Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.08 PEDDLERS – SOLICITORS
5.08.010 License required.
5.08.020 Peddler – Solicitor defined.
5.08.030 Applications.
5.08.040 Investigation and issuance.
5.08.050 License fee.
5.08.055 License application fee exemptions.
5.08.060 Transfer of license.
5.08.070 Exhibition of license.
5.08.080 Enforcement.
5.08.090 Revocation of license.
5.08.100 Appeal.
5.08.120 Loud noises and speaking devices.
5.08.130 Hours of solicitation.
5.10 TRANSIENT AND ITINERANT MERCHANTS AND VENDORS
5.10.010 Definitions.
5.10.020 License – Required.
5.10.030 License – Exception to requirement – Notice of claimed exemption.
5.10.040 License – Application.
5.10.050 License – Issuance – Investigation.
5.10.060 Bond.
5.10.070 Exhibition of license.
5.10.080 Transfer of license.
5.10.085 Hours of solicitation.
5.10.090 Revocation of license.
5.10.100 Expiration of license.
5.10.110 Violation – Penalty.
5.12 TAXICABS (Repealed)
5.14 TAXICABS
5.14.010 Definitions.
5.14.030 Operator’s license.
5.14.050 Taxicabs.
5.14.070 Taxicab certification.
5.14.090 Fees.
5.14.110 Insurance.
5.14.130 Operator’s license revocation.
5.14.150 Notice.
5.14.170 Violation – Penalty.
5.20 PRIVATE DETECTIVES – MERCHANT PATROLMEN (Repealed)
5.26 PROHIBITIONS ON ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES
5.26.010 Definitions.
5.26.020 Places of entertainment.
5.26.030 Places serving liquor.
5.30 MASSAGE PARLORS
5.30.010 Definitions.
5.30.020 License – Required – Massage establishment.
5.30.030 Violation.
5.36 GAS UTILITY TAX
5.36.010 Definitions.
5.36.020 Amount.
5.36.030 Payment.
5.36.040 Account books.
5.36.050 Failure to make return.
5.36.060 Rights granted taxpayer upon payment.
5.36.070 Indemnification of City.
5.36.080 Taxpayer to supply maps.
5.36.090 Penalty for violation.
5.40 SEPTIC TANK CLEANING TRUCKS (Repealed)
Chapter 5.08
PEDDLERS – SOLICITORS
Sections:
5.08.010 License required.
5.08.020 Peddler – Solicitor defined.
5.08.030 Applications.
5.08.040 Investigation and issuance.
5.08.050 License fee.
5.08.055 License application fee exemptions.
5.08.060 Transfer of license.
5.08.070 Exhibition of license.
5.08.080 Enforcement.
5.08.090 Revocation of license.
5.08.100 Appeal.
5.08.120 Loud noises and speaking devices.
5.08.130 Hours of solicitation.
5.08.010 License required.
It is unlawful for any person to engage in business as a peddler or solicitor, as defined in this chapter, within the corporate limits of the City, without first obtaining a license as herein provided. (Ord. 2764 § 1, 1958).
5.08.020 Peddler – Solicitor defined.
“Peddler” or “solicitor” shall mean any door-to- door salesperson who sells or offers for sale any merchandise or services by traveling about the City in residential districts. (Ord. 4580 § 1, 1983; Ord. 2764 § 2, 1958).
5.08.030 Applications.
A licensee, under this chapter, must file with the City Recorder a sworn application, in writing, on a form to be furnished by the City Recorder, which shall give the following information:
(1) The name and description of the applicant;
(2) Address, both permanent and local address, if any;
(3) A brief description of the nature of business and the goods or services to be sold. In the case of products of farms or orchards, a statement whether the produce to be sold is grown by the applicant;
(4) If the applicant is employed, the name and address of the employer, together with credentials establishing an exact relationship, except in the case of a nonprofit organization, a photograph of the applicant shall be furnished which photograph shall have been taken within 60 days immediately prior to the date of the filing of the application and shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner. (Ord. 5013 § 1, 1992; Ord. 2764 § 3, 1958).
5.08.040 Investigation and issuance.
(1) Upon receipt of a license application and fee, in proper form, the City Recorder shall then issue a license card addressed to the applicant for the carrying on of the business applied for. The license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, if the licensee is not a nonprofit organization, and the kind and goods to be sold thereunder, the date of issuance and the expiration date of the license. The City Recorder shall keep a permanent record of all licenses in accordance with the State of Oregon Archives Division retention schedule.
(2) If the application is returned from the Chief of Police endorsed “unsatisfactory”, the City Recorder shall notify the applicant that his/her application has been disapproved and for the reasons thereof. (Ord. 5026 § 1, 1993; Ord. 4580 § 2, 1983; Ord. 2764 § 4, 1958).
5.08.050 License fee.
(1) Except as herein specifically exempted for payment of fees, all persons applying for a license shall pay a fee in the sum of [____] as an application and license fee. Licenses may be renewed on an annual basis upon payment of a license fee in the amount of [____].
(2) All licenses run from January 1st to December 31st, inclusive. (Ord. 5013 § 1, 1992; Ord. 4580 § 3, 1983; Ord. 4332 §§ 1, 2, 1980; Ord. 2764 § 5, 1958).
5.08.055 License application fee exemptions.
The provisions of this chapter requiring a license application and application fee shall not apply to:
(1) One selling products of the farm or orchard actually produced by the seller;
(2) A newspaper carrier soliciting subscriptions;
(3) A person calling upon business firms soliciting orders for goods or services which are regularly used by the business firm in their regular course of business; or
(4) Milk, groceries, or other merchandise, deliveries or services ordered by a resident or sold by an area merchant and delivered to the purchaser as a service;
(5) Schools or other nonprofit corporations or organizations which have obtained federal tax exempt status and the agents thereof. (Ord. 5013 § 1, 1992; Ord. 4580 § 4, 1983).
5.08.060 Transfer of license.
No license shall be used at any time by any person other than the one to whom it is issued. (Ord. 2764 § 6, 1958).
5.08.070 Exhibition of license.
Peddlers and solicitors are required to exhibit their license card at the request of any citizen. (Ord. 2764 § 7, 1958).
5.08.080 Enforcement.
It shall be the duty of any police officer of the City to require any person seen peddling or soliciting and who is not known by the officer to be duly licensed to produce his/her license card and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 5013 § 1, 1992; Ord. 2764 § 8, 1958).
5.08.090 Revocation of license.
(1) Licenses may be revoked by the City Recorder for any of the following causes:
(a) Fraud and misrepresentation or false statement contained in an application for license;
(b) Fraud and misrepresentation or false statement made in the course of carrying on the business as peddler or solicitor;
(c) Any violation of the Albany Municipal Code;
(d) Conducting the business of peddling or soliciting in an unlawful manner or in such a manner to constitute a menace to the health, safety or general welfare of the public.
(2) Notice of hearing for revocation of a license shall be given in writing setting forth the grounds of the complaint and the time and place for hearing. The notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five days prior to the date set for hearing. (Ord. 5013 § 1, 1992; Ord. 4580 § 5, 1983; Ord. 2764 § 9, 1958).
5.08.100 Appeal.
Any person aggrieved by the action by the Chief of Police or the City Recorder in denial or revocation of his/her license shall have the right to appeal to the City Council. The appeal shall be taken by filing with the Council within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for the hearing of the appeal and notice of the hearing shall be given to the appellant in the same manner as notice of revocation. The decision and order of the Council on the appeal shall be final and conclusive. (Ord. 5013 § 1, 1992; Ord. 2764 § 10, 1958).
5.08.120 Loud noises and speaking devices.
No peddler, nor any person on his/her behalf, shall shout, make any outcry, or use any sound device where sound of sufficient volume is emitted or produced therefrom to be capable of being heard at a distance of more than 200 feet upon the streets, alleys, avenues, parks or other public places. (Ord. 5013 § 1, 1992; Ord. 2764 § 12, 1958).
5.08.130 Hours of solicitation.
No persons shall engage in soliciting any place in the City during the period from 9:00 p.m. until 9:00 a.m., unless otherwise specified on the solicitors’ license. (Ord. 4580 § 6, 1983).
Chapter 5.10
TRANSIENT AND ITINERANT MERCHANTS AND VENDORS
Sections:
5.10.010 Definitions.
5.10.020 License – Required.
5.10.030 License – Exception to requirement – Notice of claimed exemption.
5.10.040 License – Application.
5.10.050 License – Issuance – Investigation.
5.10.060 Bond.
5.10.070 Exhibition of license.
5.10.080 Transfer of license.
5.10.085 Hours of solicitation.
5.10.090 Revocation of license.
5.10.100 Expiration of license.
5.10.110 Violation – Penalty.
5.10.010 Definitions.
For the purpose of this chapter a “transient merchant, itinerant merchant, or itinerant vendor” is defined as any person, firm, or corporation, whether it is the owner, agent, consignee, or employee, whether a resident of the City or not, who engages in the temporary business of selling and delivering goods, wares, and merchandise within the City, and who, in furtherance of such purpose hires, leases, uses, or occupies any parking lot, vacant lot, motor vehicle, tent, street, alley for the exhibition and sale of such goods, wares, and merchandise, either privately or at public auction. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. (Ord. 5634 § 1, 2005; Ord. 4313 § 2, 1979).
5.10.020 License – Required.
It is unlawful for a transient merchant, itinerant merchant, or itinerant vendor, as defined in AMC 5.10.010, to engage in such business within the City, without first obtaining a license therefor in compliance with provisions of this chapter. (Ord. 4313 § 1, 1979).
5.10.030 License – Exception to requirement – Notice of claimed exemption.
(1) The provisions of this chapter requiring application for license shall not apply to nonprofit organizations where the proceeds of the sale do not inure to the direct benefit of an individual member of the organization; sales where a contract has been signed by the City and the applicant providing that the proceeds received by the applicant from such business, occupation, or trade will be used to improve a part of the City’s public park system; sales conducted on public property with the prior written consent of the public entity that owns or controls said property; indoor sales; or sales of services which are subject to separate license requirements, such as door-to-door sales.
(2) A person or organization claiming an exemption from the provisions of this licensing chapter shall, prior to engaging in a temporary business, give notice of the proposed sale to the City Recorder of the City or, in his/her absence or in the event the City Recorder’s office shall be closed, then to the Albany Police Department at its headquarters. Notice shall state the location of the proposed sale and the basis of the claimed exemption. (Ord. 5634 § 2, 2005; Ord. 4313 § 2, 1979).
5.10.040 License – Application.
Applicants for license under this chapter, whether a person, firm, or corporation, shall file a written, sworn application signed by the applicant, if an individual; by all partners of a partnership; and by the President, if a corporation; with the City Recorder, showing:
(1) The name or names of the person or persons having the management or supervision of the applicant’s business during the time that it is proposed that it will be carried on in the City; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent, or otherwise); the name and address of the person, firm, or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated;
(2) The place or places in the City where it is proposed to carry on the applicant’s business and the length of time during which it is proposed that the business shall be conducted;
(3) The place or places, other than the permanent place of business of the applicant, where applicant, within the six months next preceding the date of the application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted. (Ord. 5634 § 3, 2005; Ord. 4313 § 3, 1979).
5.10.050 License – Issuance – Investigation.
Upon receipt of such application and payment by the applicant of a license fee, a license shall be issued by the City Recorder. The City Recorder shall keep a full record in his/her office of all licenses issued. This license shall contain the name of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name or names of the person or persons authorized to carry on the same.
(1) An application for a sale that will occur no longer than 30 days’ duration in a calendar year will pay a license fee of $50.00.
(2) An application for a business that will operate longer than 30 days but less than 120 days will be referred to the Community Development Department for site plan review under “Option C” in the Albany Development Code and staff recommendation. The license fee will be $100.00 plus applicable planning fees.
(3) A business operating for more than 120 days will be subject to all of the development code requirements for permanent businesses and shall not require a transient merchant license. (Ord. 5634 § 4, 2005; Ord. 5013 § 1, 1992; Ord. 4313 § 4, 1979).
5.10.060 Bond.
Before any license, as provided by this chapter, is issued for the engaging in a transient or itinerant business, as defined by AMC 5.10.010, such applicant shall file with the City Recorder a surety bond running to the City in the sum of $1,000 executed by the applicant, as principal, and a corporate surety or two individual sureties upon which service of process may be made in the State, excluding vendors selling food items that are regulated by Linn County; said bond to be conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the City, the statutes of the State, regulating and concerning the sale of goods, wares, and merchandise, and will pay all judgments rendered against the applicant for any violation of said ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him/her by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant. (Ord. 5531, 2002; Ord. 5013 § 1, 1992; Ord. 4559 § 1, 1983; Ord. 4313 § 5, 1979).
5.10.070 Exhibition of license.
The license issued under this chapter shall be posted conspicuously in the place of business named therein. (Ord. 4313 § 6, 1979).
5.10.080 Transfer of license.
No license shall be transferred without written consent of the City Recorder, as evidenced by an endorsement on the face of the license showing to whom the license was transferred and the date of transfer. (Ord. 4313 § 7, 1979).
5.10.085 Hours of solicitation.
No persons shall engage in soliciting as a transient merchant at any place in the City during the period from 9:00 p.m. until 9:00 a.m., unless otherwise specified on the license. (Ord. 4559 § 2, 1983).
5.10.090 Revocation of license.
(1) The license issued pursuant to this chapter may be revoked by the City Council, after notice and hearing, for any of the following causes:
(a) Any fraud, misrepresentation, or false statement contained in the application for license;
(b) Any fraud, misrepresentation, or false statement in connection with the selling of goods, wares, or merchandise;
(c) Any violation of this chapter;
(d) Conducting the business license issued under this chapter in an unlawful manner and in such manner as to constitute a breach of the peace.
(2) Notice of hearing for revocation of the license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his/her last known address, at least five days prior to the date set for hearing. (Ord. 4313 § 8, 1979).
5.10.100 Expiration of license.
All licenses issued under the provisions of this chapter shall expire at the end of their stated term. No applicant who has received a license shall again be eligible for issuance of a new license within 12 months of the issuance of the previous license. (Ord. 5634 § 5, 2005; Ord. 5548, 2002; Ord. 4313 § 9, 1979).
5.10.110 Violation – Penalty.
Any person wilfully violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable under the general penalty provided for in Chapter 1.04 AMC. (Ord. 5013 § 1, 1992; Ord. 4313 § 10, 1979).
Chapter 5.12
TAXICABS
(Repealed by Ord. 5423)
Chapter 5.14
TAXICABS
Sections:
5.14.010 Definitions.
5.14.030 Operator’s license.
5.14.050 Taxicabs.
5.14.070 Taxicab certification.
5.14.090 Fees.
5.14.110 Insurance.
5.14.130 Operator’s license revocation.
5.14.150 Notice.
5.14.170 Violation – Penalty.
5.14.010 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meaning given to them by this section:
(1) “Street” means any street, alley, avenue, court, bridge, lane or public place in the City.
(2) “Operator” means any person owning, having control of the use of or engaged in the business of operating one or more taxicabs within the City.
(3) “Taxicab driver” means any person who drives a taxicab, whether such person owns the taxicab or is employed by the operator of a taxicab.
(4) “Person” means and includes one or more persons of either sex, natural persons, corporations, partnerships and associations.
(5) “Council” means the Council of the City of Albany, Oregon.
(6) “Alcoholic liquor” means any alcoholic beverage containing more than one-half of one percent alcohol by volume, and every liquid or solid, patented or not, capable of being consumed by a human being.
(7) “Vehicle certificate” means a numbered decal issued by the City to the operator upon approved license application.
(8) “Employee” means any person employed by a taxicab company for remuneration or under any contract of hire, written or oral, express or implied, including independent contractors.
(9) “Taxicab” means any motor vehicle that is operated for hire by the taxicab company, other than a shuttle, limousine, charter, tour bus, accessible vehicle, medical transport vehicle or ambulance. For purposes of this section, the following definitions shall apply:
(a) “Shuttle” means any motor vehicle for hire that transports passengers between predetermined destinations (e.g., motels and airports), at fixed rates, and on a fixed schedule.
(b) “Limousine” means any luxury class motor vehicle that is operated for hire on a reserved, hourly basis.
(c) “Charter” means any motor vehicle originating from the Albany area, marked with the company’s business name, operated for hire to transport a group of seven or more persons with the fare based on a fixed group rate rather than an individual rate.
(d) “Tour bus” means a motor vehicle accepting individual passengers for a fare for sightseeing or guided tours, making occasional stops at certain points of interest and returning the passengers to the point of origin.
(e) “Accessible vehicle” means any motor vehicle constructed and equipped for the non-emergency transportation of persons in wheelchairs, persons using other mobility aids, or with other mobility impairments.
(f) “Medical transport vehicle” means any motor vehicle constructed and equipped for the non-emergency transportation of persons in connection with their illness, injury or disability.
(g) “Ambulance” means any motor vehicle constructed and equipped for the emergency transportation of persons because of or in connection with their illness, injury or disability. (Ord. 5424 § 1, 1999).
5.14.030 Operator’s license.
Each applicant for an operator’s license shall apply to the City Recorder for such license upon such form as is prescribed by the City Recorder and shall include thereon the following information:
(1) If a corporation, limited partnership or association, the applicant shall be authorized to conduct business under the laws of the State of Oregon, and shall supply proof of active business registry with the Secretary of State;
(2) Name and post office address of the applicant (if a partnership or joint venture, the application must so state and contain the names and addresses of all parties thereto);
(3) The business name under which the operator will do business;
(4) Evidence of insurance as hereinafter required. (Ord. 5424 § 1, 1999).
5.14.050 Taxicabs.
(1) Every taxicab shall be so designated as such by plain visible letters on the side thereof.
(2) Every taxicab shall have affixed a vehicle certificate as issued by the City upon approved license application.
(3) Every taxicab shall post a schedule of rates for services where it can be easily read by any and all passengers.
(4) No taxicab driver or operator shall use a taxicab for the transportation or delivery of an alcoholic beverage. This section shall not prohibit the transportation of a person, for hire, when such person lawfully possesses an alcoholic beverage.
(5) No taxicab driver or operator shall accept compensation, in any form, for the transportation or delivery of any alcoholic beverage, except as allowed in subsection (4) of this section. (Ord. 5424 § 1, 1999).
5.14.070 Taxicab certification.
(1) No operator shall put into service, nor shall any employee drive, any taxicab that has not been certified and issued a vehicle certificate by the City.
(2) Each vehicle certificate issued by the City shall be affixed to a specific taxicab for identification purposes, placed in a location upon the taxicab as approved by the City Recorder.
(3) All vehicle certificates issued by the City are nontransferable and may not be removed by anyone without supervision of the City Recorder or its designee.
(4) No vehicle certificate may be sold, assigned, mortgaged or otherwise transferred.
(5) Any operator who retires any taxicab from service shall immediately surrender to the City any vehicle certificate issued by the City for the operation of such taxicab, and may not secure an additional vehicle certificate for the operation of such taxicab without making separate application therefor. (Ord. 5424 § 1, 1999).
5.14.090 Fees.
(1) Each operator making application for an operator’s license shall pay an annual fee as established by the Council by separate resolution.
(2) An operator shall pay a proportionate amount of the above fees for parts of less than a year and thereafter fees for an operator’s license shall become due and payable the first business day of each calendar year. (Ord. 5424 § 1, 1999).
5.14.110 Insurance.
(1) No operator shall drive or operate, or cause to be driven or operated, any taxicab in the City of Albany unless the operator has on file with the City, and shall keep in full force and effect, a policy of insurance, approved by the City Recorder as to form and compliance with this chapter, issued for the benefit of the operator by a responsible and solvent insurance corporation authorized to write policies in the State of Oregon. The policy of insurance shall designate therein which taxicabs may be driven or operated under the policy, and shall contain policy limits not less than as required under the application for operator’s license.
(2) The policy of insurance shall require notification to the City Recorder of any amendment, cancellation or termination of policy. The operator, on or before the effective date of amendment, cancellation or termination of the policy, shall immediately surrender to the City any vehicle certificate issued by the City for the operation of a taxicab which is removed from coverage under the policy of insurance, and may not secure an additional vehicle certificate for the operation of such taxicab without making separate application therefor.
(3) The City may deny the issuance of any vehicle certificates to any operator who has failed to surrender a prior vehicle certificate as required by this chapter. (Ord. 5424 § 1, 1999).
5.14.130 Operator’s license revocation.
The Council may revoke any operator’s license for violation of any provision of this chapter. The Council may utilize any revocation procedure which, at a minimum, provides the operator with mailed notice of the proposed revocation and the grounds therefor, and provides the operator with an opportunity to be heard by the Council. (Ord. 5424 § 1, 1999).
5.14.150 Notice.
Any notice mailed by first class mail by the City shall be mailed to the operator to the primary address as set forth on the license application, and shall be deemed received by the operator three days after mailing. Failure to receive actual notice shall not be a defense. (Ord. 5424 § 1, 1999).
5.14.170 Violation – Penalty.
Any person violating any of the provisions of this chapter is subject to those penalties set forth in AMC 1.04.010. (Ord. 5424 § 1, 1999).
Chapter 5.20
PRIVATE DETECTIVES –
MERCHANT PATROLMEN
(Repealed by Ord. 5232)
Chapter 5.26
PROHIBITIONS ON ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES
Sections:
5.26.010 Definitions.
5.26.020 Places of entertainment.
5.26.030 Places serving liquor.
5.26.010 Definitions.
For the purposes of this chapter, a female breast is “substantially exposed” unless it is completely and opaquely covered below a point immediately above the top of the areola. (Ord. 4594 § 1, 1983).
5.26.020 Places of entertainment.
(1) In any place licensed to sell alcoholic liquor and permitted by State law to allow dancing or have other forms of entertainment, it is unlawful for a stage show or floor show entertainer:
(a) To come into physical contact with any patron or to circulate among the tables, chairs or similar furniture used or intended for use by patrons.
(b) To expose his/her or her genitalia or engage in or simulate any act of sexual intercourse, sodomy, masturbation or sexual stimulation by massage of the genital area of the body in the course of the show.
(c) To appear in the course of the show without covering his/her genitalia with an opaque material which does not simulate the organ covered.
(2) It is unlawful for the owner, operator or person in charge of a place licensed to sell alcoholic liquor and permitted by State law to allow dancing or have other forms of entertainment knowingly to permit any violation of subsection (1) of this section. (Ord. 4594 § 1, 1983).
5.26.030 Places serving liquor.
(1) In any place where food or alcoholic beverage is offered for sale for consumption on the premises, it is unlawful:
(a) For any female person to be so costumed or dressed that one or both breasts are wholly or substantially exposed to public view.
(b) For any person to appear publicly without covering his/her genitalia with an opaque material that does not simulate the organ covered.
(2) It is unlawful for the owner, operator or person in charge of any place where food or alcoholic beverage is offered for sale for consumption on the premises knowingly to permit any violation of subsection (1) of this section. (Ord. 5013 § 1, 1992; Ord. 4594 § 1, 1983).
Chapter 5.30
MASSAGE PARLORS
Sections:
5.30.010 Definitions.
5.30.020 License – Required – Massage establishment.
5.30.030 Violation.
5.30.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) “Employee” means any person over 18 years of age, other than a masseur or masseuse, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
(2) “Licensee” means the person to whom a license has been issued to own or operate a massage establishment as defined in this section.
(3) “Massage” means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his/her behalf will pay money or give any other consideration or any gratuity therefor.
(4) “Massage establishment” means any establishment having a source of income or compensation derived from the practice of massage as defined in subsection (3) and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities as defined in subsection (3).
(5) “Masseur or masseuse” means any person who, for any consideration whatsoever, engages in the practice of massage as defined in subsection (3).
(6) “Person” means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. (Ord. 5227 § 3, 1996; Ord. 4023 § 1, 1977).
5.30.020 License – Required – Massage establishment.
No person shall engage in or carry out the business of massage unless he/she has met and is in compliance with the requirements of and has a license pursuant to Chapter 334, Division 10 of the Oregon Administrative Rules governing massage licensing. (Ord. 5227 § 3, 1996; Ord. 5013 § 1, 1992; Ord. 4023 § 2(a), 1977).
5.30.030 Violation.
Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor of the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly, who gives massages or operates a massage establishment or any of the services defined in this chapter without first obtaining a license or permit in accordance with the Oregon Administrative Rules and AMC 5.30.020, shall be guilty of a misdemeanor. Any person willfully violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable under the general penalty provided for in Chapter 1.04 of this code. In addition to other penalties as set forth in Chapter 1.04 of this code, the city may also seek abatement of a violation by civil injunction through the appropriate court. (Ord. 5227 §§ 1, 3, 1996; Ord. 5013 § 1, 1992; Ord. 4023 § 24, 1977).
Chapter 5.36
GAS UTILITY TAX
Sections:
5.36.010 Definitions.
5.36.020 Amount.
5.36.030 Payment.
5.36.040 Account books.
5.36.050 Failure to make return.
5.36.060 Rights granted taxpayer upon payment.
5.36.070 Indemnification of City.
5.36.080 Taxpayer to supply maps.
5.36.090 Penalty for violation.
5.36.010 Definitions.
In construing the provisions of this chapter, the following definitions shall be applied, unless otherwise stated:
(1) “Person” means any company, corporation, association, partnership or individual;
(2) “Taxpayer” means any person subject to payment of a tax herein provided;
(3) “Natural gas utilities system” means the business of constructing, maintaining and selling at wholesale or retail natural gas and the distribution thereof;
(4) “Gross local service revenues” shall be as defined under Order Number 43946 of the Public Utility Commissioner of the State of Oregon, this order being entered on November 6, 1967, and stated as follows:
“Gross Revenue” shall mean revenues received by utilities from operations within the City less net uncollectibles. Gross revenues of gas shall include revenues from the use, rental or lease of operating facilities of the utility other than residential-type space and water heating equipment. Gross revenue shall not include proceeds from the sale of bonds, mortgages or other evidences of indebtedness, securities or stock, sales at wholesale by one public utility to another when the utility purchasing the services is not the ultimate consumer, revenue from joint pool use or revenue paid directly by the United States of America or any of its agencies.
(Ord. 3519 § 1, 1970).
5.36.020 Amount.
The occupational tax upon the natural gas utilities system for the privilege of engaging in business within the City is hereby continued. The tax shall be paid monthly equal to the sum of five per-
cent of gross local service revenues as defined in Order Number 43946 of the Public Utility Commissioner of the State of Oregon, this order being entered on November 6, 1967. (Ord. 4962 § 1, 1991; Ord. 4885 § 1, 1990; Ord. 3519 § 2, 1970).
5.36.030 Payment.
The tax shall be payable monthly on or before the fifteenth day of the month. A report setting forth the gross local service revenues of the business less net uncollectibles during the preceding month covering the report shall be transmitted to the City recorder with the payment. (Ord. 4885 § 2, 1990; Ord. 3519 § 3, 1970).
5.36.040 Account books.
Each taxpayer shall keep books of account which properly reflect the amount of gross local service receipts. The books of account shall be open to inspection by the City Manager or his/her designee for the purpose of verifying the required amount of tax to be paid. (Ord. 5013 § 1, 1992; Ord. 4885 § 3, 1990; Ord. 3519 § 4, 1970).
5.36.050 Failure to make return.
If the taxpayer shall fail to make a return or the City Manager is dissatisfied as to the correctness of the return, the City Manager may fix a time and place for the investigation of the correctness of the return, and may, by subpoena, require the taxpayer to produce for investigation such books of account as may be necessary to properly ascertain the amount of tax due. After ascertaining the proper amount of tax due, the City Manager shall notify the taxpayer of his/her findings. If additional tax is due and not paid within 10 days of receipt of the notice, the City Manager shall notify the City Attorney to enforce collection of the same. It is unlawful for any person liable to tax hereunder to fail to make a return or pay the tax when due, or to make a false or fraudulent return or a statement or representation in or in connection with any such return, or to allow or abet another in any attempt to evade payment of tax or fail to appear and testify in response to a subpoena issued pursuant hereto, or to testify falsely upon any investigation of the correctness of a return, or in any manner to hinder or delay the City or any of its officers in carrying out the provisions of this chapter. (Ord. 3519 § 5, 1970).
5.36.060 Rights granted taxpayer upon payment.
Upon payment of taxes herein provided, the taxpayer shall be entitled to operate and maintain a gas utility system within the City and to install, maintain and operate on and under the streets, bridges and public places in the City, facilities for the transmission and distribution of gas to inhabitants and customers within and without the limits of the City and to transmit and distribute and to sell gas. (Ord. 3519 § 6, 1970).
5.36.070 Indemnification of City.
The taxpayers shall indemnify and save harmless the City and its officers, agents and employees from any and all loss, cost and expense arising from damage to property and/or injury or death of persons due to any wrongful or negligent act or omission of the taxpayer, its agents or employees in the installation, maintenance and operation of the gas utilities system within the City. (Ord. 3519 § 7, 1970).
5.36.080 Taxpayer to supply maps.
The taxpayers shall maintain on file at an office in Oregon, maps and operational data pertaining to its operations within the City. The City may inspect the maps and data at any time during business hours and, upon request of the City, the taxpayer shall furnish the City, without charge, on a current basis, maps showing the location of all gas mains of the taxpayer within the City. (Ord. 3519 § 8, 1970).
5.36.090 Penalty for violation.
Any person violating the provisions of this chapter, upon conviction thereof in the Municipal Court, shall be punished in accordance with Chapter 1.04 AMC. Each day of continued violation shall be considered a separate offense and be subject to punishment as a separate offense. (Ord. 4885 § 4, 1990; Ord. 3519 § 9, 1970).
Chapter 5.40
SEPTIC TANK CLEANING TRUCKS
(Repealed by Ord. 5165)
