"Business"
means all services, manufacturers, processors, trades, retail
and wholesale shops and any and all occupations carried on in the
City of Warrenton for the purpose of profit or not for profit.
"Person"
means all domestic and foreign corporations, associations,
syndicates, partnerships of any kind, joint ventures, societies and
individuals transacting and carrying on business in the City of Warrenton.
(Ord. 857-A § 1, 1989; Ord. 1239 § 2, 2020)
A. No person
whose income is based solely on an hourly, daily, weekly, monthly
or annual wages or salary shall, for the purpose of this chapter,
be deemed a person transacting or carrying on any business in said
City. It is the intention that all license fees herein shall be borne
by the employer of the person for the privilege of doing business
in the City of Warrenton.
B. Nothing
in this chapter shall be construed to apply to any person transacting
and carrying on any business within the City which is exempt from
such license fee or regulation of the City by virtue of either the
Constitution or laws of either the United States of America or State
of Oregon.
C. A non-profit
operating with a 501(c)(3) shall not be required to submit a license
application fee.
D. Vendors
attending a City Sponsored event are not required to apply for a business
license, if that is the only time they are conducting business within
the City.
(Ord. 857-A § 2, 1989; Ord. 1239 § 2, 2020)
It is necessary to levy license fees through this chapter in
order to provide revenue for the primary purpose of enhancing the
economy and livability, including the following:
A. Providing
funding for blight and nuisance abatement per City Policy, including
property improvement projects that will increase property values or
visibility for businesses.
B. Provide
grants to the local Main Street Program or equivalent organization,
and grants to nonprofits whose efforts improve the economic value
or viability of businesses or business districts as deemed appropriate
by the City Commission.
C. Funding
for projects, or events that will enhance the livability or economic
vitality of the City.
1. Examples
include events that celebrate national, state or local holidays; festivals;
public movies or games; and other events and activities that promote
livability and/or economic activity.
a. All events receiving City funds must be open to the public.
D. Beautification
of the City.
E. Assist
with the funding of public safety programs or the purchases of public
safety equipment.
F. Other tasks, projects, or functions recommended and approved by the City Commission, that are consistent with Section
5.04.040.
(Ord. 857-A § 3, 1989; Ord. 1239 § 2, 2020)
It is the policy of the City of Warrenton to prioritize funding
for projects that will have the greatest impact to residents and businesses
within the City. Business license funds should not be used to contribute
to nonprofits or agencies dedicated to goals other than business promotion
or adopted goals of the City. It is also the policy of the City Commission
to dedicate a portion of license revenues every year for the continuation
of the annual 4th of July Parade, at least one festival event, and
winter holiday decorations.
(Ord. 1239 § 2, 2020)
Business license funds shall not be used to:
A. Duplicate
the work of entities which receive City transient lodging tax funds
for the primary purposes of tourism promotion.
B. Perpetually
fund events, festivals, service programs that are not primarily controlled
by the City or its designee.
1. E.g.
The City may designate a nonprofit or contractor to organize an event
like the 4th of July Parade, this may be perpetually funded for as
long as that nonprofit or contractor is designated by the City to
control that event.
C. Fund
governmental entities other than the City, unless it is to cover a
fee or other cost associated with a City led or funded project, program
or event.
D. Be used
as a grant program to fund charitable organizations that support another
governmental agency's major function.
E. Provide
block grants to nonprofits or social service agencies not directly
relating to business development, City supported or sponsored events.
F. Fund
programs or events based and/or held outside of the city limits.
(Ord. 1239 § 2, 2020)
A. No person
may engage in, prosecute or carry on any business without first completing
a business license application and paying the required license fee.
B. The
agent or agents of a nonresident proprietor engaged in any business
for which a license is required by this chapter shall be liable for
the payment of the fee thereon, as herein provided, and for the penalties
for failure to pay the same, or to comply with the provisions of this
chapter to the extent and with like effect as if such agent or agents
were themselves the proprietor thereof, resident or nonresident.
C. A person
representing or exhibiting a sign or advertisement that such person
or business is engaged in any operation for which payment is required
by this chapter is deemed to be engaged in such business and shall
pay such license fee as required by this chapter.
D. Any
person engaged in operating or carrying on more than one business
in the City of Warrenton shall pay the license fee prescribed for
each business location operated by such person. Only one license is
required for vending machine type businesses.
E. Those
persons whose physical plants or facilities are located outside of
the City, but whose business requires use of the City's streets of
services, and whose services or materials are rendered or delivered
within the City, are required to file an application and pay the appropriate
license fee.
(Ord. 857-A § 5, 1989; Ord. 1239 § 2, 2020)
A. The
levy or collection of a license fee upon any business shall not be
construed to be a license or permit of the City of Warrenton to the
person engaged therein to so engage in the event such business shall
be unlawful, illegal or prohibited by the laws of the State of Oregon
or the United States, or by the ordinances of the City of Warrenton.
B. Nothing
in this chapter shall be constructed as vesting any right in a person
engaged in any business required to have a license under this chapter,
either by granting the license or under a contract obligation on the
part of the City for the amount or character of the license fee. Such
a fee may be increased or decreased at any time.
(Ord. 857-A § 6, 1989; Ord. 1239 § 2, 2020)
A. The
tax year for which the license fees shall be charged hereunder shall
commence with the 1st day of July each year and terminate with the
close of the business day on the 30th of June of each year. If the
applicant applies for a new business license after the 1st of January,
the fee shall be 50% of the annual rate.
B. All
license fees and accompanying application or renewal form shall be
due and payable on the 1st day of July each year.
C. If the
license fee is not paid prior to the 31st of July or the nearest working
day thereto in the respective year, the license fee will be delinquent
and the penalties and rights given by the City of Warrenton under
this chapter may be imposed as hereinafter set forth.
(Ord. 857-A § 7, 1989; Ord. 1239 § 2, 2020)
A. It is
unlawful for any person to operate or transact any business as specified
by this chapter without first paying the City of Warrenton in advance
such license fee as is imposed by this chapter.
B. No transfer
or assignment of any license issued under this chapter is valid.
C. Whenever
a person sells or transfers, a business, the new owner must submit
a new application and pay the applicable fee.
D. If a
question arises between the applicant for a license and the City Auditor,
or designate, as to classification, fee or other, the same may be
referred to the City Commission for its determination.
E. It is
unlawful for any person to willfully make any false or misleading
statement to the auditor or his or her designate, in the application
for the purpose of determining the amount of license fee herein provided
to be paid by any such person, or to fail or refuse to comply with
those provisions of this chapter required to be so complied with or
observed, or to fail or refuse to pay, before the same shall be delinquent,
any license fee or penalty hereby required to be paid by such person.
F. A license
issued under this chapter shall be available at all times for inspection
at the location of said business. The police chief and officers are
directed to examine all places of business subject to this chapter
at any reasonable time for the purpose of determining whether or not
such business is complying with this chapter.
(Ord. 857-A §§ 8,
12 1989; Ord. 1239 § 2,
2020)
All fees and classifications will be designated by resolution
and approved by the Warrenton City Commission.
(Ord. 857-A § 9, 1989; Ord. 1239 § 2, 2020)
Prior to the date due, a person transacting or engaged in a
business shall apply for a license and on a form provided by the City.
(Ord. 1239 § 2, 2020)
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, in the municipal court of the City of Warrenton,
be punished by a fine not to exceed $1000.00.
(Ord. 857-A § 13, 1989; Ord. 1239 § 2, 2020)
A. In addition
to the penalties provided herein and as separate and district remedies,
the City may, in any court of competent jurisdiction, sue to obtain
a judgment and enforce collection thereof by execution for any fee
due under this chapter.
B. The
City may seek an injunction prohibiting a person from engaging in
any business.
C. In any
action or suit authorized by this section, the City, if it prevails,
shall recover reasonable attorneys' fees, in addition to the City's
costs and disbursements.
(Ord. 857-A § 14, 1989; Ord. 1239 § 2, 2020)