Chapter 5.05 BUSINESS LICENSES

The business license fees imposed by the terms of this chapter are for revenue purposes only. Neither the acceptance of the prescribed fee nor the issuance of the applicable license shall be construed to constitute a regulation of any business activity or a permit to engage in activity otherwise prohibited by law or ordinance, or a waiver of any regulatory licensing requirement imposed by any other ordinance of the city of Brookings (city). [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 1.]

5.05.020 Definitions.

As used in this chapter:

A. “Person” shall be deemed to mean and include any person, firm, partnership, association, joint venture, syndicate, society, or domestic or foreign corporation.

B. “Business” shall mean and include any activity, trade, profession, occupation or pursuit of every kind conducted, operated, engaged or carried on in or with the city of Brookings for gain, profit, livelihood, benefit or any purpose whether or not a profit is actually made, including, but not limited to, those businesses hereinafter identified.

C. “Proprietor” and “employer” shall be deemed to mean and include any person, as herein defined, who is engaged in any “business” as herein defined.

D. The use of any pronoun shall be construed as meaning and including the singular or plural thereof, and the masculine, feminine, and neuter gender, as the case may be. [Ord. 19-O-781 § 2 (Exh. A); Ord. 17-O-769 § 2; Ord. 96-O-518 § 2.]

5.05.030 Employee not deemed in business – Purposes.

No person who is an employee, and whose income is based solely on an hourly, daily, weekly, monthly, or annual wage or salary, shall, for the purposes of this chapter, be deemed a person engaged in business in the city of Brookings. It is declared that the purpose of this chapter is that all license fees levied hereby and hereunder shall be borne by the employer for the privilege of doing business in the city of Brookings; and for providing revenue for municipal purposes generally; and to pay the necessary expenses for carrying out the provisions of this chapter. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 3.]

5.05.040 Agents of nonresident proprietors.

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 license fee therefor and shall be subject to the penalties for failure to pay the same or to comply with the provisions of this chapter to the same extent and with like effect as though such agent or agents were themselves the proprietors of such business. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 4.]

5.05.050 Representations – Advertisements.

Any person representing himself or exhibiting any sign or advertisement to the effect that he is engaged in any of the businesses upon which a license fee is levied by this chapter shall be deemed to be engaged in such business and shall be liable for the payment of the license fee levied hereby or hereunder, and shall be subject to the penalties for failure to pay the same or comply with the provisions of this chapter. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 5.]

5.05.060 Ability to conduct business – License required.

A. No person shall engage in, prosecute, or carry on any business within the corporate boundaries of the city of Brookings unless and until they have first obtained a license therefor and shall have paid to the city the fee required.

B. The issuance of a business license under the provisions of this chapter does not constitute authorization by the city to the licensee to conduct business in any manner in violation of any ordinance or regulation of the city or any rule, regulation, order or law of the state or federal government.

C. A person engaged in business in more than one location, or in more than one business licensed under this chapter, shall make a separate application and pay a separate license fee for each business or location, except as otherwise provided in this chapter. Only one license under this chapter is required for mobile businesses such as housekeeping services, food trucks, and other related businesses that travel throughout the city.

D. Delivery Services. A person who sends goods to a customer in the city is not considered to be doing business in the city based solely on the sending and delivering of the goods into the city. However, a company in the business of picking up and/or delivering goods is subject to the requirements of obtaining a business license.

E. If more than one business is conducted on the same premises, each business must obtain a separate license.

F. A person representing himself or herself, or exhibiting any sign or advertisement that he or she is engaged in a business within the city of which a license fee is levied by this chapter, shall be deemed to be actually engaged in such business and shall be liable for the payment of such license fee and subject to the penalties for failure to comply with the requirements of this chapter.

G. The city may require proof of state registration. An applicant shall possess any county or state license required or shall be awaiting final approval by the county or state, if city approval is a prerequisite, before a city license will be issued.

H. No person shall do business within the city as the employee, agent or representative of another person unless either the principal or the employee, agent or representative has a current, valid city business license for the business, no matter where the principal offices of that business are situated.

I. The issuance of a license does not constitute authorization for the conduct of that business on any public street or right-of-way of the city of Brookings, or other public property, unless specific authority is granted to the business licensee by the governing body or public entity which owns the public property. The city manager shall have authority to grant approval for the conduct of transient business on public property and rights-of-way of the city of Brookings. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 6.]

5.05.070 Exemptions.

A. A business is exempt from the requirements of a business license if exempted by the provisions of any other ordinance of the city, by the constitution and laws of the state or federal government or if exempted by the city manager under the following circumstances.

B. Special Events. An exemption to the business license requirements of this chapter may be granted by the city manager of the city of Brookings to a business which is conducted in the city for a single annual special event only, if the business is not otherwise conducted within the city at any other time. The city manager shall provide notice in advance of the designation of any special event qualifying for this exemption.

C. Garage sales may be conducted without obtaining a business license. However, no household may conduct more than three garage sales in a one-year period, and no sale may last longer than three days.

D. Activities that qualify as hobbies or passive holding of property for investment purposes under the United States Internal Revenue Code.

E. 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, medical care providers, attorneys, accountants, realtors 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.

F. Service businesses operated by those younger than 18, such as lawn-mowing businesses, newspaper delivery or lemonade stands, are not required to have a business license.

G. Religious institutions and governmental agencies are exempt from the requirement to obtain a business license.

H. The following must obtain a business license but are exempt from payment of the license fee:

1. Any business exempt from paying local business license fees or taxes by federal or state constitution or law.

2. Any business exempt from paying property tax.

3. Any entity registered with the Oregon Secretary of State as a not-for-profit corporation. [Ord. 19-O-781 § 2 (Exh. A).]

5.05.080 Fees.

Business license fees shall be established by master fee schedule as provided under Chapter 1.10 BMC, Fees and Charges. Any change in the license fee shall not apply retroactively to a license already in effect. No business license will be issued without the proper license fee (and penalties, if any) being paid in full.

A. Annual Fees. The annual fee for a business license for established businesses shall be determined by the total number of employees reported on State Unemployment Report Form No. 132 by each business. New business licensees who have not yet filed a State Unemployment Report Form No. 132 will estimate the number of employees for the first license year.

B. Temporary 90-Day Business License Fees. Persons doing business within the city of Brookings who are seeking a temporary business license under the guidelines of this chapter shall first file an application with the finance and administration department and pay a fee of one-fourth of the annual business license fee for their type and size of business, or the minimum fee as set forth in the master fee schedule, whichever is greater. Persons holding a temporary business license and who do business within the city beyond the 90-day license period shall be required to pay the full annual regular business license fee.

C. License fees will be nonrefundable. The only exception would be when a new business license application is denied.

D. Nothing contained in this chapter shall vest any right in a license as a contract obligation on the part of the city as to the amount of the fee. The fees provided for in this chapter may be increased or decreased, additional fees may be imposed, and classifications may be changed. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 §§ 7, 8.]

5.05.090 Noncompliance unlawful.

It shall be unlawful for any person to carry on or transact any business as specified in this chapter without first paying to the city of Brookings the license fees herein imposed. Persons operating without a current business license shall be liable to pay a business license fee for their unlicensed work period, plus a $10.00 late fee for each unlicensed month of the work period, in addition to any penalties imposed under BMC 5.05.240. If full payment is not made within 60 days of notice of payment due, the corrective action and possible penalties identified in BMC 5.05.230 and 5.05.240 may be pursued. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 9.]

5.05.100 Regular and temporary license terms.

Annual business licenses are issued for a fiscal year as described in BMC 5.05.110. Temporary licenses, if issued, run for a continuous 90-day period starting the day of the temporary license issuance. There shall be no extension or renewal of a temporary business license during the fiscal year of issuance beyond the 90-day license period. The applicant may apply for another temporary license at least one year after the date of the application for the previous temporary license. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 10.]

5.05.110 License period.

New licenses shall be valid from the date of application to the end of the eleventh month following the date of application and shall be renewable annually in the same month of the following year. The license fee shall not be prorated. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 11.]

5.05.120 Application.

Persons doing business in the city of Brookings shall apply in writing to the finance and administration department, using the forms furnished by the city, for a license to engage in business. When applying for a license, the applicant shall pay the annual license fee as designated and set forth in the annual master fee resolution. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 12.]

5.05.130 Finance and administration department to keep record.

The finance and administration department shall file and keep record of every application for a license made under the provisions of this chapter. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 13.]

5.05.140 Renewal.

A. Before being issued a license renewal, the applicant shall complete a license renewal form provided by the city pursuant to BMC 5.05.120.

B. Applicants who fail to pay the license fee in full or who hold a license certificate that is revoked, expired, or ceased for any reason are required to make a new and initial application.

C. So long as a business has been continually operated without interruption through the end of the licensing year, upon premises for which an original license certificate was issued, persons operating said business may renew a license certificate issued to them before the expiration date of their license. If a license certificate is so renewed, the certificate holder need not make a new license application; however, new applications are necessary if there has been any break in the business or its operation upon the premises during the preceding year or if there have been any changes of circumstances necessitating a correction or amendment to the information above required as it may vary at the time of renewal from that so stated in the prior application.

D. Businesses as outlined in subsection (C) of this section must pay their renewal by the expiration date each year. Failure to make full and proper payment will result in a $10.00 per month late fee. If full and proper payment, including late fees, is not made within 60 days of the license expiration date, the city shall refer the matter of nonpayment to the city attorney for enforcement of remedies under this chapter. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 14.]

5.05.150 Approval, denial, revocation and suspension.

A. Approval of Application. Upon receipt of a completed application and the required fee, the finance and administration department will request review by all city departments for investigation of the application with regard to the requirements of this chapter or with regard to the health, safety and welfare of the customers, business invitees, and citizens of the city of Brookings who may be on or about the business premises. Within 30 days after the receipt of the completed application and required fee, if the application is in order and the issuance of the license is called for under the terms of this chapter, the application shall be accepted and the finance and administration department shall issue a city of Brookings business license. The license certificate is evidence of the applicant’s privilege to conduct business in the city of Brookings in accordance with the terms of this chapter, and the certificate shall bear the printed signature of the mayor and be counter-signed by the city recorder.

If an application is incomplete or when any department review determines that an applicant does not meet the requirements of this chapter for the issuance of a business license in the city of Brookings, the city shall give notice of rejection of the license application to the applicant in writing mailed to the address shown on the application. An incomplete application may be supplemented by additional required information and submitted to the finance and administration department within 10 days of the date of mailing of the notice of application rejection, and such additional information shall be considered as part of the original application. Upon receipt of additional information to supplement an incomplete application, the application shall then be further reviewed by the denying department official and accepted or rejected by the city as provided above within 30 days of receipt of the submittal of additional information.

B. Denial, Suspension, Revocation of Application. The city may deny, suspend or revoke a business license upon finding that:

1. The licensee fails to meet the requirements of, or is doing business in violation of, federal, state or local laws;

2. The applicant has provided false or misleading material information, or has omitted disclosure of a material fact on the application, related materials, or license;

3. The applicant’s past or present violation of law presents a reasonable doubt about his or her ability to perform the licensed activity without endangering property or the public health or safety;

4. The information supplied for the review does not indicate that the applicant has the special knowledge or skill required to perform the licensed activity; or

5. The licensed activity would endanger property or the public health or safety.

C. Notice. The city shall provide written notice to the applicant or licensee of the denial, suspension or revocation. The notice shall state the reason for the action taken and shall inform the applicant or licensee of the right to appeal under this section. The notice shall be given at least 15 days before the suspension or revocation becomes effective. If the violation ends within the 15 days, the city may discontinue the suspension or revocation proceedings.

D. Reapplication. A person whose application for a business license has been denied, suspended or revoked may, after 90 days from the date of the denial, suspension or revocation, apply for a license or reinstatement upon payment of the application fee and submission of an application form and related documents.

E. Disqualification. A person whose application for any business license has been denied or whose license has been revoked for a total of two times within one year, or who has a total of four denials, suspensions or revocations, shall be disqualified from applying for a license or reinstatement for a period of two years from the date of the denial, suspension or revocation.

F. Summary Suspension. Upon determining that a licensed activity presents an immediate danger to persons or property, the city may summarily suspend the license for the activity. The suspension takes effect immediately upon notice of the suspension being received by the licensee, or being delivered to the licensee’s business address as stated on the licensee’s application for the license being suspended. Such a notice shall state the reason for the suspension and inform the licensee of the provisions for appeal under this section. Within 15 days of the summary suspension the city council shall review the pertinent facts which resulted in the suspension and shall determine whether said facts deem it necessary to continue the suspension in order to protect the health, safety and welfare of the citizens of the city, or to otherwise ensure that the requirements of this chapter are complied with. The city council may continue a suspension as long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made under this section.

G. Appeal to City Council. If an application is rejected by city, the applicant may appeal the decision of the city to the city council by filing a written notice of appeal with the city recorder not later than 10 days after the date of mailing of the application rejection notice. The written request for appeal shall recite the facts or circumstances upon which the appeal is based. At its next applicable council meeting, the city council shall hear the appeal of the applicant to the city’s rejection of the business license application. Upon hearing the appeal, the council may affirm, modify or reverse the decision and shall enter an order upon the minutes of the meeting in accordance with its decision. If the decision of the city is reversed, the finance and administration department shall issue a license certificate to the applicant within five working days after the date the order is entered on the minutes. In the event the city council affirms the decision of the city, the minute order shall stand as the final decision of the city on the applicant’s request for a business license in accordance with the terms of the application received. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 15.]

5.05.160 Council to prescribe form of certificate.

The form and wording of the license certificate to be issued by the city shall be prescribed by the city council; and it shall specify the name of the licensee, the type of business licensed, the location of said business, and the amount of license fee paid. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 16.]

5.05.170 Investigation of business.

The public safety director and his subordinate police officers are hereby directed and empowered to investigate and examine all places of business in the city of Brookings at any and all reasonable times for the purpose of determining whether or not such business is being conducted in accordance with the terms of this chapter. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 17.]

5.05.180 Nontransferable – Exception.

No transfer or assignment of any license issued hereunder shall be valid or permitted; except that whenever any person shall sell or transfer the whole of a business for which such license has been issued, the vendee thereof shall, unless otherwise provided by ordinance, be allowed to engage in said business under the vendor’s license for the balance of the license year for which the vendor’s license was issued. The vendee will be required to pay an additional fee if the business entity will employ more persons than the prior business entity did in the same business. The new owner of the business must complete a business license application.

Businesses changing physical location or business name shall notify the city of the change and be allowed to engage in said business for the balance of the license year. The licensee must pay fees for any new permits, such as home occupation permit, required as a result of change of physical location. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 18.]

5.05.190 License not vested right.

Nothing in this chapter contained shall be construed as vesting in the license any contract right, or creating any contract obligation on the part of the city as to the amount of the license fee, or as to the character of the license issued hereunder; but, on the contrary, it shall be construed as reserving to the city the right to increase or decrease at any time any license fee prescribed herein and to change the character of the license and term thereof. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 19.]

5.05.200 Fees are additional revenue.

The license fees fixed by and collected, or to be collected, under this chapter shall be in addition to the general ad valorem taxes now or hereafter levied pursuant to law, and also in addition to any and all license fees prescribed by other ordinances pertaining to or regulating specific businesses, occupations, amusements, utilities, trades, and other pursuits for gain. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 20.]

5.05.210 Combination of certain businesses.

The conduct of a business or businesses at two or more separate and distinct locations within the city of Brookings shall, for the purposes of this chapter, be deemed to be a separate business or businesses; and each business shall be subject to the license fee herein provided for. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 21.]

5.05.220 Certificate to be displayed.

Every person who has obtained a license as required by this chapter for the privilege of doing business in the city of Brookings shall display the license certificate issued to him in a conspicuous place in or upon the premises where said business is conducted, except in the case of contractors, subcontractors, cleaning and dyeing solicitors, wholesale delivery trucks, peddlers, and solicitors. In the case of contractors and subcontractors, said license certificate shall be conspicuously displayed at their principal places of business in the city of Brookings; and in the case of cleaning and dyeing solicitors, wholesale delivery trucks, peddlers, and solicitors, said license certificate shall be carried on the person of the licensee or conspicuously displayed in or upon any vehicle used in the conducting of such business. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 22.]

5.05.230 Concurrent cause of suit.

In addition to the penalty provided in BMC 5.05.240, and as separate and concurrent causes of action or suit, the city of Brookings may, in any court of competent jurisdiction, sue any person who has or is engaged in business in the city of Brookings without having complied with this chapter, for the amount of license fee payable hereunder; and also the city may in the same or a separate suit seek an injunction prohibiting such person from engaging in such business in the city of Brookings in violation of this chapter; and in any such action or suit the city shall, if it prevails, recover in addition to its costs and disbursements a reasonable attorney’s fee to be set by the court. [Ord. 19-O-781 § 2 (Exh. A); Ord. 96-O-518 § 23.]

5.05.240 Penalties and violations.

Any person or persons, association of persons, firm, corporation, or any agent or representative thereof who shall engage in or carry on a business within the corporate limits of the city of Brookings, without having first applied for a license, paid the fee therefor, and obtained a license certificate in accordance with the provisions of this chapter, shall be deemed in violation of this chapter and shall, upon conviction thereof, be punishable pursuant to Chapter 1.05 BMC, General Penalty, and no license shall be issued to any person convicted hereunder until the full amount of any fine imposed hereunder shall have been first paid. Each business day during which any business activity continues to be conducted in violation of this chapter shall be deemed a separate offense.

A. Violation of any provision of this chapter is punishable pursuant to Chapter 1.05 BMC, General Penalty.

B. Inspection and Right of Entry. Whenever they shall have cause to suspect a violation of any provisions of this chapter, or when necessary to investigate an application to, or revocation of, a license under any of the procedures prescribed in this chapter, officials for the enforcement or administration of this chapter, or their duly authorized representatives, may enter on any site, or into any structure, for the purpose of investigation providing they do so in a reasonable manner. If an owner or occupant denies access for an inspection, the city will seek a warrant. No secured building shall be entered without the consent of the owner or occupant unless under authority of a lawful warrant.

C. Abatement. Any business which is established, operated, moved, altered, enlarged or maintained contrary to the licensing requirements shall be, and is hereby declared to be, unlawful and a public nuisance, and may be abated as such.

D. Legal Proceedings by City Attorney. In addition to the enforcement provisions of this chapter, upon request by the city council, the city attorney may institute any additional proceedings, including, but not limited to, seeking injunctive relief to enforce the provisions of this chapter. [Ord. 19-O-781 § 2 (Exh. A); Ord. 16-O-757 § 3; Ord. 96-O-518 § 24.]

5.05.250 Severability clause.

A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, section or part of this chapter shall not affect the validity of the remaining parts to this chapter. [Ord. 19-O-781 § 2 (Exh. A).]

5.05.260 Savings clause.

A prosecution that is pending on the effective date of the ordinance codified in this chapter and arose from a violation of an ordinance repealed by the ordinance codified in this chapter, or a prosecution started within one year after the effective date of the ordinance codified in this chapter arising from a violation of an ordinance repealed by the ordinance codified in this chapter, shall be tried and determined exactly as if the ordinance had not been repealed. [Ord. 19-O-781 § 2 (Exh. A).]