Chapter 7.10
BUSINESS LICENSES

Sections:

7.10.010    Definitions.

7.10.020    Purpose of occupational license fee.

7.10.030    Occupational license fee.

7.10.040    Amount of occupational license fee.

7.10.050    Occupational certificate.

7.10.060    Misleading statements – Nonpayment – Reclassification.

7.10.070    Additional remedies.

7.10.010 Definitions.

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

“Hawker” means any person who, for himself, or as agent of another, carries for sale and offers or exposes for sale any goods, wares, merchandise, produce, or any article or thing for which a price is asked in or on the streets, or who offers or exposes for sale any such commodity from a doorway, recess, alleyway, vacant lot, or other place facing on a street, whether making outcry or not.

“Peddle” or “peddling” means any sale, or offering for sale, or exposing for sale of any goods, wares, merchandise, produce, or any article or thing for which a price is asked by a peddler in pursuance of his occupation as a peddler.

“Solicitor” means any person who goes from house to house or from place to place in the city selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise, or any other article for future delivery, for services to be performed in the future, or for the making, manufacturing, or repairing of any article or thing whatsoever for future delivery, excepting interstate commerce. [Ord. 403 § 1, 2014.]

7.10.020 Purpose of occupational license fee.

(1) It is necessary that an occupational license fee be fixed for the purpose of securing revenues to assist in regulating and defraying the cost of necessary municipal services.

(2) The occupational license fee required by HMC 7.10.010 through 7.10.070 shall be in addition to general fees now or hereafter levied pursuant to law, and shall be in addition to license fees prescribed in other parts of this code.

(3) Nothing in HMC 7.10.010 through 7.10.070 shall be construed to apply to any person transacting and carrying on any business within the city of Halsey which is exempt from taxation or regulation by the city of Halsey by virtue of the Constitution of the United States, the state of Oregon, or applicable statutes of the United States or the state of Oregon.

(4) No business may obtain a certificate of occupancy if the business fails to operate in conformance with the laws of the state of Oregon, the United States, or the city.

(5) The levy or collection of an occupational license fee upon any business shall not be construed to be a license or permit of the city of Halsey to the person to engage therein in the event such business shall be unlawful, illegal, or prohibited by the laws of the state of Oregon, the United States, or other provisions of this code.

(6) A final decision made by the city administrator on an application may be appealed to the city council at their regularly scheduled meeting. Decisions of the council as to all matters of objections brought before it shall be final. [Ord. 403 § 2, 2014.]

7.10.030 Occupational license fee.

(1) No person may transact and carry on any such business in the city of Halsey without first having obtained a certificate of occupation for the current calendar year as provided or without complying with any and all applicable provisions of HMC 7.10.010 through 7.10.070.

(2) A tax year for the purposes of HMC 7.10.010 through 7.10.070 shall commence January 1st of each year and terminate at midnight December 31st of the same year. The occupational license fee required shall be due and payable on the first day of January of each year for the calendar year following and shall be delinquent on and after the following first day of February. The occupational license fee for persons engaged in any trade, shop, business, occupation, profession, or calling after January 1st in any year shall be prorated to the closest quarter of such year and shall be delinquent if not paid within 30 days after the commencement of such occupation.

(3) Each branch establishment of business or location of a business conducted by any person shall, for the purposes hereof, be a separate business and subject to the fee provided in HMC 7.10.040, but warehouses used solely incidental in connection with a business license pursuant to the provisions of this code and operated by the person conducting such business shall not be separate places of business or branch establishments.

(4) No person whose income is based solely on an hourly, daily, weekly, monthly, or annual wage or salary shall, for the purpose of HMC 7.10.010 through 7.10.070, be deemed a person transacting and carrying on business.

(5) The agent or agents of a nonresident proprietor engaged in any business for which a fee is required by HMC 7.10.010 through 7.10.070 shall be liable for the payment of the fee provided in HMC 7.10.040 and for the penalties for failure to pay the same or to comply with the provisions of HMC 7.10.010 through 7.10.070 to the extent and with like effect as if such agent or agents were themselves proprietors. [Ord. 403 § 3, 2014.]

7.10.040 Amount of occupational license fee.

(1) Each business or trade operating from a regular place of business in the city shall pay an occupational license fee, as set by resolution of the city.

(2) In addition to the above, alcoholic beverage distributors and dispensers shall pay an alcoholic beverage occupational license fee as set by resolution.

(3) Each business or trade not operating from a regular place of business in the city shall pay an occupational license fee, as set by resolution.

(4) Producers of farm products raised in Oregon, produced by themselves or their immediate families, shall not be subject to the occupational license fee prescribed that may apply to the selling of such products in the city by themselves or their immediate families.

(5) Nonprofit service organizations shall not be subject to the occupational license fee prescribed provided their statement of nonprofit is on file at City Hall. [Ord. 403 § 4, 2014.]

7.10.050 Occupational certificate.

(1) A certificate of occupation shall be issued by the city administrator or their designee upon written application.

(2) The application for such certificate shall contain, but not limited to, the following information:

(a) A description of the type of business;

(b) The name of the applicant;

(c) The physical location of the business;

(d) Date of application;

(e) Annual license fee;

(f) Signature of applicant. [Ord. 403 § 5, 2014.]

7.10.060 Misleading statements – Nonpayment – Reclassification.

(1) No person may willfully make any false or misleading statement to the recorder for the purpose of determining the amount of any occupational license fee provided to be paid by any such person, or to fail or refuse to comply with any of the provisions of HMC 7.10.010 through 7.10.070 or to fail or refuse to pay before the same shall be delinquent any occupational license fee or penalty required to be paid by such person.

(2) In the event any person required to pay an occupational license fee fails or neglects to obtain the same before it shall become delinquent, the recorder shall collect upon the payment and in addition a penalty of five percent of the fee for each calendar month or fraction thereof.

(3) Nothing shall be taken or construed as vesting any right in any taxpayer as a contract obligation on the part of the city of Halsey. Other or additional fines and the fee provided for may be increased or decreased at any time by the city of Halsey. Any business may be reclassified or subclassified at any time and other or additional fees levied upon at any time. [Ord. 403 § 6, 2014.]

7.10.070 Additional remedies.

The conviction of any person for violation of any of the provisions of HMC 7.10.010 through 7.10.060 shall not relieve such person from paying any fee or penalty for which they may be liable, nor shall the payment of any fee be a bar or prevent any prosecution in the municipal court of any complaint for the violation of the provisions of HMC 7.10.010 through 7.10.060. [Ord. 403 § 7, 2014.]