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HomeMy WebLinkAbout1228ORDINANCE NO. 1228 An ordinance providing for a business license tax within the City of Ashland, oregon, providing for penalties for violation thereof, and declaring an emergency. WHEREAS, the foundation of the economy of the City of Ashland has primarily been the lumber industry, and WHEREAS, due to the depletion of timber resources there will be undoubtedly a curtailment in the lumber industry in the area in the ensuing years, and WHEREAS, the contemplated by-pass of the City of Ashland by the relocation of Highway 99 will undoubtedly injuriously affect the economy of the City, and WHEREAS, the Chamber of Commerce, other civic groups and the Common Council believe that it is desirable and necessary to bolster the economy of our area to encourage new industries to locate in the City of Ashland area, and WHEREAS, there is a trend in the United States for industries to locate in relatively smaller cities such as Ashland, and WHEREAS, the cities of the United States are strongly for new industry, and WHEREAS, it is the desire of the City to cooperate with the State of Oregon in encouraging industry to move into the State and more particularly into the Ashland area, and WHEREAS, it is the opinion of the Common Council that the City~ for the benefit of its citizens, must take aggressive action tO accomplish the foregoing, .. NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Section 1. The business license P1LVDOSe and scoOe. terms of this ordinance are for revenue purposes fees imposed by the only. Neither the I acceptance of the prescribed fee nor the issuance of the applicable license shall be construed to constitute a regulation of any business activity or a permit to engage in any activity otherwise prohibited by law or ordinance, or a waiver of any regulatory licensing require- ment imposed by any ordinance other than this. Section 2. Definitions "~ a. Business - Any activity carried on with the intent: (1) That a profit be realized therefrom; and (2) That the profit, if any, inure to the benefit of the o~mer or owners of the activity. The renting of real prop- erty shall not be considered a business. b. Profit - The excess of gross receipts over expense. c. 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. d. Doing or transacting business - Any act or series of acts performed in the course or pursuit of a business activity. e. Person - Includes a person, co-partner, .or corporation. singular includes plural, and masculine pronouns include the feminine and neuter when applicable to this term. Section 3. for himself, or as agent or employee of another, to do business within the City of ~s~and~ Oregon, ~"~less a. Such business has been duly licensed as herein provided; and b. ~he license is valid at the time of the transaction. ~ection ~ssuance. ~po~ receipt of an applicatio~ d~ly signed and e~ecuted as ~erei~after p~esc~i~ed~ together with the required ~ee, the City Recorder shall issue a business license to any applicant desiring to.~ra~q~ ,q~q~n~c~an~ lawful b~iness within the city. Licenses so issued shall not be transferable and ahall be valid until the ~Oth day of June next following the date of issuance of the license. At all times after the issuance of the license, the ticenseee 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; provided, that where the licensee has no office, business premises or other estab- lished place of business within the City, the license shall be in possession of a representative of the business present within the City at all times during which business is being transacted by any employee or representative within the City. Section 5. Applications; Seasonal Employees. a. Applications for business licenses shall be submitted on forms to be provided by the City Recorder. Every such application shall be signed by the owner or his duly authorized agent and shall contain the following information: Name of person or persons owning business; (l) (3) (6) Assumed business name, if any; Address of business premises, or address, if different~ Nature of business; business mailing Number of employees as of date of appiiCa~ion, if applicable; Number of seasonal employees as ~f date of appli- cation, and length of employment season applicable thereto; (7) Number of living or space-rental units, if applicable; and (8) Where the business includes activities classifiable in two or more categories, the primary or predominate activity should be designated. Where the business premises of an applicant are situated outside of the City, the application shall specify the number of employees to be engaged in the transaction of the business within the City and the license issued on the basis thereof shall be valid only to permit the specified number of employees to transact business within the City -3- at any one time. License fees shall be computed on the basis of information contained in the application, and it shall be unlawful for any person knowingly to sign or submit a business license appli- cation containing false information. b. In the event that a business at the time of submitting the application for a license, has seasonal employees, as hereinafter defined, on its payroll, the number of such employees to be taken into account for the purpose of computing the tax shall be that proportion of the total number of seasonal employees which that number of whole months in the employment season bears to the total number of months in the license period. A seasonal employee shall mean a person employed for a continuous period of not more than two (2) months in contemplation of a season of activity which recurs annually in the normal course of such business or of like businesses. The employment season shall mean that period of time, to the nearest fifteen days, for which the business, or a like business, would normally expect to employ the seasonal employee, taking into consideration past experiences, and production capacity, material resources and marketing conditions in the .~,lt~®nsa~pe~e~.~ ~F~!~e~p~Dose,j~o£ ~e~rmint~g the~num~er of whole months in an employment consecutive days. Contents of licenses. in the name of the business season, a month shall consist of thirty Section 6. Licenses shall be issued to the applicant to be licensed and shall designate the nature of the business, the address, if any, of the business premises, and the date of issuance. Section 7. Two or more business Premises: two or more businesses on same premises. The conducting of a business or businesses at two or mere 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 i.~remises are primarily appropriated and based upon the total ntnnber of employees or other units on the whole oremises shall be sufficient for all such activities; provided, any business activity leased, under concession to, or o~lrned wholly or in part by a different person or persons on the same premises must be separately licensed. In deter- mining whether different activities on the same premises are related to the primary use within the meaning of this section, normal and ordin}.ry customs and usages of businesses considered. Business license term. of like nature shall be Section 8. For the fiscal year commencing July 1, 19~Y and ending June 30, 1958, the business license term shall be the period beginning April 1, 19~8 and ending June 30, 19%8, and for sub- sequent fiscal years, the business license term shall be the twelve month period beginnin~ on July 1 of each year and ending June 30 of ~i~ndar ~y~a~'f~ll~ prOVided; 'that if any-business' subject to the provisions of this ordinance shall C0me~i~tg~Xi~&nce, ~r for the first time commence its operations within the City, at any time after July i of any business license period, ~he license fee !~ayable in connection with the said business for said current business License period shall be ~ro rated as of the beginning date of the quarterly period during which said activity begins. The quarterly periods for the purposes hereof shall begin on the first days of July, October, January, and April of each year. The license fee for a business existing as of April l, 1958 for the fiscal year ending June ]~, 19~8 shall be one-fourth of the hereinafter mentioned annual license fee. Section 9. License fee schedule. The license fee for any business taxed hereunder shall be computed on the basis of the following schedule: a. Business which has operated during orevious entire year and received a gross income of less than ~10DO.D0. k~o fee b. 1 to 2 owners and/or employees. ~12.50 c. 3 to 6 o~ners and/or employees. . ~20.00 d. Over 6 o~naers and/or employees. . $30.00 Section 10. ~ ,~l~:'/~ ~/~ ~/ Use of license fees. All funds received from license fees~ fines and forfeitures hereunder shall be placed in a fund separate and segregated from any other fund of the City of ~shland. After the deduction of administrative expense~ all the funds derived from said fees~ fines and forfeitures shall be used exclusively for the develop- :nent of the economic resources of the City of ~shland by such means as the 2urchase of industrial sites~ conducting of industrial surveys to ascertain the ty0es of industry that can be attracted to this area, the direct contact of prospective businesses and industries to encour- age their establishment in Ashland, expansion of the tourist industry through assistance in the development of the recreational facilities of this area and the enco~ragement of retired and working people to become residents of the City. That there shall be established in the City of ashland~ Jackson County~ 0re~on~ a commission of five members to be known as the Ashland ~conomic Development Commission~ who shall serve without compensation. Said members shall be residents of Ashland and shall be appointed by the Mayor with the approval of the Council. That the Chairman of the Common Council, Chairman of the Planning Commis- sion and President of the Ashland Chamber of Commerce shall be ex officio officers on said Co~mnission. At the first meeting of the Co~mission the five appointed members -6- shall choose their term of office by lot as follows: 2 for i year 2 for 2 years i for 3 years and thereafter shall notify the Mayor and Common Council in writing of such allotment. Their successors shall hold office for three years. Any vacancies shall be filled by appointment by the Mayor. with approval of the Council for the unexpired portion of the term. The Commission at its first meeting shall elect a Chairman, Vice Chairman and Secretary who shall hold office during the pleasure of the Commission. Three members of the Commission shall constitute a quorum. The Commission may make all the rules and regulations for its government and procedure consistent with the laws of the State of Oregon, the City Charter, City ordinances and this ordinance. It shall be the duty of the Commission to recommend to the Common Council the manner in which the economic growth of the City may be accomplished and to further recommend to the Common Council the manner in which the funds collected under this ordinance shall be expended. The Common Council shall authorize no expenditure of funds collected under this ordinance other than for administration purposes without first submitting such proposal to the Commission and receiving its recommendation in regard thereto. Section ll. If any section, sentence, paragraph or phrase of this ordinance, or the imposition, or manner of imposition, of any business license fee upon any activity herein specified, or included herein by implica- tion~ or the nature of any penalty or remedy herein prescribed for violation hereof, is unconstitutional or invalid for any reason, or if the inclusion of any word herein renders the ordinance, or any part thereof, invalid, then it is the intention of the Council that the remainder of the ordinance remain in full force and effect after the exclusion of such section, sentence, paragraph, phrase, word, business, penalty or remedy therefrom, and that where an alternative interpreta- tion of the ordinance would cure the defect such alternative inter- pretation be given thereto. Section 12. Evidence of doin~ business. In the trial of any alleged violation of this ordinance, evidence that the defendant made a public representa- tion, by way of advertisement by newspaper~ radio, television or similar medium or by signs conspicuously displayed for public view, that such business was being conducted~ expressly or impliedly 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 repres- entation, within the City on the date or dates during which such representations were made· Section 13. Penalties Any person violating any provision of this ordinance shall upon conviction thereof be punished by a fine not to exceed $100.00 or by imprisonment in the city jail for not to exceed fifty days or by both such fine and imprisonment in the discretion of the Judge of the City Court. Every full business day during which any business activity continues to be conducted in violation of this ordinance shall be deemed a separate offense. No license shall be issued to any person hereunder if such person has, previous to making application there- for, conducted a business within the City 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. The remedy specified in Subsections (a) and (b) hereof shall not be deemed exclusive and, at the option of the City of Ashland~ amounts due and payable hereunder oy 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 of Oregon. a license hereunder for the 1957-19~8 license period shall have until ~l, 1958 in which to file an application and to pay the pres- cribed fee for the issuance of the license. Section 15. ~ ~?~'~ This ordinance shall be in full force and effect to and including Section 16. EmerEencv. By reason of the fact that the fiscal year 1957-1958 has commenced and the first license period prescribed by this ordin- ance begins on April l, 1958 and it is essential~o the fiscal integrity and economic planning of the City of Ashland for said fiscal year, and to the public welfare, that this ordinance become immediately effective, an emergency is hereby declared to exist and this ordinance shall become effective immediately upon its adoption by the Co~uon Cobn~cil and the approval thereof by the Mayor. The foregoing ord~_nance was duly passed, under a suspension of therules~ at a regular meeting of the Common Council held on the ~ day of March~ 1958~ the vote being as follows: Ayes ~... ~ys .... / To all of which I hereby certify: Recorder ~pproved: Mayor