For the purposes of this chapter, the following words and phrases shall mean:
City manager. City manager or designee.
License. Includes licenses, certifications, or permits.
Licensee. Includes all persons possessing licenses, certifications or permits.
Principal. Includes all owners, shareholders, partners, directors, officers and managers of a business.
Material Information. Any information requested as part of the application process either for a new license, permit or certification, or a renewal of an existing license, permit or certification.
Special event. An activity, use, or event of a type normally regulated, permitted or licensed under provisions of this code, except that the activity, use, or event occurs only on a scheduled date(s) for a period of time not to exceed 14 calendar days.
Alarm central station. The business of any individual, partnership, corporation or other entity of monitoring the status of alarm systems not at the alarm central station location and reporting any alarm activations or changes in status to any police, fire, public safety or other governmental agency.
Audible alarm system. Any fire alarm system that upon activation, causes to be activated, in the immediate vicinity, any siren, bell, buzzer or other type of sound-emitting device that is designed for or expected to notify persons in the vicinity of an activation of the alarm system.
Automatic dialing device. A device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. Such a device is an alarm system.
Emergency response services. Police, fire and/or emergency medical services.
False alarm. A report received by the city from any source that results in a dispatch of emergency response services personnel to the premises on which a fire alarm system is located, (when a situation requiring a response does not in fact exist), but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the property owner, alarm business operator or alarm user. Use of a fire alarm system for a purpose other than its specific intended use constitutes a false alarm. A false alarm does not necessarily require a response by the city to the premises.
Fire alarm business. The business of any individual, partnership, corporation or other entity selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any fire alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.
Fire alarm system. A combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signal in the event of fire or system activation. Fire alarm system, for purposes of this chapter, includes, but is not limited to audible alarm systems, local alarm systems, silent alarm systems and those devices designed to transmit a signal or a message to a central alarm receiving station. An alarm system, the existence of which is exempt from disclosure under the public records law, is not included within this definition and is not subject to the provisions of sections 3.105 to 3.115 of this code.
Fire alarm user. Any person, firm, partnership, association, corporation, company or organization of any kind that owns, leases, rents, controls or occupies any building, structure or facility wherein a fire alarm system is maintained on premises within the city.
Interconnect. To connect a fire alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
Local alarm system. Any fire alarm system that operates solely as an audible alarm system without the additional features of a silent alarm system.
9-1-1 Central Lane Communications Center. The multi-jurisdictional facility used to receive emergency and general information from the public to be dispatched to the respective police and fire departments utilizing the center.
Premises. Any building, structure, facility, property or land within the city.
Primary trunk line. A telephone line serving the 9-1-1 Central Lane Communications Center that is designated to receive emergency calls.
Silent alarm system. Any fire alarm system that, upon activation, causes to be transmitted to a remote location, any signal or message indicating activation of the fire alarm system that signals or conveys a message that is not normally audible to persons in the vicinity.
Sound emission cutoff feature. A feature of a fire alarm system which will cause an audible alarm to stop emitting sound.
Borrower. A natural person who receives a payday loan.
Cancel. To annul the payday loan agreement and, with respect to the payday loan agreement returning the borrower and the payday lender to their financial condition prior to the origination date of the payday loan.
City Manager. The city manager or the manager’s designee.
Payday lender. A “lender” in the business of making payday loans as defned in ORS 725.600.
Payday loan. A payday loan as defined by state law.
Principal. The original loan proceeds advanced for the benefit of the borrower in a payday loan excluding any fee or interest charge.
Private Commerce on Public Property.
Commerce. A transaction occurring on public property involving the sale of, or offer to sell, goods or services.
Downtown activity zone. As described in section 4.871 of this code.
License operating area. The sidewalk from the midpoint of one block length, as defined in section 9.0500 of this code, to the midpoint of a connecting block length on the same block.
Occupied vending unit. A pushcart or other non-motorized movable cart, stand, or device propelled, occupied by, or attached to a vendor and utilized to engage in commerce on a public way.
Outdoor cafe. A restaurant that provides seating in the adjacent public right-of-way for service of food and beverages to its patrons.
Park blocks. That area generally bounded by East 8th Avenue, West Park Street, South Park Street, and East Park Street.
Public property. Sidewalks, streets, alleys, plazas and parks, including improvements thereto.
Sidewalk. That portion of the street between the curb line or the lateral line of a roadway and the property line of the adjacent property.
Sidewalk commerce. Commerce occurring on a sidewalk.
Street vendor. A person who sells or offers for sale, or distributes goods or services on a public street as defined in section 9.0500 of this code.
Vending equipment. Items or dispensing units other than occupied vending units.
Vending location. The specific area within a license operating area for which a person is licensed under this chapter to engage in commerce on public property.
Vendor. Any person engaged in private commerce on public property.
Public Passenger Vehicles.
Accessible vehicle. Any public passenger vehicle for hire that is constructed and equipped to meet ADA standards for the non-emergency transportation of persons in wheelchairs, persons using other mobility aids, or with other mobility impairments.
ADA. Americans with Disabilities Act.
Business. Any business, institution, association, occupation, and calling of every kind.
Charter Vehicle. A motorized vehicle originating from the Eugene-Springfield Metropolitan Area, marked with the company’s business name, operated for hire to transport a group of seven or more persons with the fare based on a group rate rather than an individual basis.
Club car service. Vehicular passenger transportation service provided by a business to club members or by a residence home to its residents.
Courtesy car service. Vehicular passenger transportation service provided by a business to its clients or customers at no cost.
Employee. Any person employed for remuneration or under any contract of hire, written or oral, express or implied, including independent contractors. All persons who drive public passenger vehicles, including any person who has an ownership interest in the company, shall be considered employees of the public passenger vehicle company for purposes of this chapter.
Manager. Any person in charge of the operation or management of the public passenger vehicle company, any person who can direct or control the activities and scheduling of the company’s employees, and any person who can hire or fire the company’s employees.
Motorized vehicle. A public passenger vehicle other than a horse-drawn carriage or a non-motorized bike cab.
Operator. Any person who is a principal in a public passenger vehicle company. A principal includes all owners, shareholders, partners, directors, officers and managers.
Public passenger vehicle. Any vehicle which is used for the transportation of passengers for hire, including, but not limited to, shuttles, horse-drawn carriages, non-motorized bike cabs, and taxicabs. However, the following shall not be considered public passenger vehicles for the purposes of this chapter:
1. Vehicles, other than shuttles, operated pursuant to written authority by the city, state, or federal governments, or political subdivision thereof;
2. Vehicles commonly known as rent-a-cars, that are rented to be driven by the renter or the renter’s agent;
3. Courtesy car services;
4. Tour bus services;
5. First aid vehicle or medical transport vehicle as those terms are defined in section 3.005 of this code;
6. Club car services;
7. Limousine, as that term is defined in section 3.005 of this code.
Public passenger vehicle company. Any business which operates one or more public passenger vehicles, regardless of who owns the vehicles operated.
Shuttle. A motorized vehicle for hire that transports passengers between predetermined destinations (e.g. motels, airport, downtown passenger station), at fixed rates and on a fixed schedule.
Taxicab. A motorized vehicle that is operated for hire by the public passenger vehicle company, other than a shuttle, limousine, or charter.
Taxi meter. A mechanical or electronic device which calculates and displays a fare.
Tour bus. A motorized vehicle accepting individual passengers for a fare for sightseeing or guided tours, making occasional stops at certain points of interest and returning the passengers to their point of origin.
Transportation Network Company. A person or business that provides a digital or software application scheduling platform or service that enables a prospective passenger to connect to a vehicle-for-hire.
Transportation Network Driver. An employee or independent contractor of a transportation network company that operates a vehicle-for-hire by transporting passengers for compensation utilizing the transportation network company’s digital or software application scheduling platform or service.
Transportation Network Vehicle. A vehicle-for-hire operated by a transportation network driver.
Vehicle-for-Hire. A vehicle used for providing shared transport, which transports one or more passengers for a fee between locations of the passengers’ choice, including, but not limited to, all public passenger vehicles and all transportation network vehicles.
Vehicle-for-Hire Company. All public passenger vehicle companies and all transportation network companies.
Solid Waste, Yard Debris and Recycling:.
Collection route. Any public or private street, road or alley that is suitable for motorized vehicle travel and that is either used by the public, or abuts parcels of real estate occupied by not less than four of a licensee’s residential solid waste collection customers.
Collector. The person who provides collection service.
Commercial. Stores; offices, including manufacturing and industrial offices; restaurants; multi-family dwellings; warehouses; schools; colleges and universities; hospitals; and other employment and industrial, manufacturing and non-manufacturing entities; but does not include business activities conducted in residential dwellings.
Compensation. Compensation includes:
a. Any type of consideration paid for service including, but not limited to, rent, the proceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons;
b. The exchange of service between persons; and
c. The flow of consideration from a person owning, possessing or generating solid waste to another person who provides services or from a person providing services to another person owning, possessing or generating solid waste.
Curbside. When used with reference to residential waste and recycling collection, curbside is that area abutting a collection route that is within three feet of the curb or other line of demarcation of the edge of the collection route. A curbside area may be within the apron of a residential customer’s driveway if no other useable curbside space is available. Curbside space does not include any area within a public or private roadway, including any portion of the roadway used for vehicle parking or as a bicycle lane.
Curbside collection. The collection of solid waste or recyclables placed at a curbside location.
Customer. Those persons to whom a licensee provides collection service of solid waste, recyclable materials or yard debris.
Licensee. The person to whom a solid waste collection license is granted by the city pursuant to this code, to provide service and solid waste management service for compensation, or the person to whom a recycling collection license is granted by the city pursuant to this code, to provide collection of recyclable materials.
Multi-family dwelling. A building or group of buildings on a single development site used for occupancy by three or more families, living independently of each other and having separate housekeeping facilities for each family.
Person. The United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, trust, firm, estate or other private legal entity.
Rate. The fee set by administrative rule that collectors are allowed to charge their customers.
Recyclable materials. Any material that still has or retains useful physical, chemical, or biological properties after serving its original purpose(s) or function(s), and is separated from solid waste that will be transported to a transfer station or landfill, either by the generator or at the material recovery facility.
Recycling. Any process by which solid waste materials are transformed into new products in a manner that the original products may lose their identity.
Refuse. Solid waste as defined in this code.
Residence. Any dwelling unit in the city that is a duplex or smaller where at least 50 percent of the use of the building is residential, regardless of whether it has solid waste collection in individual cans, carts or containers. The term “residence” does not include any multi-family dwelling as defined in this section.
Residential. Of or pertaining to a residence as defined in this section.
Service. The provision of collection, transportation or disposal of solid waste, residential recycling, or yard debris.
Solid waste. All putrescible and non-putrescible wastes, including, but not limited to, garbage, rubbish, refuse, ashes, paper and cardboard, useless or discarded commercial, industrial, demolition and construction materials, manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. Excluding discarded or abandoned vehicles or parts thereof; sewage, sludge, septic tank and cesspool pumpings or other sludge; discarded home or industrial appliances; hazardous wastes as defined in ORS 466.005; materials used as fertilizers or for other productive purposes; recyclable materials which have been source separated for collection.
Solid waste collection license. A license which allows the holder to provide collection of solid waste, yard debris, or recyclables within the city limits of Eugene.
Solid waste collector. The person who provides solid waste, yard debris, or recyclable collection service on a regular, recurring schedule.
Source separate. To separate recyclable materials from solid waste by the person who last uses the recyclable material.
Vehicle. Any motorized equipment used to collect and/or transport solid waste or recyclable.
Yard debris. Includes grass clippings, leaves, hedge trimmings, branches that are less than four inches in diameter and fit inside the yard debris cart, and similar vegetative waste but does not include dirt, rocks, metal, or other non-vegetative solid waste.
a. The one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and
b. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
Cable System. A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. A reference to a cable system includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the cable system. As used herein, cable system does not include:
a. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
b. A facility that serves subscribers without using any public right-of-way or public utility easements;
c. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers;
d. Any facilities of any electric utility used solely for operating its electric utility systems; or
e. An open video system that is certified by the FCC.
Communications facility. Refers to a telecommunications facility, cable system, or open video system.
License. Refers to the authorization granted by the city to an operator of a communications facility, giving the operator the non-exclusive right to provide, through facilities maintained or operated upon, across, beneath, or over any public right-of-way in the city, a specified service within a license area. Any such authorization, in whatever form granted, shall not exempt the licensee from the need to obtain any other permit, registration or authorization required by this code, including but not limited to:
a. The registration required by section 3.405 of this code;
b. Any permit, agreement or authorization required in connection with operations in the public right-of-way or on other public property including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along public rights-of-way.
FCC. The Federal Communications Commission or its designee.
Gross Revenues. Any and all revenue, of any kind, nature or form, without deduction for expense.
Open Video System, or “OVS.” A facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, which includes video programming, which is provided to multiple subscribers within a community, and which the Federal Communications Commission or its successor has certified as compliant with Part 76 of the Rules of the Federal Communications Commission, 47 C.F.R., Part 76, as amended from time-to-time.
Operator. A person who provides telecommunications services. When used with reference to a system, refers to a person:
a. Who provides, or intends to provide, service over a communications facility and directly or through one or more affiliates owns a significant interest in such facility; or
b. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility.
A person that leases a telecommunications facility or a specific portion of a telecommunications facility to provide telecommunications services shall be treated as an operator for purposes of this code.
Person. Includes any individual, corporation, partnership, association, joint stock company, trust, limited liability company, or any other legal entity.
Private communications system. A facility placed in whole or in part in the public right of way for the provision of communications solely in connection with a private communications system owner’s business, but not encompassing the provision of telecommunications services for hire to others or in any respect the provision of telecommunications services.
Registration. The provision of information to the city by an operator or other person engaged in telecommunications activities, pertaining to telecommunications activity within the city. The information shall be submitted on a form provided by the city and in such additional documents as the city may require, and shall be accompanied by an application fee in an amount set by the city manager pursuant to section 2.020 of this code.
Reseller. Any person that provides telecommunications service using a telecommunications facility for which service a separate charge is made, where that person does not own, lease, control or manage the telecommunications facility used to provide the service.
Telecommunication activities. Telecommunication activities include telecommunication services, cable service, OVS services, and private communication system services.
Telecommunications facility. A facility that is used to provide one or more telecommunications services. The term telecommunications facility includes radio transmitting towers, other supporting structures, and associated facilities, including fiber, used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service.
Telecommunications services. The transmission for hire, of information in electromagnetic frequency, electronic or optical form, including, but not limited to, voice, video, or data, whether or not the transmission medium is owned by the provider itself, and whether or not the transmission medium is wireline or wireless. Telecommunications service includes all forms of telephone services and voice, data and video transport, but does not include: (1) cable service; (2) OVS service; (3) private communications system services; (4) over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; and (5) direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act of 1996.
Tobacco Products Retail Licenses:.
Minor. Any person under 18 years of age.
Self-service display. An open display of tobacco products to which the public has access without the intervention of a store employee.
Tobacco product. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion.
Vendor-assisted sales. Sales in which a customer has no access to tobacco products without the assistance of a store employee and in which a customer does not take possession of the tobacco product until it is purchased.
Uniform Business Practices
Commercial Solicitor. A person who goes from house to house or place to place, selling or taking orders or offering to sell or take orders for goods or services for present or future delivery, or for the making, manufacturing, or repairing of an article or thing for present or future delivery, except a person selling to merchants for resale. Commercial solicitors do not include:
Persons selling or taking orders for the sale of fruits, vegetables, dairy products, poultry, meats, or farm products raised or produced by themselves;
Carriers of newspapers of general circulation or
Solicitor employer. A person who employs one or more commercial solicitors.
First Aid and Medical Transport Vehicles.
Ambulance services. The transportation of an ill, injured or disabled individual and, in connection therewith, the administration of pre-hospital and out-of-hospital medical, emergency or non-emergency care, if necessary.
Emergency care. The performance of acts or procedures under emergency conditions in the observation, care and counsel of the ill, injured or disabled, or in the administration of care or medications as prescribed by a licensed physician, insofar as any of those acts is based upon knowledge and application of the principles of biological, physical and social science.
First aid care. The performance of non-emergency care of a type not requiring consultation with a physician, on a patient whose medical condition will not require evaluation or observation during transport.
First aid vehicle. Any motor vehicle for hire that is constructed, equipped or regularly provided for the transportation in the sitting or non recumbent position of persons, and in connection therewith the rendering of first aid care as defined in this chapter.
First aid vehicle operator. Any person engaged in the operation of a first aid vehicle.
First aid vehicle owner. Any person engaged in the business of providing first aid vehicle services.
Non-emergency care. The performance of acts or procedures on a patient who is not expected to die, become permanently disabled or suffer permanent harm within the next 24 hours, including but not limited to observation, care and counsel of a patient and the administration of medications prescribed by a licensed physician, insofar as any of those acts are based upon knowledge and application of the principles of biological, physical and social science.
Medical transport vehicle. Any motor vehicle for hire that is constructed, equipped or regularly provided for the transportation in the sitting or non recumbent position of non-ambulatory or medically impaired persons not requiring ambulance services as defined in this chapter.
Medical transport vehicle operator. Any person engaged in the operation of a medical transport vehicle.
Medical transport vehicle owner. Any person engaged in the business of providing medical transport vehicle services.
Limousine. An unmarked luxury class motor vehicle that is operated for hire on a reserved, hourly basis, and used on a prearranged basis for special or business functions, weddings, funerals or similar purposes.
Improper play. Any conduct that violates federal, state or local gambling laws or regulations.
Owner of social gambling premises. Any person who owns or operates a social gambling premises. When a corporation is owner or operator, the term shall include any substantial shareholder and all corporate officers and directors. A substantial shareholder is one who owns at least ten percent of the issued shares of the corporation.
Person in charge. An owner of social gambling premises or other person designated by an owner to supervise the play of social games on a social gambling premises.
Place of public accommodation. Any place offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements or otherwise. However, a place of public accommodation does not include any institution or bona fide club or place of accommodation which is in its nature distinctly private.
Private club. Any person organized under ORS Chapter 61 or similar corresponding provisions of any other state law.
Social gambling premises. Any place of public accommodation or any private club where social games are played.
Social games. All games described in Hoyle’s Modern Encyclopedia of Card Games (Dolphin Handbook No. C512) when played by the rules prescribed by federal, state and local law, except any card game in which the deal does not pass, cannot be won or requires a full time banker, or any card game prohibited by federal, state or local law.
Something of value. Any money or property, any service or promise to perform a service, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein.
Wager or bet. To stake or risk, or the staking or risking, of something of value upon the outcome of any social game.
a. Any instrument or device, other than a knife or a firearm as defined in 18 USC Section 921, designed to, or which has no other purpose but to strike, launch a projectile at, immobilize or injure another person, including, but not limited to, a stun gun, mace, a cross-bow, a sap, and martial arts apparatus, and
b. A sword, switchblade, stiletto, dirk, machete, any knife with a blade sharpened on both edges, or any knife with a folding blade which is sharpened on one edge and is five inches or more in length.
Proper identification. A document issued by a city, county, state or federal government which bears a photograph and the signature of the person to whom it was issued.
Weapons dealer. A person or any employee of a person who engages in the business of selling or offering for sale at retail firearms or dangerous weapons.