A Temporary Merchant is identified as a person, or persons, occupying a temporary fixed location not within a permanent building, and selling or delivering from stock on hand, doing business in much the same manner as a permanent business. 

All Temporary Merchants who intend to operate a business for more than three (3) consecutive days at any one location must obtain a license from the City of Newberg.  The Temporary Merchant license will serve as the business license for the first year of operation (for perpetual merchants).  Temporary Merchant licenses are issued for either a 45 day period or for a perpetual period.  There are several exemptions to the Temporary Merchant licensing requirement, including the following:

  • Any Temporary Merchant who is in operation for three (3) or fewer consecutive days at the same location.
  • A non-profit organization selling goods, wares or merchandise, whose business is in operation on private property during one period not exceeding forty-five (45) consecutive days in any three-month period.
  • Sales associated with events sponsored through City Council or City Manager action such as the Old Fashioned Festival, City Auction, Bike Fair, and Turkey Carnival.
  • Temporary construction offices in conjunction with the initial development of residential, commercial or industrial property.

Temporary Merchants are only permitted to operate within the C-2 (Community Commercial) or C-3 (Central Business District) zoning districts of the city.  Temporary Merchants must also comply with all other applicable city, county, and state rules and regulations. 

5.15.120 LICENSING APPROVAL, AUTHORITY AND APPEALS OF TEMPORARY MERCHANTS.

(A) The city shall have the authority to approve or deny any application for a license to be issued under NMC 5.15.110. A license shall not be issued if the applicant has provided false information on the application form or has a current arrest warrant for any crime or previous criminal history of arrests, warrants, convictions, incarcerations and/or dispositions of charges that include but are not limited to theft, burglary, robbery, fraud, deceit, or any crime of violence within a 10-year period prior to the date of registration, with the exception that any arrests and past warrants for arrests will be reviewed on an individual basis for determination of  eligibility.

(B) Any applicant for a license which is denied approval may appeal the decision to the city manager. The city manager may accept or reject the decision of city staff, waive any requirements imposed, or refer the matter to the city council. The applicant may appeal the decision of the city manager to the city council. All appeals must be made by submitting a formal request of an appeal to the city manager, together with a nonrefundable processing fee as established by city council resolution.

(C) The application will be forwarded to the chief of police or his/her designee. If the application is returned by the chief of police or designee endorsed “Unsatisfactory”, the City will notify the applicant that his/her application has been disapproved and the reason thereof.