(a) The principal place of business of the contractor is within the city; or
(b) The principal place of business of the contractor is not within the city but the contractor derives gross receipts of $250,000 or more from business conducted within the boundaries of the city during the calendar year for which the business license tax is owed.
(2) A contractor who conducts business during any year in any city within the boundaries of the metropolitan service district other than a city to which the contractor has paid a business license tax for that year may apply for a business license from the metropolitan service district.
(3) When a contractor obtains a business license from the metropolitan service district under subsection (2) of this section, if a city within the boundaries of the metropolitan service district other than a city to which the contractor is required to directly pay a business license tax under subsection (1) of this section demands payment of a business license tax by the contractor, the city shall waive such payment upon presentation of proof by the contractor that the contractor has a business license issued by the metropolitan service district. Possession by the contractor of a current business license issued by the metropolitan service district under subsection (2) of this section shall be proof sufficient to obtain the waiver described in this subsection.
(4) The metropolitan service district shall issue a business license to a contractor when:
(a) The contractor presents proof to the district that the contractor has paid the business license tax imposed by each city within the boundaries of the district to which the contractor must directly pay a business license tax under subsection (1) of this section; and
(b) The contractor pays a license fee to the district. The license fee charged under this paragraph shall be twice the average business license tax charged contractors by cities located within the metropolitan service district plus an amount that is sufficient to reimburse the district for the administrative expenses of the district incurred in carrying out its duties under this section.
(5) The metropolitan service district shall distribute the business license fees collected by the district under this section, less administrative expenses, to the cities that are located wholly or partly within the district and that collect a business license tax. In any year, each such city shall receive such share of the license fees as the number of residential building permits that it issued during that year bears to the total number of residential building permits that were issued during that year by all of the cities located wholly or partly within the district. Distribution of moneys under this subsection shall be made at least once in each year. The metropolitan service district shall determine the number of residential building permits issued by cities within the district from statistics.
(6) As used in this section:
(a) "Business license tax" means any fee paid by a person to a city or county for any form of license that is required by the city or county in order to conduct business in that city or county. The term does not include any franchise fee or privilege tax imposed by a city upon a public utility under ORS 221.420 or 221.450 or any provision of a city charter.
(b) "Conducting business" means to engage in any activity in pursuit of gain including activities carried on by a person through officers, agents and employees as well as activities carried on by a person on that person’s own behalf.
(c) "Principal place of business" means the location in this state of the central administrative office of a person conducting business in this state. [1987 c.581 §2; 1989 c.1064 §§1,2; 1991 c.79 §2; 1999 c.176 §1; 2007 c.541 §44; 2015 c.180 §49]
Structure 2021 Oregon Revised Statutes
Chapter 701 - Construction Contractors and Contracts
Section 701.002 - Short title.
Section 701.005 - Definitions.
Section 701.010 - Exemptions from licensure; rules.
Section 701.013 - Intent relating to certain business license requirements.
Section 701.020 - Certain cities exempt from application of ORS 701.015.
Section 701.021 - License requirement; endorsements.
Section 701.026 - Subcontractor licensing; landscaping.
Section 701.031 - Evidence of doing business as contractor.
Section 701.038 - Residential limited contractors.
Section 701.042 - Residential or commercial developers.
Section 701.046 - License application.
Section 701.050 - Commercial contractor key employees.
Section 701.056 - Licensing application fee; rules.
Section 701.063 - Term of license; fee; renewal; inactive status; license identification card.
Section 701.068 - Bonding requirements; action against surety; rules.
Section 701.073 - Insurance required of licensed contractors.
Section 701.081 - Residential contractors; bond; insurance; responsible managing individual.
Section 701.082 - Residential contractor continuing education requirements; exemptions.
Section 701.086 - Key employee continuing education.
Section 701.091 - Responsible managing individual.
Section 701.093 - Change in responsible managing individual; temporary managing individual.
Section 701.094 - Definition for ORS 701.098 and 701.102; rules.
Section 701.102 - Sanction for past unresolved activity or outstanding matters; probation.
Section 701.106 - Sanction for violation or failure to comply with certain laws.
Section 701.107 - Sanction for assisting evasion of obligations.
Section 701.109 - Reporting of final judgments.
Section 701.119 - Certification to participate in small scale local energy project program.
Section 701.128 - Suit for damages for misrepresentation.
Section 701.133 - Notice of intent to file complaint; fees; rules.
Section 701.139 - Complaint validity; applicable resolution processes.
Section 701.143 - Requirement for timely filing of complaints; timelines.
Section 701.149 - Status reports; alternative dispute resolution.
Section 701.150 - Determination of amount to be paid from bond.
Section 701.153 - Recording of order as lien; satisfaction of order against residential contractor.
Section 701.157 - Satisfaction of order against commercial contractor.
Section 701.215 - Officers; quorum; compensation and expenses; advisory committees.
Section 701.238 - Determination of licensing application fee; rules.
Section 701.240 - Provision of licensed contractors list to other state agencies; rules.
Section 701.246 - Confidentiality of information; permissible disclosures.
Section 701.250 - Board to provide licensee’s status on request; fee.
Section 701.260 - Appeal committee; membership; duties.
Section 701.265 - Continuing education system for residential contractors; rules.
Section 701.267 - Agreements with continuing education providers; credits; fees.
Section 701.272 - Interagency agreements.
Section 701.310 - Cancellation of contract.
Section 701.312 - Additional grounds for placing contractor on probation.
Section 701.320 - Offer of warranty; withdrawal of contract offer.
Section 701.330 - Consumer notice form; notice of procedure form; rules.
Section 701.335 - Recommended maintenance schedule; rules.
Section 701.345 - Subcontractor list.
Section 701.348 - Sewer contractor requirements.
Section 701.410 - Definitions.
Section 701.430 - Performance bond; terms.
Section 701.435 - Deposits in lieu of cash retainage.
Section 701.440 - Applicability to federal projects.
Section 701.445 - Home inspectors; certification; rules; fees; exemption.
Section 701.470 - Licensing; exemptions; insurance.
Section 701.475 - Definitions for ORS 701.475 to 701.490.
Section 701.480 - Certification; licensing; holding out as locksmith or locksmithing business.
Section 701.490 - Exemptions from certification, licensure and other requirements.
Section 701.501 - Home services contractor license; exemption from testing and continuing education.
Section 701.505 - Definitions for ORS 701.505 to 701.515.
Section 701.510 - License required to engage in lead-based paint activity.
Section 701.515 - Licensing system; fees; rules.
Section 701.520 - Construction Contractors Board Lead-Based Paint Activities Fund.
Section 701.527 - Definitions for ORS 702.527 to 701.536.
Section 701.529 - Certification and licensing requirements; use of title.
Section 701.532 - Home energy assessor certification; training; rules; fees.
Section 701.536 - Assessor and contractor exemption from testing and continuing education.
Section 701.540 - Licensing; standards and practices; rules.
Section 701.545 - Provision of accessible features list to purchaser; effect.
Section 701.547 - Model list of accessibility features; rules.
Section 701.555 - Barrier-type exterior insulation and finish systems.
Section 701.560 - Definitions for ORS 701.560 to 701.595 and 701.605.
Section 701.565 - Notice of defect requirement; contents; mailing.
Section 701.575 - Availability of residence; scope of inspection; report of inspection results.
Section 701.585 - Effect of notice of defect on time for commencing court action.
Section 701.595 - Failure to follow notice of defect procedure.
Section 701.600 - Nonapplicability of ORS 701.560 to 701.595 and 701.605.
Section 701.605 - Recording of written warranty agreement.
Section 701.620 - Definitions for ORS 701.620 to 701.640.
Section 701.635 - Suspension of performance.
Section 701.640 - Prohibition against contrary provisions, covenants or clauses.
Section 701.645 - Contracts and housing not subject to ORS 701.620 to 701.640.
Section 701.990 - Criminal penalties.
Section 701.992 - Civil penalties and other sanctions; enforcement.