Businesses in General


110.001 Purpose of business registration

110.002 Definitions

110.003 Registration

110.004 Penalties

110.005 Coverage and Rates

110.006 Nonresident proprietors

110.007 Transfer and assignment of registration

110.008 Business registration non-contractual

110.009 Exempt businesses

110.010 Payment of business registration fees; nonrefundable; temporary registration

110.011 Application

110.012 Misrepresentation by applicant

110.013 Use of public rights-of-way, City property

110.014 Regulation of hours

110.015 Violation

110.016 Concurrent remedies

110.017 Business registration fee reduction or waiver; fee; appeal


Taxicab Regulations


110.030 Purpose

110.031 Definitions

110.032 General operating procedure

110.033 Taxicab company license required

110.034 Applications for taxicab company license

110.035 Liability insurance

110.036 License fee

110.037 Denial, revocation or suspension of license and permit

110.038 Taxi stands; fee

110.039 Driver’s permits required

110.040 Application

110.041 Denial of permit

110.042 Renewal of driver’s permit


110.043 Appeals

110.044 Conduct of drivers


110.999 Penalty

Appendix A: Business License Application


Solid waste management franchises, see Chapter 50









This subchapter is enacted for the purposes of providing for the health, safety and welfare of the citizens of Tillamook by raising revenue for municipal purposes, to provide revenue to pay for the necessary expense required to issue the business registration and for business identification. The registration fees hereinafter imposed shall be in addition to all general ad valorem taxes now or hereafter levied pursuant to law, and shall be in addition to any and all other license or franchise fees otherwise imposed by the City of Tillamook under existing subchapters.

(Ord 1288, passed 4-7-2014)




AUCTIONS AND AUCTIONEERS.  Every person who shall by public outcry offer for sale, either as principal or agent, to the highest bidder on the spot, any article of merchandise or property, shall be deemed an AUCTIONEER, and every such sale shall be deemed an AUCTION; provided, however, that nothing in this section shall apply to judicial sales, nor to sales by executors, administrators or trustees under court order.


  1. As a noun, shall mean all manufacturers, professions, trades, occupations and shops of all and every kind carried on for profit
  2. As a verb shall mean any lawful activity or enterprise engaged in for gain, benefit, advantage or livelihood.
  3. A business shall also be determined by the discrete location(s) which are encompassed by the enterprises accounting records.


CITY PROPERTY.  For the purposes of this and other subchapter(s), property owned and/or controlled by the city as described in this or other subchapter(s). For example, city property include, but is not limited to, highways, roadways, public rights of way, sidewalks, alleys, parking lots, parks, open spaces and any other city owned property. (This does not include private parking lots or private property; either open to the public or controlled access).


EMPLOYEE/EMPLOYER.  Any owner, operator, sales person, agent or worker whether paid by salary, bonus, commission, piecework or hourly wage and associated with or working for any commercial, professional, fraternal or public establishment within the City of Tillamook, unless excluded through franchise agreement or Federal or State laws.


EMPLOYEE/EMPLOYER VOLUNTEER.  Any person, who not for compensation, acting or serving willingly and with no constraint or guarantee of reward, performs any function(s) normally done by an Employee/Employer in any commercial, professional, fraternal or public establishment within the City of Tillamook, unless excluded through franchise agreement or Federal or State laws.


FISCAL YEAR.  July 1 to June 30.


HAWKER.  Any person who, for himself or as agent of another, carries for sale and offers for sale, or exposes for sale, any goods, wares, or merchandise, or any article or thing for which a price is asked, in or on the streets, to customers 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 the street, whether making outcry or not.


NON-PROFIT.  For the purposes of this subchapter, the person which is:

  1. Organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals
  2. For which no part of the net earnings inures to the benefit of a private shareholder or individual
  3. By which no substantial part of the person’s activities is for carrying on propaganda or otherwise attempting to influence legislation and which does not participate in or intervene in, including the publishing or distributing of statements, any political campaign on behalf of any candidate for public office and possessing a certificate from the Internal Revenue Service to that effect.


PEDDLE. Any sale, or offering for sale, or exposing for sale of any goods, wares, or merchandise, or any article or thing for which a price is asked by a peddler in pursuance of his occupation as a peddler, but shall not be construed to include any wholesaler selling directly to a licensed business.


PEDDLER.  Any person who, for himself or as agent for another, goes from place to place, or from house to house within the City of Tillamook, carrying for sale and offering or exposing for sale at retail any goods, wares, or merchandise, or any article or thing for which a price is asked.


PERSON.  All corporations, associations, syndicates, partnerships of every kind, joint ventures, societies and individuals, whether for profit or non-profit, transacting and carrying on business in the City of Tillamook, Oregon.


RETAIL.  Any sale direct to the ultimate consumer or user for consumption or use and not for resale purposes; provided, however, that the above definition shall not be deemed to include persons engaged in the sale of goods, wares and merchandise to dealers by commercial travelers or sales agents in the usual course of business, nor bona fide sales of goods, wares or merchandise by the same for future delivery in interstate commerce, or to the sale of staple products by the grower thereof or his employee.


SOLICITOR.  Every person or individual who goes from house to house or from place to place within the City of Tillamook selling, offering to sell or taking orders for any products, wares, merchandise or any article or service whether payment is made prior to receiving purchased goods/services or delivery is made upon payment. The term “solicitor” shall not include any commercial traveler receiving orders for goods at wholesale from merchants nor shall said term include any person seeking customers for farm fresh products.


TRANSIENT MERCHANT.  A person who temporarily occupies a fixed location, sells and delivers from stock on hand, and does business in much the same manner as a permanent business.


UMBRELLA REGISTRATION. A single business registration for a number of business or activities on special occasions. Examples include, but are not limited to, the following:

  1. Insurance, real estate or other agency-type where brokers supervise independent agents
  2. The Chamber of Commerce’s June Dairy Parade
  3. Tillamook Revitalization Association’s events and/or Tillamook Farmers’ Market.

(Ord. 1288, passed 4-7-2014)



§ 110.003  REGISTRATION.


  1. On or after July 1, 2002, any person who operates a business or conducts business, to include peddlers, solicitors, hawkers and occult arts, within the jurisdiction of the City of Tillamook, Oregon, shall first obtain a business registration registering that business. The applicant shall apply on a form approved by the City and shall pay a fee for the registration in advance. Fees for this Ordinance shall be set by resolution of the Tillamook City Council.
  2. Any person that carries on or engages in a business that does not comply with City Code or Regulation is prohibited from being issued a business license. Additionally, currently held licenses may be revoked for violation of City Code or Regulation.
  3. Registrations shall be valid for one 365 day year, the period being July 1st to June 30th. Registrations are renewable on July 1st of each year, with renewal notices sent out in May of each year. A late fee will be assessed if not paid by July 1. Additional penalty and citation into Tillamook Municipal Court will be issued 15 days from the date of the written late notice.

(Ord. 1288, passed 4-7-2014, Ordinance 1302, passed 6-2-2015)


110.004  PENALTIES.


  1. Penalty(s) for violation of any section of this subchapter are to be set by resolution.
  2. Each day’s violation of a provision of this Subchapter constitutes a separate violation.
  3. A citation or other charging instrument filed in court shall include all violations from the date of any written warning notice (a.k.a. abatement) as cited in the charging instrument.

(Ord. 1288, passed 4-7-2014)





This subchapter shall apply to manufacturers, trades, professions, occupations, businesses and shops of every kind, unless otherwise exempted. All business registration fees shall be established by resolution of the Tillamook City Council.






Any agent or agents of non-resident proprietors engaged in any business in the City of Tillamook shall be personally liable for the business registration fee required and shall be subject to the penalties hereof for the failure to pay that fee to the same extent as if they were themselves the proprietors of the business. The act of advertising within the city, of and by itself, shall not require a business registration under this subchapter.

(Ord. 1288, passed 4-7-2014)





No transfer or assignment of any business registration issued here shall be valid or permitted, except as follows:

A business registration may be transferred or assigned for only the remainder of the registration period when the successive business continues the same use and level of use of the property, when the number of employees remains the same or less, and when City is notified and paid a transfer or assignment fee, as set by resolution.

(Ord. 1288, passed 4-7-2014)






The registration application is not a contract between City and registrant or any other person. City may unilaterally at any time raise registration fees. However, the increased fee shall apply to the next fiscal year’s registration fee and/or to registrations issued subsequent to the effective date of any new fee.

(Ord. 1288, passed 4-7-2014)





The following are exempt from the provisions of this subchapter:

  1. Government agencies
  2. Non-profit organizations which are federally tax exempt unless the non-profit organization is carrying an umbrella registration as defined in this subchapter.
  3. Home based businesses operated solely by the owner with no employees (i.e. babysitting/childcare where the individual either goes to the person’s home or does babysitting in their home, music teachers, house cleaning, cosmetic sales, yard care, odd jobs, mending, etc. if the average weekly hours for any given month do not exceed 10 hours) Daycare facilities as defined by the zoning subchapter do not qualify for this exemption.
  4. Individuals below the age of 18 who do not operate a commercial business establishment or have other employees.
  5. Garage sales permitted under City ordinance.
  6. Non-resident businesses offering merchandise by catalog or by telecommunications for future delivery to the customer.
  7. Construction subcontractors working under a general contractor who possess a valid business license.
  8. Any agent or business specifically exempted by State Law.
  9. Delivery services unless the deliverer operates from a facility based within the city’s jurisdiction

(Ord. 1288, passed 4-7-2014)





It shall be unlawful for any persons to carry on any business, trade, occupation, profession, or calling, or transact any business as described in this subchapter, without first paying in advance the registration fee as set by resolution. For the purpose of fairness the City shall allow registration fees to be prorated for new applicants not applying on July 1. Fees shall be calculated for the remainder of the fiscal year by quarters. A business may register for a temporary license under this subchapter for up to three (3) months and the fee shall be one third of the yearly fee.

(Ord. 1288, passed 4-7-2014)





Business registration is effective from July 1 to June 30 of each year. On or before the first day of July of each and every business registration year after the passage of this subchapter, every person/business as defined in the subchapter, engaged in a business, in the City of Tillamook, Oregon, shall make application to the City upon a form furnished by the City, for a business registration to carry on his/her business for the year in question.


The applications shall be numbered consecutively; they shall have the year for which application for business registration is applied, printed or stamped thereon, and shall contain the following information:

  1. Amount of business registration fee tendered with application
  2. Signature of applicant or agent making application
  3. Date of application
  4. Type of business
  5. Any other information the City Manager or City Recorder or common council deems said application should contain.


The same application standard shall apply for those making application during the business registration year. The City Manager, City Recorder or their designee shall be empowered to issue a business registration upon receipt of proper application and appropriate fee paid. If a question arises between the applicant for a business registration and the City, as to fee or otherwise, the same may be referred to the common council for its determination. This determination may be made by the common council at the next regularly scheduled council meeting. The determination of the council shall be final. Each business registration issued under the provisions hereof shall at all times be displayed in a conspicuous place in the business.  Replacement license costs shall be established by resolution.

(Ord. 1288, passed 4-7-2014)




It shall be a violation of this subchapter for any person to willfully make any false or misleading statement in his/her application for the purpose of determining the amount of any business registration to be paid, or to fail or refuse to comply with any of the provisions of this subchapter. The penalty for violation of this section shall be set by resolution. The conviction of any person for violation of any of the provisions of this subchapter shall not relieve said person from paying any business registration fee or penalty for which said person shall be liable, nor shall the payment of any business registration fee be a bar to or prevent prosecution in the City Municipal Court of any complaint for the violation of any of the provisions of this subchapter.

(Ord. 1288, passed 4-7-2014)





It shall be a violation of this subchapter for any business, person conduction business, peddler, solicitor, hawker or other activity described in this subchapter as requiring a business registration, to conduct business, operate a business, solicit, peddle, hawk, or conduct any other activity described in this subchapter, on any public rights of way or city property, as defined in this subchapter, without written approval of the City of Tillamook. Penalty for violation of this subchapter shall be set by resolution.

(Ord. 1288, passed 4-7-2014)





No peddler, solicitor or hawker registered under this subchapter shall solicit before the hour of 9:00 a.m. or after the hour of 8:00 p.m.

(Ord. 1288, passed 4-7-2014)




110.015  VIOLATION.


Upon conviction of a violation of this subchapter, the court shall order the defendant to pay any cost, disbursement, fee, fine, or penalty authorized by this subchapter or as amended.


Each day or distinct time period of a violation as described in this subchapter, shall be considered a separate violation, subject to a separate penalty as described in this subchapter and by resolution.  Fees and fines identified in this subchapter shall be set by resolution.

(Ord. 1288, passed 4-7-2014)





In addition to the penalties heretofore provided, and as separate and distinct remedies, the City of Tillamook may sue in any court of competent jurisdiction to obtain judgment and to enforce payment of any business registration fee due pursuant to the provisions of this subchapter and to seek injunctive relief against any person violating this subchapter. Attorney fees, costs, disbursements and/or prevailing party fees shall be awarded to the prevailing party, unless otherwise agreed or waived by City.

(Ord. 1288, passed 4-7-2014)





A person may apply for a reduction or waiver of the business registration fee by submitting a letter justifying the request to the City Manager.  The City Council or City Manager, may grant in writing, a reduction or waiver of the business registration fee for good cause shown, hardship or equity.  The City Manager may refer an application directly to the City Council.  The applicant may appeal, without additional fee, the City Manager’s decision to the City Council.

(Ord. 1288, passed 4-7-2014)





110.030  PURPOSE.


It is the purpose of this subchapter to require that those persons operating taxicabs do so in a safe, fair and efficient manner.  Because taxicabs constitute an essential part of the city’s transportation system, some regulation is necessary to ensure that the safety and well‑being of its citizens is protected, the public need provided and the public convenience promoted.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)





For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


  1.   A person or entity who has applied for a license to operate a taxicab company or to whom a license to operate a taxicab company has been issued.


  1.   To drive a vehicle, to use a vehicle in the conduct of business, to receive money from the use of a vehicle, or to cause or allow another person to do the same.


  1.   A person who has applied for a permit to operate a taxi or to whom a permit to operate a taxi has been issued.


TAXI or TAXICAB.  Every motor vehicle which carries passengers for hire and has a seating capacity of nine passengers or less, as per manufacturer’s rating; excepting, however, that motor vehicles for rent without drivers and motor vehicles of private nonprofit organizations which provide transportation of passengers for hire, or not for hire, and are not operated exclusively over a fixed and defined route are not TAXIS or TAXICABS.


TAXICAB COMPANY.  A person or any entity operating taxicabs other than as a driver and regardless of whether the vehicles so operated are owned by the company, leased or owned by individual members of the company.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)





All taxis operating within the limits of the city shall be clean, properly equipped and in safe condition for the transportation of passengers.  Further, the vehicle shall be clearly marked Ataxi@ or Ataxicab@ in an approved method.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)





No person shall conduct business as a taxicab company within the corporate limits of this city without first obtaining from the City Recorder a license permitting the operation of a taxicab company business.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)  Penalty, see ‘ 110.999






(A)  Any person making application for a license to operate a taxicab company business within the city shall produce satisfactory evidence at the time of making application for a license that the applicant has complied with all the laws of the state with reference to registration of the automotive equipment to be used under the license.


(B)  In addition, each applicant shall furnish the following information to the City Recorder under oath:


(1)   Name under which business is to be conducted;


(2)   Name and address of all owners or persons having an interest in the business;


(3)   Name and address of each operator;


(4)   Name, make and identification of all vehicles to be operated;


(5)   Name and address of the insurance company or companies (together with policy numbers) in which the liability insurance coverage required in ‘ 110.035 is in force;


(6)   Applicant’s certification of giving direction to all insurance companies to give 15 days’ advance notice to City Recorder of the company’s intention to cancel any policy on any of the applicant’s taxicabs, and requiring the same to be included on all policies; and


(7)   Any additional information as the City Manager may require for the efficient administration of this subchapter, including but not limited to fingerprints, criminal record, if any, and motor vehicle driving record of all persons having an interest in the business.


(C)  The application shall thereupon be submitted to the office of City Manager for investigation.  If the City Manager finds from his or her investigation that the following divisions (C)(1) through (C)(5) apply, the City Manager shall direct the City Recorder to issue the license:


(1)   The applicant (and all persons having an interest in the business) has complied with all the applicable laws of the state and the ordinances of this city;


(2)   Applicant (and all persons having an interest in the business) is financially responsible and adequately equipped to conduct the business;


(3)   The equipment listed is safe for operation;


(4)   The operation is not contrary to the public interest; and



(5)   The granting of the license will not result in the impairment of the ability of existing operators to serve the public adequately.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)





A licensee who operates a taxicab or taxicab company in the city shall at all times have in full force and effect as to each taxicab in operation, liability and property damage insurance policy or policies issued by an insurance company licensed to conduct insurance business in the state.  The minimum limits of insurance coverage for liability for injury to person shall not be less than $100,000 as to any one person and $300,000 in any single occurrence for injuries to more than one person, and $50,000 for damage to property.  Proof of this insurance shall be filed with the City Recorder, who shall be entitled to receive 15 days’ notice in advance of any insurance company’s intention to cancel any policy on any taxicab.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)



110.036  LICENSE FEE.


After the application has been approved by the City Manager, the City Recorder shall, upon payment of fees established by the City Council in this subchapter or as may hereafter be amended by resolution of the City Council, grant a license to the applicant to operate a taxicab company.  The annual license fee is as follows: for each vehicle to be operated as a taxi, the sum of $25.00 per year; provided, however, that the license may be issued semi‑annually upon the payment of $12.50, the license to expire on June 30 and December 31 of each year.  Each taxi shall carry its own license which shall be plainly visible in the vehicle at all times.  The license shall not be transferable to another licensee or to another vehicle; provided, however, that the City Manager in his or her discretion may authorize a transfer of a license from a less serviceable vehicle to a more serviceable vehicle and waive payment of the regular license fee upon proof that the less serviceable vehicle has been permanently withdrawn from use in carrying passengers for hire by the licensee, or upon proof that the previous vehicle is in a temporary state of needing service and repairs.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)





(A)  Except as herein provided, a license to operate a taxicab company and a permit to operate a taxi shall be denied, revoked or suspended by the City Manager when either of the following has occurred with respect to any licensee or permittee:


(1)   Conviction of a felony within the past five years;


(2)   Conviction of a crime involving moral turpitude;



(3)   Conviction of a major traffic offense within the past five years;


(4)   Repeated violation of the laws of the state;


(5)   Repeated violation of the ordinances of the city;


(6)   Violation of the terms of this subchapter;


(7)   Physical or mental illness or disability which may make the operation of a taxicab hazardous to members of the public; or


(8)   Engaging in any of the following acts of misconduct:


(a)   Allow another person to use his or her driver’s permit;


(b)   Operate a taxi while under the influence of intoxicants or in a careless or reckless manner;


(c)   Use a taxicab in the commission of any crime; or


(d)   Defraud a passenger in any way.


(B)  Upon receiving information that any licensee or permittee has engaged in any conduct prohibited by division (A) of this section, or has been convicted in any manner proscribed by division (A) of this section, the City Manager shall give written notice by United States mail to the licensee/permittee at his or her last known address or by personally delivering the notice to him or her, stating that unless the licensee/permittee appears at the office of the City Manager, City Hall, Tillamook, Oregon, at a designated date and hour, which shall be not sooner than five days nor longer than 14 days from the date the notice is mailed or is personally delivered, and shows good cause why his or her license/permit should not be revoked, it will be revoked.  The notice shall state the reason for the revocation or proposed revocation.  After hearing the evidence produced by licensee/permittee, the City Manager shall within five days thereafter make a determination as to whether the license/permit should be revoked.


(C)  The City Manager shall have the authority to summarily and without prior notice suspend a license and permit for a period of ten days where facts of a strong and convincing nature come into his or her possession causing him or her to have strong reason to believe that the licensee/permittee’s license/permit should be revoked under the provisions of this subchapter and that the following of the procedure of giving notice as set forth in division (B) of this section could reasonably result in serious or irreparable injury to the best interests of the city and/or its citizens.  At the same time the City Manager issues a suspension order as provided in this section, he or she shall forward a notice to the licensee/permittee for a hearing as provided in division (B) of this section.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980; Ord. 1166, passed 7-2-2001)




110.038  TAXI STANDS; FEE.


Whenever a license has been issued in accordance with the provisions of this subchapter for the operation of a taxi within the corporate limits of the city, application may be made to the City Council of the city for the designation by the Council of a taxi stand upon the street or streets of the city, and proper marking thereof upon the curb of the street so designated for the use and benefit of the licensee.  The annual permit fee for each and every taxicab stand shall be $150.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)





No person shall drive or allow another person to drive a taxicab without a valid State Class 4 license and a taxicab driver’s permit issued under ‘ 110.040.  Taxicab driver’s permits shall be valid for no more than one year and all permits shall expire on December 31 of each year.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980; Ord. 1093, passed 3-20-1989)





An applicant for a taxicab driver’s permit shall submit to the Chief of Police an application form containing any information as the city may require, including two passport-size photographs and a nonrefundable fee of $10.  The information given by the applicant shall be under oath.  The applicant shall submit to fingerprinting if required to do so.  Driver’s permits shall be renewed upon the payment of a renewal fee of $10 on or before December 1 of each year.  If any of the information contained in the application changes, the applicant or permittee shall promptly report the change to the city.  Upon presentation of convincing evidence that a taxicab driver’s permit has been lost or destroyed and a payment of a replacement fee of $5, the city shall issue a replacement permit.  The Chief of Police shall submit all applications and information to the office of City Manager for issuance or renewal of a taxicab driver’s permit.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)




No taxicab driver’s permit shall be issued to any person that the permit, had it been issued, should be revoked for any of the grounds for revocation set forth in ‘ 110.037.  The grounds for revocation of a license/permit set forth in ‘ 110.037 are adopted by this reference as grounds for the denial of a driver’s permit in the first instance.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)






Any driver’s permit may be renewed only upon the determination by the City Manager that if it were in force it should not be revoked as provided in ‘ 110.037.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)



110.043  APPEALS.


The denial of issuance, or revocation/suspension of any license or permit, by the office of the City Manager is subject to appeal before the City Council.  Any appeal must be submitted to the office of the City Manager in writing at least five days prior to a regularly scheduled Council meeting.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)





No taxicab driver shall:


(A)  Operate a taxi in a manner contrary to the laws of this city or state;


(B)  Use profane or obscene language while operating a taxicab;


(C)  Smoke or chew tobacco without the consent of the passenger;


(D)  Be discourteous to a passenger or fail to accede to a passenger’s reasonable request;


(E)  Drive a passenger to his or her destination by any other than the most direct route, unless requested to do so by the passenger; or


(F)   Refuse to issue a receipt for a fare paid, if one is requested.

(1977 Code, ‘ 6-17)  (Ord. 984, passed 9-15-1980)




110.999  PENALTY.


(A)  Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ‘ 10.99.

(Ord. 1301, passed 4-20-2015)



Appendix A–Business License Application

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