Title 8: Business Regulation

Summary

• 8.01 LIQUOR LICENSE CRITERIA
• 8.02 TRANSIENT ROOM TAX
• 8.03 SECONDHAND DEALERS
• 8.04 PUBLIC HEALTH LAWS AND CONTESTED CASE PROCEDURES
• 8.05 SOCIAL GAMBLING REGULATION
• 8.06 BINGO
• 8.07 ALARM SYSTEMS
• 8.08 FILM AND MEDIA PRODUCTION
• 8.09 MARIJUANA SALES TAX
• 8.10 SHORT TERM RENTALS

Chapter 8.01: 8.01 LIQUOR LICENSE CRITERIA

8.01.010 Policy and Purpose

The purpose of this chapter is to establish criteria to be considered by the Board of County Commissioners or its designees the County Clerk, the Clackamas County Sheriff's Office, and the Environmental Health Division, in providing information or making recommendations to the Oregon Liquor Control Commission concerning the granting, denying, or renewing of liquor licenses for premises within the unincorporated area of the County. In addition, this chapter will establish procedures to be used to investigate license applicants in order to provide accurate local information or make fair, effective, and efficient recommendations. This chapter is necessary to assist the Oregon Liquor Control Commission in ensuring that premises licensed to sell or dispense liquor within the County conduct business in a lawful, peaceful, safe, and sanitary manner. [Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 07-2010, 12/16/10]

8.01.020 Definitions

A. OLCC means Oregon Liquor Control Commission.

B. BOARD means Clackamas County Board of County Commissioners.

C. COMMISSIONER means Clackamas County Commissioner.

D. CLERK means Clackamas County Clerk.

E. SHERIFF means Clackamas County Sheriff's Office.

F. ENVIRONMENTAL HEALTH means Environmental Health Section of the Public Health Division of the Clackamas County Department of Human Services.

[Codified by Ord. 05-2000, 7/13/00]

8.01.030 Application Procedure

A. New Licenses. Any applicant for a liquor license, other than a license renewal, who is required by the OLCC to provide Clackamas County with notice of the filing of the application, shall present properly completed application forms prescribed by the OLCC, to the Clerk along with the appropriate processing fee.

B. Renewal Licenses. The Clerk will receive from the OLCC a list of all liquor licenses that are due to expire and are subject to a license renewal. Any applicant for renewal of a liquor license shall mail or deliver the County license renewal processing fee to the County Clerk at 2051 Kaen Rd. 2nd Floor, Oregon City, OR 97045. No application form is required by the County for license renewals. Applicants for license renewal must certify to the OLCC that they have paid the County fee. OLCC will provide the Clerk with a list of license renewal applicants who certify they have paid the County fee.

C. If the County does not provide information or a written recommendation regarding an applicant, as provided below, to the OLCC within the time allowed by ORS 471.166, OLCC will proceed as if the County had made a favorable recommendation. The County may request additional time as provided by statute or administrative rule.

D. Liquor license processing fees are nonrefundable.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 10-2001, 12/13/01; Amended by Ord. 07-2010, 12/16/10]

8.01.040 Investigation of License Applicants

A. The Clerk shall forward the liquor license application, or list of license renewals, for investigation by the Sheriff and Environmental Health. Each such County agency after investigation may send the Clerk copies of police reports or other informational documents regarding an applicant or location, or may provide the Clerk with summaries of relevant information and a written recommendation. This information or recommendation should be provided to the Clerk within 15 days after receipt of the application or list of renewals unless the agency receives permission from the Clerk for an extension of said time.

B. At the end of the investigation time described above, the Clerk shall forward any and all documentation it has received from County agencies to the OLCC for their use in determining whether to issue or renew a liquor license.

[Added by Ord. 07-2010, 12/16/10]

8.01.050 Criteria for Investigation

County agency investigations shall be focused on finding information related to an applicant or location that indicates that one or more of the following has occurred:

A. The application is incomplete;

B. The applicant fails to provide the Clerk or any County agency with reasonably requested information in a timely manner;

C. The applicant provides the County with false or misleading information;

D. The applicant has been convicted of, or pled guilty to, one or more of the following local, State, or Federal offenses within the last five years--

1. Driving while under the influence of intoxicants;

2. Drinking alcoholic liquor in a motor vehicle upon a highway;

3. Possession of a controlled substance;

4. Delivery of a controlled substance;

5. Manufacture of a controlled substance;

6. Furnishing alcohol to a minor; or

7. Any other offense involving moral turpitude;

E. The applicant has been under the influence of alcoholic liquor or controlled substances while on duty in a liquor establishment;

F. The applicant's record shows, through convictions, guilty pleas, civil compromises, administrative rulings, or other means, violation(s) of law(s), or code(s), or ordinance(s), connected in time, place and manner with a liquor establishment, including State alcoholic liquor and gambling laws;

G. The applicant has maintained, or allowed to exist, an establishment that creates or is a public nuisance under state law or County code or ordinance;

H. The applicant has maintained, or allowed to exist, an establishment in which any violation of Federal, State or County law regarding minors, gambling, alcoholic beverages, controlled substances, obscenity, or prostitution, or violations of Oregon Revised Statutes Chapters 163, 164, 165, or 166, by anyone has occurred;

I. The applicant has maintained, or allowed to exist, an establishment that creates an increase in disorderly or violent acts, litter, noise, vandalism, or vehicular or pedestrian traffic congestion, in reasonable proximity to the premises;

J. The applicant's premises put an unreasonable and excessive demand on County services, including law enforcement;

K. There are sufficient licensed premises in the locality, and public interest or convenience does not demand a new license or increase in selling or dispensing privilege;

L. There is a history of illegal activities, altercations, noisy conduct, or other disturbances in or around these particular premises; or

M. The applicant has demonstrated an unwillingness or inability to cooperate with County agencies and/or neighbors in resolving community disputes related to a liquor-licensed establishment.

N. The applicant has made false statements to the OLCC regarding payment of license renewal fees to the County.

O. There are present any conditions listed in ORS 471.313, OAR 845-005-0320, OAR 845-005-0325, OAR 845-005-0326, or OAR 845-005, 0355.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 10-2001, 12/13/01; Amended by Ord. 07-2010]

Chapter 8.02: 8.02 TRANSIENT ROOM TAX

8.02.010 Definitions

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.

A. ACCRUAL ACCOUNTING means the operator enters the rent due from a transient on their records when the rent is earned, whether or not it is paid.

B. BOARD means the Clackamas County Board of Commissioners.

C. CASH ACCOUNTING means the operator does not enter the rent due from a transient on their records until rent is paid.

D. COUNTY means Clackamas County.

E. HOTEL means any structure, or any portion of any structure, which is occupied or intended or designed for transient occupancy, for thirty (30) days or less, for dwelling, lodging, or sleeping purposes. This includes, but is not limited to, any hotel, motel, inn, bed and breakfast, space in mobile home or trailer parks, tourist home, condominium, hostel, studio hotel, lodging house, rooming house, apartment house, public or private dormitory, fraternity, sorority, public or private club, or similar structure or portions thereof so occupied.

F. OCCUPANCY means the use or possession, or the right to the use or possession, for lodging or sleeping purposes, of any room or rooms in a hotel, or space in a mobile home, or trailer park, or portion thereof.

G. OPERATOR means the person who is proprietor of the hotel in any capacity. Where the operator performs their functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as their principal. Compliance with the provisions of this chapter, by either the principal or the managing agent, shall be considered to be compliance by both.

H. PERSON means any individual, firm, partnership, joint venture, association, social club, service club, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

I. RENT means the consideration charged, whether or not received by the operator, for the occupancy of space in a hotel, valued in money, goods, labor, credits, property, or any other consideration valued in money, without any deduction; but does not include the sale of any goods, services, and commodities, other than the furnishing of room accommodations and parking space in mobile home parks or trailer parks.

J. RENT PACKAGE PLAN means the consideration charged for both food and rent where a single rate is made for the total of both. The amount applicable to rent for determination of transient room tax under this chapter shall be the same charge made for rent when consideration is not a part of a package plan.

K. TAX ADMINISTRATOR means the official appointed by the Board of County Commissioners to carry out provisions of this chapter.

L. TAX means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which the operator is required to report the collections.

M. TRANSIENT means any person who exercises occupancy, or is entitled to occupancy, in a hotel for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. The day a transient checks out of the hotel shall not be included in determining the thirty (30) day period if the transient is not charged rent for that day by the operator. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy, or the tenancy actually extends more than thirty (30) consecutive days. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter, may be considered. A person who pays for lodging on a monthly basis, irrespective of the number of days in such month, shall not be deemed a transient.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20; Amended by Ord. 03-2022, 7/21/22]

8.02.020 Tax Imposed

For the privilege of occupancy in any hotel, on and after the effective date of this chapter, each transient shall pay a tax in the amount of six percent (6%) of the rent charged by the operator. The tax constitutes a debt owed by the transient to the County, which is extinguished only by payment to the operator. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. The operator shall enter the tax on the records when rent is collected if the operator keeps the records on the cash accounting basis, and when earned if the operator keeps the records on the accrual accounting basis. If rent is paid in installments, the transient shall pay a proportionate share of the tax to the operator with each installment.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.030 Where Tax is Imposed

The tax imposed by this chapter shall apply to all hotels located within Clackamas County. [Codified by Ord. 05-2000, 7/13/00]

8.02.040 Collections of Tax by Operator, Rules for Collection

A. Every operator renting rooms in this County, the occupancy of which is not exempted under the terms of this chapter, shall collect a tax from the occupant. The tax collected or accrued by the operator constitutes a debt owed by the operator to the County.

B. In all cases of credit or deferred payment of rent, the payment of tax to the operator may be deferred until the rent is paid, and the operator shall not be liable for the tax until credits are paid or deferred payments are made.

C. For rent collected on portions of a dollar, the first one cent ($.01) of tax shall be collected on five cents ($.05) through twenty-one cents ($.21) inclusive; and the second one cent ($.01) of tax on twenty-two cents ($.22) through thirty-eight cents ($38); the third one cent ($.01) of tax on thirty-nine cents ($39) through fifty-five cents ($.55); the fourth one cent ($.01) of tax on fifty-six cents ($.56) through seventy-two cents ($.72); the fifth one cent ($.01) of tax on seventy-three cents ($.73) through eighty-nine cents ($.89); and the sixth one cent ($.0l) of tax on ninety cents ($.90) through the next one dollar and four cents ($1.04) of rent.

[Codified by Ord. 05-2000, 7/13/00]

8.02.050 Operator's Duties

Each operator shall collect the tax imposed by this chapter at the same time as the rent is collected from every transient. The amount of tax shall be separately stated upon the operator's records and any receipt rendered by the operator. No operator of a hotel shall advertise that the tax, or any part of the tax, will be assumed or absorbed by the operator, or that it will not be added to the rent, or that when added, any part will be refunded, except in the manner provided by this chapter. [Codified by Ord. 05-2000, 7/13/00]

8.02.060 Exemptions

No tax imposed under this chapter shall be imposed upon:

A. Any person who rents a room or facility for more than thirty (30) successive calendar days; (a person who pays for lodging on a monthly basis, irrespective of the number of days in such month, shall not be deemed a transient);

B. Any person whose rent is of a value less than $15.01 per day;

C. Any person who rents a private home, vacation cabin, or like facility from any owner who personally rents such facilities incidentally to the owner's use thereof. A personal rental is not incidental to an owner's own use if the private home, vacation cabin, or like facility is publicly advertised for rent by the owner or any other person or entity including, but not limited to, rental management agencies or transient lodging intermediaries, as defined by ORS 320.300;

D. Any occupant whose rent is paid for a hospital room or to a medical clinic, convalescent home or home for aged people, that are licensed, registered, or certified by the Oregon Department of Human Services; or

E. Employees, officials or agents of the U. S. Government occupying a hotel in the course of official business.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2005, 5-26-05; Amended by Ord. 02-2010, 2/25/10; Amended by Ord. 03-2020, 3/26/20]

8.02.070 Registration of Operator, Form and Contents, Execution, Certification of Authority

Every person engaging or about to engage in, business as an operator of a hotel in this County shall register with the Tax Administrator on a form provided by the Tax Administrator. Operators engaged in business at the time this chapter is adopted, must not register later than thirty (30) calendar days after passage of this chapter. Operators starting business after this chapter is adopted must register within fifteen (15) calendar days after commencing business. The privilege of registration after the date of imposition of such tax shall not relieve any person from the obligation of payment, or collection of tax, regardless of registration. Registration shall set forth the name under which an operator transacts or intends to transact business, the location of the place or places of business and such other information to facilitate the collection of the tax as the Tax Administrator may require. The operator shall sign the registration. The Tax Administrator shall, within ten (10) days after registration, issue without charge from the occupant, a Certificate of Authority to the registrant to collect the tax, from the occupant of the hotel, together with a duplicate thereof, for each additional place of business for each registrant. Certificates shall be non-assignable and nontransferable and shall be surrendered immediately to the Tax Administrator upon the cessation of business at the location named or upon its sale or transfer. Each certificate and duplicate shall state the place of business to which it is applicable and shall be prominently displayed therein so as to be seen and come to the notice readily of all occupants and persons seeking occupancy.

Said certificate shall, among other things, state the following:

A. The name of the operator;

B. The address of the hotel;

C. The date upon which the certificate was issued; and,

D. "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Transient Room Tax Chapter of the Clackamas County Code by registration with the Tax Administrator for the purpose of collecting from transients the room tax imposed by the County and remitting the tax to the Tax Administrator."

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.080 Due Date, Returns, and Payments

A. The transient shall pay the tax imposed by this chapter to the operator at the time that rent is paid. All amounts of such taxes collected by any operator are due and payable to the Tax Administrator on a monthly basis on the fifteenth (15th) day of the month for the preceding month and are delinquent if received after the last day of the month in which they are due.

B. On or before the fifteenth (15th) day of the month following each month of collection a return for the preceding month's tax collections shall be filed with the Tax Administrator. The return shall be filed in such form as the Tax Administrator may prescribe by every operator liable for payment of tax.

C. Returns shall show the amount of tax collected or otherwise due for the related period. The Tax Administrator may require returns to show the total rentals upon which tax was collected or otherwise due, gross receipts of the operator for such period, and an explanation in detail of any discrepancy between such amounts, and the amount of rents exempt, if any.

D. The person required to file the return should deliver the return together with the remittance of the amount of the tax due to the Tax Administrator at their office either by personal delivery or by mail. If the return is mailed, the postmark shall be considered the date of delivery for determining delinquencies.

E. For good cause, the Tax Administrator may extend for up to one (1) month the time for making any return or payment of tax. No further extension shall be granted, except by the Board. Any operator to whom an extension is granted shall pay interest at the rate of one percent (1%) per month, on the amount of tax due without proration for a fraction of a month. If a return is not filed and the tax and interest due is not paid by the end of the extension granted, then the interest shall become a part of the tax for computation of penalties described elsewhere in this chapter.

F. An operator shall be permitted to deduct as collection expense five percent (5%) of the amount of the taxes collected, as shown by the return mentioned in paragraph C of this section.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.090 Penalties and Interest

A. Original Delinquency: Any operator who has not been granted an extension of time for remittance of tax due, and who fails to remit any tax imposed by this chapter prior to delinquency, shall pay a penalty of ten percent (10 %) of the amount of tax due in addition of the amount of the tax.

B. Continued Delinquency: Any operator who has not been granted an extension of time for remittance of tax due, and who failed to pay any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of fifteen percent (15%) of the amount of the tax due, plus the amount of the tax due, and the ten percent (10%) penalty first imposed.

C. Fraud: If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, or intent to evade the provisions thereof, a penalty of twenty-five percent (25%) of the amount of the tax due shall be added thereto, in addition to the penalties stated in paragraphs (1) and (2) of this section.

D. Interest: In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent (1%) per month or fraction thereof without proration for portions of a month on the amount of the tax due, exclusive of penalties, for the date on which the remittance first became delinquent until paid.

E. Penalties merged with tax: Every penalty imposed and such interest as accrues under the provisions of this chapter, shall be merged with and become a part of the tax herein required to be paid.

F. Petition for waiver: Any operator who fails to remit the tax levied within the time stated, shall pay the penalties stated. However, the operator may petition the Board for waiver and refund of the penalty or any portion thereof, and the Board may if a good and sufficient reason is shown, waive and direct a refund of the penalty or any portion thereof.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.100 Deficiency Determinations, Fraud, Evasion, Operator Delay

A. Deficiency determination: If the Tax Administrator determines that the returns are incorrect, they may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns, or upon the basis of any information within their possession. One or more deficiency determinations may be made of the amount due for one or more than one period, and the amount so determined shall be due and payable immediately upon service of notice as herein provided, after which the amount determined is delinquent. Penalties on deficiencies shall be applied as set forth in 8.02.090.

1. In making a Determination, the Tax Administrator may offset overpayments, if any, which may have been previously made for a period or periods against any underpayment for a subsequent period or periods, or against penalties and interest on the underpayments. The interest on underpayments shall be computed in the manner set forth in 8.02.090.

2. The Tax Administrator shall give to the operator or occupant a written notice of their determination. The notice may be served personally or by certified mail. In the case of service by mail of any notice required by this chapter, the service is complete upon receipt by the operator or the operator' agent or employee, or if refused, the date of its refusal as shown by the United States Postal Department return receipt.

3. Except in the case of fraud or intent to evade this chapter or authorized rules and regulations, every deficiency determination shall be made and notice thereof mailed within three (3) years after the last day of the month following the close of the monthly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later.

4. Any determination shall become due and payable immediately upon receipt of notice and shall become final within ten (10) days after the Tax Administrator has given notice thereof. However, the operator may petition for redemption and refund if the petition is filed before the determination becomes final as herein provided.

B. Fraud, Refusal to Collect, Evasion. If any operator shall fail or refuse to collect said tax or to make within the time provided in this chapter any report and remittance of said tax or any portion thereof required by this chapter, or makes a fraudulent return or otherwise willfully attempts to evade this chapter, the Tax Administrator shall proceed in such manner as they may deem best to obtain facts and information on which to base an estimate of the tax due. As soon as the Tax Administrator has determined the tax due that is imposed by this chapter from any operator who has failed or refused to collect the same and to report and remit said tax, they shall proceed to determine and assess against such operator the tax, interest, and penalties provided for by this chapter. In case such determination is made, the Tax Administrator shall give a notice in the manner aforesaid of the amount so assessed. Such determination and notice shall be made and mailed within three (3) years after discovery by the Tax Administrator of any fraud, intent to evade, or failure, or refusal to collect said tax or failure to file return. Any determination shall become due and payable immediately upon receipt of notice and shall become final within ten (10) days after the Tax Administrator has given notice thereof. However, the operator may petition for redemption and refund if the petition is filed before the determination becomes final as herein provided.

C. Operator Delay. If the Tax Administrator believes that the collection of any tax or any amount of tax required to be collected and paid to the County, will be jeopardized by delay or if any determination will be jeopardized by delay, they shall thereupon make a determination of the tax or amount of tax required to be collected noting the fact upon the determination. The amount so determined as herein provided shall be immediately due and payable, and the operator shall immediately pay same determination to the Tax Administrator after service of notice thereof provided. However, the operator may petition after payment has been made for redemption and refund of such determination, if the petition is filed within ten (10) days from the date of service of notice by the Tax Administrator.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.110 Re-determinations

A. Any operator against whom a determination is made under Section 8.02.100 or any person directly interested may petition for a re-determination and redemption and refund within the time required in 8.02.100, hereof. If a petition for re-determination and refund is not filed within the time required in 8.02.100, the determination becomes final at the expiration of the allowable time.

B. If a petition for re-determination and refund is filed within the allowable period, the Tax Administrator shall reconsider the determination, and if the person has so requested in their petition, shall grant the person an oral hearing, and shall give them ten (10) days' notice of the time and place of the hearing. The Tax Administrator may continue the hearing from time to time as may be necessary.

C. The Tax Administrator may decrease or increase the amount of the determination as a result of the hearing, and if an increase is determined, such increase shall be payable immediately after the hearing.

D. The order or decision of the Tax Administrator upon a petition for re-determination of redemption and refund becomes final ten (10) days after service upon the petitioner of notice thereof, unless appeal of such order or a decision is filed with the Board within ten (10) days after service of such notice.

E. No petition for re-determination of redemption and refund or appeal there from shall be effective for any purpose unless the operator has first complied with the payment provisions hereof.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.120 Security, Collection of Tax

A. The Tax Administrator, after delinquency and when they deem it necessary to insure compliance with this chapter, may require any operator subject thereto to deposit with them such security in the form of cash, bond, or other security as the Tax Administrator may determine. The amount of the security shall be fixed by the Tax Administrator but shall not be greater than twice the operator's estimated average monthly liability for the period for which they file returns, determined in such manner as the Tax Administrator deems proper, or Five Thousand Dollars ($5,000), whichever amount is the lesser. The amount of the security may be increased or decreased by the Tax Administrator subject to the limitations herein provided.

B. At any time within three (3) years after any tax or any amount of tax required to be collected becomes due and payable or at any time within three (3) years after any determination becomes final, the Tax Administrator may bring an action in the courts of this State, or any State, or of the United States in the name of the County to collect the amount delinquent together with penalties and interest.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.130 Lien

A. The tax imposed by this chapter together with the interest and penalties herein provided and the filing fees paid to the Clerk of Clackamas County, Oregon, and advertising costs which may be incurred when same becomes delinquent as set forth in this chapter shall be and until paid remain a lien from the date of its recording with the Clerk of Clackamas County, Oregon, and superior to all subsequent recorded liens on all tangible personal property used in the hotel of an operator, which may be foreclosed on and sold as may be necessary to discharge said lien if the lien has been recorded. Notice of lien may be issued by the Tax Administrator or their deputy whenever the operator is in default in the payment of said tax, interest, and penalty and shall be recorded and a copy sent by certified mail to the delinquent operator. The personal property subject to such lien may be seized by any authorized deputy or employee of the Tax Administrator and may be sold at public auction after twenty (20) days' notice of sale given by two publications in a newspaper of general circulation in the County. The notices required hereunder shall be published not less than seven (7) days apart. Such seizure and sale shall be in addition to any other process to secure payment of the delinquent tax allowed by law.

B. Any lien for taxes shall upon the payment of all taxes, penalties, and interest thereon be released by the Tax Administrator, and the operator or person making such payment shall receive a receipt therefore stating that the full amount of taxes, penalties, and interest thereon have been paid and that the lien is thereby released.

[Codified by Ord. 05-2000, 7/13/00]

8.02.140 Refunds

A. Operators' refunds. Whenever the amount of any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this chapter, it may be refunded provided a verified claim in writing therefore stating the specific reason upon which the claim is founded is filed with the Tax Administrator within three (3) years from the date of payment. The claim shall be made on forms provided by the Tax Administrator. If the claim is approved by the Tax Administrator, the excess amount collected or paid may be refunded or may be credited on any amounts then due and payable from the operator from whom it was collected or by whom paid, and the balance may be refunded to each such operator, their administrators, executors or assignees.

B. Transient Refunds. Whenever the tax required by this chapter has been collected by the operator and deposited by the operator with the Tax Administrator and it is later determined that the tax was erroneously or illegally collected or received by the Tax Administrator, it may be refunded by the Tax Administrator to the transient provided a verified claim in writing therefore, the specific reason on which the claim is founded, is filed with the Tax Administrator within three (3) years from the date of payment.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.150 Administration

A. Transient Room Tax Fund. The Tax Administrator shall place all monies received pursuant to this order in the Transient Room Tax Fund.

B. Records Required from Operators. Every operator shall keep guest records of room sales and accounting books and records of room sales. The operator shall retain all records for a period of three (3) years and six (6) months after they come into being.

C. Examination of Records, Investigations. For the purpose of enforcing 8.02.100 of this chapter, if the Tax Administrator has reason to believe that the returns are incorrect or that fraud, refusal to remit, evasion or operator delay has occurred as set forth in 8.02.100 of this chapter, then the Tax Administrator or any person authorized in writing by them may examine during normal business hours the books, papers, and accounting records relating to room sales of any operator after notification to the operator liable for the tax and may investigate the business of the operator in order to verify the accuracy of any return made, or if no return is made by the operator, to ascertain and determine the amount required to be paid.

D. Confidential Character of Information Obtained, Disclosure Unlawful. It shall be unlawful for the Tax Administrator or any person having an administrative or clerical duty under the provisions of this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a Transient Occupancy Registration Certificate or pay a transient occupancy tax, or any other person visited or examined in the discharge of official duty, or the amount of source of income, profits, losses, expenditures, or any particular thereof set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person. Nothing in this subsection shall be construed to prevent:

1. The disclosure to or the examination of records and equipment by another county official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter or collecting taxes imposed hereunder;

2. The disclosure after the filing of a written request to that effect to the taxpayer, receivers, trustees, executors, administrators' assignees, and guarantors if directly interested of information as to any paid tax, and unpaid tax or amount of tax required to be collected, or interest, and penalties; further provided, however, that the Clackamas County Counsel approves each such disclosure, and that the Tax Administrator may refuse to make any disclosure referred to in this paragraph when in their opinion the public interest would suffer thereby;

3. The disclosure of the names and addresses of any persons to whom Transient Occupancy Registration Certificates have been issued; or

4. The disclosure of general statistics regarding taxes collected or business done in the County.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2020, 3/26/20]

8.02.160 Tax Revenue Sharing

A. Commencing with tax revenues collected January 1, 1993, the total net transient room tax receipts after operator collection expense of 5% and County administrative costs, not to exceed 2%, have been deducted, shall be distributed by the Tax Administrator as follows:

1. Between January 1,1993, and June 30,1993, an amount sufficient to bring proceeds up to a base support amount of $250,000 per year shall be paid in equal quarterly installments to the Clackamas County Fair; this amount shall be adjusted annually to allow for inflation by an amount to be determined by the Tourism Development Council (TDC); these funds shall be used by the Fair for construction, operations and maintenance, in accordance with its annual budget approved by the Board; and,

2. The balance placed with the County Treasurer for deposit until transferred to the TDC monthly to pay expenditures authorized as provided below.

B. There is hereby created the Clackamas County Tourism Development Council, consisting of nine (9) members to be appointed by the Board of County Commissioners. The TDC is to oversee the development and promotion of tourism and conventions in Clackamas County.

C. The TDC is to develop, adopt and implement, subject to Board of County Commissioners' approval, a Tourism Development and Promotion Master Plan. The Master Plan shall address at least the following elements: tourism promotion, tourism development, conventions, visitor information services, special events and festivals, and the County Fair. The Master Plan may be revised from time to time, subject to Board of County Commissioners' approval. Prior to adoption of the Master Plan, the TDC may adopt, subject to Board of County Commissioners' approval, an Interim Plan.

D. The funds described in subsection 8.02.160 A 2 above shall be allocated to projects and programs by the TDC in accordance with the Tourism Development and Promotion Master Plan, except that revenues collected prior to final Board of County Commissioners' approval of a Master Plan may be expended pursuant to an interim Plan, if adopted.

[Codified by Ord. 05-2000, 7/13/00]

8.02.170 Appeals to the Board

Any person aggrieved by any provisions of the Tax Administrator may appeal to the Board by filing a notice of appeal with the Tax Administrator within ten (10) days of the Administrator's decision. The Tax Administrator shall transmit said notice of appeal, together with the file of said appealed matter to the Board who shall fix a time and place for hearing such appeal. The Board shall give the appellant not less than ten (10) days written notice of the time and place of hearing of said appealed matter. [Codified by Ord. 05-2000, 7/13/00]

8.02.180 Violations

It is unlawful for any operator or other person so required, to fail or refuse to register as required herein, or to furnish any return required to be made, or fail or refuse to furnish a supplemental return or other data required by the Tax Administrator, or to render a false or fraudulent return. No person required to make, render, sign, or verify any report shall make any false or fraudulent report with intent to defeat or evade the determination of any amount due, required by this chapter. Any person willfully violating any of the provisions of this chapter shall be subject to a fine in an amount set by resolution of the Board of County Commissioners. [Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 5-2003, 3/13/03]

8.02.190 Severance Clause

If any provision of this Chapter 8.02 is adjudged or declared to be unconstitutional or otherwise held to be invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain in full force and effect.

[Added by Ord. 03-2020, 3/26/20]

Chapter 8.03: 8.03 SECONDHAND DEALERS

[Chapter 8.03, Secondhand Dealers, codified by Ord. 05-2000, Amended by Ord. 05-2003, 3/13/03 is hereby repealed and replaced by Chapter 8.03 Secondhand Dealers, adopted by Ord. 02-2011, 9/15/11]

8.03.010 Purpose

The purpose of this chapter is to strictly regulate certain business activities that present an extraordinary risk of being used by criminals to dispose of stolen property. This risk is present despite the best effort of legitimate Secondhand Dealer and Pawnbroker businesses, because these businesses process large volumes of goods and materials that are frequently the object of theft. This chapter is intended to reduce this type of criminal activity by facilitating timely police notification of such property transactions, and by regulating the conduct of persons engaged in this business activity. The need for these regulations outweighs any anti-competitive effect that may result from their adoption.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.020 Definitions

As used in this chapter, unless the context requires otherwise:

A. ACCEPTABLE IDENTIFICATION means either a current driver license, a State of Oregon Identification Card issued by the Department of Motor Vehicles, or one current United States federal, state or local government-issued identification card which has a photograph of the seller.

B. ACQUIRE means to take or transfer any interest in personal property in a voluntary transaction, including but not limited to: sales, consignments, memoranda between a Dealer and a private party seller, leases, trade-ins, loans, and abandonments. Any acquisitions of regulated property by a Dealer will be presumed to be an acquisition on behalf of the Secondhand Dealer business. Notwithstanding the foregoing, "acquire" does not include:

1. Any loans made in compliance with state laws by persons licensed as Pawnbrokers by the State of Oregon for the purposes of making a pawn loan; or

2. Memoranda between a Dealer and a person engaged in the business of selling regulated property.

C. BOARD means the Clackamas County Board of County Commissioners or its designee;

D. CRIMINAL CONVICTIONS RELATED TO FRAUD, DECEPTION, DISHONESTY, OR THEFT means any conviction for a criminal violation of ORS 162.015 to 162.121; 162.265 to 162.385; 164.005 to 164.235; 164.377; 164.395 to 164.415; Chapter 165, or any similar provision of previous or later Oregon statutes, or statutes of another state, or of the United States;

E. DEALER or SECONDHAND DEALER

1. Means any sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business and that either:

a. Acquires regulated property on behalf of a business, regardless of where the acquisition occurs, for the purpose of reselling the property; or

b. Offers for sale regulated property in Clackamas County.

2. Notwithstanding Subsection 1 above, DEALER or SECONDHAND DEALER does not include any of the following:

a. A business whose acquisitions of regulated property consist exclusively of donated items and/or purchases from 501(c)(3) organizations; or

b. An individual or business whose only transactions involving regulated property in Clackamas County consist of the acquisition of regulated property for personal use, or the sale of regulated property that was originally acquired by the seller for personal use; or

c. A person whose only business transactions with regulated property in Clackamas County consist of a display space, booth, or table maintained for displaying or selling merchandise at any trade show, convention, festival, fair, circus, market, flea market, swap meet or similar event for less than 14 days in any calendar year.

F. HELD PROPERTY means any regulated property that cannot be sold, dismantled, altered, or otherwise disposed of for a proscribed period of time as more specifically described in Section 8.03.090.

G. INVESTMENT PURPOSES means the purchase of personal property by businesses and the retention of that property, in the same form as purchased, for resale to persons who are purchasing the property primarily as an investment.

H. MEDICATION means any substances or preparation, prescription or over-the-counter, used in treating or caring for ailments and/or conditions in humans or animals.

I. NEW means anything conspicuously not used.

J. PAWNBROKER has the meaning set forth in ORS 726.010 (2) and includes any business required by ORS 726.040 to hold an Oregon Pawnbroker's license.

K. PERSON means any individual person, or any partnership, association, company, organization or corporation.

L. PRINCIPAL means any person who will be directly engaged or employed in the management or operation of the Secondhand Dealer business, including any owners and any shareholders with a 5% or greater interest in the company.

M. REGULATED PROPERTY means any property of a type that has been determined by the Sheriff's Office to be property that is frequently the subject of theft, including but not limited to the following property, unless excluded by subsection 3 below, and may be revised as necessary by the Sheriff's Office after giving appropriate advance notification.

1. Used Items:

a. Precious metals;

b. Precious gems;

c. Watches of any type and jewelry containing precious metals or precious gems;

d. Sterling silver including, but not limited to, flatware, candleholders, salt and pepper shakers, coffee and tea sets or ornamental objects;

e. Audio equipment;

f. Video equipment;

g. Other electronic equipment including, but not limited to: global positioning systems (GPS), electronic navigation devices or radar detectors;

h. Photographic and optical equipment:

i. Electrical office equipment;

j. Power equipment and tools;

k. Automotive and hand tools;

l. Telephones or telephone equipment;

m. Power yard and garden tools;

n. Musical instrument and related equipment;

o. Sporting equipment;

p. Outboard motors, and boating accessories;

q. Household appliances;

r. Video game consoles;

s. Property that is not purchased by a bona fide business for investment purposes, limited to:

i. Gold bullion bars (0.995 or better);

ii. Silver bullion bars (0.995 or better);

iii. All tokens, coins, or money, whether commemorative or an actual medium of exchange adopted by a domestic or foreign government as part of its currency whose intrinsic, market or collector value is greater than the apparent legal or face value; or

iv. Postage stamps, stamp collections and philatelic items whose intrinsic market or collector value is greater than the apparent legal or face value.

t. Computers and computer related software and equipment;

2. New items.

a. New items purchased from a licensed business shall be exempt from regulation under this chapter if the Dealer has a bill of lading, receipt, invoice or the equivalent for the new items that specifies the seller's business name, physical and mailing address, date of transaction and description of the purchased items. The bill of lading shall be held by the Dealer for one (1) year, or as long as the property is in the Dealer's possession, whichever is longer. Upon reasonable belief that a specific licensed business is dealing in stolen property, the Sheriff may deem that new items purchased from that specific licensed business are regulated property.

b. Items acquired from a manufacturer, manufacturer's representative or distributor that are discontinued or have been used for display or demonstration but not previously sold are new and exempt from regulation under this chapter if the Dealer has a bill of lading, receipt, invoice or the equivalent that includes the information specified in subsection (2)(a) of this section. The Dealer must hold the bill of lading, receipt, and invoice or equivalent for one (1) year or as long as the property is in the Dealer's possession.

3. Regulated property does not include any of the following property:

a. Books and comic books;

b. Sports cards and sports memorabilia;

c. Glassware and objets d'art including, but not limited to, paintings, prints, sculptures, ceramics, and porcelains;

d. Vehicles required to be registered with the Oregon Motor Vehicles Division;

e. Boats required to be certified by the Oregon Marine Board;

f. Furniture;

g. Refrigerators, freezers, stoves, ovens, dishwashers, washers and dryers;

h. Pursuant to ORS 166.170, firearms and components thereof, including but not limited to rifles, handguns, shotguns, pellet guns, BB guns, and ammunition.

N. REMANUFACTURED means that an item has been altered to the degree that that the main components are no longer identifiable as the original item.

O. SHERIFF or SHERIFF'S OFFICE means the Sheriff of Clackamas County, or their designee;

P. SELLER means any person who:

1. Offers items of regulated property in exchange for money or other property; or as collateral for a loan; or

2. Donates or abandons items of regulated property.

Q. TRANSACTION REPORT means the record of the information required by Section 8.03.080, transmitted to the Sheriff's Office by means required in Section 8.03.090.

R. TRADE SHOW means an event open to the public, held in a venue other than a Dealer's business location, at which vendors of a specific type of merchandise may exhibit, buy, sell or trade items that may include regulated property.

S. USED means anything that has been put into action or service.

[Adopted by Ord. 02-2011, 9/15/11; Amended by Ord. 04-2021, 8/8/21; Amended by Ord. 03-2022, 7/21/22]

8.03.030 Permit Required

A. No person shall act as a Secondhand Dealer in Clackamas County without a valid Secondhand Dealer's Permit issued by the Sheriff's Office.

B. Any person or business that advertises or otherwise holds themself out to be acquiring or offering for sale regulated property within Clackamas County will be presumed to be operating as a Secondhand Dealer subject to the terms of this chapter.

C. Any Pawnbroker operating within Clackamas County shall be required to maintain a valid license pursuant to the Oregon Revised Statutes Chapter 726. If any Pawnbroker also acts as a Secondhand Dealer, that Pawnbroker shall be required to obtain a Secondhand Dealer permit and meet all requirements of this chapter. Any Pawnbroker that is not a Secondhand Dealer shall nonetheless be subject to the following sections of this chapter:

1. 8.03.080 Reporting requirements (this section shall be used by Pawnbrokers in order to meet the requirements of ORS 726.280 – 726.285).

2. 8.03.090 Sale Limitations

3. 8.03.095 Exceptions to Sale Limitations

4. 8.03.100 Tagging and Inspection of Property

5. 8.03.110 Prohibited Acts

6. 8.03.120 Citations

7. 8.03.150 Nuisance

D. The sale of regulated property at events known as "garage sales," "yard sales," "flea markets" or "estate sales," is exempt from these regulations if all of the following are present:

1. No sale exceeds a period of seventy-two (72) consecutive hours; and

2. No more than four (4) sales are held in any twelve- (12) month period.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.035 Minimum Standards

A. No person may operate as a Secondhand Dealer within Clackamas County unless the person maintains a fixed physical business location.

B. Any Secondhand Dealer who holds a valid permit may not change the business name of the premises without notifying the Clackamas County Sheriff's Office at least 30 days prior to the actual effective date of the name change.

C. Dealers shall comply with all federal, state and local regulations.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.040 Application for Permit

A. An application for Secondhand Dealer's Permit shall set forth the following information:

1. The name, business and residential address, business and residential telephone number, birth date, driver license information, including state of issue and license number and principal occupation of the applicant and any person who will be directly engaged or employed in the management or operation of the business or the proposed business;

2. The name, address, telephone number, and electronic mail address of the business or proposed business and a description of the exact nature of the business to be operated;

3. The web address of any and all web pages used to acquire or offer for sale regulated property on behalf of the Dealer, and any and all internet auction account names used to acquire or offer for sale regulated property on behalf of the Dealer;

4. Written proof that the applicant and all principals of the business are at least 18 years of age;

5. Each principal's business occupation or employment for the five (5) years immediately preceding the date of application;

6. The business license and permit history of the applicant in operating a business identical to or similar to those regulated by this chapter.

7. A brief summary of the applicant's business history in Clackamas County or in any other city, county or state including:

a. The business license or permit history of the applicant; and

b. Whether the applicant has ever had any such license or permit revoked or suspended, the reasons therefor, and the business activity or occupation of the applicant subsequent to the suspension or revocation;

8. The form of the business or proposed business, whether a sole proprietorship, partnership or corporation, etc., and

a. If a partnership, the names, birth dates, addresses, telephone numbers, principal occupations, along with all other information required of any individual applicant, for each partner, whether general, limited, or silent, and the respective ownership shares owned by each;

b. If a corporation, or limited liability company, the name, copies of the articles of incorporation and the corporate bylaws, and the names, addresses, birth dates, telephone numbers, and principal occupations, along with all other information required of any individual applicant, for every officer, director, and every shareholder owning more than five percent of the outstanding shares, and the number of shares held by each.

9. If the applicant does not own the business premises, a true and complete copy of the executed lease (and the legal description of the premises to be permitted) must be attached to the application;

10. All arrests and criminal convictions relating to fraud, deception, dishonesty or theft, or citations for violation of Secondhand Dealer ordinance or statutes of any city, county, or state of each principal and all natural persons enumerated in paragraphs 1 through 7 of this section; and

B. New employees of dealers shall complete and submit the Secondhand Dealer personal history information as required in Section A of this Subsection. Employees may not acquire regulated property until all required information has been reviewed by the Sheriff's Office, unless the Dealer receives permission from the Sheriff's Office while those employees' background checks are being evaluated. The criteria used to review a new employee will be the same as those used in the review of an initial application in Section 8.03.050(B).

[Adopted by Ord. 02-2011, 9/15/11]

8.03.050 Issuance and Renewal of Permit

A. Applications for Secondhand Dealer's Permit must be notarized, and shall be filed with the Sheriff and shall include payment of the required fee. Individual employee history forms containing the required information of each employee need not be notarized, but must be signed by the specific individual represented on the form.

B. The Sheriff's Office shall conduct an investigation of the applicant and all principals and employees directly engaged in the management or operation of the business listed according to the requirements in Sections 8.03.040(A) and 8.03.040(B). The Sheriff shall issue such permit if no cause for denial as noted herein exists.

C. The Sheriff shall deny an application for a Secondhand Dealer's Permit if:

1. The applicant, or any other person who will be directly engaged in the management or operation of the business, or any person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by this chapter or a similar ordinance or law of another city, county or state, and

a. the license and permit for the business has been revoked for cause which would be grounds for revocation pursuant to this chapter; or

b. The business has been found to constitute a public nuisance and abatement has been ordered; or

2. Any person involved in the business has been convicted of any criminal offense related to fraud, deception, dishonesty or theft, or convicted of any violation of this chapter or laws of any city, county or state; or

3. The operation as proposed by the applicant would not comply with all applicable requirements of statutes and local ordinances including, but not limited to: building, health, planning, zoning and fire chapters; or

4. Any statement in the application is found to be false or any required information is withheld; or

5. Evidence exists to support a finding that the location of the business for which the application has been filed has a history of violations of the provisions of this chapter; or

6. The operation does not comply with applicable federal or state licensing requirements.

D. Notwithstanding Section 8.03.050(B), the Sheriff may grant a permit despite the presence of one or more of the enumerated factors, if the applicant establishes to the Sheriff's satisfaction that:

1. The behavior evidenced by such factor(s) is not likely to recur;

2. The behavior evidenced by such factor(s) is remote in time; and

3. The behavior evidenced by such factor(s) occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of this chapter.

E. Secondhand Dealer's Permits shall be for a term of one year and shall expire on the anniversary of their issuance. The permits shall be nontransferable and shall be valid only for a single location. When the business location is to be changed, the permit holder shall provide the address of the new location in writing to the Sheriff for approval or disapproval at least 30 days prior to such change.

F. All Secondhand Dealer's Permits shall be displayed on the business premises in a manner readily visible to patrons.

G. The Sheriff's Office will have primary authority concerning the issuance of a permit. If an applicant for permit is denied, denied applicants will make their first appeal to the Clackamas County Hearings Officer. If denial of an application for permit is denied by the Hearings Officer, review shall be by writ of review as provided in ORS 34.010 to 34.100.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.060 Permit Fees

Every person engaged in conducting, carrying on or controlling a Secondhand Dealer's business shall:

A. File an application as described in Section 8.03.050 and pay a nonrefundable fee as required by the Sheriff.

B. For renewal of a Secondhand Dealer's Permit, file an application and pay a nonrefundable fee as required by the Sheriff.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.070 Additional Locations

A. The holder of a valid Secondhand Dealer's Permit shall file with the Sheriff an application for a permit for each additional location, and shall pay a nonrefundable fee as required by the Sheriff.

B. Permits issued for additional locations shall be subject to all the requirements of this chapter, and the term of any permit issued for an additional location shall expire on the same date as the initial permit.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.080 Reporting of Secondhand Dealer Regulated Property Transactions and Seller Identification

A. Dealers shall provide to the Sheriff all required information listed for each regulated property transaction (not including sales). The Sheriff may designate the format of transfer of this information and may direct that it be communicated to the Clackamas County Sheriff's Office Pawn Shop Detail by means of mail, the internet or other computer media.

1. In the event the Sheriff directs that the transaction information be transmitted via computer media, the Sheriff may also specify the system that will be utilized in order to ensure conformity among all dealers

2. If, after establishing the format and requirements for the transmission of computerized reports of transactions, the Sheriff alters the required format; Dealers will be given at least sixty (60) days to comply with the new format requirements. If unable to implement the reporting system before the deadline, a Dealer must, prior to the deadline submit a written request to the Sheriff for additional time.

3. Pawnbrokers are required to report only new transactions. Loan renewals and redemptions by the original client do not need to be reported as long as the property involved in the transaction has not left the store for any period of time.

B. If paper forms are approved for use by the Sheriff's Office, the Sheriff will provide all Dealers with transaction report forms at cost until sixty (60) days after such time that the Sheriff directs a change in the reporting method. The Sheriff may specify the format (size, shape and color) of the transaction report form. The Sheriff may require that the transaction report form include any information relating to the regulations of this chapter. Dealers may utilize their own forms, in lieu of those supplied by the Sheriff's Office, if the Sheriff has approved such forms. The Declaration of Proof of Ownership is considered to be included in references in this chapter to the transaction reports, as appropriate. Declaration of Proof of Ownership will be retained by the business and made available to law enforcement.

C. When receiving regulated property, the Dealer must do all of the following except that Pawnbroker loan transactions are temporarily exempt from the requirements regarding copying acceptable identification, obtaining a thumbprint and completion of the Declaration of Proof of ownership until an electronic reporting system is implemented by the Sheriff's Office on October 31, 2011. If unable to comply before the deadline, a Pawnbroker must submit a written request for additional time to the Sheriff before the deadline. The requirements for a Dealer at the time of a transaction when receiving any regulated property are:

1. The Dealer must obtain acceptable photo identification from the seller or pledgor and verify that the photograph is a photograph matches the individual in the transaction.

2. The Dealer must record the seller's current residential address, telephone number and thumbprint on the transaction report.

3. The dealer must write on the transaction report a complete, legible and accurate description of the regulated property of sufficient detail to distinguish like objects one from the other. If an item is new, the Dealer must include the word "new" in the property description.

a. The Dealer must complete the transaction report in its entirety, and the individual completing the report must initial it.

b. Transaction reports must be completed in legible printed English.

4. The Dealer must require the Seller to legibly complete the Declaration of Proof of Ownership except that no such Declaration of Proof of Ownership is required for pawn loans made in compliance with state law by licensed pawnbrokers.

a. In completing the Declaration of Proof of Ownership the Seller must, at the time of the transaction, certify in writing that the seller has the legal right to sell the property that is the subject of the transaction and is competent to do so, and that the property is not rented or leased.

b. The Dealer or Dealer's employee must place the identifiable print of the seller's right thumb (left if right is unavailable) in the thumbprint box on the Declaration of Proof of Ownership. Thumbprints and the information on the Declaration of Proof of Ownership may be produced using a digital format with prior approval of the process from the Sheriff.

c. When no Declaration of Proof of Ownership is required for pawn loan transactions, the Dealer or Dealer's employee shall verbally verify that the seller has the legal right to sell the property that is the subject of the transaction and is competent to do so, and that the property is not rented or leased, and enter that information in the transaction report.

5. A Dealer may provide a description of any motor vehicle (including license number) identified as used in the delivery of regulated property and record the description and license number next to the seller's thumbprint.

6. Transaction reports are designed to assist in the investigation of the theft of property. Therefore, additional reporting for Dealers includes unregulated property that is identifiable with markings indicating apparent ownership.

7. Dealers must take either a photograph or still video of each person selling or loaning on an item of regulated property or make a copy of the acceptable identification presented by the seller. Dealers must also take either a photograph or a still video of each regulated item listed in 8.03.020(M)(1)(a) through (d) (items including precious metals, gems, watches, jewelry, sterling silver, etc.). These photos are required only for new transactions and do not apply to repeated transactions from the same person of the exact same item. All information on the copy must be legible and may be made by photostatic copying, computerized scanning or any other photographic, electronic, digital or other process that preserves and retains an image, and which can be subsequently produced or reproduced for viewing of the image. If a photograph is taken, a print of the photograph must be referenced to the transaction report number. A video photograph (still) must be referenced by time and date and transaction report number to correspond to the regulated property accepted. Copied identification must be kept with the transaction report or shall be referenced to the transaction report number. The photograph or videotape of copied identification and items listed in 8.03.020(M)(1)(a) through (d) must be kept by the Dealer for one year and must be provided to the Sheriff's Office upon request.

D. Dealers must mail or deliver to the Sheriff's Office at the close of each business day the original of all transaction reports describing articles received during that business day.

E. Dealers must retain at their business location a copy of all completed and voided transaction reports for a period of not less than one year from the date of acquisition. Any unused transaction reports must be available for inspection by the Sheriff's Office.

[Adopted by Ord. 02-2011, 9/15/11; Amended by Ord. 04-2021, 8/8/21]

8.03.090 Regulated Property Sale Limitations

A. Regulated property is subject to the following limitations:

1. Holding Period: Regulated property acquired by any Dealer must be held for a period of thirty (30) full days from the date of acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of this section because of the redeemable nature of the loans and the holding requirements of ORS 726. However, if the loan is converted to a buy by the Pawnbroker within 30 days from the date of the pawn transaction, the difference between the original date of the pawn and the buy will count toward the 30-day hold requirement. All other provisions of this section remain in effect.

2. Requirements of held property: All held property must remain in the same form as when received, must not be sold, dismantled, altered or otherwise disposed of, and must be kept separate and apart from all other property during the holding period to prevent theft or accidental sale, and to allow for identification and examination by the Sheriff's Office. Held property must be kept at the business location during this holding period so that it can be inspected during normal business hours as provided in Section 8.03.100.

3. Held property requirements do not apply if:

a. the property is received by a Dealer from another Dealer (regulated by the Sheriff's Office or any other nearby police agency approved by the Sheriff) who has already satisfied the holding requirements of this chapter, and the receiving Dealer records the original transaction report number on the transaction report completed for the new transaction.

b. a customer, who originally purchased property from a Dealer, returns it with the original receipt.

B. Upon reasonable belief that an item of regulated property is the subject of a crime, any peace officer may provide notice to any Dealer that a specifically described item of regulated property must be held in a separate Police Hold area for a period not to exceed thirty (30) days from the date of notification, and is subject to the (30) days upon notice provided to the Dealer that additional time is needed to determine whether a specific item of regulated property is the subject of a crime. The Dealer shall comply with the hold notice and notify the Sheriff's Office Pawn Shop Detail of the hold notice not later than five (5) calendar days from the day the notice was received, either by telephone, fax, email or in person. A Dealer must notify the Pawn Shop Detail of its intent to dispose of any item of regulated property under Police Hold at least ten (10) days prior to doing so. A Police Hold area must meet the following criteria:

1. Located out of public view and access, and

2. Marked "Police Hold", and

3. Contains only items that have been put on Police Hold

C. Any peace officer or Community Service Officer (unsworn peace officers employed by law enforcement agencies) who places a police hold on any property suspected of being the subject of a crime shall provide the Dealer with a DPSST number and a valid incident number.

D. Upon probable cause that an item of regulated property is the subject of a crime, the Sheriff may take physical custody of the item or provide written notice to any Dealer to hold such property for a period of time to be determined by the Sheriff, not to exceed the statute of limitations for the crime being investigated. Any property placed on hold pursuant to this subsection is subject to the requirements of subsection (A)(2) above, and will be maintained in the Police Hold area unless seized or released by the Sheriff. Seizure of property will be carried out in accordance with ORS.

E. If a Dealer acquires regulated property with serial numbers, personalized inscriptions or initials, or other identifying marks which have been destroyed or are illegible due to obvious normal use, the Dealer shall continue to hold the regulated property at the business location for a period of ninety (90) full days after acquisition. The Dealer must notify the Sheriff's Office by writing "90-day hold" next to the item on the transaction report or by an electronic means approved by the Sheriff's Office. The held property must conform to all the requirements of this section.

F. If a peace officer seizes any property from a Dealer, the Dealer must notify the Sheriff's Office not later than five (5) calendar days from the day the seizure occurs. The Dealer must provide the name of police agency, the incident or case number, the name and DPSST number of the peace officer, the number of the receipt left for the seizure, and the seized property information. Notification to the Sheriff's Office may be given by telephone, fax, email or in person.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.095 Exceptions to Regulated Property Sale Limitations

A. A Dealer is not required to obtain the seller's identification, photograph the seller, record the seller's thumbprint, or have the seller complete the Declaration of Proof of Ownership if the Dealer complies with the remaining requirements in Section 8.03.090 and if:

1. The item is acquired through consignment by a Dealer from a person who lives more than 150 miles from Clackamas County and the consigned property is mailed, shipped, or sent by courier to the Dealer.

2. The item is acquired during a trade show. All items acquired during a trade show by a Dealer must be reported. At the time of the transaction, the Dealer must write on the transaction report a complete, legible and accurate description of the regulated property of sufficient detail to distinguish like objects one from the other. The Dealer must also record the name and date of the event and the address of the venue in the name, date, and address fields of the transaction report form. Items acquired during a trade show may be sold or traded during the trade show without being held. Items still in a Dealer's possession at the end of the show will be subject to the hold period requirement in effect for that Dealer's acquisitions of regulated property.

3. The item is acquired from a business whose acquisitions of regulated property consists exclusively of donated items and/or purchases from a 501(c)(3) organization. The Dealer must record the name and location address of the business in the name and address fields of the transaction report form and the date of acquisition.

4. The item is acquired through an internet transaction. The Dealer must record on the transaction report the seller's email address or seller's identification, the name of the internet website that listed the item, and the date of the acquisition.

5. The item is acquired by the Dealer from a yard sale, garage sale, estate sale or swap meet. The Dealer must record on the transaction report the physical address of the sale location and the date of acquisition. Items acquired under subsection (A) must be held in compliance with the hold period requirement in effect for the Dealer's other acquisitions of regulated property.

B. A Dealer is not required to obtain the seller's identification, photograph the seller, record the seller's thumbprint, nor have the seller complete the Declaration of Proof of Ownership if the Dealer complies with the remaining requirements in Section 8.03.090 and if the item is used, regulated property acquired from a licensed business. The Dealer must keep a receipt for the item from the licensed business that includes the licensed business' name and a description of the item. The receipt must be retained at the Dealer's business location for one year or until the item is sold, whichever is longer. The Dealer must record on the transaction report the name and location address of the business in the name and address fields of the transaction report form, and the date of the acquisition. The item does not have to be held.

C. A Dealer is not required to make a copy of the acceptable identification obtained from the seller, photograph the seller, or record the seller's thumbprint if the Dealer complies with the following requirements:

1. Conducts each and every acquisition of regulated property by either:

a. Not tendering payment to the seller for a minimum of fifteen (15) days after the regulated property is delivered to the Dealer; or

b. Offering in-store credit that must be used for merchandise only and not redeemed for cash; and

2. Holds each and every item of regulated property for a minimum of fifteen (15) days from the date of acquisition; and

3. Complies with the remaining requirements set forth in the Section 8.03.090; and

4. Notifies the Sheriff in writing that each and every acquisition of regulated property will be conducted by not tendering payment to the seller for a minimum of fifteen (15) days after the regulated property is delivered to the Dealer.

D. A Dealer is not required to make a copy of the acceptable identification obtained from the seller, photograph the seller, or record the seller's thumbprint when the Dealer acquires an item of regulated property on consignment if the Dealer complies with the following requirements:

1. Does not tender payment to the consignor for a minimum of fifteen (15) days after the regulated property is delivered to the Dealer;

2. Holds each and every item of consigned regulated property for a minimum of fifteen (15) days;

3. Complies with the remaining requirements in Section 8.03.090.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.100 Tagging Regulated Property for Identification, Sheriff's Inspection

A. Secondhand Dealer acquiring any regulated property shall affix to such property a tag upon which shall be written a unique number, in legible characters, which shall correspond to the number on the transaction report forms required by Section 8.03.080. After the holding period has expired, the transaction number must remain identifiable on the property until it is sold.

B. After the applicable holding period has expired, hand tools, or items that are sold with other like items and have no identifiable numbers or markings need not remain tagged.

C. After the applicable holding period has expired, items that are remanufactured need not remain tagged.

D. Upon presentation of official identification, the Sheriff may seek permission to enter onto the business premises of any person with a Secondhand Dealer's Permit to ensure compliance with the provisions of this chapter. An inspection shall be for the limited purpose of inspecting any regulated property acquired by the dealer, held by the dealer pursuant to Section 8.03.090, or the records incident thereto. Such inspections shall occur only during normal business hours. The failure to grant permission to the Sheriff for inspection could result in a violation of this chapter.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.110 Prohibited Acts

A. It shall be unlawful for any principal, employee or Dealer regulated by this chapter to:

1. Receive any property from any person known to the principal, employee or Dealer to be prohibited from selling by a court order or is under the age of eighteen (18) years,

2. Receive property prohibited by this chapter. Items specifically prohibited from being acquired by Secondhand Dealers include:

a. Medications;

b. Gift cards, in-store credit cards, or activated phone cards;

c. Property with serial numbers, personalized inscriptions or initials or other identifying marks which appear to have been intentionally altered, obliterated, removed, or otherwise rendered illegible;

d. Any item that cannot be lawfully possessed pursuant to local, state, or federal law.

3. Act as a Secondhand Dealer within Clackamas County without a valid Secondhand Dealer's Permit issued by the Sheriff.

4. Fail to obtain acceptable identification from the person selling any regulated property;

5. Fail to have the person selling any regulated property sign the transaction report form describing the article acquired;

6. Fail to retain on the business premises a copy of the transaction report form describing the acquired regulated property for a period of one (1) year from the date of acquisition;

7. Fail to mail or deliver to the Sheriff at the close of each business day the original and second copy of all transaction report forms and required photographs describing regulated property acquired during that business day;

8. Fail to include on transaction report forms all readily available information required by the form;

9. Fail to withhold from sale any regulated property for the required holding period after acquisition;

10. Fail, after acquiring regulated property, to retain the property on the business premises for the required holding period after its acquisition;

11. Fail to allow inspection by the Sheriff of any regulated property being retained pursuant to this chapter;

12. Fail to allow inspection by the Sheriff of any records required by this chapter;

13. Fail to have affixed to any acquired regulated property, during the required holding period, a tag on which is written a number in legible characters which corresponds to the number on the transaction report form required by this chapter;

14. Continue activities as a Secondhand Dealer after suspension or revocation of a permit.

B. Any violation of Section 8.03.110(A) is a County Code violation punishable by a fine in an amount set by resolution of the Board of County Commissioners.

[Adopted by Ord. 02-2011, 9/15/11; Amended by Ord. 04-2021, 8/8/21]

8.03.120 Citation

A. The Sheriff, upon learning of a violation of Section 8.03.110(A) may issue the Secondhand Dealer a citation. Such citation shall be delivered at the address listed on the permit application during regular business hours to a person who appears to be in charge.

B. The citation shall list the nature of the violation, and the time and date of the citation. The citation shall also indicate the fine assessed for said violation, which is to be paid to the Sheriff, or appealed within ten (10) days from the date of delivery. Appeal may be taken under the Hearing Officer procedure outlined in Section 8.03.140.

C. Nothing in this section shall affect the ability of the Sheriff to take any and all actions otherwise authorized to abate any violation.

D. In the event that fines and fees assessed are not paid in full per the guidelines set forth in this chapter, the County reserves the right to assign the debt for collection

[Adopted by Ord. 02-2011, 9/15/11; Amended by Ord. 04-2021, 8/8/21]

8.03.130 Revocation or Suspension of Permit

A. The Sheriff may revoke or suspend any permit issued pursuant to this

chapter:

1. For any cause which would be grounds for denial of a permit; or

2. Upon a finding that any violation of the provisions of this chapter, federal, state or other local law has been committed and the violation is connected with the operation of the permitted business location so that the person in charge of the business location knew, or should reasonably have known, that such violations or offenses were permitted to occur at the location by the Dealer or any principal or employee engaged or employed in the management or operation of the business location; or

3. If lawful inspection has been refused; or

4. If the Secondhand Dealer's activities cause significant litter, noise, vandalism, vehicular or pedestrian traffic congestion or other locational problems in the area around the Dealer's premises; or

5. If a fine assessed under this chapter has not been paid to the Sheriff or appealed under Section 8.03.140 within ten (10) days after the date of delivery of a citation; or

6. If any statement contained in the application for the permit is found to have been false; or

7. If any Secondhand Dealer fails to meet federal or state licensing requirements.

B. The Sheriff shall give the permittee written notice of proposed revocation or suspension of any permit issued pursuant to this chapter by causing notice to be served upon the permit holder at the address listed on the permit application. Service of the notice shall be accomplished by either mailing the notice by certified mail, return receipt requested, or by service in the same manner as a summons served in an action at law. Refusal of the service by the person whose permit is revoked or suspended shall be prima facie evidence of receipt of the notice. Service of the notice upon the person in charge of a business, during its hours of operation shall constitute prima facie evidence of notice to the person holding the permit to operate the business.

C. Revocation or suspension shall be effective and final ten (10) days after the giving of such notice unless such revocation or suspension is appealed in accordance with Section 8.03.140.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.140 Appeals

A. Appeals of violations of this chapter will be made to the County Hearings Officer pursuant to Chapter 2.07 of the County Code.

B. Orders of the Hearings Officer:

1. Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion.

2. Findings of fact and conclusions of law shall accompany a final order. The findings of fact shall consist of a concise statement of the underlying facts supporting the Hearings Officer's order.

3. The Hearings Officer shall notify the appellant and respondent of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to the appellant and respondent or, if applicable, their attorney of record. The Hearings Officer shall issue a final order within fourteen (14) days from the conclusion of the hearing.

4. The Hearings Officer shall file all final orders with the Clerk of the Board of County Commissioners. A final order shall become effective five (5) days after it is filed unless a party makes objections to the form of the order within five (5) days of filing and the Hearings Officer subsequently amends the final order.

C. Enforcement of Hearings Officer Order:

1. Fines and costs are payable upon receipt of the final order declaring the fine and costs. Fines and costs under this chapter are a debt owing to the Sheriff's Office and may be collected in the same manner as any other debt allowed by law.

2. The Sheriff may institute appropriate suit or legal action, in law or equity, in any court of competent jurisdiction to enforce any order of the Hearings Officer, including, but not limited to, an action to obtain judgment for any fine or any assessment for costs imposed pursuant to Sections 8.03.110(B) or 8.03.140(G).

D. Judicial Review of the final order of the Hearings Officer under this chapter shall be by writ of review as provided in ORS 34.010 – 34.100.

[Adopted by Ord. 02-2011, 9/15/11]

8.03.150 Maintenance of Regulated Business Activity in Violation Declared a Nuisance, Abatement

Any business maintained in violation of the provisions of this chapter is hereby declared to be a public nuisance. The Sheriff is authorized to bring any action or suit to seek imposition of fines for violation of this chapter or to abate such nuisance by seeking injunctive or other appropriate relief to:

A. Cease all unlawful activities;

B. Close the unlawful business establishment;

C. Return property obtained through unlawful activities to the rightful owners; or

D. Seek such other relief as may be appropriate.

[Adopted by Ord. 02-2011, 9/15/11]

Chapter 8.04: 8.04 PUBLIC HEALTH LAWS AND CONTESTED CASE PROCEDURES

8.04.010 Tourist Facilities

Pursuant to ORS 446.425 the Oregon Health Authority delegated to the Clackamas County Department of Health, Housing and Human Services Public Health Division ("the Division") the authority, responsibility and functions to administer recreational facilities health laws under ORS 446.310 et seq. and the implementing regulations. This chapter incorporates the provisions of those sections by reference.

A. Requirements.

1. Any person establishing, operating, managing or maintaining any travelers' accommodation, hostel, recreation park or organizational camp, or combination recreation park - mobile home park (as those terms are defined in ORS 446.310 and OAR 333-029-0015) must first obtain a license or certificate of sanitation from the Division. Any person constructing any travelers' accommodation, hostel, recreation park, or organizational camp must first obtain a permit to do so from the Division.

2. An applicant for a permit to construct a travelers' accommodation, hostel, recreation park, or organizational camp shall pay the Division a plan review fee. Every applicant for a license or certificate of sanitation shall pay to the Division a fee.

3. Certificates or licenses issued under this section shall expire at the end of each calendar year and are not transferable nor shall refunds be made on unused portions of such licenses or upon applications that have been denied.

4. Anyone who establishes, operates, manages or maintains a tourist facility in Clackamas County must comply with the laws and regulations regarding the construction, operation or maintenance of tourist facilities. The Division may deny issuance, suspend or revoke a license or assess civil penalties for failing to comply with these laws.

B. Violations.

1. It is unlawful to establish, operate, manage or maintain a tourist facility in Clackamas County without a current license or certificate of sanitation. Penalty fees shall be imposed for a failure to apply for or renew a license.

2. Any person who violates the laws regarding the construction, operation or maintenance of tourist facilities will be subject to civil penalties in an amount set by the Board of County Commissioners, for each violation.

3. The Division shall provide five days' advance notice before any civil penalty under this section is imposed, unless the person incurring the penalty has otherwise received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed.

4. Hearings on the denial, suspension or revocation of a license or the imposition of civil penalties shall be conducted as a contested case following the procedures in this code. Failure to remit the civil penalty within 10 days after the order becomes final is grounds for license revocation.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 02-2018, 3/15/18]

8.04.020 Swimming Facilities

A. Requirements.

1. Any person operating or maintaining a public swimming pool, public spa pool, public wading pool or bathhouse (as those terms are defined in ORS 448.005 and OAR 333-062-0015) must first obtain a license to do so from the Division

2. A fee shall be paid to the Division for a license to operate a year-round public swimming pool, public spa pool, public wading pool or bathhouse either:

a. For profit;

b. For the primary benefit of the patrons, members or employees of the person operating the public swimming pool, public spa pool, or bathhouse; or

c. In conjunction with a travelers' accommodation or tourist park.

3. A fee shall be paid to the Division for a license to operate a seasonal public swimming pool, public spa pool, public wading pool or bathhouse either:

a. For profit;

b. For the primary benefit of the patrons, members or employees of the person operating the public swimming pool, public spa pool, or bathhouse; or

c. In conjunction with a travelers' accommodation or tourist park.

4. A person who operates a single facility containing more than one year-round public pool or spa shall pay to the Division an additional fee for each pool in excess of (1) pool for a license to operate such pools.

5. Any person wishing to construct, perform a major alteration or reconstruct any public swimming pool, public spa pool, public wading pool or bathhouse must first obtain a permit to do so from the Division.

6. An applicant for a permit to construct, perform a major alteration or reconstruct a public swimming pool, public spa pool, public wading pool or bathhouse shall pay the Division a plan review/construction permit fee. Licenses issued under this section shall expire at the end of each calendar year. Such licenses shall not be transferable, nor shall refunds be made on the unused portion of such licenses or upon applications that have been denied.

7. Anyone who establishes, operates, manages or maintains a public swimming pool, public spa pool, public wading pool or bathhouse in Clackamas County must comply with the laws and regulations regarding the construction, operation or maintenance of such facilities. The Division may deny issuance, suspend or revoke a license or assess civil penalties for failing to comply with these laws.

B. Violations.

1. It is unlawful to operate or maintain a public swimming pool, public spa pool, public wading pool or bathhouse without a current license.

2. It is unlawful to keep a public swimming pool, public spa pool, public wading pool or bathhouse open to the public after a permit or license to operate such facilities has been suspended, denied or revoked.

3. The Division may at all reasonable times enter upon any part of the premises of public bathing and swimming places to examine and investigate to determine the sanitary conditions of such places and any violations of law.

4. If the license holder does not correct violations listed in a notice issued by the Division within the specified time period, the Division or its agent may issue a notice proposing to suspend or revoke the license to operate in accordance with ORS Chapter 183. A license holder shall have 21 days to request a hearing in writing.

5. Any public swimming pool, public spa pool, public wading pool or bathhouse constructed, operated or maintained contrary to these laws is a public nuisance, dangerous to health. The Division may abate or enjoin the nuisance as permitted by law, including emergency suspension and closure. Under ORS 183.430(2), a license holder shall have 90 days after the date of notice of emergency suspension to request a hearing and if a hearing is requested a hearing shall be granted to the licensee or permittee as soon as practicable after such demand.

6. Hearings on the denial, suspension or revocation of a license shall be conducted as a contested case following the procedures in this code.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 02-2018, 3/15/18]

8.04.030 Food Service Facilities

Pursuant to ORS 624.510 the Oregon Health Authority has delegated to the Division the authority, responsibility and functions to administer food service health laws. This chapter incorporates the provisions of ORS 624.010 et seq. and the implementing regulations by reference.

A. Requirements.

"Food service facility" means restaurant, bed and breakfast, vending machine, food cart, warehouse, mobile unit, commissary combination or any other food service facility as defined by ORS 624.010, ORS 624.310 and OAR 333-150-000 and 333-157-0073.

1. Food Handlers Certificate. Any person handling food in a restaurant or food service facility licensed under this chapter is required by state law to obtain a certification within thirty (30) days of hire.

2. Food Service License Fees.

a. Every applicant for a food service facility license, temporary license, or renewal of a license shall pay a license fee to the Division, unless exempted under ORS 624.106. Licensees whose food service facility requires a critical item re-inspection shall pay a fee to the Division as set by OAR 333-12-0053.

b. The license or temporary license shall be posted in a conspicuous place on the premises of the licensee. For a vending machine or mobile unit the license shall be posted in a conspicuous place, and a card, emblem, or other device clearly showing the name and address of the licensee and the serial number of the licensee shall be affixed to each vending machine or mobile unit.

c. To reinstate a food service facility license after the expiration date, other than a temporary license, the operator must pay a reinstatement fee per ORS 624.490.

3. Plans. Properly prepared plans and specifications must be provided to the Division for review and approval and plan review fees paid: (1) before any construction, extensive remodeling or conversion is done to an existing structure for use as a food service facility; and (2) before constructing or establishing a food service facility, including a bed and breakfast, mobile unit or pushcart.

4. Licenses issued under this section shall expire at the end of each calendar year. Licenses shall not be transferable nor shall refunds be made on the unused portion of such licenses or upon applications that have been denied.

B. Violations.

1. It is unlawful to operate a food service facility or temporary food service facility without obtaining a current license to do so from the Division, unless exempt under Oregon law.

2. It is unlawful to operate a food service facility in a manner that creates an imminent or present danger to the public health, as those terms are defined in ORS 624.073 and the administrative rules.

3. It is unlawful to continue to operate a food service facility that has been closed due to uncorrected priority item violations as defined by Oregon statute and administrative rules.

4. It is unlawful to continue to operate a food service facility that has been closed due to obtaining a sanitation score of less than 70 on two consecutive complete inspections conducted within 30 days as defined by OAR 333-157-0030(5)-(6).

5. It is unlawful to construct, extensively remodel or convert an existing structure to use as a food service facility, or to construct or establish a mobile unit or pushcart without first providing properly prepared plans and specifications to the Division for review and approval, and paying plan review fees.

C. Civil Penalties.

1. Any person who violates this section will be subject to civil penalties in an amount set by the Board of County Commissioners, for each violation.

2. When a person has violated this section the Division will issue a written warning stating that further violation will result in the assessment of a civil penalty or revocation or suspension of the license.

3. If the violations continue after the written warning has been issued the Division will issue a Notice of Intent to impose civil penalties.

4. Civil penalties are due and payable 10 days after the order imposing the penalty becomes final by operation of law or appeal. The order assessing civil penalties may be recorded with the County Clerk and listed in the County Lien Record.

5. A person subject to civil penalties under this chapter may request a hearing in writing within 20 days of service of the order imposing the civil penalty.

6. If a hearing is requested it will be conducted as a contested case hearing under the procedures set out in this code.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 01-2008, 3/13/08; Amended by Ord. 02-2018, 3/15/18]

8.04.040 Review of Existing Property's Drinking Water

Fees shall be paid to the Public Health Division of the Clackamas County Department of Human Services for a request to review existing property's individual drinking water.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 02-2018, 3/15/18]

8.04.050 School Cafeteria Inspections

Schools requesting cafeteria sanitation inspections or plan review from the Public Health Division of the Clackamas County Department of Human Services shall pay fees for those services.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 02-2018, 3/15/18]

8.04.060 Miscellaneous Fees – Hourly Rate

For miscellaneous services of the Environment & Health section of the Public Health Division, Clackamas County Department of Health, Housing, and Human Services, an hourly fee shall be paid.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 02-2018, 3/15/18]

8.04.070 Contested Case Procedures

A. Definitions.

1. DIVISION means the Public Health Division of the Clackamas County Department of Health, Housing, and Human Services.

2. HEARINGS OFFICER means the officer appointed by Clackamas County to hear contested cases, and "the County" means Clackamas County.

B. A contested case exists whenever:

1. A constitutional provision or state law requires a hearing upon the action;

2. The Division has discretion to suspend or revoke a right or privilege of a person;

3. There is a proceeding regarding a license to pursue a commercial activity, trade or profession; or

4. There is a proceeding in which the County by rule or order provides for a hearing, in accordance with contested case requirements.

C. Notice.

1. When the County is required or permitted to give a person an opportunity for a hearing to contest the Division action, a notice shall be served personally or by registered or certified mail on all parties. The notice shall include.

a. A statement of the party's right to hearing, or a statement of the time and place of the hearing;

b. A statement of the authority and jurisdiction under which the hearing is to be held;

c. A reference to the particular sections of the ordinance, statutes and rules involved;

d. A short and plain statement of the matters asserted or charged;

e. A statement indicating whether and under what circumstances an order by default may be entered;

f. A statement that active duty service members have a right to stay proceedings under the federal Service Members Civil Relief Act, and may contact the Oregon State Bar or the Oregon Military Department for more information, and will include the toll-free numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website; and

g. A statement that if the party desires a hearing, the Division must be notified within a specified number of days from the date of mailing of the notice.

2. The number of days within which the Division must be notified that the party desires a hearing shall be as follows:

a. Within 20 days of the date of mailing of notice; or

b. When the Division refuses to issue a license required to pursue any commercial activity, trade, occupation or profession if the refusal is based on grounds other than the results of a test or inspection that division shall grant the person requesting the license 60 days form notification of the refusal to request a hearing, unless otherwise specified in the applicable section of Chapter 8.04.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 02-2018, 3/15/18]

8.04.080 Immediate Suspension or Refusal to Review a License, Notice of Opportunity for Hearing, Service

A. If the Division finds there is a serious danger to the public health or safety, it may suspend or refuse to renew a license immediately.

B. The Division shall give notice to the party upon immediate suspension or refusal to renew a license. The notice shall be served personally or by registered or certified mail and shall include:

1. A statement of the party's right to hearing;

2. A statement of the authority and jurisdiction under which the hearing is to be held;

3. A reference to the particular sections of the ordinance and rules involved;

4. A short and plain statement of the matters asserted or charged;

5. A statement that the party may be represented by counsel at the hearing;

6. A statement that if the party demands a hearing the Division must be notified within 90 days of the date of the notice;

7. A statement giving the reason or reasons for the immediate actions; and

8. The effective date of the suspension or refusal to renew the license.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 02-2018, 3/15/18]

8.04.090 Orders When No Hearing Requested or Failure to Appear

A. When a party has been given an opportunity and fails to request a hearing within a specified time, or having requested a hearing fails to appear at the specified time and place, the Division or hearings officer shall enter an order which supports the Division action.

B. The order supporting the Division action shall set forth the material on which the action is based, and the material shall be attached to and made a part of the order.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 02-2018, 3/15/18]

8.04.100 Subpoenas, Depositions

A. The Division may issue subpoenas in a contested case. In addition, subject to subsection B, any party to a contested case shall, upon request, be issued subpoenas by the hearings officer to compel the attendance of witnesses.

B. Before issuing subpoenas to the requesting party, the hearings officer may require a showing of need, general relevancy and the evidence to be given by the witness to be within the reasonable scope of the proceedings.

C. On petition of any party to a contested case, the hearings officer may order the testimony of any material witness be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall include:

1. The name and address of the witness whose testimony is desired;

2. A showing of materiality of the testimony; and

3. A request for an order that the testimony of the witness by taken before an officer named in the petition for that purpose.

D. If the hearings officer issues on order for the taking of a deposition and the witness resides in this state and is unwilling to appear, the hearings officer may issue a subpoena as provided in subsection A requiring their appearance before the officer taking the deposition.

E. Witnesses appearing pursuant to subpoena, other than parties, or officers or employees of the Division shall be tendered fees and mileage as prescribed by law for witnesses in civil actions. The party requesting the subpoena shall be responsible for service of the subpoena and tendering the fees and mileage to the witness.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 02-2018, 3/15/18]

8.04.110 Conducting Contested Case Hearing

A. The hearing shall be conducted by and shall be under the control of the hearings officer, conducted pursuant to the procedures in ORS 183.417 et seq.

B. At the discretion of the hearings officer, the hearing shall be conducted in the following manner:

1. Statement and evidence of Division in support of its action;

2. Statement and evidence of affected person disputing division action; then

3. Rebuttal testimony.

C. The hearings officer and the affected parties and the Division or its attorneys shall have the right to question or examine or cross-examine any witnesses.

D. The hearing may be continued with recesses as determined by the hearings officer.

E. The hearings officer may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious or immaterial matter.

F. Exhibits shall be marked and the markings shall identify the person offering the exhibits. The exhibits shall be preserved by the hearings officer as part of the record of the proceedings.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 02-2018, 3/15/18]

8.04.120 Evidentiary Rules

A. Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible.

B. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

C. All offered evidence, not objected to, will be received by the hearings officer subject to their power to exclude irrelevant, immaterial or unduly repetitious matter.

D. Evidence objected to may be received by the hearings officer with rulings on its admissibility or exclusion to be made at the time a final order is issued.

E. Any time ten (10) days or more before a hearing, any party may serve on an opposing party a copy of any affidavit, certificate or other document the party proposes to introduce in evidence. Unless the opposing party requests cross-examination of the affiant, certificate preparer, or other document preparer or custodian, within five (5) days prior to hearing the affidavit or certificate may be offered and received with the same effect as oral testimony or the document may be received in evidence.

F. If the opposing party requests cross-examination of the affiant, certificate preparer, or other document preparer or custodian as provided in subsection E and the opposing party is informed within five (5) days prior to the hearing that the person will not appear for cross-examination but the affidavit, certificate or other document will be offered in evidence, the affidavit, certificate or other document may be received in evidence, provided the hearings officer determines that:

1. The contents of the affidavit, certificate or other document is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs; and

2. The party requesting cross-examination would not be unduly prejudiced or injured by lack of cross-examination.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 02-2018, 3/15/18]

8.04.130 Final Orders on Contested Cases, Notification

A. Final orders on contested cases shall be in writing or stated in the record and shall include the following:

1. Rulings on admissibility of offered evidence;

2. Findings of fact – the findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the order.

3. Conclusion(s) of law, which are – applications of the controlling law to the facts found and the legal results arising therefrom; and

4. Order – the action taken by the hearings officer as a result of the finding of fact and conclusions of law.

B. Parties to contested cases and their attorneys of record shall be served a copy of the final order. Parties shall be notified of their right to judicial review of the order.

C. Any judicial review of the final order shall be done pursuant to ORS 183.482 for review of contested cases.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 02-2018, 3/15/18]

Chapter 8.05: 8.05 SOCIAL GAMBLING REGULATION

8.05.010 Purpose

Pursuant to the legislative grant of authority of Oregon Revised Statute 167.121, the Board of Commissioners of Clackamas County hereby ordains as follows, a chapter which authorizes, regulates and licenses the playing and conducting of social games in charitable, service clubs, and religious organizations.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

8.05.020 Definition

Social game means a game other than a lottery, between players in a charitable, service clubs, or religious organization where no house player, house bank or house odds exist and there is no house income from the operation of the social game.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

8.05.030 Organizations

Charitable, service clubs, or religious organizations may conduct the playing of social games upon receipt of a valid license issued by the County of Clackamas.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

8.05.040 Applications

Application for such license shall be made annually to the Board of County Commissioners upon such form as the Board shall provide. The application for a license shall be accompanied by a fee in an amount set by resolution of the Board of County Commissioners.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 5-2003, 3/13/03]

8.05.050 Social Game License

Upon presentation of a valid receipt from the County Clerk's office evidencing payment of the fee referred to in Section 8.05.040, accompanied by an appropriate application, the Board of County Commissioners shall refer such application to the Sheriff's office for investigation and comment. The Board of County Commissioners may issue a social games license after due consideration of the Sheriff's comments.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 5-2003, 3/13/03]

8.05.060 Appeals

Any organization whose application is denied may appeal the denial to the Board of County Commissioners, which shall hold a hearing on the matter. The applicant may present additional evidence and testimony to show why its application for a social games license ought to be granted. The Board of County Commissioners must receive notice of appeal on or before 60 days have elapsed since the Board signed the written denial. [Codified by Ord. 05-2000, 7/13/00]

8.05.070 Suspension

A social games license may be suspended or revoked when it appears to the Board of County Commissioners that the licensee, its officers, employees or agents have violated this chapter or the provisions of Chapter 167 of the Oregon Revised Statutes as they relate to gambling, or have provided false information either on their application or to the Sheriff in the conduct of their investigation.

[Codified by Ord. 05-2000, 7/13/00]

Chapter 8.06: 8.06 BINGO

8.06.010 Purpose

The purpose of this chapter is to ensure that bingo or lotto games are conducted only by charitable, service clubs, or religious organizations within Clackamas County, consistent with the intent of ORS 167.118 and accompanying criminal prohibitions (or successor statutes).

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

8.06.020 Game Limitations And Exceptions

No bingo or lotto game shall be maintained, operated or conducted anywhere in unincorporated Clackamas County for more than two days in any week (Monday through Sunday) by any single organization, nor for more than 8 hours in any one day (12:0l a.m. through midnight), nor shall any single structure be used as the location of games of bingo or lotto on more than two days in any week.

Upon application to the Board of County Commissioners and for good cause shown, the County Commissioners may by a majority vote, approve one (1) additional day per week usage at a single structure.

This exception is for special events by organizations other than the organization regularly using that single structure and shall not exceed one (1) additional day per month. This exception shall not expand the two- (2) days per week limitation for any single organization.

[Codified by Ord. 05-2000, 7/13/00]

8.06.030 State Law

Compliance with the requirements of this chapter shall not excuse any violation of State criminal provisions relating to gambling (See ORS 167.117 through 167.162).

[Codified by Ord. 05-2000, 7/13/00]

8.06.040 Inspection Of Games, Premises And Records

Any deputy sheriff or any investigator from the District Attorney's office, upon presentation of official identification, shall be permitted entry by the organization conducting a bingo or lotto game into the premises where the game is played for the purpose of inspecting such premises, the equipment used in playing such games, and the records kept by the organization relating to the game.

[Codified by Ord. 05-2000, 7/13/00]

8.06.050 Definitions

For purposes of this chapter, the following definitions shall apply:

A. BINGO or LOTTO means the game as defined by ORS 167.117(1), or successor statute.

B. CHARITABLE, RELIGIOUS or SERVICE CLUB means those persons within the definition of ORS 167.117(4) (d), or successor statute.

C. PERSON, PERSONS or ORGANIZATION means any human being or, where appropriate, any combination of human beings or any organized entity in any form including, but not limited to, sole proprietorship, partnership, corporation or association.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

8.06.060 Nuisance And Abatement

Any bingo or lotto games maintained, operated, or conducted in violation of this chapter are hereby declared to be a public nuisance. Upon direction by the Board of Commissioners of Clackamas County, the County Counsel's office may bring any action or suit necessary to have such nuisance abated in any court of competent jurisdiction. [Codified by Ord. 05-2000, 7/13/00]

8.06.070 Pre-Existing Nonconforming Games

Bingo games or lotto games, being conducted in compliance with State law on the date of adoption of the Bingo Ordinance, adopted pursuant to Board Order No. 86-104, shall be allowed to continue on their existing schedule, notwithstanding the provisions of Section 6.05.020 of this chapter, provided that this exemption is limited to the same organization conducting the games, at that same location, and on the same schedule, as at the date of adoption of this chapter, and is not transferable.

[Codified by Ord. 05-2000, 7/13/00]

[Chapter 8.07, Burglar Alarm Ordinance, codified by Ord. 05-2000, Amended by Ord. 05-2003, 3/13/03 is hereby repealed and replaced by Chapter 8.07 Alarm Permit, adopted by Ord. 01-2010, 1/28/10;] [Chapter 8.07 adopted by Ord. 01-2010, 1/28/10, is hereby repealed and replaced by Chapter 8.07 Alarm Systems, adopted by Ord. 06-2019, 8/8/19]

Chapter 8.07: 8.07 ALARM SYSTEMS

8.07.010 Purpose

A. The purpose of this chapter is to reduce the number of the number of false alarms from private alarm systems by requiring alarm users and alarm businesses to retain responsibility for maintaining the mechanical reliability and the proper use of alarm systems to prevent unnecessary emergency response to false alarms and thereby protect emergency response capabilities of Clackamas County from misuse.

B. This chapter governs systems intended to summon a public safety response, authorizes fees and fines, establishes a system of administration, sets conditions for the suspension of public safety response and establishes a public education and training program.

C. The provisions of this chapter shall be administered by the Clackamas County Sheriff and shall apply only to alarm systems operated in unincorporated Clackamas County, unless otherwise permitted by law.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.020 Definitions

A. ALARM ADMININSTRATOR means the person or persons designated by the Sheriff's Office to administer the provisions of this chapter.

B. ALARM BUSINESS means a business by any individual, partnership, corporation or other entity, that selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any Alarm System in or on any building, structure, or facility. Alarm businesses also include any person, business, or organization that monitors security alarm systems and initiates alarm dispatch requests.

C. ALARM USER means any person who has contracted for monitoring, repair, installation or maintenance service for an alarm system from an alarm installation company or monitoring company, or an individual or business who purchases, installs (see DIY), or self-monitors (see MIY) an alarm system which is not professionally monitored, maintained or repaired under agreement with an alarm business

D. ALARM USER AWARENESS CLASS means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.

E. ALARM SITE means a structure or portion thereof served by a single security alarm system. In a multi - tenant building or complex, each portion of the structure or complex having its own security alarm system is considered a separate alarm site.

F. ALARM SYSTEM means a device or series of devices, which emit or transmit an audible or remote visual or electronic alarm signal, arranged to identify the occurrence of an illegal entry or other activity intended to summon public safety response. The term includes hardwired systems, surveillance cameras and systems interconnected with a radio frequency method such as cellular or private radio signals, and includes local alarm systems. This does not include an alarm installed in a motor vehicle or a system which will not emit a signal, either audible or visible, from the outside of the building, residence or beyond, but is designed solely to alert the occupants of a building or residence.

G. AUTOMATIC DIALING DEVICE means a device connected to a telephone line or internet connection programmed to select a predetermined telephone number or internet location (URL address) and transmit by voice message or code signal an emergency message indicating a need for emergency response.

H. DIY SYSTEM (DO IT YOURSELF) means an alarm system installed by an alarm user.

I. ENHANCED CALL CONFIRMATION (ECC) means an attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user and/or the alarm user's designated representatives by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting a burglar alarm dispatch, in an attempt to avoid an unnecessary alarm dispatch request.

J. FALSE ALARM means an alarm signal, eliciting a response by law enforcement when a situation requiring a response by law enforcement does not in fact exist. An alarm is not considered false if there are signs of forced or attempted entry, is caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

K. FALSE ALARM RESPONSE means response to an alarm dispatch request by law enforcement where, in the opinion of responding law enforcement, no evidence of criminal activity or attempted forced entry is present that can be reasonably attributed to the alarm activation. Additionally, when law enforcement is unable to determine if evidence of a criminal offense or attempted criminal offense is present because of inaccessibility of the alarm site, the response is presumed to be a false alarm, and is subject to false alarm fines.

L. MIY SYSTEM (MONITOR IT YOURSELF) means the monitoring of an alarm system by the alarm user.

M. MONITORING means the process an alarm business uses to keep watch on alarm systems; to receive alarm activation signals from alarm systems; to verify alarm activations; to relay alarm dispatch requests to the emergency dispatch center for the purpose of summoning law enforcement response to an alarm site; and to cancel alarm dispatch requests.

N. PERMIT YEAR means a 12-month period beginning on the day and month on which an alarm permit is issued.

O. PRIMARY RESIDENT means an alarm user who lawfully occupies an alarm site as an owner, tenant, or holder of other right to occupy the property.

P. REVOKED OR REVOCATION means the cancellation of a permit because the alarm user has failed to renew their permit and/or has unpaid fees or fines. Revocation will result in non-response to alarm calls by law enforcement for up to one year from the date of revocation.

Q. REINSTATEMENT means the alarm user has obtained or renewed the required alarm permit, has paid all associated fees and fines and/or has prevailed on an appeal.

R. RUNAWAY ALARM means an alarm system that produces repeated alarm signals from the same zone that do not appear to be caused by separate human action.

S. SUSPENSION means the termination of public safety response to alarms at a specified alarm site as a result of violations of this ordinance.

T. UNMONITORED ALARM SYSTEM means an alarm system that is not actively monitored by an alarm business and whose function is to evoke law enforcement response by means of a generally audible or visible signal, or the alarm user.

U. VERIFY with reference to the monitoring of an alarm system, means an attempt by the alarm company, or its representative, to contact the alarm site and responsible party (parties) by telephonic or other electronic means, whether or not actual contact with a person(s) is made, before requesting law enforcement response, in an attempt to avoid false alarms.

V. VIDEO VERIFICATION is an electronic picture, pictures or images viewing an area of the protected premises from which an alarm signal has been received which permits monitoring business personnel or an alarm user to view the area which has an alarm to verify an emergency condition exists or alternately that no emergency appears to exist.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.030 Alarm Site Must be Registered

A. Law enforcement response to private security alarm sites in unincorporated Clackamas County without corroboration of the need for law enforcement services ls a privilege available only to those alarm users who have alarm systems registered with the Clackamas County Sheriff's Office and have obtained the required permit. In order to ensure sufficient law enforcement resources remain available to properly respond to all calls for service, the Clackamas County Sheriff's Office will respond to alarm calls that are not verified only at alarm sites where valid permits have been issued.

B. It shall be a violation of this chapter to operate an alarm system without a permit. The alarm user shall be the responsible party for purposes of enforcing this chapter. Within fourteen (14) days of a Notice of Violation an alarm user must submit a permit application, and applicable fees and fines to the Sheriff.

C. Failure to obtain or maintain a valid permit will also result in the Sheriff's Office suspending law enforcement responses to unverified alarm calls at the alarm site.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.040 Permit Terms and Fees

A. Alarm permits are valid for one year from the date of issuance.

B. Alarm permits are issued to a person or persons (Alarm User) having ownership or control of an alarm site (e.g., homeowner, business owner, tenant, leaseholder, etc).

C. Alarm permits are issued to a specific alarm user and alarm site until a change of ownership or control of the alarm site occurs.

D. Alarm permits are non-transferable. A new alarm permit must be obtained whenever there is a change of ownership or occupancy of an alarm site.

E. An alarm permit fee is not required upon proof that a residential applicant is over 65 and is a primary resident unless a commercial business is conducted in or on the premises.

F. An alarm permit fee is not required when the alarm user is a public entity (e.g., public school, US Postal Service, City or County offices, law enforcement or fire agencies) and the permit issues shall not be subject to suspension.

G. On receipt of the permit application and applicable fees, the alarm administrator (or designee) shall issue an alarm permit.

H. An alarm permit shall be posted at the alarm location and must be visible to responding law enforcement.

I. Alarm permits may be renewed under the following conditions:

1. The alarm site has no unpaid fines;

2. The permit is not suspended for excessive false alarms;

3. The permit is not revoked; and

4. The alarm user updates the registration information, or verifies that the existing information is current.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.050 Duties of the Alarm User

A. An alarm user shall maintain the alarm site and the alarm system in good operating condition and free of false alarms. In addition, the alarm user shall ensure that all persons with access to the premises have an adequate understanding of the alarm system to prevent an unintended activation.

B. An alarm user shall make every reasonable effort to arrive at (or arrange for a designated, responsible person to arrive at) the alarm system's location within thirty (30) minutes after being requested by the monitoring company or law enforcement to:

1. Deactivate the alarm system;

2. Provide access to the alarm site; and/or

3. Provide alternative security for the alarm site.

C. An alarm user shall provide updated names and contact phone numbers to the alarm monitoring company of at least two (2) individuals who are able and have agreed to:

1. Receive notification of an alarm system activation at any time;

2. Respond to the alarm site at any time; and

3. Provide access to the alarm site and deactivate the alarm if necessary.

D. An alarm user must report their assigned permit number to their monitoring company.

E. An alarm user may not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report.

F. An alarm user may not use automatic voice dialers

G. An alarm user must notify the monitoring company of the alarm site of any suspension of law enforcement response (as provided under this chapter) and request that the monitoring company not make a burglar alarm dispatch request.

H. An alarm user is responsible for obtaining and annually renewing the alarm permit.

I. An alarm user is financially responsible for paying fees and fines as outlined in this ordinance.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.060 Duties of Alarm Installation and Monitoring Companies

A. An alarm business shall take reasonable measures to prevent the occurrence of false alarms, and will take corrective action following a third (3rd) false alarm activation (in a permit year) with the alarm user. It shall be a violation of this chapter for an Alarm User to incur a False Alarm at the permit address during the alarm permit year. The fourth False Alarm in a permit year shall be cause to suspend the alarm permit for one year from the date of the last False Alarm.

B. The alarm installation company shall provide written and oral instructions to each of its alarm users regarding the proper use and operation of their alarm system, specifically to include all instructions necessary to arm and disarm, and how to cancel an unintended alarm activation.

C. Alarm installation companies shall not install or issue a device to activate a hold up alarm, which is single action, non-recessed button.

D. An alarm installer or monitoring company must not use automatic voice dialers.

E. Each alarm installing company and alarm monitoring company shall designate one Individual who has the knowledge and authority to address false alarm issues and respond to requests from the alarm administrator. The name, phone number and email address of this individual must be provided to the alarm administrator and be annually updated.

F. A monitoring company shall:

1. Not make an alarm dispatch request of a law enforcement agency in response to a burglary alarm signal, excluding panic, duress and hold up signals, during the first seven (7) days following an alarm system installation.

2. Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Verification shall require, as a minimum, that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm sign al is valid, EXCEPT in the case of a panic, duress, hold up or robbery, or in cases where a crime-in-progress has been verified.

3. When requesting law enforcement response to an alarm site, provide information which may include, but is not limited to, the following information:

a. The alarm site permit number;

b. The location of the alarm activation to include all additional address identifiers (suite number, apartment number, unit number, etc.); and/or

c. The type of alarm activation (burglary, panic, motion, etc.) and the identification of the alarm signal (north, south, front door, back slider, etc.).

G. Transmitted video images should show obvious criminal event-in-progress prior to dispatching law enforcement resources. A person merely seen on video does not establish criminal intent or activity. If transmitted images do not show an obvious criminal event-in-progress the standard verification process of calling the premises and authorized key holders must be undertaken.

H. A monitoring company shall fully inform and caution the Clackamas County Department of Communications (CCOM) dispatcher at the time the initial request is made, of known precautions responding law enforcement personnel must take to avoid Incurring injury.

I. A monitoring company, after receiving notice from the alarm administrator that an alarm user's registration status is that of non-registered, shall not make a burglar alarm dispatch request from that alarm user until the required permit has been issued and the alarm user has provided the permit number to the company.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.070 False Alarms

It shall be a violation of this chapter for an alarm user to incur a false alarm at the permit address during the alarm permit year. The fourth (4th) false alarm in a permit year shall be cause to suspend the alarm permit for one year from the date of the last false alarm.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.080 Fees and Fines

A. Fines and fees associated with this chapter shall be set by resolution of the Board of County Commissioners.

B. A late charge may be imposed if fines and fees are not paid within thirty (30) days after the invoice is mailed.

C. The alarm administrator may assess the alarm user a fine for a false alarm occurring at the alarm user's alarm site.

D. The alarm location may be suspended from law enforcement response if the alarm user has failed to make a timely payment of a fee or fine assessed under Section 8.07.100 (A)(3) of this chapter.

E. Additional fines may be imposed to the person(s) operating an unregistered alarm system that results in a dispatch request to an alarm activation.

F. If cancellation of law enforcement response occurs prior to their arrival at the alarm site within 10 minutes of the initial request, the response is not considered a false alarm and no false alarm fine will be assessed.

G. The alarm installation company shall be assessed a fine if responding law enforcement determines that an on-site employee of the alarm installation company directly caused the false alarm. In this situation, the false alarm will not be counted against the alarm user.

H. The monitoring company shall be assessed a fine for failure to verify alarm system signals as specified in Section 8.07.060 (F) (2) of this chapter.

I. A fine shall be assessed if an alarm business makes a false statement concerning the inspection of an alarm site, the performance of an alarm system, or a call confirmation log.

J. A fine shall be assessed if a monitoring company continues to request law enforcement response to a runaway alarm at an alarm site that has received four (4) or more alarm signals in a permit year from a singular zone where the alarm site has been suspended for excessive false alarms.

K. Notice of the right of appeal under this chapter will be included with notice of any fine.

L. The alarm administrator may offer a one-time waiver for the false alarm fine for the first chargeable false alarm during the alarm user's 1-year registration period, pending the successful completion of the online alarm user awareness class available through the alarm administrator. In order to have the fine waived, the alarm user shall have successfully completed the class within 30 days of the fine notice. Alarm users without online access may request the online school and test be mailed to them. Reasonable additional time to complete the alarm user awareness class shall be allowed for mail delivery.

M. In the event that fines and fees assessed are not paid in full per the guidelines set forth in this chapter, Clackamas County reserves the right to assign the debt for collection.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.090 Audible Alarms; Restrictions, Abatement of Malfunctioning Alarm

Any bell, horn, or siren used in conjunction with an alarm system which can be heard outside a building, structure, dwelling or facility for more than fifteen (15) minutes continuously or intermittently and the alarm user is not readily available or able to silence the device, is a public nuisance and may be disconnected or otherwise silenced by responding law enforcement personnel. Disconnection may be made by such means as is reasonably necessary to silence the alarm. The alarm user shall be solely responsible for property damage associated with disconnecting or silencing the alarm, as well as, the costs of reconnection. The County, its employees or agents shall not be responsible or liable for damage resulting from such a disconnection

[Adopted by Ord. 06-2019, 8/8/19]

8.07.100 Suspension of Response

A. The alarm administrator may suspend law enforcement response to unverified alarm calls at an alarm site if it is determined that:

1. The alarm user has four (4) or more false alarms during a permit year;

2. There is a statement of material fact known to be false in the alarm permit application.

3. The alarm user has failed to make timely payment of a fee or fine assessed under Section 8.07.080 of this chapter; or

4. An appeal request has been denied for failure to provide adequate documentation as to the cause of the violation and the corrective action taken.

B. Unless there Is separate indication that there is a verified crime in progress, law enforcement may refuse response to an alarm dispatch request at an alarm site for which the alarm permit is revoked or suspended.

C. The alarm administrator may again suspend law enforcement response to a reinstated alarm site by again revoking or suspending the alarm registration if it is determined that two (2) false alarms have occurred within sixty (60) days after the reinstatement date.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.110 Appeals

A. If the alarm administrator assesses a fee or fine, suspends an alarm registration or denies the issuance, renewal or reinstatement of an alarm permit, the alarm administrator shall send notice of the action and a statement of the right to appeal to the affected alarm user or alarm business.

B. The alarm user or alarm business may appeal any action described above to the Sheriff, or their designee(s), within twenty-one (21) days from the date of the notice. Failure to deliver the appeal within that time period is a waiver of the right to appeal.

C. The procedure for an appeal to the Sheriff, or their designee(s), is as follows:

1. The alarm user or alarm business submits a written request and provides supporting and mitigating information for appeal as outlined in the appeal guidelines provided in the Notice of Right to Appeal.

2. The Sheriff, or designee(s) will review the appeal within thirty (30) days after receipt of the request and will consider the evidence submitted by the appealing party. The Sheriff, or designee(s), will base its review of the decision by a preponderance of evidence and will render a decision within fifteen (15) days after the date of the review. The decision shall affirm or reverse the decision or action taken by the alarm administrator. The decision of the Sheriff, or designee(s}, shall be the final determination of the County in the matter.

3. Filing of an appeal stays the payment for a fee or fine until the appeals process has been exhausted. Any false alarms accrued following the suspension date will be added to the total count at the maximum fine rate.

4. Appeal of a final determination of the County may be taken exclusively by writ of review in the manner set forth in ORS 34.010 to ORS 34.100.

D. The alarm administrator or designee(s), may adjust the count of false alarms or assessed fees based upon:

1. Evidence that a false alarm was caused by action of a communications services provider (i.e., telephone, cellular, cable company);

2. Evidence that a false alarm was caused by a power outage of more than 4 hours or severe weather such as a tornado, earthquake, or excessive winds where a high wind warning has been issued and measured by a local, recognized weather monitoring station (sustained winds of 40 mph or greater).

3. Evidence that an alarm dispatch request was not a false alarm.

E. The alarm administrator may waive all or part of the false alarm fine due to extenuating circumstances or to encourage corrective action with supervisor approval.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.130 Confidentiality

Clackamas County will strive to ensure confidentiality of information submitted by permit applicants and holders and will disclose such information only to the extent required by law.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.140 Allocation of Revenues and Expenses

All fees and fines collected pursuant to this chapter shall first be set aside solely for the administration of this chapter. Funds collected beyond the requirement of the administration of the alarm chapter shall be used to reimburse the Clackamas County Sheriff's Office Patrol Division as a means of cost recovery for public safety response. The Sheriff shall maintain records sufficient to identify the sources and amounts of that revenue.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.150 No Duty to Respond

Alarm registration is not intended to, and does not create a contract, duty, obligation or relationship, between the Clackamas County Sheriff or Clackamas County and the alarm user or alarm business, nor does it guarantee law enforcement response to any alarm call when there is no other indication of the existence of an actual emergency. Any and all liability and consequential damage resulting from failure to respond to an alarm dispatch request is hereby disclaimed and immunity as provided by law is retained. By applying for an alarm permit, the alarm user acknowledges that alarm response may be influenced by the availability of law enforcement resources, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.

[Adopted by Ord. 06-2019, 8/8/19]

8.07.160 Severability

The provisions of this Ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision.

[Adopted by Ord. 06-2019, 8/8/19]

[Chapter 8.08, Adult Care Homes, repealed by Ord. 03-2012, 1/4/12 is replaced by Chapter 8.08, Film and Media Production, adopted by Ord. 11-2012, 11/8/12]

Chapter 8.08: 8.08 FILM AND MEDIA PRODUCTION

8.08.010 Purpose

This chapter is intended to provide an efficient and uniform permit and approval processes in unincorporated Clackamas County for the motion picture, television, and commercial photography industries throughout Clackamas County, for the safety of the public and the promotion of its businesses.

[Adopted by Ord. 11-2012, 11/8/12]

8.08.020 Definitions

A. CHARITABLE FILMS, shall mean commercials, motion pictures, television, videotapes, digital recording or photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.

B. COMMERCIAL PHOTOGRAPHY shall mean a moving image or photography production created to advertise or sell a product or service.

C. MOTION PICTURE, TELEVISION, shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, and student films produced to satisfy a post-secondary school course requirement at an educational institution in any medium including film, tape or digital format.

D. NEWS MEDIA, shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or camerapersons.

E. PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS CENTERS shall mean photographing, filing, or videotaping:

1. For the purposes of:

a. Promoting communities within Clackamas County, including local organizations;

b. Making government more accessible and understandable by offering information about services, meetings, workshops, programs, projects, activities, the history of the region, and public meetings;

c. Creating documentaries and local productions; and

d. The teaching of film and media productions techniques such as camera work, editing, and studio productions;

2. By local community media centers supported by the municipalities, educational institutions, and cable subscribers within Clackamas County.

F. STUDIO shall mean a fixed place of business certified as such by local fire authority having jurisdiction where filming activities (motion or commercial photography) are regularly conducted upon the premises.

[Adopted by Ord. 11-2012, 11/8/12]

8.08.030 Permits and Exemptions

A. Permits: Applicants must obtain permits for commercial photography, motion picture, or television production within any unincorporated area within the County.

B. Exemptions: The provisions of this chapter shall not apply to or affect the following:

1. Reporters, photographers, or camerapersons in the employ of a newspaper, news service, or similar entity engaged in on-the-spot, spontaneous print media, publishing, or broadcasting of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest.

2. The recording of visual images whether motion or photography, solely for private personal use and not commercial use.

3. Filming activities whether motion or commercial photography conducted at a studio.

4. Charitable films

5. Public, educational, and government access centers.

[Adopted by Ord. 11-2012, 11/8/12]

8.08.040 Application for Permit

A. The following information shall be included in the application for permit:

1. The name, address, email address, and telephone number of the person(s) in charge of the activity;

2. The property address at which the activity is to be conducted as well as the name of the representative of the property, their address, email address and telephone number.

3. The specific location on the property that will be used by the applicant;

4. The hours and dates such activity will occur;

5. The exact number of personnel to be involved;

6. A general statement of the character or nature of the proposed activity, including a description of any activity that may cause public alarm such as but not limited to, animals, gunfire or pyrotechnics, and low flying aircraft;

7. The requested number of County personnel (i.e., police fire) needed for public safety during the activity. The applicant shall reimburse the County for any personnel provided as agreed upon at the time of application;

8. The exact amount/type of vehicles/equipment to be used during the activity, along with a parking plan; and

9. A commitment that the applicant shall hold the County harmless and otherwise indemnify the County against any liability caused by the proposed activity.

B. The permit is valid for a period of sixty (60) days from the date of issuance or for a single production (whichever comes first). If multiple productions are taking place by a single production company, a permit is required for each production.

C. An extension of the sixty (60) day permit may be requested in writing, must be made to the County, and must be received by the County no less than twenty-four (24) hours during the County's normal business days (Monday-Thursday) prior to the expiration of the existing permit. The extension request must include the following information:

1. Duration of the extension request.

2. A revised Certificate of Insurance covering the extension dates; and

3. A check for any additional fees associated with the extension request.

D. Upon the written request of the applicant, the County may change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location of production.

E. No film permit shall be issued for any production or use that violates federal, state or local laws.

F. To ensure cleanup and restoration of any public property, an applicant may be required to submit a refundable deposit. Upon completion of filming and inspection of the site by the County, if no verifiable damage has occurred, the security deposit should be returned to the applicant.

G. Fees shall be set by a resolution adopted by the Board of County Commissioners.

[Adopted by Ord. 11-2012, 11/8/12]

8.08.050 Liability and Insurance

A. Before a permit is issued for the use of any public property for the purpose of taking motion pictures, television, or commercial photography, a certificate of insurance will be required in the amount not less than $1,000,000 naming the County as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The County, including its officers and employees, shall be named as additional insured. The certificate shall not be subject to cancellation or modification until after thirty (30) days' written notice to the County. A copy of the certificate shall remain on file with the County.

B. An applicant shall conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit.

[Adopted by Ord. 11-2012, 11/8/12]

8.08.060 Violation

If an applicant violates any provisions of this ordinance or a permit issued pursuant thereto, the County may provide the applicant with a verbal or written notice of such violation. If the applicant fails to correct the violation, the County may revoke the permit and all activity must cease.

[Adopted by Ord. 11-2012, 11/8/12]

8.08.070 Rules and Regulations

The County is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Board of County Commissioners, governing the form, time and location of any activity occurring within the County.

[Adopted by Ord. 11-2012, 11/8/12]

Chapter 8.09: 8.09 MARIJUANA SALES TAX

[Adopted by Ord. 04-2015, 4/16/15; Repealed by Ord. 09-2015, 12/17/15; Chapter title amended by Ord. 02-2017, 1/26/17]

8.09.010 Definitions

A. Marijuana item has the meaning given that term in ORS 475B.015(16).

B. Marijuana retailer means a person who sells marijuana items to a consumer in this state.

C. Retail sale price means the price paid for a marijuana item, excluding tax, to a marijuana retailer by or on behalf of a consumer of the marijuana item.

[Added by Ord. 02-2017, 1/27/17]

8.09.020 Tax Imposed

As described in ORS 475B.345 the County of Clackamas hereby imposes a tax of three percent on the retail sale price of marijuana items by a marijuana retailer in the unincorporated areas of Clackamas County.

[Added by Ord. 02-2017, 1/27/17]

8.09.030 Collection

The tax shall be collected at the point of sale of a marijuana item by a marijuana retailer at the time at which the retail sale occurs and remitted by each marijuana retailer that engages in the retail sale of marijuana items.

[Added by Ord. 02-2017, 1/27/17]

8.09.040 Interest and Penalty

A. Interest shall be added to the overall tax amount due at the same rate established under ORS 305.220 for each month, or fraction of a month, from the time the return to the Oregon Department of Revenue was originally required to be filed by the marijuana retailer to the time of payment.

B. If a marijuana retailer fails to file a return with the Oregon Department of Revenue or pay the tax as required, a penalty shall be imposed upon the marijuana retailer in the same manner and amount provided under ORS 314.400.

C. Every penalty imposed, and any interest that accrues, becomes a part of the financial obligation required to be paid by the marijuana retailer and remitted to the Oregon Department of Revenue.

D. Taxes, interest and penalties transferred to Clackamas County by the Oregon Department of Revenue will be distributed to the County's general fund.

E. If at any time a marijuana retailer fails to remit any amount owed in taxes, interest or penalties, the Oregon Department of Revenue is authorized to enforce collection on behalf of the County of the owed amount in accordance with ORS 475B.700 to 475B.755, any agreement between the Oregon Department of Revenue and Clackamas County under ORS 305.620 and any applicable administrative rules adopted by the Oregon Department of Revenue.

[Added by Ord. 02-2017, 1/27/17]

8.09.050 Referral

This ordinance in substantially the same form was referred to and approved by the electors of Clackamas County at the statewide general election on Tuesday, November 8, 2016.

[Added by Ord. 02-2017, 1/27/17]

8.10 SHORT-TERM RENTALS

[Adopted by Ord. 09-2020 (11/25/20 – effective date 7/1/21); Effective date continued to 7/1/22 by BO 2021-23 (4/29/21); Effective date continued to 7/1/23 by BO 2022-62 (6/30/22); Repealed by Ord. 02-2022 (9/8/22 – effective 12/7/22); Adopted by Ord. 04-2023 (9/7/23 – effective date 12/6/23); Amended by Ord 07-2026, 6/25/26]

8.10.010 Purpose

The purpose of this chapter is to regulate short-term rentals in order to enhance public safety and livability within the unincorporated areas of Clackamas County. Specifically, this chapter addresses public safety concerns typically associated with short-term rentals, and clarifies the process for both property owners and staff related to registering short-term rentals and enforcing violations of these standards.

[Added by Ord. 04-2023, 9/7/23]

8.10.020 Definitions

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.

A. ADMINISTRATOR means the County Administrator of Clackamas County or his/her designee.

B. DWELLING UNIT is a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. For the purposes of this chapter only, a guest house is considered to be part of the dwelling unit to which it is accessory, even though it is a separate structure. Guest house shall have the meaning given to that term in Section 202 of the Clackamas County Zoning and Development Ordinance.

C. LUCS means Land Use Compatibility Statement.

D. OCCUPANTS means persons who are authorized to stay within a short-term rental.

E. OWNER is the owner or owners of a dwelling unit used as a short-term rental.

F. OVERNIGHT means anytime between the hours of 10 p.m. and 7 a.m. on the following day.

G. PREMISES means the short-term rental and the lot on which it is located.

H. REGISTRANT means the owner, or agent of the owner, designated on the registration to act for the owner, who is responsible for ensuring the short-term rental adheres to all applicable requirements to maintain a short-term rental registration.

I. REGISTRATION means a short-term rental registration with the County as required by this Chapter.

J. SHORT-TERM RENTAL means a dwelling unit, or portion of a dwelling unit, that is rented to any person or entity for lodging or residential purposes, for a period of up to 30 consecutive nights.

K. SLEEPING AREA means a room or other space within a dwelling unit designed and intended primarily for sleeping.

[Added by Ord. 04-2023, 9/7/23; Amended by Ord 07-2026, 6/25/26]

8.10.030 Applicability

This chapter shall apply within the unincorporated areas of Clackamas County including within urban growth boundaries, but shall not apply within the boundaries of any incorporated city. This chapter does not apply to hotels, motels, bed and breakfast facilities, hostels, lodging and resort accommodations in commercial zones, campgrounds, recreational vehicle (RV) camping facilities, or organizational camps.

[Added by Ord. 04-2023, 9/7/23]

8.10.040 Short-Term Rental Registration Requirements

A. All short-term rentals shall be registered, except that any short-term rental that qualifies for an exemption to the Transient Room Tax under Section 8.02.060(C), as "incidental" use of the property, shall be exempt from the registration requirements set forth herein.

B. Any new Short-Term Rental must obtain an approved Land Use Compatibility Statement (LUCS) from the Clackamas County Department of Transportation and Development – Planning Division prior to completing the application to register as a short-term rental.

C. Short-Term Rentals in existence as of June 30, 2026, shall be required to obtain an approved LUCS during the renewal process. Conditional renewals will be issued for properties that do not have an existing LUCS at the time of renewal, subject to approval of a LUCS.

D. Application forms for a registration for a short-term rental are available online at Clackamas.us/str and at County offices. Applications for registrations for a short-term rental must be submitted to the County by a signed affidavit of compliance. The application documents must include at least the following:

1. The location of the premises.

2. The true names, telephone numbers, addresses, and email addresses of the property owners.

3. That the use complies with all building and fire standards and all other applicable requirements in Section 8.10.050.

4. That the applicant has submitted a Transient Room Tax registration form to the County.

5. The name, telephone number, address, and email address of a contact person who shall be responsible and authorized to respond to complaints concerning the use of the short-term rental.

6. Proof of liability insurance coverage on the short-term rental.

7. Owner must prohibit STR renters from subleasing the property or otherwise using it to generate income, must terminate rental agreement immediately upon learning of such activities, and must not rent to anyone who the owner has reason to believe intends to use the STR for such activities.

8. That the applicant has met and will continue to comply with the standards and requirements of this chapter.

E. No short-term rental may be publicly advertised for rent unless it has been registered with the County.

F. A short-term rental registration terminates automatically if the property is transferred, or if state statutes, regulations or guidelines are modified or changed to prohibit operation of the short-term rental under this chapter.

G. A short-term rental registration terminates automatically two years after the date of issuance, unless a renewal registration application is approved by the county.

H. Registrants wishing to continue uninterrupted operation of a short-term rental shall submit a renewal application to the County a minimum of 60 days prior to the expiration of the registration.

I. At the time of submission of a new or renewal short-term rental application, the registrant must pay the short-term rental application fee. The fee amount shall be set by resolution by the Board of County Commissioners

[Added by Ord. 04-2023, 9/7/23; Amended by Ord 07-2026, 6/25/26]

8.10.050 Standards and Conditions

Any short-term rental must comply with the following standards at all times, in addition to any other state and local requirements:

A. Remittance of all applicable fees and taxes, namely a state lodging tax currently at 1.5%, Clackamas County Transient Lodging Tax, currently at 6%, and a Clackamas County STR administration fee, currently at .85% of the amount charged for occupancy of the STR.

B. Dwelling Unit. The short-term rental must be operated within a legally-established, permanent dwelling unit.

1. The dwelling unit associated with a short-term rental shall not have been established through a land use approval or other approval process that specifically limited the use of the dwelling unit, the occupancy of the dwelling unit, or the duration of the existence of the dwelling unit. Examples of non-qualifying dwellings include those approved as an accessory farmworker dwelling, a caretaker dwelling, or a temporary dwelling for care.

2. Guest houses may only be used as a short-term rental if the guest house has been legally established.

3. Temporary sleeping accommodations such as tents and recreational vehicles are not considered to be dwelling units under the county's zoning and development ordinance and may not be used as a short-term rental.

C. Maximum Occupancy. The number of occupants in the short-term rental shall not exceed the number of occupants authorized in the registration. The maximum occupancy shall be clearly posted in the short-term rental, disclosed in any advertising of the availability of the short-term rental, and included in any rental agreement with tenants. The maximum occupancy authorized in the registration for the short-term rental shall be calculated as follows:

1. Two occupants per sleeping area, plus four additional occupants.

2. Roll-out beds, fold-out couches, or other similar temporary beds shall not be considered a "sleeping areas" for the purposes of calculating maximum allowed occupancy, but could accommodate the four additional occupants.

3. In no case shall more than 15 occupants be authorized by a short-term rental registration. If only a portion of a dwelling unit is used as a short-term rental, all occupants, including those occupying the portion of the dwelling unit not used as a short-term rental, shall be counted toward the 15-occupant maximum.

D. Noise. Notice shall be clearly posted in the short-term rental that identifies and informs occupants of their obligation to abide by the County's current noise control ordinance standards (Clackamas County Code Chapter 6.05).

E. Parking. One off-street motor vehicle parking space per sleeping areas is required. Garage space may be used to meet required parking standards if evidence is provided that there is sufficient cleared garage space to fit a vehicle(s). All required parking spaces must be available for occupants to use.

1. In no event shall vehicles block access for emergency vehicles, block access to the premise, block a parked motor vehicle, or otherwise park in a manner that violates the County's current parking and towing ordinance standards (Clackamas County Code Chapter 7.01). Violation of this section may subject the offending vehicle to immediate tow pursuant to ORS 98.853.

F. Short-term rentals in dwellings approved under the "resort accommodations" category in the Rural Tourist Commercial district are not required to provide more off-street parking than was required and approved under Zoning and Development Ordinance provisions.

G. Garbage. All garbage from a short-term rental shall be legally removed from the premises by the owner, occupant or franchised service provider at least once per week during any week, or portion thereof, in which the short-term rental is occupied. All outdoor garbage receptacles shall be covered and secured to prevent spillage. Recycling container(s) shall be available for use by renters.

H. Registration Identification. The registration identification number assigned to the short-term rental by the Administrator shall be included on any advertisement or rental platform where the short-term rental is offered to the public for occupancy.

I. Contact information for the responsible party as well as the County's registration identification number shall be posted, while paying guests are on the property, in an area and size to be readily visible from the nearest public roadway.

J. Building and Fire Safety. A short-term rental shall comply with all ordinances that apply to a dwelling, and all structural components shall be kept in sound condition and good repair. In addition:

1. Working smoke detectors and carbon monoxide detectors shall be installed and maintained in locations as required by the Oregon Residential Specialty Code.

2. Working fire extinguishers shall be placed in the kitchen and next to each wood burning appliance in an easily accessible location. A minimum of two (2) extinguishers are required in each Dwelling Unit.

3. Code-compliant pool and hot tub barriers shall be present.

4. Every sleeping area shall have not less than one operable emergency escape and rescue opening, including basement sleeping areas.

5. The dwelling shall have no open building or zoning code violations.

[Added by Ord. 04-2023, 9/7/23]

8.10.060 Examination of Books, Records and Premises

To determine compliance with the requirements of this chapter, the Clackamas County Zoning and Development Ordinance, and any local tax measures, the Administrator may examine or cause to be examined by an agent or representative designated by the Administrator, at any reasonable time, the premises, and any and all financial, operational and facility information, including books, papers, and state and federal income tax returns. Every owner is directed and required to furnish to the Administrator the means, facilities and opportunity for making such examinations and investigations.

[Added by Ord. 04-2023, 9/7/23]

8.10.070 Emergency Revocation

In the sole determination of the County, when a violation of the building code or applicable county ordinance exists at a short-term rental that presents an immediate serious fire or life safety risk, the Clackamas County Building Official may immediately revoke the short-term rental registration as a fire or life safety risk if a dangerous building posting has been initiated pursuant to County Code Chapter 9.01. Any appeal of the revocation of the short-term rental registration shall be done in conjunction with an appeal of the dangerous building notice as provided in County Code section 9.01.150.

[Added by Ord. 04-2023, 9/7/23; Amended by Ord 07-2026, 6/25/26]

8.10.080 Administration and Enforcement

The County encourages owners, registrants, occupants, and affected residents and owners of nearby properties, to contact the Short-Term Rental code enforcement office directly to report violations of this chapter. This report may be made and contact information will not be shared with the responsible party unless ordered by a court.

A. For acts of noncompliance, the Department of Finance shall administer, supervise, and perform all acts necessary to enforce this chapter or any other chapters of the Clackamas County Code applicable to short-term rentals, except as otherwise provided for in state law or in the Clackamas County Code such as, but not limited to, those regulations for which the Clackamas County Sheriff's Office, or an applicable fire district, has been vested with enforcement authority.

B. When noncompliance is suspected but not yet confirmed, program staff shall issue an allege letter as described in Code Section 2.07.030(A)(1) in writing, advising an owner and/or registrant, or an Occupant of the property, of an alleged violation(s) of this chapter or the County's noise control ordinance standards (Clackamas County Code Chapter 6.05) or the County's parking and towing ordinance standards (Clackamas County Code Chapter 7.01) related to the same short-term rental.

C. Except as otherwise provided in this chapter, Chapter 2.07 of the Clackamas County Code shall govern the process for enforcement of this chapter, including but not limited to the notice and procedures associated with any compliance hearing.

D. An owner that operates a short-term rental, or an Occupant, who violates any provision of this chapter may be subject to immediate citation. A Violation Letter, as described in Code Section 2.07.030(A)(3) is not required to be sent prior to the issuance of a citation.

E. A person who receives a citation for violation of this chapter shall respond within thirty (30) days of the issuance of the citation by demonstrating resolution of the violation and payment of any penalties established under this chapter, or by requesting a hearing as provided in Chapter 2.07.

F. The provisions in this section do not apply if the Administrator or Hearings Officer have reason to believe that the violation(s) pose an immediate threat to the health, life, and safety of occupants and may impose Emergency Revocation measures as identified in Section .070 of this Chapter.

[Added by Ord. 04-2023, 9/7/23; Amended by Ord 07-2026, 6/25/26]

8.10.090 Penalties

Violation of this chapter shall be punishable by suspension or revocation of a short-term rental registration, and/or by a penalty or fine in an amount set by resolution of the Board of County Commissioners.

[Added by Ord. 04-2023, 9/7/23]