation adopted by the city manager pursuant to this section shall be subject to the penalties in Section 5.04.140.
B. 
The city manager may establish a training program for owners and operators of a residence or residential dwelling units licensed under this chapter. The training may be based on the standards established by the Apartment Safe Neighborhood Initiative (AMSI) program. The purpose of the program is to provide the owner or operator of a rental property with up-to-date knowledge and best practices regarding landlord tenant laws, tenant screening, nuisance activities and eviction procedures. A person who participates in the training may qualify for a reduction in the licensing fees established under Section 5.04.060.
C. 
No person shall violate or fail to comply with any rule or regulation adopted by the city manager or willfully make any false or misleading statements to the city manager regarding information relevant to the issuance of a business license.
(Ord. 124 § 1.100, 1994; Ord. 585, 6/18/2024)
A. 
A license issued under the provisions of this chapter may be revoked by the city manager, after notice, for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for a license;
2. 
Fraud, misrepresentation or false statement made in the course of carrying on the licensed activity;
3. 
A violation of this chapter;
4. 
Conviction of a felony;
5. 
Conducting the licensed activity in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public;
6. 
Failure to comply with requirements of federal, state, county or municipal law.
B. 
Notice of revocation of a license shall be given in writing to the licensee, setting forth specifically the grounds of complaint. Such notice shall be mailed to the licensee at his or her last known address at least 10 days before the date of revocation. The last known address is deemed to be the address provided to the city by the applicant on the business license unless the applicant thereafter gives the city written notice of a different address.
(Ord. 124 § 1.110, 1994)
Any person aggrieved by the action of the city manager in denying an application for a license as provided under this chapter, or in revoking a license as provided in Section 5.04.110 of this chapter, shall have the right to appeal to the council of the city. The applicant or licensee shall file with the council a written statement setting forth fully the grounds for the appeal within 20 days after the day the notice indicating disapproval or revocation of a license is mailed. The council shall set a time and place for a hearing on the appeal, and notice of the hearing shall be mailed to the applicant or licensee at least 10 days prior to the hearing. The decision and order of the council on such appeal shall be final and conclusive.
(Ord. 124 § 1.120, 1994)
A. 
The following situations are specifically exempt from the requirement of obtaining a business license:
1. 
Wholesalers selling or delivering goods to merchants of the city for the purpose of resale. This exemption pertains only if the wholesaler does not maintain a place of business within the city and also does not engage in retail trade within the city;
2. 
Persons engaged in delivery of goods or services from points outside the city, providing sales contacts and actual sales take place outside the city;
3. 
Newspaper carriers;
4. 
Representative of public utilities;
5. 
Any city, county, state agency, special district, school district or other municipality;
6. 
Garage sales, yard sales and other similar activities. Such exemption shall not apply, however, if either of the following conditions are met:
a. 
More than two such sales take place within any calendar year at the same location,
b. 
The sale has a duration of more than 72 consecutive hours;
7. 
The sale of personal assets such as a personal automobile, residence, appliance or other items, unless such sales are conducted on a regular and continuing basis as described in the preceding subsection (A)(6);
8. 
Any individual who rents or leases one living unit in his or her place of residence is exempt from this chapter provided such place of residence is a single-family dwelling or associated accessory dwelling unit (ADU);
9. 
Any business activity specifically exempt under Oregon state law.
B. 
Other exemptions shall be determined by the city manager on the basis of reasonableness on a case-by-case basis.
(Ord. 124 § 1.130, 1994; Ord. 433 § 1, 2013)
A. 
A violation of this chapter shall constitute a civil violation of the laws of the city and shall be prosecuted by a complaint filed by the city, in the city municipal court or Oregon state court of proper jurisdiction. Any person found to have violated this chapter shall be subject to a civil penalty not to exceed $500 and/or the closing of the business.
B. 
Each violation of a separate provision of this chapter shall constitute a separate offense and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate offense.
C. 
The conviction of any person for violation of this chapter shall not act or relieve such person from the requirement to obtain a business license. The penalties imposed by this section are in addition to and not in-lieu-of any remedies available to the city under other sections of this chapter.
D. 
In the event any provision of this chapter is violated by a firm or corporation, the officer or officers or person or persons responsible for the violation shall be personally subject to the penalties imposed by this section.
(Ord. 124 § 1.140, 1994)