Ord. 03-2005 - Business Licenses
CITY OF GLENDALE
ORDINANCE 03-2005

AN ORDINANCE PROVIDING FOR THE LICENSING FOR REVENUE PURPOSES OF BUSINESS ACTIVITIES WITHIN THE CITY OF GLENDALE, OREGON AND REPEALING ORDINANCE 01-2000.

The City of Glendale ordains as follows:

Section l. Purpose and Scope. The business license fees imposed by the terms of this ordinance 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 permit to engage in any activity otherwise prohibited by law or ordinance, or a waiver of any regulatory licensing requirements imposed by any other ordinance of the City of Glendale.

Section 2. Definitions. The following terms, as used in this ordinance, shall mean:

1.Business. Any activity carried on with the intent that a profit be realized therefrom, and that the profit, if any, inure to the benefit of the owner or owners of the activity.
2.Profit. The excess of gross receipts over expense.
3.Expense. The cost of goods sold, the expense of services rendered, and all other expenses or disbursements, accrued or otherwise, ordinarily incidental to the operation of a business.
4.Transacting business. Any act or series of acts performed in the course or pursuit of a business activity. However, the rental of a dwelling unit shall not constitute an act in the pursuit of a business activity unless it is part of the operation of an apartment house, mobile home park, motel or hotel, or similar high-density or commercial rental activity, with three or more dwelling units.

Section 3. Business License Required. No person, for himself or as agent or employee of another, shall conduct or transact business based within the city unless:
1.Such business has been duly licensed within this ordinance; and
2.The license is valid at the time of the transaction

Section 4. Issuance. Upon receipt of an application duly signed and executed as prescribed in Section 6, together with the required fee, the City Recorder shall issue a business license to any applicant desiring to transact or conduct a lawful business based within the City of Glendale. Licenses so issued shall be valid until December 31 next following the date of issuance of the license.

Section 5. Posting of License. At all times after the issuance of the license, the licensee shall cause it to be posted in a conspicuous place upon the business premises, available for inspection by the public and by employees and prospective employees of the business.

Section 6. Applications. Application for business licenses shall be submitted on forms to be provided by the City Recorder. Every application shall be signed by the owner or his duly authorized agent and shall contain the following information:
1.Name of person or persons owning business
2.Assumed business name, if any
3.Address of business premises and mailing address, if different
4.Nature of business
5.Number of employees as of date of application, if applicable
6.Where the business includes activities classifiable in two or more categories, the primary or predominant activity.

License fees shall be computed on the basis of information contained in the application, and no person shall knowingly sign or submit a business license application containing false information.

Section 7. Contents of Licenses. Licenses shall be issued to the applicant in the name of the business to be licensed and shall designate the nature of the business, the address of the premises and the date of issuance.

Section 8. Two or more Business Premises; Two or More Business on Same Premises. The conducting of a business or businesses at two or more locations shall, for the purposes hereof, be deemed to be separate businesses, and each thereof shall be subject to the license tax herein provided for. If two or more differently classified but related businesses are carried on in the same premises by the same owners, one license issued in the name of the business to which the premises are primarily appropriated and based upon the total number of employees or other units on the whole premises shall be sufficient for all such activities, provided any business activity lease under concession to or owned wholly or in part by a different person or persons on the same premises must be separately licensed. In determining whether different activities on the same premises are related to the primary use within the meaning of this section, normal and ordinary customs and usages of businesses of like nature shall be considered.

Section 9. Business License Term and Fee.

1.The business license term shall be the 12-month period beginning on January 1 of each year and ending December 31 of the calendar year next following
2.If any business subject to the provisions of this ordinance comes into existence, or for the first time commences its operations within the City of Glendale at any time after January 1 of any business license period, the license fee payable in connection with that business for the current business license period shall be prorated as of the beginning date of the quarterly period during which the activity begins. The quarterly periods, for the purposes hereof, shall begin on the first days of January, April, July and October of each year.
3.The license fee for any business taxes hereunder shall be established by general resolution of the City Council. For the purposes of this subsection, the term “employee” shall mean and include:
a.A person having no ownership interest in the business other than the ownership of shares in a corporate business and who is regularly employed for 20 hours a week or more by and under the supervision and control of the owner or owners of the business or their representative in the course of the business activities; or
b.A person having an ownership interest in the business, who actively works in and for the business on a full-time basis.

Section 10. Evidence of Doing Business. In the trial of any alleged violation of this ordinance, evidence that the defendant made a public representation by way of advertisement by newspaper, radio, television, or similar media, or by signs conspicuously displayed for public view, that such business was being conducted, expressly or implied, offering to sell goods or services in the course of such business to the public or any segment thereof, shall constitute prima facie evidence that the defendant was transacting the business suggested by such public representation within the city on the date or dates during which such representations were made.

Section 11. Penalties.
1.Any person violating any provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than $100
2.Every full business day during which any business activity continues to be conducted in violation of this ordinance shall be deemed a separate offense
3.No license shall be issued to any person hereunder if such person has, previous to making application therefore, conducted a business within the City of Glendale while this ordinance was in effect without a current, valid license issued hereunder, unless such person pays an additional amount equal to the license fee for the period during which such business was thus conducted.
4.The remedy specified in Subsections (1) and (3) hereof shall not be deemed exclusive and, at the option of the city, amounts due and payable hereunder by way of business license fees may be collected from the owner, or owners of the business involved by action of law in any court of competent jurisdiction in the state



Section 12. Repeal. Ordinance 01-2000 is hereby repealed.

Section 13. Effective Date. This ordinance shall take effect thirty (30) days from the date of adoption by the Glendale City Council.

PASSED by the Council and SIGNED by the Mayor this______day of October, 2004.



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Flora C. Snyder, Mayor

Attest:



_______________________________
Betty Stanfill, City Recorder