Chapter 5.05
BUSINESS LICENSE PROGRAM
Sections:
5.05.060 Duration and transfer of license.
5.05.070 Submission requirements.
5.05.090 Examination of business premises.
5.05.110 Compliance with laws.
5.05.120 Revocation of license.
5.05.130 Violation and civil penalties.
Prior legislation: Ords. 845, 848 and 892.
5.05.010 Purpose.
1. The purpose of this chapter is to develop a database of businesses to allow the City to provide services efficiently and to ensure the peace and safety of its residents. The business database also provides useful economic development information.
2. The business license fee required by this chapter is in addition to all other taxes and fees. [Ord. 948 § 1, 2016; Ord. 796 § 1, 2002.]
5.05.020 Definitions.
“Business” means an organization or individual, other than as an employee, engaged in commercial, industrial, or professional activities, including but not limited to the rental of commercial or residential property, and those working as independent contractors.
“Commercial” means providing goods, services or a combination of goods and services for payment.
“Industrial” means activities involving the processing of raw materials and manufacture of goods. [Ord. 948 § 1, 2016; Ord. 796 § 2, 2002.]
5.05.030 License requirement.
1. Except as exempted under HMC 5.05.040, businesses engaging in activity in the City must be licensed with the City.
2. The following are licensing requirements:
a. Any business that conducts business activities in the City, and operates from a physical location in the City, is subject to this chapter.
b. Electronic businesses, including Internet businesses, with a physical location in the City shall be licensed.
c. If more than one business is conducted on the same premises, each business shall be licensed separately.
d. A single business operation that occupies more than one building may obtain a single license. The application and license shall list all buildings and activities carried on in each building. [Ord. 948 § 1, 2016.]
5.05.040 Exemptions.
1. The following are exempt from licensing:
a. A service business operated by a person under the age of 18, such as a lawn mowing business, newspaper delivery, lemonade stands, and the like.
b. Individuals who work only on the premises of, and as part of, a licensed business that includes the activity of the individual. Examples include barbers, beauticians, and others who perform services as part of the overall licensed business. This exemption does not apply if the overall business operation has not obtained a business license.
c. Persons selling goods or services exclusively during a permitted public event activity where the sponsor of the event has obtained a public event permit.
d. Activities that qualify as hobbies or passive holding of property for investment purposes under the U.S. Internal Revenue Code.
e. A person or business who sends goods to a customer in the City is not considered to be doing business in the City based solely on the sending or delivering of the goods into the City.
f. Individuals who sell used household goods and live at the premises of the sale, so long as the sale is conducted no more than six days in any one-year period.
2. The following shall be licensed but are exempt from payment of the licensing fee:
a. Any business exempted from paying local business license fees or taxes by Federal or State constitution or law.
b. Any business exempt from paying property tax.
c. Any entity registered with the Oregon Secretary of State as a not-for-profit corporation.
d. Businesses operating under a franchise granted by the City. [Ord. 948 § 1, 2016.]
5.05.050 License fee.
A fee, in the amount established by Council resolution, shall be submitted at the time of application for a license. [Ord. 948 § 1, 2016.]
5.05.060 Duration and transfer of license.
1. All licenses shall be valid from the date of issuance to the end calendar year in which it was issued, and may be renewed annually.
a. Licenses submitted on or after July 1st shall be prorated to one-half the annual fee.
b. Licenses submitted on or after November 1st shall not be prorated, and will be valid from the date of issuance to the end of the calendar year following the date of submission.
2. If ownership of a business is transferred during the year, or the business changes its physical location or business name, a new business license form and transfer fee shall be provided to the City. [Ord. 948 § 1, 2016.]
5.05.070 Submission requirements.
Each person wishing to engage in business shall submit a business license form to the City accompanied by payment of the license fee in an amount set by Council resolution. The City shall treat information other than the name, type and location of the business as confidential to the extent permitted by State public records law, but may use the information in connection with the provision of City services. The license application shall contain:
1. A description of the nature of the business.
2. The date that business operations commenced or will commence.
3. The name, address and contact information of the business.
4. All addresses in the City where the business will be located.
5. The date of application.
6. A statement of the estimated number of full-time, part-time or seasonal employees of the business, or the number of rental units.
7. Emergency contact information.
8. Any other information relevant to the type and location of the business the City determines that the application should contain.
9. The signature of an authorized representative. [Ord. 948 § 1, 2016.]
5.05.080 License issuance.
Upon receipt of an application for a business license, the City Administrator or designee shall determine if the application is consistent with the requirements of this chapter. A decision regarding the license shall be made and communicated to the applicant not more than 10 business days following the submittal of the application. [Ord. 948 § 1, 2016.]
5.05.090 Examination of business premises.
The City Administrator or designee is hereby 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, building or location of business is safe, sanitary and suitable for the business so licensed or for which the application for license is made. The City Administrator shall examine such findings and may, based on the findings, revoke or refuse to issue a license. [Ord. 948 § 1, 2016; Ord. 796 § 9, 2002.]
5.05.100 Renewal.
Licenses shall be renewed prior to January 1st of each year. [Ord. 948 § 1, 2016.]
5.05.110 Compliance with laws.
All businesses shall comply with all City, State and Federal laws, and the issuance of a City business license does not authorize a business to operate in violation of any other laws. [Ord. 948 § 1, 2016.]
5.05.120 Revocation of license.
The City Administrator, or designee, shall have the right to revoke any license in case the holder thereof shall be guilty of any violation of any provisions of this chapter, or any other ordinances of the City of Harrisburg, or of any of the provisions of the laws of the State of Oregon or the United States, and shall have the right to refuse the granting of any license to any person who has heretofore or before the issuance of such license been found guilty of any such violation. [Ord. 948 § 1, 2016; Ord. 906 § 1, 2012; Ord. 796 § 11, 2002. Formerly 5.05.110]
5.05.130 Violation and civil penalties.
1. A violation of any provision of this chapter, or knowingly submitting false information on a business license application, is punishable by a fine not to exceed $200.00 per day. When convicted of a violation of this chapter, no license shall be granted to the business until all assessed fees and imposed fines have been paid in full.
2. A business that fails to renew a license on or after February 1st shall be assessed a recurring monthly delinquent charge in an amount set by Council resolution, up to a maximum delinquent charge of 100 percent of the license fee. [Ord. 948 § 1, 2016; Ord. 920 § 1 (Exh. A), 2014; Ord. 796 § 12, 2002. Formerly 5.05.120]
5.05.140 Severability.
If any provision, section, sentence or phrase of this chapter shall for any reason be adjudged or declared by any court of competent jurisdiction to be unconstitutional or invalid, such judgment or decision shall not affect the validity of the remaining portions of this chapter. [Ord. 948 § 1, 2016; Ord. 796 § 14, 2002.]