Chapter 5.05


5.05.010    Definitions.

5.05.020    Purpose.

5.05.030    Nonprofit organizations.

5.05.040    Agents of proprietors.

5.05.050    License required.

5.05.060    Duration of license.

5.05.070    License fees.

5.05.080    License application.

5.05.090    Unlawful acts.

5.05.100    Delinquent license fees.

5.05.110    Fee amounts.

5.05.120    Violations.

5.05.130    Revocation of license.

5.05.140    Suspension of license.

5.05.150    Appeal.

5.05.160    Penalties.

5.05.010 Definitions.

For the purpose of licensing businesses in the city of Coos Bay, Oregon, the following definitions apply:

“Amusement device” means any game, device, or machine kept, operated, or played in any place of business or other place where the public is invited or permitted to attend and which may be played by the insertion of coins.

“Application” means a new application, a renewal of an application, or a transfer of license application.

“Auctioneer” means any person who sells or offers to sell merchandise by public outcry or to the highest bidder, either for himself or for another person.

“Business” means professions, trades, occupations, shops, and every kind of calling carried on for profit or livelihood.

“Child care provider” means a person who regularly provides child care to five or more children at a time as a business.

“Exhibition” means the display of goods or materials for which an admission fee is charged.

“Flea market” means all general sales, open to the public, conducted in any commercial zone within the city, for the purpose of disposing of personal property. These general sales include, but are not limited to, sales entitled “flea markets,” “bazaars,” and “rummage sales.” “Flea market” also includes situations where booths, tables, or spaces are sold or rented for the purpose of conducting sales of personal property. For the purpose of the definition of “flea market,” personal property means property which is owned by the individual conducting the sale, is purchased for resale, or is obtained on consignment.

“Garage sale” means any public sale of new or used goods within the city limits by an individual or group of individuals from private property when the individual or group of individuals is not in the business of selling goods or is not licensed as a secondhand dealer, and when the property from which the sale is to be conducted is not within a zone permitting commercial business or otherwise permitted under the provisions of this chapter.

“General contractor” means businesses registered by the State Construction Contractors Board as general contractor – all structures or residential only.

“Limited contractor” means businesses registered by the State Construction Contractors Board as limited contractor – all structures or residential only.

“Nonprofit” means any business or organization which holds a certificate of exemption from taxes from the Internal Revenue Service.

“Person” means all domestic and foreign corporations, associations, syndicates, partnerships of every kind, joint ventures, societies, and individuals transacting and carrying on any business in the city.

“Real estate business” means any enterprise or undertaking of any nature that deals directly or indirectly with any interest in land, including, but not limited to, leaseholds of any nature involving property located within the jurisdiction of the city of Coos Bay.

“Seasonal business” means Christmas tree lots, firework stands, or any other special seasonal business operating not less than 30 consecutive days in the same location.

“Special contractor” means business registered by the State Construction Contractors Board as specialty contractor – all structures or residential only.

“Transient business” means a business that operates from various city-owned properties and city rights-of-way and has no fixed permanent location from which the business is conducted, and which shall not remain on public property at any one location in the city, for more than the time specific on any single day. The business is permanently affixed to wheels and must be removed each day.

“Transient merchant” means any person, firm, or corporation selling or offering to sell, other than at auction, any merchandise in any building, store, room, or place of business occupied by the person, firm, or corporation within the city with the intention of doing so for a short period of time and without the intention of permanently doing so in the regular course of business, except for seasonal businesses.

“Vending machine” means any machine from which food, drink, or cigarettes are received in return for the insertion of coins. [Ord. 451 § 1, 2013; Ord. 425 § 1, 2010; Ord. 197 § 1, 1993; Ord. 103 § 1, 1987].

5.05.020 Purpose.

This chapter is enacted to provide revenue to pay for the expenses required to issue licenses, to provide revenue to pay for municipal services to businesses, and to regulate businesses. [Ord. 103 § 2, 1987].

5.05.030 Nonprofit organizations.

All nonprofit organizations doing business in the city shall register with the city by filling out a business license application. Upon receipt of a completed application, which may include a requirement of proof of the organization’s nonprofit, tax-exempt status, the finance department shall issue a business license, which shall be issued without charge. [Ord. 287 § 1, 1999; Ord. 103 § 3, 1987].

5.05.040 Agents of proprietors.

(1) The owner of property who contracts with a third party to manage such property for purposes of leasing and/or renting the property shall be assessed a business license fee pursuant to resolution of the city council under the heading within such resolution of “Residential, Commercial and Industrial Leaseholds and Tenancies.” The license fee for the third party agent/manager shall be assessed pursuant to such resolution, under the heading “General Retail and Service Businesses.”

(2) The agent or agents of a nonresident proprietor engaged in any business for which a license is required by this chapter shall be jointly liable with the proprietor for the payment of fees established by the council, and for the penalties for failure to pay the fees or to comply with the provisions of this chapter. [Ord. 425 § 2, 2010; Ord. 103 § 4, 1987].

5.05.050 License required.

It shall be unlawful for any person to transact or carry on or cause to be transacted or carried on any business without having first obtained a license therefor from the city recorder for the current calendar year. [Ord. 103 § 5, 1987].

5.05.060 Duration of license.

All business licenses under this chapter are annual and shall expire on December 31st. The required application and license fee are due on January 1st of each year for the calendar year commencing with that date and are delinquent on February 1st. [Ord. 103 § 6, 1987].

5.05.070 License fees.

(1) All trades, shops, businesses, occupations, professions, and callings carried on in the city and not licensed and taxed by other provisions of this chapter or other ordinances of the city shall be licensed and the amount to be paid as license fees shall be established by resolution of the council.

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

(3) A license fee is not delinquent until after the applicant has commenced operation of his trade, shop, business, occupation, profession or calling within the city during the calendar year without paying the required license fee.

(4) When an applicant for a business license has not engaged in business during the calendar year until after June 30th, the required fee for the license shall be reduced by one-half. If the applicant had engaged in the same or similar business during the previous calendar year, there will be no reduction in the required fee.

(5) Where the applicant for a business license is operating more than one trade, shop, business, occupation, profession or calling, they must be separately licensed, but the applicant need pay only the one license fee which would be the highest fee. [Ord. 103 § 7, 1987].

5.05.080 License application.

(1) All business licenses required under this chapter or any other ordinance shall be issued by the recorder. The application for any license shall contain the following information:

(a) The description of the business carried on within the city.

(b) The name of the applicant with a statement of all persons having an interest in the business either as proprietors or owners of the business.

(c) The location in which the business is conducted.

(d) Upon request of the city recorder, any applicant shall provide proof of possession of any licenses, certificates, or registrations that are required by state or federal laws to conduct the type of business listed on the application. Failure to provide such proof shall be cause of denial or revocation of the license.

(e) The date of application.

(f) The average number of persons regularly employed by the business at the time the application for license is made. When practicable, this average shall be computed by adding all regular employees listed on the business’s Social Security reports during the year and dividing this total by the number of reports.

(g) The amount of money tendered with the application.

(h) Any other information necessary to enable the city to review the application under subsection (2) of this section and to determine the appropriate fee as established by resolution of the council.

(2) The recorder shall refer each application to the appropriate departments of the city for review. Approval or denial of the application shall be based on consideration of all available evidence as to whether the proposed business will meet the requirements of the City Charter and ordinances. The license shall not be granted if:

(a) The activity or device to be licensed would not comply with city ordinances or state or federal laws (unless the business is a state registered and/or licensed medical or recreational business that is in compliance with local land use ordinances, despite federal law prohibiting the use and sale of marijuana).

(b) The licensed activity or device would endanger property or the public’s health or safety.

(c) The applicant’s violation of law or ordinance represents a reasonable doubt about the applicant’s ability to perform the licensed activity without endangering property or the public’s health or safety.

(d) The applicant fails to supply the information required, or submits misleading or false information, or submitted misleading or false information on a previous application.

(e) The premises to be used by the business do not fully comply with all city ordinances and requirements.

(3) In the event of the transfer of any business, the license shall be transferred using a form provided by the recorder, signed by the person making the transfer, and accompanied by a transfer fee established by resolution of the council.

(4) Upon a favorable recommendation from each department, the recorder shall issue the license. If any department determines that the application should be denied, the recorder shall notify the applicant of the denial and the reasons for the denial. [Ord. 482, 2016; Ord. 461 § 1, 2014; Ord. 214, 1995; Ord. 103 § 8, 1987].

5.05.090 Unlawful acts.

It is unlawful for any person to willfully make false or misleading statements to the city recorder for the purpose of determining the amount of a license fee, or to fail to comply with any of the provisions of this chapter, or to fail to pay any required license fee or penalty. [Ord. 103 § 9, 1987].

5.05.100 Delinquent license fees.

In the event that any person required to obtain a license fails to obtain the license or pay the required fee before it becomes delinquent, the recorder shall collect the fee payment with a penalty of 10 percent of the fee payment for each calendar month, or fraction of a month, that the fee payment is delinquent. [Ord. 103 § 10, 1987].

5.05.110 Fee amounts.

Nothing contained in this chapter may be construed as vesting any right in a license or a contract obligation on the part of the city as to the amount of the fee. Other taxes or fees and the fees provided by council resolution may be increased, decreased, or created by the city. Any business may be reclassified at any time and other fees or taxes may be levied. No person who has received a license and has paid the fee required under this chapter shall be entitled to any refund. [Ord. 103 § 11, 1987].

5.05.120 Violations.

The conviction of a person for violation of any provision of this chapter may not serve to relieve the person from paying the fee or penalty for which the person is liable. The payment of any fee may not bar or prevent legal prosecution of a complaint for the violation of any provision of this chapter. [Ord. 103 § 12, 1987].

5.05.130 Revocation of license.

Upon determination that a licensed business, activity, or device within the city violated city ordinances or state or federal laws, or that the application contains false or misleading information, the city recorder may revoke the license upon 30 days’ notice in writing to the licensee, with the notice delivered to the licensee’s establishment, or the licensee’s business address. The notice shall state the reasons for the revocation. [Ord. 103 § 13, 1987].

5.05.140 Suspension of license.

Upon determining that a licensed business, activity, or device presents an immediate danger to persons or property, the recorder may suspend the license. The suspension takes effect upon the licensee’s receipt of the suspension notice, or upon delivery of the notice to the establishment or the licensee’s business address. The notice shall state the reason for the suspension. The recorder may continue a suspension as long as the reason for the suspensions exists, or until a determination on an appeal regarding the suspension is made. [Ord. 103 § 14, 1987].

5.05.150 Appeal.

(1) Any person whose application for a license has been denied, or a licensee whose license has been denied renewal, has been suspended or has been revoked, may, within 30 days after the notice of denial, suspension, or revocation is mailed, appeal to the council. The appeal shall be in writing and filed with the recorder. The appeal shall state:

(a) The name and address of the appellant.

(b) The nature of the determination being appealed.

(c) The reason the determination is incorrect.

(d) What the correct determination of the appeal should be.

(2) An appellant who fails to file a statement within the time permitted waives all objections, and relinquishes all rights to appeal. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. At the hearing, the appellant may present testimony and oral argument. The decision of the council is final. [Ord. 214, 1995; Ord. 103 § 15, 1987].

5.05.160 Penalties.

Violation of, or failure to comply with, any provision of this chapter is punishable upon conviction by a fine not to exceed $500.00. [Ord. 103 § 16, 1987].