17.105.025 Definitions.

City Code Section

(Amended by Ordinance 188086, effective December 16, 2016.) 

  1. As used in this Chapter, unless the context requires otherwise, the following words and phrases shall mean:
  2. A.  City means the City of Portland.
  3. B.  Dealer means any Person who:
    1. 1.  Imports or causes to be imported Motor Vehicle Fuel or Use Fuel for sale, use or Distribution in the city, but Dealer does not include any Person who imports into the city Motor Vehicle Fuel or Use Fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a Dealer hereunder if that Dealer assumes liability for the payment of the applicable Motor Vehicle Fuel Tax to the City and Dealer does not include terminal storage facilities; or
    2. 2.  Produces, refines, manufactures or compounds Motor Vehicle Fuel or Use Fuel in the city for use, Distribution or sale in the city; or
    3. 3.  Acquires in the city for sale, use or Distribution in the city Motor Vehicle Fuel or Use Fuel with respect to which there has been no Motor Vehicle Fuel Tax previously incurred.
  4. C.  Distribution. In addition to its ordinary meaning, the delivery of Motor Vehicle Fuel by a Dealer or Seller to any Service Station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines. Use Fuel is withdrawn directly for sale or for delivery into the fuel tanks of Motor Vehicles whether or not the Service Station, tank or storage facility is owned, operated or controlled by the Dealer or Seller.
  5. D.  Highway means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular travel.
  6. E.  Motor Vehicle means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of Motor Vehicle Fuel.
  7. F.  Motor Vehicle Fuel includes gasoline, mogas, methanol and any other flammable or combustible gas or liquid, by whatever name such gasoline, diesel, mogas, methanol, gas or liquid is known or sold, usable as fuel for the operation of Motor Vehicles, except gas, mogas, methanol or liquid, the chief use of which, as determined by the Tax Administrator, is for purposes other than the propulsion of Motor Vehicles upon the Highways.
  8. G.  Motor Vehicle Fuel Tax means the tax imposed on Motor Vehicle Fuel and Use Fuel in this Chapter.
  9. H.  Person means any natural Person, association, firm, partnership, corporation, joint venture or other business entity.
  10. I.  Seller means
    1. 1.  A person that sells Motor Vehicle Fuel or Use Fuel to a user of vehicles; or
    2. 2.  If the Motor Vehicle Fuel or Use Fuel is dispensed at a non-retail facility, the person that owns the users accounts and bills the users for Motor Vehicle Fuel purchased at a non-retail facility.
  11. J.  Service Station means any place operated for the purpose of retailing and delivering Motor Vehicle Fuel or Use Fuel into the fuel tanks of Motor Vehicles.
  12. K.  Street Repair and Traffic Safety Program means the City of Portland program in the Transportation Operating Fund where Motor Vehicle Fuel Tax net revenue pursuant to this chapter is deposited and street repair and traffic safety expenditures are recorded.
  13. L.  Terminal Storage Facility means any fuel storage facility that has marine or pipeline access.
  14. M.  Tax Administrator means the City Council, the City Council’s designees, or any Person or entity with whom the City Council contracts to implement the Motor Vehicle Fuel Tax program or a portion thereof.
  15. N.  Use Fuel means any combustible gas or material of a kind used for the generation of power to propel a Motor Vehicle on the Highways except Motor Vehicle Fuel as defined in Subsection 17.105.025 F. above.
  16. O.  User means the Person required to obtain a User’s License as required in ORS 319.550.
  17. P.  User’s License means the license required in ORS 319.550.
  18. Q.  Weight Receipt means a receipt issued by the Oregon Department of Transportation, stating the combined weight of each self-propelled or motor-driven vehicle.