Article I.

Chapter 5.05
BUSINESS LICENSES

Sections:

5.05.010    Purpose and scope.

5.05.020    Definitions.

5.05.030    License and payment required.

5.05.040    License year.

5.05.050    License fee.

5.05.060    Businesses not operating from a facility within the city.

5.05.070    Application procedure – License transfer.

5.05.080    Falsifying application information – Penalty for delinquent filing.

5.05.082    Posting license.

5.05.090    Attorneys’ fees.

5.05.100    Violation does not exempt payment of fee.

5.05.110    Failure to obtain license.

5.05.010 Purpose and scope.

A. The license fees authorized by this chapter shall be independent and separate from any license or permit fees now or hereafter required of any person to engage in any business by Fairview or other governmental or regulatory body. All such businesses remain subject to the regulatory provisions of any city ordinances or other regulations now or hereafter in effect, and the business engaged therein is liable to the payment of any license or other fees therein established or authorized.

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 taxation or regulation by virtue of the Constitutions or laws either of the United States or Oregon.

C. The levy or collection of a license fee upon any business shall not be construed to be a license or permit to the person or business engaged therein to engage in activity or business to the extent it is deemed to be unlawful, by the laws of the state of Oregon, the United States or the city. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.020 Definitions.

A. As used in this chapter:

1. “Business” means profession, trade, occupation, and every other kind of calling carried on for profit or livelihood.

2. “Employee” means any person working for, within or under the auspices of a business, other than a bona fide independent contractor or leased employee, including common law and statutory wage earning, commission and salaried employees; executive and common employees, agents; sales representatives; sole proprietors; partners; corporate officers and any and all persons associated directly with the business, whether full or part time.

3. “Exemption certificate” means the document issued by the city in lieu of a business license to businesses, occupations and activities qualifying under the provisions of FMC 5.05.030.

4. “License” or “business license” means the document issued by the city granting the privilege to carry on a particular business or pursue a certain occupation within the city.

5. “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.

6. “Transfer” means to transfer the name or ownership of a business, but does not include a change in business location.

B. No person whose income is based solely on an hourly, daily, weekly, monthly or annual wage or salary shall, for the purpose of this chapter, be deemed a “person transacting and carrying on any business in the city.”

C. Notwithstanding the provisions of subsection B of this section, the agent or agents of a nonresident person engaged in a business for which a license is required shall be liable for the payment of the license fee on the business and for the penalties for failure to pay the fee or to comply with the provisions of this chapter to the same extent and with the like effect as if such agent or agents were themselves persons engaged in business for which a license is required. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.030 License and payment required.

A. No person shall engage in any business within the city, or transact any business specified in this chapter, without first obtaining a license and paying the license fee prescribed unless otherwise exempt under this chapter.

B. Each business location of every business within the city of Fairview is required to obtain a business license.

C. No business license shall be issued to any person to engage in a business that does not comply with Chapter 9.21 FMC and Ordinance 10-2014.

D. In lieu of the business license fee described in this chapter, an exemption certificate shall be issued without charge to the businesses and activities described below. All exempt businesses or activities must complete and file an annual renewal exemption certificate application with the city. Businesses and activities qualified under this provision include:

1. Religious, educational and charitable organizations specifically exempt from taxation under the Federal Internal Revenue Code;

2. Businesses franchised by and paying a franchise fee to the city;

3. Businesses otherwise exempt from the payment of municipal license fees pursuant to Oregon or federal law. (Ord. 10-2014 § 7 (Exh. A); Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.040 License year.

A. For businesses licensed before the effective date of the ordinance codified in this chapter, the license year shall commence on January 1, 2000, and shall be renewable on or before that date annually thereafter. For businesses applying for an initial business license or certificate after said date, the license year shall commence on the date the license is approved by the city and shall be renewed annually on or before January 1st of each succeeding year thereafter.

B. The license fee shall be due and payable on the first day of January and shall be deemed to be delinquent if not paid by February 1st of that year. License fees are not refundable nor subject to proration. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.050 License fee.

Each business operating within the city shall pay to the city on or before the fifteenth of January of each calendar year, a business license fee as the same is established by resolution of the council. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.060 Businesses not operating from a facility within the city.

A. Except as provided in FMC 5.05.030, all persons doing business within the city are subject to the business license provisions of this code regardless of the location of the facility used as the basis for conducting such business.

B. The annual business fee for persons doing business within the city from locations outside the city is the same as for persons who do business from locations within the city.

C. If more than one business takes place at the same location and is operated under the same ownership, but is operated under more than one business name, one application may be filed provided each business is clearly identified and all relevant information is included in the unified application. However, each business shall be liable for and pay a separate business license fee.

D. Each branch establishment of a business or location of a business conducted by any person shall, for the purposes hereof, be treated as a separate business subject to the license provided for in this chapter. However, warehouses used incidentally with a duly licensed business shall not be deemed to be a separate place of business or branch establishment. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.070 Application procedure – License transfer.

A. All licenses shall be issued by the city recorder upon written application and not otherwise.

B. The application for such license, or renewal thereof, shall contain information as the city deems appropriate to determine the ownership, location, management of the business.

C. No transfer of a license shall be made without written application for the transfer being made to the city recorder. An entry of such transfer shall be made by the recorder in the record of licenses for which the city shall charge and receive $25.00.

D. An application for an initial business license or a change in address due to the physical relocation of a currently licensed business shall be accompanied by the payment of an application fee of $50.00. This fee shall be in addition to the business license fee provided for by FMC 5.05.050. No such application shall be accepted unless all information contained therein is provided and the full fee is paid. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.080 Falsifying application information – Penalty for delinquent filing.

A. It is unlawful for any person to fail, refuse or neglect to comply with the provisions of this chapter.

B. In the event a business fails or neglects to obtain a license and pay the appropriate fee(s) before they become delinquent, the city recorder shall collect in addition thereto, an additional charge of $15.00 for each month (or fraction thereof) the license is delinquent.

C. Nothing contained in this chapter shall be or construed as vesting any right to the amount of any license or other/additional taxes or fees, and the fees provided for in this chapter, may be increased or decreased and additional or other fees provided for and levied in any and all instances at any time by the city. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.082 Posting license.

A business shall post the license required by this chapter on the business premises. (Ord. 5-2014 § 2 (Exh. B))

5.05.090 Attorneys’ fees.

The city shall be entitled to the award of a reasonable attorneys’ fees in the event the city manager deems it necessary to enforce the requirements imposed by this chapter. (Ord. 8-2021 § 1; Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.100 Violation does not exempt payment of fee.

The conviction of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty on any fee for which such person is liable, nor shall the payment of any such fee be a bar to, or prevent, any prosecution in the city court of any complaint for the violation of any of the provisions of this chapter. (Ord. 5-2014 § 2 (Exh. B); Ord. 13-1999 § 2)

5.05.110 Failure to obtain license.

Failure to obtain a license required by this chapter is a violation of this chapter. Any violation of this chapter is a civil infraction subject to enforcement pursuant to Chapter 1.01 FMC. (Ord. 5-2014 § 2 (Exh. B))